October 2013

Mayo resident wins judicial review, EPA says it will not challenge outcome

Shell has lost its licence to operate the controversial Bellinaboy gas terminal in Co Mayo.

The Environmental Protection Agency issued a licence to Shell in June, which included amendements to the original 2007 agreement.

However, the Commercial Court has rescinded the licence because of defects in carrying out an Environmental Impact Assessment.

Martin Harrington of Doohama, Ballina in Co Mayo had sought to have the licence quashed through a judicial review.

Shell E&P Ireland Ltd (SEPIL) has played down the significance of yesterday’s Commercial Court decision quashing an emissions licence for the Corrib gas terminal, but the ruling is a setback for the €3 billion project.

Were the project not at least nine years behind schedule, the setback would be far more significant.

However, the lead developer has already conceded that it could be early 2015 before gas is flowing commercially from the field - and that was before last month’s (sept) fatality during work on the final stages, when a German sub-contractor, Lars Wagner (26), lost his life.

Work remains suspended on tunnelling this final section of pipeline route under Sruwadaccon estuary - a special area of conservation (SAC) - which links the landfall for gas at Glengad to the terminal already built at Ballinaboy. A Health and Safety Authority (HSA) investigation has been in train since the fatal incident involving a valve on the tunnel boring machine.

The Supreme Court has over the past year or so greatly clarified and expanded the principles underpinning judicial review. This is evident in three areas: the duty to give reasons; the right to an oral hearing; and the scope in which a perceived wrong decision can be challenged.

OSSL says that Garda Superintendent Thomas Murphy confirmed to them earlier today that he has completed his investigation of their allegations and that his findings are being referred to the Garda Síochána Ombudsman Commission.

There is some related speculation, based on claimed information from a Corrib gas project insider source, that Supt Murphy has found evidence that OSSL allegations are factually based and will be passing this on to the GSOC.

There is a health warning attached as the source is not known to us.