Shell link to 'independent' consultants for gas pipeline

Lorna Siggins, Marine Correspondent
The Irish Times
28/05/2005

"Independent" consultants hired by Minister for the Marine Noel Dempsey to review the safety of the Corrib gas onshore pipeline are part-owned by the project's major shareholder, Shell.

British Pipeline Agency (BPA) Ltd is jointly-owned by BP and Shell UK, and was commissioned earlier this year by the Minister to conduct an "independent" evaluation of the high-pressure onshore pipeline which will transport gas from the Corrib gas field off the Mayo coast to the proposed terminal at Bellanaboy.

The high-pressure pipeline has already been the subject of unsuccessful court challenges by several north Mayo landowners who hold safety concerns, and is outside the remit of the Health and Safety Authority.

Shell E&P Ireland Ltd (SEPIL) told The Irish Times last night that it informed the Minister's department this week of a potential conflict of interest, as soon as it became aware that it held an equity stake in the British-based engineering consultancy firm.

Shell said it became aware of the identity of the consultants on May 10th, when it was asked to respond to some technical questions.

"At that point, it was neither necessary nor appropriate for SEPIL to question the qualifications of the contracted consultants as management of the review was solely a matter for the department."

Information on BPA published on the internet states that the company was founded in 1969 as a joint venture between BP Oil UK and Shell UK.

The Minister appointed the consultants after Shell reactivated its application for consent to install and commission the high-pressure pipeline in February 2005.

Speaking in the Dáil on March 10th, 2005, the Minister said he intended to appoint a consultant to review a quantified risk assessment of the pipeline (already carried out by the Corrib gas field's former owners, Enterprise Energy Ireland).

Earlier this week the Minister confirmed that he was publishing the documentation and making it available to the public in several Garda stations in Mayo.

It was expected that he would give consent to install and commission the pipeline, prompting Mayo Independent TD Jerry Cowley, who has questioned the independence of the risk audits, to appeal to him to defer his decision.

In a statement last night the Minister's department said that BPA, which is based in Hemel Hempstead, was appointed by tender and did not raise the issue of any potential conflict of interest.

However, the Minister had instructed officials to order a further review of the quantified risk assessment immediately.

© The Irish Times

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Long walk for landowners in Rossport row

by Marian Harrison
Western People

Thursday, April 07, 2005

The landowners opposed to the gas line were supported in their fight against Shell when up to 300 people joined them in a peaceful walk through the village of Rossport on Good Friday.

"The majority of the people were from the Parish itself but there were people for the remainder of Erris as well. It all meant a lot to the landowners," said Maura Harrington, one of the chief protestors to the Corrib gas line.

The group set out from the Corduff residence before walking three miles along the proposed path for the gas line. "Good Friday is a day of suffering and passion and these people in Rossport are going through their own prosecution," noted Ms Harrington.

Sr Majella McCarron joined the people of Rossport. The Fermanagh nun spent 30 years in Nigeria before establishing Ogoni Solidarity Ireland, an awareness campaign in reaction to the hanging of Ken Saro-Wiwa, who founded the movement against Shell and protested against the devastation of farming and fishing in his homeland.

Ms Harrington pointed out that the Rossport walk marked the 10th anniversary of the first public awareness walk for Kensaro-Wiwa in Nigeria before noting that there is “a common denominator” in the Rossport situation and that of Ken Saro-Wiwa.

"He was involved in a peaceful protest in Nigeria and he started the movement against Shell and what had been done in his homeland. There are a number of parallels in his story with the landowners in Rossport including the love for family and land."

Crosses from the Holy land were distributed to the farmers, who left them along the route of the proposed gas line.

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Judge restrains residents in pipeline dispute

by via unison.ie
IndyMedia Ireland
Tuesday, Apr 5 2005, 10:46am

A GROUP of six people were restrained by High Court orders yesterday from interfering with Shell E and P Ireland Ltd laying a gas pipeline across their lands from the Corrib gas field.

The interlocutory injunctions will continue until the hearing of the action brought by Shell against the six or until further order of the court.

The company claims the €900m project 65-miles off the Co Mayo coast is intended to be commissioned in October 2007 and it is envisaged that in full production it will provide 60pc of the country's gas requirements.

The company claims there are about 30 landowners along the nine kilometre route and all but seven had consented to the work being carried out. The other 23 have been compensated.

The restraining orders are against Philip McGrath, James B Philbin, Willie Corduff, Monica Muller and Brid McGarry of Rossport South, Ballina, and Peter Sweetman, Grosvenor Road, Rathmines, Dublin, who was stated to be an occupier of Ms Muller's property.

On the question of the balance of convenience he said if the company was not granted the injunctions its work would be delayed for one year. He also had to take into account the national interest outlined to the court and which concerned the economic interests of the State as a whole.

He gave the six defendants liberty to apply to the court.

Paul Muldowney

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Walking all over our rights

Fintan O'Toole
The Irish Times

March 22, 2005

Few notions generate as much hypocrisy and cant as that of private property. And seldom has the double standard that surrounds it been clearer than in the last week.

Two events related to opposite sides of the country have caused the miasma of hypocrisy to lift for a moment, revealing the way power and vested interests influence the interpretation of what seems to be a basic principle of Irish society. In both cases, farmers are trying to keep people off their land. In one, the farmers in question are being treated as obstructive troglodytes standing in the way of economic progress. Yet in the other, they are the salt of the earth, standing up for their rights.

