Willie Penrose (Longford-Westmeath, Labour)
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Question 22: To ask the Minister for Communications, Energy and Natural Resources his views on the increasingly pro-nuclear position that the EU is taking; his further views on the use of nuclear and the need for a debate on this issue; the Government position regarding importing electricity generated by nuclear power; and if he will make a statement on the matter. [23092/07]

Eamon Ryan (Dublin South, Green Party)
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The Government considers that nuclear power is neither sustainable nor an answer to Ireland's energy needs irrespective of the position of a number of Member States. Our position is shared by several Member States and the EU Commission has made repeatedly clear that it is for Member States to determine their own energy mix. The President of the Commission Jose Barroso publicly restated this message on 1 October.

The Energy Policy Framework and the Programme for Government make it clear that the Government fully intends to maintain the statutory prohibition on nuclear generation in Ireland. My own position on the question of a debate on the nuclear issue has long been consistent. As with all aspects of energy policy, I have no difficulty with a debate on nuclear power set in the full context of an overall review of our energy use in transport, heating and power generation. In each of the three areas of energy use I believe we have the solutions, it is a matter of accelerating delivery of renewable energies and energy efficiency first and foremost. I believe a rational debate on our future energy options will help reconfirm this case.

The use of nuclear fission for the generation of electricity in Ireland is statutorily prohibited under Section 18(6) of the Electricity Regulation Act 1999. This prohibition does not, however, include the importation of electricity generated by nuclear energy. Legal advice received by my Department states that such a prohibition would be in breach of Article 28 of the EC Treaty, which prohibits quantitative restrictions on imports and all measures having equivalent effect between Member States.

I am therefore advised that a prohibition on the importation of electricity generated with the use of nuclear energy would be highly unlikely to have a legal justification even if it were technically feasible.

I am further advised that it is not technically possible to guarantee that electricity imported over an interconnector is not generated from nuclear sources as it is not physically possible to prevent the flow of nuclear generated electricity onto the network. Nor is it possible to distinguish the flow of electricity across interconnectors by reference to the original source of supply or generation.