The High Court has reserved judgment on an application from a Kildysart, Co Clare, residents' group seeking information on a proposed explosives manufacturing plant in the area.
The issue over what the Minister for Justice describes as security-sensitive information has held up a public hearing into the granting of an explosives manufacturing and storage licence to Shannon Explosives, a company run by an Ennis-based businessman, Mr Paddy Whelan.
Two groups of objectors - the residents' group, Cairde Cill Disert Teoranta, and a community of Salesian sisters - were represented in court on Tuesday.
Judge Mella Carroll said she was reserving judgment on a request by the residents' group for an order to be made compelling the Minister to disclose detailed operational plans for the proposed €6.5 million plant. It is envisaged that the plant would manufacture ammonium nitrate and fuel oil (ANFO), which is a blasting agent, and water-based emulsion explosives. Currently, the only explosives manufacturer in the State is the CRH plant at Enfield, Co Meath.
Earlier this month, the Minister was ordered to release information on the Kildysart plant's safety aspects. The objectors have received copies of the draft safety report. Security details relating to the license remain classified.
Mr Michael Nolan, a solicitor representing the residents' group, said his clients would classify the safety report as more an aspirational document than a detailed one on the plant's operation.
"We feel it would be at the discretion of the company as a self-regulated entity rather than regulated by the EPA and the county council," he said.
The draft safety report had not been released by Clare County Council, which granted permission for the development in December, 2000. The planning application is now before An Bord Pleanála, which recently gave notice that a revised Environmental Impact Statement (EIS) had been submitted by the developer. The safety report submitted in the revised EIS states that ANFO and emulsion products are "relatively insensitive explosive materials that have gained wide acceptance throughout the world for mining, quarrying, and construction blasting.
"These products have an excellent manufacturing, transport, storage, and handling safety record and have replaced dynamite and other types of conventional explosives in most industrial blasting operations."
The report gives details of accident prevention and safety, and a health and environment management system, which also covers sub-contractors. Personnel and visitors would be searched on entry to the plant. "No private vehicles will be permitted past the security checkpoint," it says.
An emergency plan "in the event of a fire, chemical spill/toxic gas release, natural disaster and/or bomb threat" would involve co-ordinated drills with the fire brigade and other emergency response personnel. "There will be a strict no-smoking rule on the site." The six-member management team includes specialists from the US, including Mr Charles Wade, the inventor of the detonator-sensitive emulsion explosive. The plant would include two magazines, a detonator magazine, a raw materials warehouse, a manufacturing building and a storage tank for liquids.
The company received a draft license for the manufacture and storage of industrial explosives from the Department of Justice. This must now be approved by the county council.
"Many of the exact details of the license are classified and under tight security control of the gardaí," the report adds.
The company states the plant would comply with national, European, UN and American Institute of Makers of Explosives standards. Products "must pass rigorous tests for burning, friction, drop impact, sensitivity and stability to ensure appropriate levels of safety". Buildings would be designed with fire-breaks and vegetation would be cleared within 50 feet from each building.