Parties in Irish Ispat case agree plan to move radioactive waste

Radioactive waste at the former Irish Steel plant at Haulbowline, Co Cork, is to be moved by agreement to nearby Rocky Island, the High Court was told yesterday. The waste is at the centre of a legal dispute between a number of Government ministers and Irish Ispat Limited, the company that acquired Irish Steel in 1996.

Last week, the High Court granted orders against the liquidator, Mr Ray Jackson, and against Irish Ispat Limited, after being told by lawyers for the ministers they had "grave concerns" the liquidator was to leave the site on Wednesday May 22nd without, it was alleged, making adequate arrangements in relation to radioactive material, security and other matters at the site. The interim orders restrained Mr Jackson and the company from leaving the site without such arrangements being put in place.

Later last week, the court was told Mr Jackson and Irish Ispat were strongly rejecting the claims made against them and were contending the orders should never have been made. They claimed correspondence material to the issues before the court was not put before the court when the interim orders were granted. Mr Justice Kelly directed a full hearing of the matter be held yesterday and also joined the RPII as a notice party to the proceedings.

Yesterday, Mr Justice Smyth was told it was proposed the radioactive material would be moved, under terms of an amended RPII licence, to Rocky Island and that this was to the agreement of all parties.

The judge was told the only issue for him to decide yesterday was whether the interim injunctions granted last week should have been granted. After hearing submissions from all sides, he said the dispute was essentially whether there was full and frank disclosure last week of all the relevant material.

The judge said he was satisfied the orders arose as a result of an unfortunate misunderstanding but he did not believe they had been improperly obtained. People had been concerned about the physical machinery on the Haulbowline site and the issue of what to do about the radioactive waste had not been seriously thought out. A situation then arose, "in a sort of a hurry", where people became very concerned about it between May 9th and 19th last.

It was unfortunate, when the interim orders were sought, that some of this material was not before Mr Justice Kelly, Mr Justice Smyth said.

However, he did not believe there was any bad faith. There was a sense of hurry, that the parties were short of time. That should not have been the case as the liquidator had served notice in February last of his intention to vacate the site on May 22nd, the judge noted.

The case arose following the sale by the State of Irish Steel in 1996. Under the terms of sale, the premises and lands at Haulbowline island, Cork Harbour, were leased to Irish Ispat Limited.

Irish Ispat Limited later went into liquidation and Mr Jackson was appointed liquidator. He has taken proceedings under the Companies Act to disclaim the 35-year lease and has exercised a break option under which he was to vacate Haulbowline on May 22nd last.

In those circumstances, proceedings have been initiated by the ministers for the Environment and Local Government; Finance; Enterprise Trade and Employment; Communications, Marine and Natural Resources; and Defence, alleging breach of contract and failure to provide a secure site at Haulbowline.

Earlier yesterday, in affidavits, Mr Jackson strongly criticised the application for the injunctions and said that, despite regular communication with officials acting for the ministers involved, there had been no intimation to him of any grave concerns on the part of the ministers regarding arrangements about waste at Haulbowline. He also argued there were no problems raised with security arrangements prior to the court application. He would have addressed any concerns raised.

Mr Jackson described an affidavit on behalf of the RPII, which alleged he was reckless as to the arrangements at the site, as totally incorrect, astonishing and a professional insult.