Willie Penrose (Westmeath, Labour)
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Question 55: To ask the Minister for the Environment, Heritage and Local Government the legal avenues the Government is examining internationally in the State's campaign to close Sellafield, given the preliminary judgment on the UNCLOS case. [9410/06]

Dick Roche (Wicklow, Fianna Fail)
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The Government's international legal proceedings against the United Kingdom under the United Nations Convention on the Law of the Sea in respect of the Sellafield MOX plant were suspended in 2003 pending resolution of jurisdictional issues in the dispute raised by the European Commission.

These issues were the subject of proceedings by the European Commission against Ireland before the European Court of Justice, ECJ. The advocate general's opinion, issued in the case on 18 January last, considers that the ECJ has jurisdiction in the dispute between Ireland and the UK. While this opinion favours the case made by the Commission, it will be a matter for the court to issue the final judgment which is expected later in the year. The final outcome should clarify international and community law on the protection of the marine environment and other issues raised by the continued operation of the Sellafield reprocessing plant.

The Government, in consultation with the Attorney General, will decide future legal strategy based on the final judgment of the ECJ case; it would be premature at this point to speculate on the legal options or avenues open to the Government arising from this process.