New review of Corrib pipeline project ordered on safety issues

Lorna Siggins, Marine Correspondent
March 15, 2005

Minister for Communications Noel Dempsey has ordered a new review of Shell E&P Ireland's plans for the Corrib gas pipeline in north Mayo on public safety grounds.

The development comes as a High Court hearing into the company's legal action against landowners in north Mayo was adjourned yesterday until Friday. The company is seeking an injunction against seven landowners who are opposing work on the gas pipeline route.

The seven, who own 50 per cent of the land required for the route, have expressed concern about health and safety aspects of the pipeline.

Mayo Independent TD Dr Jerry Cowley has questioned the independence of the review and has accused the Government of working "hand in glove" with the multinational in relation to the €900 million Corrib gas project.

The review requested by the Minister will be carried out by Andrew Johnston, a consultant who conducted a study of the proposed high-pressure gas pipeline in 2002, when the original application was made.

The review was ordered after the company reactivated its application for consent to install and commission phase three of the onshore pipeline last month. The Minister said that his department sought clarification and elaboration of "certain information and studies" on February 25th and officials had met representatives of Shell on March 4th. During this meeting, Shell advised the officials that it had appointed Shell Global Solutions to carry out a peer review of the qualified risk assessment (QRA) of the project.

The company has already agreed to release a "non-technical summary" of the QRA, to allay health and safety concerns.

Mr Dempsey said that Shell had agreed to submit all of these reports to the department by early April. His consultant would review the documents and report to him on all aspects of the scheme, especially public safety. He intended to publish these reports when they became available.

The original Bord Pleanála inspector's ruling on the Corrib gas field onshore terminal raised concerns about the health and safety of the high-pressure gas pipeline under the Seveso II directive. The inspector's report also said that the offshore terminal option should be examined.

However, when a revised planning application for the onshore terminal at Bellanaboy was lodged by the Corrib gas field owners, the Health and Safety Authority said that it had no remit in this area.

Dr Cowley has called for an independent assessment of the pipeline, which the Minister described as "unique both in Ireland and Europe" in its design.

© The Irish Times

Shell ultimatum to landowners over pipeline

Lorna Siggins
Marine Correspondent
Irish Times

January 24, 2005

SHELL E&P Ireland has issued a group of North Mayo landowners with a seven-day ultimatum to allow the company to lay the Corrib gas pipeline through their property.

The seven landowners,who are concerned about health and safety aspects of the high pressure pipeline, own 50 per cent of the grounds earmarked for the route linking the gas field 70 kilometres offshore with the planned terminal or refinery at Bellanaboy. The pipeline carrying untreated gas is believed to the only one of its type running so far inshore.

Ms Maura Harrington, spokeswoman for the Erris residents, described Shell's action at the weekend as "bullying tactics".

The ultimatum was issued to the property owners by post late last week, and includes a copy of certification claiming to show that Shell E&P Ireland has compulsory acquisition rights to the land, as granted by the former marine minister, Mr Frank Fahey, in May,2002.

The landowners have questioned the paperwork, claiming that the compulsory acquisition orders were issued to the former major shareholder in Corrib, Enterprise Energy Ireland (EEI), and not to Shell itself. The company says in its letter, dated January 19th, that all rights and entitlements formerly acquired by or vested in EEI Ltd now rest with it.

The company says that its pipeline project engineer, Mr Paul Gallagher, was "opposed and obstructed" and "unlawfully prevented...from surveying and pegging boundaries" on the land on January 10th and 11th. The residents say that Mr Gallagher had not sought permission to enter the lands, and have accused him of being unnecessarily provocative.

The landowners have also questioned why Shell sought to carry out work on Tuesday January 11th, the stormiest day of the year, with 97 mile per hour winds recorded at Belmullet, north Mayo. The assistance of the Garda in Belmullet was sought by both groups, respectively, on January 10th and 11th.

In the correspondence, the landowners have been asked by solicitor Eugene F Collins to give an "unconditional undertaking" to Shell E&P Ireland "in writing" within seven days of receipt. This undertaking involves agreement to "immediately cease and desist from all efforts and actions" which are "designed or intended to obstruct and/or frustrate" Shell's "efforts to exercise its lawful rights under said orders".

Otherwise, the company says it will issue proceedings in the High Court against the landowners.

