A legal action by four Co Louth residents aimed at closing the Thorp reprocessing plant at Sellafield may finally open at the High Court early next year.
The proceedings were initiated in 1994 and are against the State and British Nuclear Fuels Ltd (BNFL), operator of the Thorp plant, construction of which was completed in 1992.
Proceedings were initiated against the State because of its failure to take a legal challenge to Thorp. In 1996, the Supreme Court rejected BNFL's claim that the residents could not sue the company in Irish courts.
The proceedings were initiated before the recent decision by the Government to take an international case against the UK, claiming it has violated the UN Convention on the Law of the Sea by authorising the MOX nuclear fuel production plant at Sellafield. In court yesterday, Mr Donal O'Donnell SC, for BNFL, told Mr Justice Finnegan pleadings in the case had "effectively closed".
He said the parties had exchanged documents and there was agreement that a date should be fixed for the hearing of BNFL's motion for directions as to how the case should proceed.
Mr Paul Callan SC, for the residents, said there were issues regarding discovery, but his side believed these would be best dealt with after the court determined the formulation of issues. Mr Justice Finnegan said the action should advance more speedily and gave directions that he receive a number of legal documents. He also listed for hearing on January 22nd and 23rd next BNFL's motion for directions. Legal sources suggested that this could lead to the action opening in March. next.
The proceedings have been taken by Ms Constance Short, Ms Mary Kavanagh, Mr Mark Dearery and Mr Ollan Herr, all residents of Co Louth. They claim the Thorp plant has severe environmental and health implications for Irish people, particularly those on the east coast, and are seeking injunctions halting its activities.
They claim they were entitled to be consulted about the proposed construction of Thorp and had a right, under EU environmental law and directives under the Euratom Treaty, to make submissions on, and to have input into, the decisions regarding Thorp.
In their proceedings against the State, the residents claim the State did not take such action as it could have to protect the personal rights of the plaintiffs against the alleged attack by BNFL on them.
The residents are seeking damages against BNFL for alleged assault, nuisance, negligence, wrongful infliction of mental distress and wrongful invasion of, or interference with, their natural environment and entitlement to enjoy that in its pristine state without invasion or contamination from the discharges caused by Thorp.
In its defence, BNFL admits that it makes radioactive discharges but denies any significant adverse impact from these. It denies that there is a significant history of accidents and malfunctions resulting from negligence at Sellafield and further denies any breaches of EU directives. The company rejects allegations of misinformation or concealment of accidents.
BNFL denies Ireland or the Irish people will not derive any advantage from the plant and rejects the claim that the health and environment of the Irish people will be exposed to damage.
In its defence, the State denies any cause of action against it and challenges the locus standi [place of standing] of the residents. It also denies such evidence exists that would compel the State to conclude that, as a result of Thorp, substantial or increasing damage to personal health or the environment or economic loss would accrue to Ireland and its people.
