"Ireland only taxes the profits of such enterprises [petroleum exploration and production]. There is no per unit tax or levy as in other countries and Ireland's tax rate is relatively low. The State also does not take an ownership stake in the field or demand royalties. Thus on this basis, Ireland's tax regime is generous in comparison to that of other countries. "
Shell deny breaching court order on commonage
A PROJECT director with Shell E and P Ireland Ltd has told a court that the company purchased a share of the Rossport commonage because it would be ‘nigh-on-impossible’ to notify all shareholders before entering the commonage.
Mr Gerry Costello, Shell’s Deputy Project Director, was speaking at last week’s sitting of Ballinrobe District Court which was hearing a civil action case brought by Monica Muller of Rossport South against Shell E and P Ireland Ltd after she claimed they breached a court order.
The case had been part heard in Achill District Court in May where Ms Muller brought an order for committal against the company stating they had breached a court order on four separate occasions under the provisions of section 26 of the Gas Act which stated they must give notice to all shareholders before entering commonage at Rossport. The order was granted at Belmullet District Court in November, 2007.
Ms Muller, who is one of 62 shareholders of the Rossport Commonage said she did not receive any letter to state the company intended to enter the lands. She claimed on July 15 last, she met three consultants working for Shell and informed them there was a court order in place. On July 23, she received a call from a neighbour saying there were people on the commonage and again informed the three of the court order. One of the men said they were there under the instruction of Shell E&P Ireland, and RPS. She said this meeting was not as pleasant as the first. On August 22, she again observed three people with steel probing rods which establish the depth of soil.
Ms Muller agreed she had received a letter on July 16 from solicitors for Shell stating they had acquired a share of commonage and that they had fully complied with the order. She said she welcomed Shell as shareholders but they had to abide by the same framework plan as everyone else.
Mr John Gordon, solicitor for Shell E&P Ireland Ltd said he had been instructed no-one went on the land other than to put up notices under section 26 of the Gas Act. The case was adjourned to Ballinrobe District Court to allow witnesses to give evidence to this effect.
Under questioning from Ms Mairead Casey, solicitor for Ms Muller, Mr Costello said the company had decided to purchase a share of the commonage rather than give notice to all shareholders. The matter was referred to Mr Gordon, who after some consultation told the court that 50 per cent of the 62 commonage holders were deceased and to notify everyone would be ‘nigh-on impossible’, so the decision was taken to buy a share of the land.
Mr Costello told the court that to his knowledge nobody had entered the commonage to carry out surveys after July 15 2008.
Mr Mark Walsh, a environmental engineer with RPS, a consultant engineering company said RPS were hired by Shell to conduct surveys and compile an Environmental Impact Statement (EIS). Judge Mary Devins queried as to why so many experts were involved in the EIS and who was in charge of them. Mr Walsh told the court that none of these experts in various fields could have gone out on the Rossport Commonage without his knowledge. However, this failed to convince the Judge. “It seems to me that nobody knows what’s going on out there,” Judge Devins said.
The case was adjourned until July 22 in order to allow the solicitors involved to exchange written submissions.
