Cork
LNG and Shannon LNG Floating Import Terminals (FSRUs) will not qualify
for Strategic Infrastructure Fast-Track Planning in Ireland.
- An Bord Pleanala has been hiding for over
one year the fact that Local councils and multiple state agencies must
process proposed floating terminals, adding years to the
planning-consent process since fast-track planning only allowed for
Onshore terminals, not offshore terminals.
- Loopholes must now be covered in any Programme for Goverment
Updated
to include Press Ombudsman's decision of October 2020 ruling that Irish
Examiner article by Anne Lucey breached the principles of Truth,
Accuracy and Distinguishing Fact and Comment.
A
controversial article published by the Irish Examiner
newspaper has
helped reveal that floating fracked gas import terminals now being
proposed by Shannnon LNG and Cork LNG will not qualify for
fast-track planning at An Bord Pleanala as Strategic Infrastructure,
but must instead be processed by local county councils and multiple
state agencies, adding years to the planning consent process.
Fast-track planning is only allowed for Onshore Terminals, not offshore
terminals called Floating Storage Regasification Units (FSRUs).
The Shannon LNG and Cork LNG projects are owned by US
fracked-gas transporters 'New Fortress Energy' and 'Next
Decade' respectively. These loopholes of approval by multiple State
Agencies, including the CRU, the Foreshore licensing process, the local
authorities and the EPA, must now be covered in the Programme for
Goverment in order to ensure that LNG terminals cannot be allowed to be
built in Ireland and slip through the net of any Programme for
Government policy statement.
The controversial article by Kerry-based journalist Anne Lucey,was found by The Press Ombudsman
in October 2020 to have breached Principle 1 (Truth and Accuracy) and
Principle 2 (Distinguishing Fact and Comment) of the Code of Practice
of the Press Council of Ireland.
The
Irish Examiner on June 1st 2020, reported that an
emergency motion proposed by Fine Gael Mayor of Tralee, Councillor Jim
Finucane, was passed by Kerry County Council unanimously, even though
the Meetings Administrator of Kerry County Council confirmed in writing
that no such motion actually took place. And further
investigations on the controversial article have revealed that any
Floating Storage Terminal will not qualify for fast-track
planning.
However, the Meetings Administrator of Kerry County Council - Padraig
Corkery - completely contradicted the claims by the Irish Examiner when
he confirmed in writing:
"I
attended the meeting on Friday May 29th,
in my role as Meetings Administrator. There was a full quorum at the
meeting.
I
can confirm that
there were no emergency motions
raised at the meeting.
In
relation to the Shannon LNG matter, Cllr Finucane raised the matter on
the floor under A.O.B. outlining that the proposed future of the
Shannon LNG project, which is currently going through the planning
process with An Bord Pleanala, be left to its own devices and should be
allowed to proceed as a planning application without interference. Cllr
Robert Beasley agreed with Cllr Finucane’s statement. There
was no formal resolution, as it was a statement from Cllr Finucane. As
a result there is no paperwork or documentation relating to
this. Once
the minutes are formally agreed at the next meeting of Kerry County
Council, they will be a matter of public record".
The
Irish Examiner also reported in the same article that the planning
application by Shannon LNG will go "directly to
An Bord Pleanala" even though the Board has not yet ruled
that this is the case. This claim inspired climate activists to investigate further.
We discovered that Shannon
LNG (now owned by New Fortress Energy) has an application a child could answer in 5 minutes sitting with An
Bord Pleanala for over one year requesting a ruling on
whether its newly-proposed US floating fracked gas import terminal (FSRU) on the
Shannon Estuary would be allowed to qualify for fast-track planning
directly with An Bord Pleanala. This status is only given to onshore
terminals and not offshore terminals which an FSRU would be. This will
add years to the planning process as planning consent will have to be
determined initially by the local Kerry County Council and then
approved by multiple State agencies, almost definitely adding years to
any development consent process. The Planning and Development
(Strategic Infrastructure) Act 2006 is very clear that only the
following type of LNG infrastructure can qualify as Strategic
Infrastructure for fast-track planning:
Upcoming
US Ban on Fracked Gas Imports to kill off LNG terminals in
Ireland
With
Government formation talks likely to agree to ending the construction
of LNG terminals in Ireland over concern for the climate and
environmental impacts and for the health impacts on affected
communities in the fracking fields of Pennsylvania and Texas, the
reveleations come at a highly-sensitive time. It also explains why Next
Decade never applied for fast-track planning for its proposed FRSU in
Cork Harbour - it knew all along that it did not qualify. Why was
nobody told in Ireland? It should not take over a year for An
Bord Pleanala to reveal that only onshore terminals qualify for
fast-track planning. Where was the transparency? The
Commission for Energy Regulation (CRU) will have to be involved, along
with the EPA and the Foreshore licensing system in conjunction with local
councils. Why is up to volunteer climate campaigners giving freely of their time in the public interest to reveal
information with such long-term consequences for Climate breakdown
instead of our own country's administration - both civic and political - along with its TV and newspaper media?