Shell E&P Ireland is already in the High Court Commercial Court over the 900 million euro Corrib gas fields, as two judicial reviews of the project have been filed. The reviews have been sought by two separate parties opposed to the development, Mr Martin Harrington, brother of Ms Maura Harrington, and Mr Peter Sweetman. Agreement was set last Friday for the cases to come up next on February 21st.

Ms Maura Harrington said yesterday (sun) that Shell's threat to the landowners was counter-productive, and smacked of 19th century landlordism. She also questioned the validity of the letters to the landowners, as they had been sent by ordinary post, rather than by registered post. The company said there was no legal requirement to use registered mail.

DOING THE DIRTY -
Asbestos, gas and sludge: the north Co Mayo battleground

Irish Times
January 01, 2005

A local schoolteacher, Maura Harrington, and Monica Muller had serious concerns about the environmental impact of the onshore pipeline through Broadhaven Bay, a designated special area of conservation. The September 2002 landslides at Dooncarton Mountain, close to the pipeline route, have increased those concerns. Both women, supported by other local residents, have battled against the multinational consortium's plans.

They have been backed by SIPTU's offshore committee representative, Pádraig Campbell, who has continuously questioned the actual benefits of the find to the State, given the generous changes made by former energy minister Ray Burke to offshore exploration licensing terms back in 1987. Currently, the Bellanaboy project is on hold as two judicial reviews have been sought in the High Court, and hearings for both are due later this month.

Irish Environmental Processes (IEP), Killala: The Irish company headed by vet James Cahill plans to seek approval from Mayo County Council and the Environmental Protection Agency for asbestos recycling at the former Asahi plant, using technology which has not been tried in Europe. Opposition to it is supported by 20 doctors and a coroner.

Corrib gas, Bellanaboy: An Bord Pleanála granted approval in late October for a proposed refinery at Bellanaboy as part of the 800 million Corrib gas field project. Two judicial reviews of the decision were lodged last month with the High Court by local resident Martin Harrington and environmentalist Peter Sweetman. Mayo County Council says it will continue work on upgrading roads linking the plant in spite of the court applications.

The Harrington application refers to An Bord Pleanála's responsibilities under the European Seveso II directive on major accident hazards and dangerous substances. The Sweetman review questions the failure to order an environmental impact assessment of the entire project, including the construction of the pipeline and terminal and the transfer of some 650,000 cubic metres of peat and material from Bellanaboy to Srahmore 11 kilometres away, under an agreement with Bord na Móna.

Glancre Teo, Geesala: This company was granted an operating permit by Mayo County Council in 2001 to dry sewage sludge for fertiliser, without any planning approval. In 2002, the Erris Action Group appealed the case to An Bord Pleanála, which ruled in 2002 that it did require planning permission. Mayo County Council, which still has to decide on that approval, initiated legal action last August against the owners, demanding that all unauthorised operations cease.

Irish Times
January 12, 2005

A spokesman for Shell E&P Ireland confirmed that discussions with landowners who are still opposed to the project had been initiated by the company earlier this week, and the company had sought the assistance of the Garda in relation to protecting its personnel when it had encountered opposition.

No agreement was reached in the discussion, and the company was considering its options, he said. The majority of almost 40 landowners had given permission and been compensated for access to their lands to facilitate the pipeline, he pointed out.

A spokesman for Shell E&P Ireland said that exhaustive studies and analysis had been undertaken in relation to the best location for the Corrib gas terminal.

A thorough re-evaluation of all the development options was carried out before the second planning application, and this had supported the original development proposal of an onshore terminal and a sub-sea offshore development. This had been given Bord Pleanála's support in its approval last October, he said.

Shell may go to court as Corrib land talks falter

Irish Times
Lorna Siggins, Western Correspondent
January 15, 2005

Shell E&P Ireland may seek a court injunction to gain access to land needed for the Corrib gas pipeline after talks broke down this week with north Mayo landowners.

The firm, a major shareholder in the Corrib gas field, is understood to be examining a High Court injunction as one of the few options left to it if it wishes to proceed.

The high-pressure pipeline is intended to link the gas field 70km off the Mayo coast with the terminal or refinery which has been approved by Bord Pleanála for construction at Bellanaboy.

About seven landowners in Rossport, north Mayo, have denied Shell access, and a legal action against the firm has been filed, while almost 30 landowners have given permission.

Residents opposing the pipeline for safety reasons claim the compulsory acquisition orders issued by the Minister for the Marine apply to the former major shareholder, Enterprise Oil, rather than to Royal Dutch Shell.

