High Court rules UK government decision on new nuclear build "seriously flawed"

Friday, February 16, 2007

Environmental group Greenpeace has won its High Court case against the UK government's plans for a new generation of nuclear power stations that were announced in the Energy Review last July.

The group had alleged that the plans for nuclear power - seen as essential by the government in order to reduce reliance on overseas energy and cut carbon emissions - was "legally flawed" and that the government had not undertaken the "fullest public consultation" before making the decision.

Thursday's (15 Feb 2007) ruling from the Royal Courts of Justice now throws the results of the Energy Review wide open. Greenpeace has indicated that the government may now have to go back to the drawing board on plans for the UK's future generating mix after the judge granted a "quashing order" on the Energy Review.

Making his ruling, Justice Jeremy Sullivan said of the Energy Review, "Something has gone clearly and radically wrong," adding that the document was lacking in real proposals and was more of an "issues paper". He continued that the information given to consultees to the Review was "wholly insufficient for them to make an intelligent response," and that information on nuclear waste in particular was "not merely inadequate but also misleading."

When the Energy Review was announced in late 2005, pro-nuclear statements from the Prime Minister, Tony Blair, and then-Energy Minister, Malcolm Wicks, were indicative of the review being a means by which to formally approve plans on new nuclear build on which the government had already made up its mind.

At the time the Energy Review was published in July 2006, EIC's head of energy markets research, Dr. Craig Lowrey, commented of the document, "Actual policy decisions are thin on the ground. Unfortunately, this is symptomatic of other elements of the Energy Review, which in places reads more like a wish list or a pattern of scenarios rather than actual policy measures."

Presenting evidence at the inquiry, Trade and Industry Secretary Alistair Darling, said that the Energy Review was only part of an ongoing process that would ensure full consultation. In its response to the ruling, the Department of Trade and Industry said in a statement, "This judgement is about the process of consultation, not the principle of nuclear power. We will of course consult further."

It added, "Tackling climate change takes leadership, taking on tough long-term choices. This is why we continue to believe nuclear power has a role to play in cutting emissions and helping to give this country the energy security it needs. This is why we will press on with publication of the Energy White Paper and why we are confident in the strength of our arguments to engage in further consultation."

Speaking for the Conservatives, Shadow Trade and Industry Secretary, Alan Duncan, said, "This is an astonishing ruling. What it really says is that the Government has been shown up as fundamentally deceitful." He added, "Behind their headlines saying they would consult widely on this important decision, they had no intention of doing so. In a typically deceitful way they said one thing and did another. Now they have been shown up in court for having done so."

The onus is now on the UK government to ensure that clarity and certainty is given to those companies seeking to invest in new power stations, whatever their fuel source. If not, there is a danger that the country's future supply-demand balance will be threatened, with adverse consequences for prices and industrial customers.

Courtesy of EIC News
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