BRITISH Nuclear Fuels PLC (BNFL), which operates the Sellafield nuclear plant in England, began an appeal in the Supreme Court yesterday against a High Court ruling that an action against the company can be held in the Irish courts.
A group of Dundalk people is seeking to stop BNFL operating its THORP thermal oxide reprocessing plant at Sellafield, Cumbria. They claim the THORP plant is operating in contravention of European law. Ireland and the Attorney General are also named as defendants with BNFL.
In a preliminary issue, BNFL claimed the action against it should not go ahead in this State and that allegations that it had not complied with European directives had been decided already in English courts.
Mr Justice O'Hanlon, in the High Court in March 1995, decided that the case could be heard in the Irish courts. The case has been brought by Ms Constance Short, Ms Mary Kavanagh, Mr Mark Deery and Mr Ollan Herr.
The High Court judge said the Dundalk group and other inhabitants of the east coast in the area, facing Sellafield claimed they were being subjected to hazardous emissions of noxious and poisonous materials emanating from BNFL's nuclear plant.
They claimed the implementation of the THORP project would produce an incalculable increase in detrimental effects on the health and well being of the plaintiffs and others living in the area.
The claim was also made against Ireland and the Attorney General that it was open to them to take action to protect the personal rights of the residents under the Constitution against such invasion as was being alleged against BNFL by bringing proceedings in the European Court of Justice or another international tribunal.
In its grounds of appeal, BNFL submits that the High Court judge erred in law in failing to consider its contention that the Irish courts do not have jurisdiction to review, or declare invalid, authorisations or other acts of state or government granted by the authorities of another state.
The appeal is being heard by the Chief Justice, Mr Justice Hamilton Mr Justice O'Flaherty, Mr Justice Blayney, Ms Justice Denham and Mr Justice Barrington.
The hearing continues today.