Ireland and the UK have each claimed victory in the latest round of their long-running legal battle over the Sellafield nuclear reprocessing plant in Cumbria.
The British Energy Minister, Mr Stephen Timms, said yesterday a UN tribunal had "comprehensively rejected" Ireland's request for measures that would have significantly curtailed operations at Sellafield.
The Irish Minister for the Environment, Mr Cullen, had earlier claimed that Ireland had won significant concessions in the latest ruling by the UN Permanent Court of Arbitration in The Hague. He described as "an important new development" a recommendation that the two countries establish arrangements on exchanging information on nuclear safety.
However, the tribunal's order is based on a previous recommendation issued two years ago. Further, the tribunal noted in its decision that the UK had already offered to review with Ireland the system of notification and co-operation on nuclear safety matters.
The recommendation was one of a number of "provisional measures" sought by the Government at the tribunal. These would apply before a full hearing on Ireland's case against Sellafield is held. This has been adjourned until the end of the year.
The tribunal firmly rejected an Irish demand for an end to radioactive discharges from the Mixed Oxide (MOX) plant at Sellafield. Ireland had not established that the MOX plant was causing "serious" harm to the marine environment in the Irish Sea.
It noted that the Attorney General, Mr Rory Brady, had told the tribunal that the level of discharges from the MOX plant were "not of a significant magnitude". It was not satisfied that there was "an urgent and serious risk of irreparable harm" to Ireland's rights that would justify measures against the MOX plant.
The tribunal also pointed out that co-operation and consultation between the two governments had increased since 2001, but said this may not always have been as "timely or effective" as it could have been.
Mr Timms said the time had come for both governments to start working together.
"Ireland's requests for provisional measures went far beyond protection of any rights Ireland may have in respect of this case, and the tribunal has rightly rejected them.
"Even on Ireland's own evidence, there is no scientific basis to the accusations Ireland has made about pollution, and no justification for taking such extraordinary legal action.
"We want to work constructively with Ireland on Sellafield. If there have been failures or misunderstandings in the past, let us correct them. We share the objectives of ensuring that facilities at Sellafield are managed safely, effectively and with due regard for the environment."
The Green Party leader, Mr Trevor Sargent, dismissed the recommendation as "insignificant" for Ireland, and called on the Government to focus instead on ending the role of the EU constitution in the promotion of the nuclear industry.
Mr Cullen said the latest ruling from the UN tribunal was "far from being the final part of this case".
"When we return to the full hearing of this matter in a few months' time, Ireland will continue to make the case that these operations at Sellafield constitute an unacceptable risk. We are confident that our case in the main action will be upheld."
The tribunal ordered both parties to report back by next September on the co-operation achieved. The issue of costs was reserved until the substantive issue is decided.
