The Cabinet is to be briefed "this week" on its options in a case being brought to the Irish courts by four Co Louth residents seeking to close the Thorp nuclear reprocessing plant at Sellafield. Fianna Fail made a pre-election commitment to fully fund the case.
The Minister of State for Public Enterprise, Mr Joe Jacob, who has responsibility for Sellafield issues, said yesterday that a briefing document had been completed by his Department.
Once it was considered by Cabinet he would meet representatives of Stop Thorp Alliance Dundalk. He declined to comment on the issue of funding the case. The residents are bringing the action against British Nuclear Fuels Ltd but have also linked the Attorney General and Ireland in the proceedings. It was claimed that the State had failed to adequately protect the health interests of its citizens. STAD was granted leave in the Supreme Court to bring the case.
BNFL, which last Friday got clearance for Thorp to go into full production, said it would fully defend the case which seeks both damages and the plant's closure. If the Government is prepared to fully fund the STAD action - Fianna Fail in effect promised to pursue the matter to the European Court, if necessary - it is understood that the element of the case where Ireland is joined in the action is open to negotiation.
Mr Jacob said: "The Cabinet will be briefed this week. I will then be in a position to respond to STAD's request for a meeting. An achievable date for that meeting is in early September."
He said he was "not going into the issue of funding" but hoped to report "something positive" once the Cabinet had considered the matter.
The Irish Times understands, however, the residents are concerned that a delay in confirming funding for the case since the Fianna FailPD coalition came into power is leading to the commitment being weakened. STAD's solicitor, Mr James McGuill, said yesterday that while there was reluctance to sue the State, the Attorney General and Ireland "are still defendants".
The case centres on the issue of an environmental impact assessment which was not required in Britain at the time Thorp was planned - and justification, which is a strong principle of EU law. It is not expected to go to hearing for at least a year.
Mr Jacob confirmed he has sought a meeting with the British Environment Minister of State, Mr Michael Meacher, before October at the latest, on Thorp. He has also lodged objections to BNFL's recent application to amend discharge authorisations at Sellafield.
"Principally, we are concerned that the projected effects on Ireland are not clearly stated and that BNFL should speed up proposals for the introduction of abatement technology to reduce technetium-99 discharges."
