Almost three months after a ministerial direction was issued, Shell E&P Ireland has begun dismantling the illegally welded section of onshore pipeline in north Mayo.
However, there was a questionmark over continuation of the "de-welding work" last night, as Minister for the Marine Noel Dempsey was accused by opponents of the gas pipeline of rowing back on his own order.
The Minister's confirmation yesterday that he intended to meet Shell later this week to discuss a proposal to defer further dismantling work was criticised by Mayo TD Dr Jerry Cowley and the Shell to Sea campaign.
Mediation talks involving the recently-released five Rossport men and Shell could not go ahead if the Minister did not ensure the dismantling order was complied with, Dr Mark Garavan, spokesman for the five men and the Shell to Sea campaign said.
The proposal, to defer dismantling work until the new safety review of the pipeline is published, and to charge Shell a minimum of €250,000, was submitted on Monday to the Minister by the Pro-Erris Gas Group. The group secured the backing on Monday evening of the Council for the West.
Shell said it was an "interesting" idea, but one for the Minister.
However, Dr Jerry Cowley (Ind) called on the Minister to clarify his position on the proposal immediately, given that it had already taken Shell 79 days to comply with what the Minister had described in late July as a "serious breach" of consents.
Dr Mark Garavan said the whole credibility of the Minister and his department was at stake in relation to ensuring that its own order to Shell of July 31st last was complied with.
"Shell has already accused us of trying to delay dismantling work, which is not true, and then it said after the men's release that environmental works were the priority before dismantling. So we need to know what is really going on here," Dr Garavan said.
The proposal to charge a levy or fine was also "pathetic", Dr Garavan said, as Shell should be investing in the community in north Mayo, irrespective of the illegally welded pipeline.
Shell said yesterday that it would be presenting a sworn affidavit to the High Court today by order of the High Court president Mr Justice Finnegan.
Mr Justice Finnegan told counsel for Shell on September 30th, when the five men were released, that he wanted the company to address its breach of an undertaking not to do anything not permitted by the licence of the Minister for the Marine.
That included continuing construction of the Corrib pipeline in breach of both the undertaking and the Minister's licence, Mr Justice Finnegan said.
The company said it was confident it would be able to explain its position. The five men are also due back in court next week over possible punishment for their contempt of court.