13 Dr. Upton asked the Minister for Public Enterprise her plans to take legal action in relation to the shipment of Japanese plutonium MOX fuel which is due to be brought to Sellafield in July 2002; and if she will make a statement on the matter. [10530/02]

I am aware of reports that a shipment of MOX fuel from Japan to Sellafield is due to take place later this year. I understand that the proposed shipment will contain the MOX fuel pellets produced at the Sellafield MOX demonstration facility which was at the centre of the safety data falsification incident in 1999. I understand that the plutonium in the MOX fuel being returned from Japan may be recovered and manufactured into new MOX fuel and then returned to Japan. If this is the case, and depending on the timing of the shipment, the United Kingdom may be in breach of the terms of an undertaking given by it to the International Tribunal on the Law of the Sea. I have written to the United Kingdom on this matter seeking full details of this shipment and confirmation that the returned fuel will not be returned to the MOX plant. Once I receive a reply from the United Kingdom, I will consider further the options available to us.

I thank the Minister of State for his reply. Does he agree the transportation of large volumes of radioactive materials on the Irish Sea is highly undesirable? Is he aware of the recent incident where the Atlantic Osprey, a ship which carries fuel to and from the MOX plant and the other facilities at Sellafield, went on fire while it was leaving the docks there? Luckily, it had been unloaded. Has he specifically brought this matter to the attention of the British authorities? Is there any further action he can take on the matter?

The incident to which Deputy Stagg referred serves to highlight the concerns we have and which Ireland voiced in regard to the transportation of nuclear materials by sea. It certainly justifies our protestations regarding this undesirable practice. As regards the Atlantic Osprey, the vessel to which Deputy Stagg referred, a fire occurred in the Manchester ship canal earlier this week. Fortunately, the vessel was unloaded at the time but it could have been otherwise. We have sought a response and explanation for this. We have asked the Department of the Marine and Natural Resources to investigate this matter and to try to discover the implications for the marine environment, and human life, had this vehicle been loaded.

(Mayo): Is the Minister of State frustrated at the lies, deceit and misinformation that constantly flow from the British, despite numerous court judgments that have obliged them to provide accurate information? Is he frustrated at the arrogance, contempt and total disregard for the rightly held views of countries, such as Ireland, who would feel the effects of any incident at Sellafield? What is the position regarding the establishment of a coalition of international non-nuclear countries that could really take on the British? Norway has a common interest. As a cohesive force such a coalition might be in a position to face down the contempt and arrogance of the British.

I am pleased to have the opportunity to answer this question. I have been in this job for almost five years and I became annoyed and frustrated after a year. My predecessors must also have felt frustrated and annoyed. I have endeavoured through meetings with UK Ministers to resolve this but have achieved nothing. That is precisely why I called in a Queen's Counsel to work with our experts. I also called in economic experts. I called them in to prepare as well as possible for a case to be taken in the international courts. That preparation went on for two and a half years. It enabled me to go to Government in May of last year seeking authorisation for taking the case. That was borne out of the frustration that I and my predecessors felt. The Government is resolved to proceed with these cases in the international courts to ensure these installations are brought to an end.

Does the Minister of State accept that if this cargo of plutonium can be prevented from going to Japan, it would be a serious draw back to the future of the MOX plant? Does he agree there is a case to be taken to the international tribunal on this issue? If he can bring this to the international courts and achieve a success there, it will sound the death knell of the Sellafield MOX plant.

The Deputy's points are valid. We have sought details about this issue with a view to pursuing this under ITLOS. Undertakings were given last November in the case taken under the UN Convention on the Law of the Sea. The UK gave undertakings to ITLOS regarding movements of radioactive materials connected with the MOX plant. We certainly intend to pursue this at the tribunal.

That concludes Question Time.

I know it is not authorised but I would like to thank the Minister. Perhaps the Minister would like to speak first.

We have go to the Adjournment. The Chair has no discretion in this matter. If Members wanted to do this they could have done it during Question Time.

I thank Deputies Jim Higgins and Stagg for the very generous way in which we were all treated. It was rowdy at times but a lot of good was done.

I would prefer if we did not have a round of congratulations. We are on the Adjournment and it is not fair—

I want to thank Ms Linda Murphy in my office. She has been the best person for dealing with parliamentary questions.

I ask the Minister not to proceed in this way.

I hope both Deputies re-emerge in the next Dáil.

What about the rest of us?

The Minister is abusing the House.

I would like to thank the Minister for her persistence. Unless there is a great confluence of coincidence in the next Dáil, we will not be sitting across from one another as we are now.

(Mayo): I thank the Minister and the Minister of State. We have had our ups and downs, as all lovers do.

I thank my colleagues opposite for all the hardship they gave me in the past few years. I thank them for their co-operation when it mattered in terms of getting legislation passed.

Written Answers follow Message from Seanad.