Shell E&P Ireland, which took over Enterprise in 2002, says it has legal entitlement to the compulsory acquisition orders.

It has also defended its decision to seek Garda assistance earlier this week when visiting lands, and to videotape landowners.

One, Ms Monica Muller, says Shell "hid" a video-camera when she questioned why she was being filmed. She told The Irish Times that Shell representatives entered her land without permission and were deliberately provocative.

On Thursday night she received an unsolicited visit from a company representative to her house. Yesterday Ms Muller filed an official complaint with Mayo County Council about construction work and dumping at the Shell E&P Ireland construction site in Bellanaboy, which she said was outside the boundary marked on the planning application.

Supt Tony McNamara of Belmullet Garda station has confirmed that Shell and residents sought Garda assistance on two occasions earlier this week.

There was no trouble on either occasion, he said, and differences between the company and the landowners were a civil matter.

A spokesman denied Shell representatives were provocative when visiting landowners.

"While most landowners are agreeable to the use of their land, and have received compensation for the temporary loss of facilities, regrettably some landowners remain opposed to the construction of the pipeline and no agreement could be reached," the spokesman said.

The first of two High Court judicial reviews of the project has been listed for next Monday.

Shell wants Commercial Court to rule on gas field

Irish Times
Lorna Siggins, Marine Correspondent
January 17, 2005

Opponents of the Corrib gas project in north Mayo are considering an application by Shell E&P Ireland to have two judicial reviews transferred to the High Court's Commercial Court.

A Commercial Court hearing would expedite the reviews being sought by Mr Martin Harrington, a Geesala-based electrician, and by Mr Peter Sweetman, a Dublin-based planning and environmental consultant.

Mr Harrington's application has been listed for today's sitting of the High Court, while Mr Sweetman's application has been listed for January 24th.

Shell E&P Ireland informed both parties late last week that it intended to make an application this Friday to the Commercial Court. The application is being sought on the grounds that the gas project is of "considerable commercial importance" for Shell.

Solicitors for the company say it has invested over €400 million on the project so far and intends to spend a further €500 million during construction. The target date for selling gas from the Corrib field to customers is during the first half of 2007, according to the company.

Mr Harrington's review has been taken against An Bord Pleanála and the Attorney General, and focuses on the appeal board's responsibilities in relation to the Seveso II Directive on the transfer of dangerous substances. He is arguing that An Bord Pleanála failed to obtain sufficient technical advice from the Health and Safety Authority over the onshore section of the pipeline - the longest of its type in the world carrying high-pressurised untreated gas, and running close to Dooncarton mountain where landslides occurred in September 2003.

The board had essentially "set aside" the Seveso II Directive when it came to the Corrib gas field, Mr Harrington argued.

Mr Sweetman's review has been filed against An Bord Pleanála, Mayo County Council and the Environmental Protection Agency (EPA).

He is arguing that the appeals board is in breach of two directives by failing to conduct an environmental impact assessment of the entire Corrib gas project. He said no integrated assessment of the likely significant effect of the whole project has been carried out, because the project has been split into a number of parts which have been assessed separately.

Legal representatives for Mr Sweetman are expected to argue that the environmental aspects of the project outweigh its commercial significance, and may invoke a 2003 European Directive which implements the Aarhus Convention.

This allows objectors to challenge such decisions at a reasonable cost to themselves.

The same directive also argues that there must be public consultation in relation to the Seveso II Directive on the transport of dangerous substances. It is expected that both cases may be heard concurrently if they are transferred to the Commercial Court.

© The Irish Times

Irish Times
January 14, 2005

Labour MEP Mr Proinsias De Rossa said today's announcement was "a terrible indictment" of this Government's environmental record.

"Ireland has one of the worst records when it comes to respecting European environmental laws". In the five years to 2002, the Commission issued more 'first warnings' over environmental breaches by Ireland than against The Netherlands, Austria, Sweden, Finland, Luxembourg and Denmark combined - 85 versus 77.

"During this period, with just one per cent of the EU population, Ireland was responsible for 16 per cent of all first warnings while Ireland received twice as many first warnings than France, a country with over ten times our population," Mr De Rossa said.

"The Government now has three months at most to get its house in order. If not, Ireland could end up in the European Court of Justice on all of these breaches. The Environment Commission has previously said that 'Ireland's nature is stunningly beautiful'. It won't remain so under this Government," the MEP said.