Two issues are joined in the Government's decision to support a Fine Gael motion in favour of funding the legal action taken by a group of Co Louth residents in their campaign to have the Sellafield nuclear reprocessing plant closed. The first concerns political opportunism and tactics, the second the substantive issue of how best to contest the British government's determination to keep the plant open. They were joined together by Fianna Fail's decision last April that it would "fully fund" the legal case taken by the residents, a commitment with which they fought the election. After three months in office the residents and their lawyer were becoming understandably impatient that it was not being met, despite assurances that detailed work was being done on the dossier by the Fianna Fail-Progressive Democrat government. On October 1st, the Minister of State for Public Enterprise, Mr Joe Jacob, announced in the Dail that the case would be funded. He would also "explore with the residents how relevant Government Departments and the Radiological Protection Institute can help with expert advice". However when he met the resident group some days later, it transpired that he had a much more limited commitment in mind: to provide a grant of £200,000 towards research work on condition that they withdraw their case against the State as co-defendant in their action against British Nuclear Fuels Limited. There would be no contribution towards legal expenses.
The residents, a determined and experienced group of activists, described the offer as "totally inadequate" and "quite disgraceful". Political supporters pointed out that on the basis of the undertakings made by Fianna Fail, the residents had gone ahead to incur legal fees. In these circumstances it was not surprising that the issue should have become so active among the Coalition's Independent supporters in the Dail. Pressed home by Ms Mildred Fox, the Wicklow TD, it caused the Government to execute a classical U-turn by supporting the Fine Gael motion which calls for support for the legal case as well as research, for fear of losing its majority.
It was not clear last night precisely how far the Government is prepared to go in that direction. The residents group has now identified rather more precisely what kind of research it envisages and the staffing required. The Government can ensure it is carried out effectively with the aid of State research facilities, despite the advice from experts that it is unlikely to come up with scientific proof capable of standing up in a court of law. As for legal costs, the Government is simply hoist by its own petard, despite the advice from civil servants that this could be an expensive and open-ended commitment with little likelihood of success. Mr Dermot Ahern taunted the Opposition parties last night with their record in office when he said they accepted this case.
The Fine Gael motion does not contain such an open commitment, however. There should be room to compromise on costs in return for some kind of joint control over the case. But the residents' group is understandably suspicious of an overbearing State involvement after its experiences so far. The group is to be commended for its perseverance and dedication to the objective of closing down the Sellafield plant by way of a legal route.