The vested interests of 'Trade over Everything' is undermining the
democratic process and the work of Government in Ireland. That is now
very clear.
But the Climate Movement has taken the fight to the vested interests.
In
a sign of growing national consensus around the issue, it was revealed
in April that almost half of the TDs elected to the Dail have signed a
pledge stating that they were "opposed to the importation of US fracked
Gas into Ireland via LNG import terminals".
Before the election, in its#Pledge4Climatecampaign
environmentalNGOS,
'Love Leitrim' , 'Friends of the Earth' and 'Safety Before LNG'
obtained support from at least 193 candidates for the General
election held on February 8th, 2020, for the pledge which stated:
"I am opposed to the
importation of US fracked Gas into Ireland via LNG import terminals. If
elected, I, as a T.D., will work to find a way in the next Dail to
prevent fracked Gas from entering the Irish energy mix via fixed or
floating LNG terminals. I am opposed to fracking in Northern Ireland
.If elected, I, as a T.D., will work constructively in the next Dail to
prevent fracking from taking place in Northern Ireland".
74
of those candidates got elected and this included all the elected T.D.s
from the Labour Party, The Social Democrats,People
Before Profit, The Green Party, Independents for Change, and Sinn Fein,along
with leading elected Fianna Fail and Fine Gael T.D.s Eamon O'Cuiv, Marc
McSharry and Frank Feighan.
"to remove any project from the proposed list of
Projects of Common Interest that could support the building of an LNG
facility in Ireland that will act as a gateway for fracked gas entering
the Irish energy mix; and − to build support in Europe to prioritise
sustainability criteria in the assessment of candidate PCI projects,
that will address fossil fuel lock in and the long-term impacts of
fracked gas in the European energy mix, given the expected change in
climatic conditions."
On
November 15th, 2019, atthe
Youth Assembly on Climate Change held in Dail Eireann,Roisin
Keegan-O'Rourkeinformed
the House that the Youth Assembly was proposing:
The
Department of Environmenthas
announceda
major review into the security and sustainability of Ireland's energy
supplybut under the outdated
presumption that gas is considered "as
the lowest CO2 emitting fossil fuel" which is pre-judging the
outcome and runs contrary to the accepted scientific testimony at the
Climate Committee meeting last year thatimporting
fracked gas from the US has a carbon-equivalent footprint 44% greater
than that of the coal of Moneypoint(without
even considering the emissions from the LNG transport itself) . This is
because the future review proposed by the Department does not consider
the most potent emissions from leaked methane upstream - the
non-territorial emissions - from fracking and is only comparing the
emissions released when coal and gas are burned. That is called gaming
the system by setting the parameters of the study to get the outcome
the Department wants and that is why political oversight of climate
assessments are necessary in order to have evidence-based decision
making in a transparent manner.
Over150
NGOS and academics have so far supported our proposed LNG
energy policy statement wording to be included in the Programme for
Government which is:
"Liquefied
Natural Gas
The
new Government is not supportive of new fossil fuel infrastructure in
the form of LNG import terminals that could facilitate the entry of
unconventional liquefied natural gas into the Irish energy mix. Such
imports may create a functional interdependence between Irish energy
consumption and global warming due to the high levels of
non-territorial methane emissions linked to the exploitation of global
shale gas resources."
This means that Shannon LNG will have no valid
planning permission after the ECJ findings are confirmed by the
European Court of Justice and the Irish High Court. It's
permission for the pipeline from Tarbert to Foynes expired after 5
years. Notes to Editor:
Letter from Kerry County Council:
From:Padraig
Corkery <[email protected]> Sent:Monday
8 June 2020 15:16 To:Safety
Before LNG SLNG <[email protected]>; FOI
<[email protected]> Subject:RE:
AIE Request on Shannon LNG comments at May 31st 2020 Kerry County
Council meeting
Mr
McElligott,
I
refer to your AIE request.
If
I might possibly speed things up it might not be necessary to make a
formal application.
I
attended the meeting on Friday May 29th,
in my role as Meetings Administrator. There was a full quorum at the
meeting.
I
can confirm that there were no emergency motions raised at the meeting.
In
relation to the Shannon LNG matter, Cllr Finucane raised the matter on
the floor under A.O.B. outlining that the proposed future of the
Shannon LNG project, which is currently going through the planning
process with An Bord Pleanala, be left to its own devices and should be
allowed to proceed as a planning application without interference. Cllr
Robert Beasley agreed with Cllr Finucane’s statement.
There
was no formal resolution, as it was a statement from Cllr Finucane. As
a result there is no paperwork or documentation relating to this.
Once
the minutes are formally agreed at the next meeting of Kerry County
Council, they will be a matter of public record.
I
hope that this is of assistance. If you still wish to continue with
your AIE request please do not hesitate to contact me.
Taoiseach
Leo Varadkar has been asked not to allow the plans for a liquefied
natural gas terminal on the Shannon Estuary in Kerry to form part of
the discussions for the programme for Government with the Greens.
