Today the Irish Government published its long-awaited and welcome policy against fracked gas imports as was agreed in the 'Programme For Government 2020'.  

We strongly welcome the statement in this historic, world's-first, anti-fracked gas import policy that "the Government will work with international partners to promote the phasing out of fracking at an international level" and now want the government to move immediately to implement this new policy by agreeing to propose a resolution calling for a global ban on fracking at the United Nations.  

On April 22nd,  people in the Irish anti-fracking movement sent an official request to the Irish government asking it to table a resolution at the United Nations calling for a global ban on fracking. Over 500 groups of NGOS, scientists, academics and grassroots activists have already signed up to a petition supporting such an initiative, which states:  

“We, the undersigned, support a call for a global ban on fracking being proposed by Ireland at the United Nations General Assembly on climate-mitigation, public-health, environmental-protection and human-rights grounds”?

We believe that the official policy commitment that "the Government will work with international partners to promote the phasing out of fracking at an international level" now puts even more of an obligation and a duty on the Government to agree to pursue a global ban on fracking at the United Nations.

The policy decision stated:

"In order to implement the Programme for Government commitment that it does not support the importation of fracked gas, the Government has approved that:
• pending the outcome of the review of the security of energy supply of Ireland’s electricity and natural gas systems, it would not be appropriate for the development of any LNG terminals in Ireland to be permitted or proceeded with;
• the Government will work with like-minded European States to promote and support changes to European energy laws – in particular the upcoming revision of the European Union’s Gas Directive and Gas Regulation – in order to allow the importation of fracked gas to be restricted; and
• the Government will work with international partners to promote the phasing out of fracking at an international level within the wider context of the phasing out of fossil fuel extraction."

While we welcome the policy statement against fracked gas imports we have some very grave concerns:

Not Banning LNG terminals importing fracked gas
The policy statement accepts that "the highest risk of fracked gas being imported into Ireland on a large-scale would be via liquefied natural gas (LNG) terminals, if any were to be constructed."

However, it then states that the Department "is currently carrying out a review of the security of energy supply of Ireland’s electricity and natural gas systems" and that the "review will consider if it would be appropriate, or not, to develop LNG terminals in Ireland". 

If the policy statement is "to implement the Programme for Government commitment that it does not support the importation of fracked gas" then it is a huge contradiction to put a moratorium on LNG terminals in place only until a review is completed into whether it is appropriate to build LNG terminals which would import fracked gas "on a large scale".  That is extremely worrying and will have to be dealt with in the Climate Bill. How could  it ever be considered appropriate by the government to develop LNG terminals in Ireland importing fracked gas if the government really does not support the importation of fracked gas? Is the policy really saying that the country does not support importing fracked gas but may yet decide that it is appropriate to do so via LNG terminals which it admits would import fracked gas on a large-scale? That is a contradiction.  And the Policy statement has no Attorney General opinion on a ban on LNG terminals importing fracked gas. 

However, equally, the Draft National Marine Planning Framework approved by Cabinet on March 23rd, has a further nationally-approved policy against fracked gas imports where it states:

Stopping the Shannon LNG fracked gas import project
On March 1st, Shannon LNG confirmed to the Department for the Environment that it  it is in "pre-application consultation with An Bord Pleanala" and that it would "launch a public information event shortly, and subject to ABP's guidance, submit the application quickly thereafter".

The pre-application consultation can be seen here.

The policy statement only says "it would not be appropriate for the development of any LNG terminals in Ireland to be permitted or proceeded with" but this will not be enough to stop Shannon LNG from launching a full planning application with the status of ''overriding public interest' because the Department successfully argued in the High Court that Shannon LNG should be kept on the 4th PCI List. Shannon LNG holds the status of EU Project of Common Interest until early 2022 due to its 4th-PCI-listed status [see footnote 2]. If the written policy against fracked gas imports and LNG terminals is not acted upon immediately then the company will likely succeed in getting planning permission as it is still a project currently deemed to be in the overriding public interest.

As highlighted by us on April 14th, we therefore need the Minister for Planning to formally immediately implement today's new policy and issue the published policy against fracked gas imports and LNG terminals as guidelines to both An Bord Pleanala and all Planning Authorities under Section 28 of the Planning and Development Act, 2000 which states “The Minister may, at any time, issue guidelines to planning authorities regarding any of their functions under this Act and planning authorities shall have regard to those guidelines in the performance of their functions”. By law, these guidelines must then be laid before both Houses of the Oireachtas.

Banning Fracked Gas Imports in the Climate Bill
As a background the policy statement revealed that:

 
"the placing of a legal prohibition on the importation of fracked gas in national legislation has been considered and legal advice has been provided by the Attorney General. In the context of European Union Treaties and the laws governing the internal energy market, it is considered that a legal ban on the importation of fracked gas could not be put in place at this time".

This legal advice from the Attorney General now needs to be presented to the Climate Committee as it considers amendments to the Climate Bill, which will definitely include a legal ban on the importation of fracked gas.