The first case concerns a major transnational corporation, Shell. It went to the High Court last week seeking orders against five landowners in Rossport, Co Mayo. The farmers in question have been refusing to allow access to their land for the construction of a pipeline as part of the Corrib Gas Field project. The Department of the Marine had made compulsory purchase orders to enable the pipeline to be laid on their lands. The farmers, however, believe that the pipeline will be unsafe, and they also point out that the compulsory purchase orders were granted, not to Shell, but to Enterprise Oil, which was subsequently acquired by Shell.

Shell has a potential fortune on its hands. The Corrib field, which is about 80 km off the Mayo coast, has been around for 237 million years, and belongs, as a natural resource, to the Irish people. But because of an extraordinary deal done by Ray Burke as minister for energy in the 1980s, Shell can exploit this resource without paying a cent in royalties to the State. It will pay tax at a very generous rate (25 per cent) and the State, in turn, has cleared the way for the transfer of this public wealth into private hands. The costs will be borne by the people, and the environment, of north-west Mayo. Having initially had its plans turned down by An Bord Pleanála, Shell was last year given the go-ahead for two huge developments: a terminal at Bellanaboy and a site at Srahmore, where 450,000 cubic centimetres of peat from the terminal site will be dumped.

These developments are happening because they suit Shell. There are other ways to exploit the gas field, such as processing the gas offshore. There is also a good case for simply leaving the field intact as a resource for future generations. Instead, a particularly beautiful and sensitive landscape is to be carved up. The terminal at Bellanaboy is next to natural features that are recognised as being of special importance: the Carrowmore Lake complex and Glenamoy Bog, which have been listed as Special Areas of Conservation (SAC) ; and Pollatomish Bog and Broadhaven Bay which are proposed National Heritage Areas. This is also a dangerously unstable landscape, as last winter's dramatic bog slide at Pollatomish has shown. But the maximisation of private profit trumps all these cards, including, ironically, that of the property rights of the Mayo farmers.

Contrast this, then, with the removal by Wicklow County Council last week of 33 public access routes from its draft development plan. They include a number of pathways around Glendalough and even parts of the Wicklow Way, the most popular walking route in Ireland. They have been deleted from the development plan, pending the deliberations of a committee that is looking at the general issue of access in the county, and some of them may eventually be restored. But in removing them, the council has essentially accepted that public access is not a right, but a privilege to be negotiated. Yet the State, which is happy to set aside the rights of landowners for Shell in Mayo, seems to have no interest in recognising any modification of those same rights in Wicklow.

It may be argued that there is a big difference between the Mayo and Wicklow cases, in that the first involves economic development and the second doesn't. But this is a fallacy. Even leaving aside all of the issues of principle, walking routes are a huge national resource. Walking tourism is the biggest engine of growth in what is our largest indigenous industry. Other countries recognise this and put significant public resources into its development. A report in Scotland in 1998 estimated that walking and mountaineering were worth around €500 million to the economy and sustained 13,350 jobs. In Wales, walking is responsible for 3,000 jobs. In England, it generates at least €2 billion in revenue and supports around 200,000 jobs. Ireland has the potential to match these figures, but has instead experienced a decline in walking tourism because a narrow and negative approach to access has scared tourists away.

What, then, is the real difference between the Mayo and Wicklow cases? Why are pipelines good and walkers bad? The answer is obvious enough. Shell can sweep aside both the collective property rights of the Irish people and the individual rights of farmers in Mayo because it is immensely wealthy and immensely powerful. (It made a profit of £9.3 billion sterling last year, or £1 million an hour.) And we are now so mesmerised by corporate power that the State can think of nothing to do about it except fall down and adore it.

© The Irish Times

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Shell seeks stop to gas pipeline protests

The Irish Times
March 19, 2005

An application by a Shell company for orders restraining five Co Mayo people from interfering with the construction of a gas pipeline from the Corrib gas field across their lands has opened before the president of the High Court.

A similar order is also sought against an environmentalist, Peter Sweetman.

Patrick Hanratty SC, for Shell E&P Ireland Ltd, said the €900 million development of the Corrib gas field was intended for commissioning in October 2007.

The Minister for the Marine had made compulsory purchase orders to enable the pipeline to be constructed overland.

However, the defendants had obstructed the attempts of oil company workers to enter the defendants' lands to begin work.

Counsel said about 30 landowners were affected and all but seven had consented to the work.

Those who agreed had been paid compensation, in agreement with the Irish Farmers' Association. Seven had not consented.

Six had physically obstructed attempts by oil company personnel to embark on work. The defendants had committed technical assaults and made threats.

The proceedings by Shell are against Philip McGrath, James B. Philbin, Willie Corduff, Monica Muller, Bríd McGarry - all of Rossport South, Ballina - and Mr Sweetman, of Grosvenor Road, Rathmines, Dublin, and stated to be an occupier of Ms. Muller's property.

Mr. Hanratty said the application was urgent because work was to begin in April. The hearing was adjourned until Wednesday.

© The Irish Times

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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

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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.

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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.

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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.

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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.

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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

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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.

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