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Dáil
‹ Leaders' Questions.

Sellafield legal cases and support for campaigners

Summary

Sargent questions the Government’s commitment to its international cases against the UK over Sellafield and asks whether it will appeal and support the Stop Thorpe Alliance. The Taoiseach describes the legal proceedings and the Government’s legal, technical and scientific preparations.

I am asking the Taoiseach a particular question but it relates to you as well, a Cheann Comhairle. My colleague, Deputy Gormley, tabled a matter on the Adjournment dealing with justice, and the Minister's constituency and he should have been here for that as well.

The Minister for Communications, Marine and Natural Resources, Deputy Noel Ahern, was heard yesterday on the radio describing how the Government legal action over Sellafield was akin to taking on the might of the British Empire. Does the Taoiseach accept that for many years, Fianna Fáil and the Progressive Democrats members, when they were in Fianna Fáil, were helping the British Empire to promote nuclear power? Mr. Dessie O'Malley wanted to build a nuclear power station at Carnsore and Mr. Albert Reynolds wanted to give money to the thermal oxide reprocessing plant at Sellafield, and succeeded as he was chairing ECOFIN at the time and gave Thorpe the wherewithal to build with a large financial aid package.

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The Deputy should not be that hard on Deputy Cuffe.

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Noel Dempsey Mr. N. Dempsey Fianna Fáil

It is cleaner than fossil fuels.

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In that regard I welcome the Government change in policy from the original Fianna Fáil policy but is the Government resigned to being defeated, which seems to be the Minister's view, in the United Nations Convention on the Law of the Sea case, and the awaited outcome of the OSPAR case? If the Government is taking that view is it prepared to appeal and strengthen the case of the Stop Thorpe Alliance Dundalk group in County Louth which has been promised financial aid in the Fianna Fáil manifesto, and the programme for government previously, but has not enjoyed fulfilment of the promise, which is not unusual.

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The background to this is that the oral hearings, as I promised some time ago, are taking place and this is the second of two international legal cases we are taking against the United Kingdom regarding Sellafield and the MOX plant. It began yesterday in the Hague. The case is being brought under the United Nations Convention on the Law of the Sea and the oral proceedings in the case which concerned access to documents took place last October under the OSPAR Convention. The Government has put in a great deal of time and effort building a legal team, a technical team and a scientific team to fight this case. We have used international experts and others to try to assemble our case. The hearings will proceed for the next three weeks from 10-27 June and take place before a five member tribunal.

Our concerns centre on the pollution arising from the discharge of radioactive waste from the MOX plant and its associated facilities, including Thorpe in the Irish sea. I thank Deputy Sargent for his party's support for the Government's effort in this case. These cases have been the most significant legal actions taken by Ireland. They represent the Government's absolute commitment to ensuring that our rights under these international conventions regarding Sellafield and its operations are fully vindicated, and the legal team is led by the Attorney General. I know Deputy Sargent would agree with me that the same solidarity that was shown in Westminster yesterday should be shown here today and that while the case is on we should stand by the legal team and support them as was done yesterday in Britain.

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Noel Dempsey Mr. N. Dempsey Fianna Fáil

Hear, hear.

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Can I take it from the Taoiseach's reply that he is prepared to go the whole way and if necessary to appeal the decision, and leave no stone unturned? That is not the message that came from his Minister and I regret that. On the related matter of protecting us from nuclear pollution in the future does the Taoiseach accept also that the Green Party has co-operated in the national interest in dealing with the Convention on the Future of Europe with the Government line?

Can he clarify the Government line when it comes to the EURATOM treaty which some pro-nuclear governments want included in the new EU constitution? Does the Government accept that the EURATOM treaty, founded in 1957, is out of date and contrary to the aims for reforming the internal market for electricity, and contrary to the provisions of Article 3.2 requiring the integration of high level environmental protection in all aspects of Union policy areas? Does the Taoiseach have a particular view on how the EURATOM treaty is to be dealt with in the Convention? There are four options, three of which would be acceptable to us: abolition of the treaty, reform of the treaty to take out its pro-nuclear position, or a sunset clause. The only option that is not acceptable is a review of the EURATOM treaty after 2007 a view put by some member states. Which of the options is the Government supporting?

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