It
has emerged a new planning application for what would be the first
terminal of its kind in the country is set to be submitted in September
by New Fortress Energy, the company now behind the proposal.
The
project has become a red line issue for Fine Gael in the region. The
Greens are vehemently opposed to it.
The
application will go directly to An Bord Pleanala as it meets the terms
of a piece of infrastructure of strategic importance for the country’s
energy supply.
Last
Friday Kerry County Council backed a proposal put forward by the Mayor
of Tralee Jim Finucane (FG) that the council “fully endorses and
supports the Shannon LNG project". Sinn Fein councillor Robert Beasley
seconded the emergency motion which was carried unanimously.
Mr
Finucane has also written separately to Leo Varadkar seeking
clarification.
"This
is a private project. It is not looking for State funding. It is an
infrastructural project and should not have political interference of
any kind. It should not be on the agenda for negotiations. I have asked
the Taoiseach’s office to confirm this."
He
said nobody is opposed to green energy, but added: “There has to be a
phased transition.”
As
well as ensuring continuity of supply for business and for homes, the
project has enormous potential for the supply of gas directly to towns
like Killarney and Tralee, as well as across the region.
The
terminal near a deepwater base near Tarbert is to bring in liquefied
frozen gas and convert it back into gas and will link to the national
gas pipe network at Foynes. It was originally granted planning in 2008,
after a lengthy oral hearing, but has since stalled.
As
well as the Greens, celebrities such as the singer Cher have recently
called for it to be abandoned because of the likelihood it will use gas
obtained by fracking.
Press Ombudsman decision - A Man and the Irish Examiner
Ombudsman Press Council Of Ireland Logo
THU, 08 OCT, 2020 - 16:45
The
Press Ombudsman has upheld a complaint that the Irish Examiner breached
Principle 1 (Truth and Accuracy) and Principle 2 (Distinguishing Fact
and Comment) of the Code of Practice of the Press Council of Ireland.
On 1
June 2020, the Irish Examiner published an article reporting on a
meeting of Kerry County Council which had taken place on 29 May. The
article included the claim “… Kerry County Council backed a proposal
put forward by the Mayor of Tralee Jim Finucane (FG) that the council
fully endorses and supports the Shannon LNG project’. Sinn Féin
councillor Robert Beasley seconded the emergency motion which was
carried unanimously.”
A
member of the public opposed to the development of the project (the
complainant) wrote to the editor of the Irish Examiner stating the
article was inaccurate because there was no emergency motion at the
meeting in question and therefore there could not have been any
unanimous passing of support from the Council for a motion that never
took place. He asked that the article be corrected and retracted.
As
the editor did not correct or retract the article the complainant made
a formal complaint to the Office of the Press Ombudsman claiming that
Principle 1 and Principle 2 of the Code of Practice had been breached.
The
complainant stated that the approved edited minutes of the County
Council meeting on 29 May stated under Any Other Business that “Cllr.
Jim Finucane proposed that the future of the Shannon LNG project should
not be part of any political negotiations as a new application will
come before An Bord Pleanála in September. Cllr. Robert Beasley
seconded this proposal.” He said that this proved that the statements
about which he complained were false and misleading.
The
editor responded by saying that a motion had been raised under Any
Other Business and that this was described to the reporter at the time
as an emergency motion.
The
editor said: "The motion was proposed, seconded and there were no
dissenting voices and it was reported as being carried unanimously.
While the members in the room did not vote in favour of the motion, it
is common parlance when a motion is carried and there are no dissenting
voices that something be described as 'unanimous'."
The
editor noted that the newspaper had not received any complaint from any
sitting councillor about the newspaper’s report of the matter. Whilst
defending what had been published the editor proposed putting the
following clarification in the original copy online:
The
use of the term “emergency motion” and that motion being carried
“unanimously” has been questioned by a reader with close connections to
the proposed Shannon LNG project.
The
motion was proposed by the mayor of Tralee, Jim Finucane, under “any
other business”, seconded by Cllr. Robert Beasley and carried. There
were a number of councillors who weren’t present at the meeting. We are
happy to make that clear.”
The
complainant said that the editor’s suggestion for a resolution of his
complaint was not addressing the core issues of his complaint.
As the complaint could not be resolved by conciliation it was forwarded to the Press Ombudsman for a decision.
Press Ombudsman’s Decision
The
editor acknowledged that the journalist had not been in the chamber at
the time the matter occurred and had relied on information given to her
after the meeting. This information was published in good faith.
The
practice of reporters not being present in council chambers and relying
on information being provided by councillors leads to an increased
possibility of council matters being inaccurately reported.
The editor’s proposed clarification was in my view not sufficient to address the inaccuracy published in the article.
The
complainant also claimed that Principle 2 had been breached. Principle
2 requires that “unconfirmed reports shall not be reported as if they
are fact”.
In
this instance the information supplied to the reporter by the
councillor was reported as fact rather than as the recollection of the
councillor as to what had happened during Any Other Business at the end
of the council meeting. Therefore Principle 2 was also breached.
Note:The complainant requested that the decision be reported in a manner which does not identify him.
