Seán Ryan (Dublin North, Labour)
Link to this: Individually | In context

Question 69: To ask the Minister for the Environment, Heritage and Local Government when he expects a final decision in relation to the UNCLOS case in view of the preliminary judgement in January 2006, and the legal team Ireland has working on the case at present. [16524/06]

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

The Government's international legal proceedings against the United Kingdom under the United Nations Convention on the Law of the Sea in relation to 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 relation to 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 on the 30 May next. The final outcome should clarify international and EU law in relation to 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.

Ireland's legal team for the proceedings taken under the United Nations Convention on the Law of the Sea is led by the Attorney General and is as follows; Mr. David J. O'Hagan (Agent for Ireland), Ms. Christina Loughlin (Deputy Agent), Mr. Eoghan Fitzsimons SC, Mr. Paul Sreenan SC, Professor Philippe Sands QC and Professor Vaughan Lowe. Further information can be obtained on the website of the Permanent Court of Arbitration at http://www.pca-cpa.org. A similar team with the addition of Niamh Hyland, BL, acted for Ireland in the litigation before the European Court of Justice.