The European Commission today launched legal action against the British government over "unacceptable" failings in dealing with nuclear waste at Sellafield.
Plans submitted to Brussels in June to improve waste monitoring were rejected as an inadequate response to long-standing Commission complaints about breaches of EU nuclear safety rules.
After the legal step was decided at talks in Brussels, the Commission vice-president responsible for energy policy Ms Loyola de Palacio said she had a duty to protect the interests of citizens.
But she also made clear the Commission would call off the court action if forthcoming talks with the British authorities produced a clear timetable for complying with the legislation.
The dispute is over verification of the safety of spent nuclear fuel which is currently stored Pond B30 at the Sellafield site, run by British Nuclear Fuels (BNFL) in Cumbria.
The Minister for the Environment, Mr Cullen, welcomed the European Commission's action. "When the Commission gave the UK government a June 1 deadline to respond, it vindicated the Irish
Government's approach to Sellafield. Today's announcement that the UK is being brought to court reinforces our determination to ensure the safe closure of Sellafield," he said.
"I am also disappointed that, yet again, the UK is resisting the bringing of openness to the operations at Sellafield. It shows the UK's reluctance to change without been subjected to determined legal, political and diplomatic action. This attitude only adds to the mistrust of all operations at Sellafield," the minister added.
"It is unacceptable that the UK has not assuaged European Commission concerns regarding the plutonium held at Sellafield and I will be asking the Attorney General what action we can take to support the Commission's case in court.
"The issue of access to information at Sellafield has been central to Ireland's two legal challenges to the UN Court of Arbitration. Today's decision is further evidence that the UK government is struggling to cope with the legacy of 50 years of nuclear power."
Hiowever, the Green Party leader, Mr Trevor Sargent, criticised the Commission for its delay in bringing the action. He said it was "decades overdue".
"Although today's decision is welcome the B30 problem has been known about for decades," he said. "The fact that the Commission acted only now rather than a decade ago illustrates the low priority it puts on health, safety and the environment.
"It is much more likely that the EU Commission is using the B30 case to politically undermine the UK's resistance to its already very weak nuclear package."
Fine Gael MEP, Ms Avril Doyle Avril Doyle said the Commission's move was "a long time coming".
"At last the EU Commission has accepted the concern voiced by the Irish people and others in relation to the hazardous irradiated fuel storage area," she said. She said British Nuclear Fuels had failed to grant proper access to EU inspectors with the most recent incident occurring last June. "It is now high time to back up censure with legal action," she added.
Sinn Fein MEP, Ms Mary Lou McDonald also welcomed the decision. She described the legal action as "a small victory for those who oppose the unsafe nuclear cesspit at Sellafield" and said it should provide the "catalyst for the permanent closure of the plant".
The British have acknowledged the problems of accounting precisely for the waste, but are annoyed the Commission is pursuing BNFL using rules aimed at ensuring waste does not get into the wrong hands.
The Commission accepts the waste is secure but is concerned it cannot verify its state.
The Department of Trade and Industry said the issues involved in the Sellafield dispute with the Commission were not connected to safety or environment-related controls.
Additional reporting PA