In February, a Joint Statement issued by the Irish Centre for Human Rights’ Human Rights Law Clinic and local NGOs campaigning against LNG terminals, Fracking and Fracked Gas Imports into Ireland ‘Friends of the Earth’, ‘Safety Before LNG’, ‘Love Leitrim’, ‘Belcoo Frack Free’ and ‘FutureProof Clare’ called on the Government to implement a ban on the importation of fracked gas in the Climate Action and Low Carbon Development (Amendment) Bill 2020 ('Climate Bill').  The Joint Statement  called on the Government to insert into the Climate Bill a section that amends the Petroleum and Other Minerals Development Act 1960 in order to prohibit the importation or sale of fracked gas into Ireland.
 
The Joint Statement was responding to the recommendation by the Joint Committee on Climate Action in its pre-legislative scrutiny report of the Climate Bill “that the Minister address in the Bill and/or revert to the Committee with a comprehensive plan to ban the importation of fracked gas and specifically to ban LNG terminals in Ireland within the year 2021”.
 
The Joint Statement includes a legal opinion demonstrating that the proposed statutory ban is compatible with EU, EFTA and WTO trade rules. A fracked gas import ban would demonstrate a willingness to tackle the world’s largest single super emitter of methane and one of the worst contributors to climate change. It would also  demonstrate solidarity and empathy with communities in Pennsylvania, Texas, Northern Ireland, Botswana, Namibia, Colombia, Argentina and elsewhere affected by, or threatened with, the scourge of fracking.  Such a ban would set Ireland on course to become a Global Climate Leader. Ireland would be the first country in the world to ban the importation of fracked gas having already implemented a legislative ban on fracking in 2017. The global trade in LNG is being fuelled by the boom in climate-destructive fracking and both are inextricably linked.

A policy statement is now clearly not enough because it will only last for the lifetime of this government, whereas legislation in the climate bill will send a true climate-leadership message that Ireland will be the first country in the world to have a legislative ban on fracked gas imports. The Shannon LNG fracked gas import project has been on the table for over 14 years now and this project and all fracked gas import projects must be stubbed out, once and for all, to give certainty to the market, to legislators and to the public at large.

In addition the Irish Centre for Human Rights’ Human Rights Law Clinic  is about to launch a new report on May 24th on the adverse International Human Rights Implications of unconventional oil and gas extraction which will further inform the Climate Committee in its consideration of amendments to put a fracked gas import ban into the Climate Bill. This report has importantly highlighted that fracking has wide-ranging impacts on many human rights including the right to water, the right to food, the right to housing, the right to access to information, the right to public participation and the right to a safe, clean, healthy and sustainable environment, with violations of these rights having disproportionate impacts on marginalised and vulnerable communities and groups. One of the conclusions of the report states that “Fracking, through its emission of greenhouse gases and contribution to climate change and the immediate environmental, social and public health impacts it causes for surrounding communities, poses numerous threats for the enjoyment and exercise of human rights". 

In addition the door on developing LNG terminals, which is how fracked gas would entered the system on a massive scale, is still being kept open by the policy statement pending the outcome of a review.  It would seem that the Government is acting on the side of caution to the advantage of the fracking industry. These doors must be closed definitively with legislation.

 Notes to Editor:

1. Documents released under AIE Regulations:

a. Letter March 1st 2021 from New Fortress Energy to the Department for the Environment confirming that it is in "pre-application consultation with An Bord Pleanala" and that it would "launch a public information event shortly, and subject to ABP's guidance, submit the application quickly thereafter".

b. Attachement 1 to email dated March 13th, 2021 confirming "AECOM are working on behalf of Shannon LNG Limited to progress the planning application".

c.. Attachment 2 to email dated March 13th, 2021 with technical details of proposed Shannon LNG Fracked Gas import terminal (heavily redacted).

d. Internal emails on Shannon LNG application to EPA and Department of Environment.

2 As long as Shannon LNG lodges a new application before the 5th PCI list comes in to being, then it retains the status of PCI throughout the permit granting process.  The timing of when it makes the application is what is important under article 5 of the PCI regulation 347/2013,  which states:

"Projects which are no longer on the Union list shall lose all rights and obligations linked to the status of project of common interest arising from this Regulation. However, a project which is no longer on the Union list but for which an application file has been accepted for examination by the competent authority shall maintain the rights and obligations arising from Chapter III, except where the project is no longer on the list for the reasons set out in paragraph 8."

 
Article 7 of the PCI regulation 347/2013 states:

"Where such status exists in national law, projects of common interest shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes — and if national law so provides, in spatial planning — including those relating to environmental assessments, in the manner such treatment is provided for in national law applicable to the corresponding type of energy infrastructure." and

"With regard to the environmental impacts addressed in Article 6(4) of Directive 92/43/EEC and Article 4(7) of Directive 2000/60/EC, projects of common interest shall be considered as being of public interest from an energy policy perspective, and may be considered as being of overriding public interest, provided that all the conditions set out in these Directives are fulfilled".

 
Article 3 confers even more priority status for a PCI project:

"Projects of common interest included on the Union list pursuant to paragraph 4 of this Article shall become an integral part of the relevant regional investment plans under Article 12 of Regulations (EC) No 714/2009 and (EC) No 715/2009 and of the relevant national 10-year network development plans under Article 22 of Directives 2009/72/EC and 2009/73/EC and other national infrastructure plans concerned, as appropriate. Those projects shall be conferred the highest possible priority within each of those plans".

The Shannon LNG Fracked gas import terminal project had been added to the 4th PCI List by DG Energy with no sustainability assessment - a fact noted by the EU Ombudsman in its report on November 17th 2020.

.