Answering the questions on Why we are happy with the Programme for Government on fracked gas imports and convinced that it is a game changer that gives us the means to stop Shannon LNG and Cork LNG.

Q1. What is the big deal about reducing worldwide methane emissions?

A1. It is about reducing global warming by half a degree celsius to stop it going over the 2 degree tipping point:

• The focus of climate change mitigation actions (as opposed to Climate Adaptation) is to reduce the greenhouse gas (GHG) emissions which are driving climate change.
• On Climate Mitigation grounds, European Fracked gas LNG import infrastructure cannot reasonably be expanded at Shannon, Cork and elsewhere throughout Europe because scientific evidence has found that purposeful and leaked/fugitive methane emissions from fracked gas is accelerating global warming with fracked gas imports having a carbon equivalent footprint 44% greater than coal over the full life cycle.
• Amazingly, however, unlike the case for carbon dioxide, the Climate System responds quickly to a reduction in methane emissions and could provide the opportunity to immediately slow the rate of global warming by around half a degree celsius

• Because methane, with a half-life in the atmosphere of 12 years is faster acting than carbon dioxide, it means that an effective reduction in methane emissions in the short term would buy us some desperately needed time to do a complete reconstruction of our energy system. Methane reductions are critical and the Science is now clear that we will not reach our Paris Accord target of keeping the planet well below 2 degrees Celsius above the pre-industrial baseline with CO2 reductions alone.
• Given that the latest peer-reviewed scientific studies have found that one third of the total increased methane emissions from all sources globally over the past decade is coming from US fracked gas (shale gas) it is now clear that intense US pressure to find new overseas markets for its Methane from fracking - such as in The Trade Deal between the US and Europe in July 2018 which agreed an Energy Plan for Europe to build more terminals to import LNG from the US on a massive scale   - is no longer sustainable because the US is putting Trade before Climate.

Q2. Why is it so important to get wording into the Programme for Government?

A2. 

• Laws are made by politicians. We need political buy-in to be able to make those laws. The Programme for Government policy on fracked gas is important because it clearly outlines the clear consensus of the political will of the future government to keep fracked gas out of the Irish Energy mix.
• Government Policy has to be taken on board in planning decisions, development plans and policies throughout both government departments and the civil service, so policy is extremely important e.g. the Department of Transport owns the Port of Cork where the Cork LNG terminal is proposed. 
• We are now on the verge of becoming the first country in the world to ban the importation of fracked gas through written policy. That is true global climate leadership and a measure that will protect affected communities in America and  a policy statment such as the one in this proposed Programme for Government gives a clear signal to the markets of the Government's intentions. 
• An unequival government policy will also allow us to further embed the fracking ban policy beyond the lifetime of the next government by bringing forward legislation to ban the imporation of fracked gas where, with the help of the Human Rights Clinic at NUI Galway we already have a bill ready with legal opinion that such a ban is fully compatible with EU and International (WTO/GATT) Trade Rules.
• Shannon LNG was supported in the previous Programme for Government. This support for a specific project had therefore to be overturned in this Programme for Government. We have that now. 

Q3. Will it stop Shannon LNG and Cork LNG?

A3.  Yes.

• Shannon LNG and Cork LNG (Innisfree LNG) are both fracked gas import terminals
• The Programme for Government clearly states “We do not support the importation of fracked gas” going on to state “As Ireland moves towards carbon neutrality, we do not believe that it makes sense to develop LNG gas import terminals importing fracked gas, accordingly we shall withdraw the Shannon LNG terminal from the EU Projects of Common Interest  list in 2021.” The statement is “gas import terminals” in the plural, meaning more than one terminal, therefore the PfG would be assumed to include Cork. So it is clear that fracked gas import terminals , which Cork and Shannon clearly are, cannot proceed in order to conform to this written policy against fracked gas import terminals.
• Fianna Fail spokesperson on Finance, Michael McGrath, clarified to RTE on June 18th  that Shannon LNG's new planning application for a fracked gas import terminal would have to have regard to the new Government Policy against fracked gas imports in the Programme For Government. He was clear that he did not leave any door open to Shannon LNG going ahead in the future. He fully stood over the Programme for Government which he said has major implications for the Shannon LNG project. He understood that this would be a difficult issue for the Fianna Fail representatives locally, but said that we have to tell the truth adding that he did not shirk from that the previous night in a zoom call with members to brief colleagues in the Kerry Constituency.
• Fine Gael Deputy Leader, Tanaiste Simon Coveney stated on June 20th  that Shannon LNG was largely for fracked gas. He said:

• Shannon LNG is about to lose its planning permission from the European Court of Justice and have its planning declared invalid. It will have to reapply for planning with the policy in place against the Importation of Fracked gas and a policy of taking it off the PCI List 

Q4. What about not taking it off the PCI List until 2021 - what’s that all about?

A4

• PCI accreditation from the European Commission is an extremely powerful initial development consent tool for gas projects such as the proposed Shannon LNG US fracked gas import terminal because it sets the framework for future development consent within the Member States. Article 7 of the  PCI Regulation states that "projects of common interest shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes". The Regulation goes on to state that "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 13 obliges the Member State to ensure incentives are put in place “to ensure the timely implementation of projects of common interest”. And Article 3(6) obliges PCI Projects to be conferred the “highest possible priority” within the National Ten-year network development plan. 
• As PCI Status gives it the status of overriding public interest, it means when it goes for planning, the Shannon LNG project could do as much damage as it liked to the Special Area of Conservation  (SAC) - The Lower Shannon Estuary  - and still get planning. Projects can only be allowed to construct on an SAC area  where they cannot mitigate the damage they would do only if they have the status of overriding public interest. As European Energy Commissioner Kadri Simson admitted in March, the PCI Regulation “gives an explicit priority to energy policy over environmental policy”. This status will be removed for the new 5th PCI list in 2021 and that levels the playing field
• Shannon LNG is on the current PCI List, however its addition to this list by Ireland without any assessment of the Climate impacts has been appealed in another case to  the High Court, where a referral to the European Court of Justice has been requested on the matter. This case is of extreme importance because the ECJ’s opinion will be effectively giving a judgement on all the fossil gas projects added to the PCI List by DG Energy 32 unnecessary projects estimated at costing around €29 billion with access to up to 50% of funding from public moneys in the European Union and Member States. One simple explanation for adding the 2021 wording in the PfG could be that to do otherwise may be accepting that it was wrong in the current court case and that may have legal implications.
• The Cork LNG project is not on the PCI list so does not have the same overriding public interest status as Shannon LNG and since it has not applied for any permits or planning permission, to our knowledge, the new government policy against fracked gas imports will apply. The Departments of Transport and Finance own the Port of Cork and so can give Cork Port instruction to following Government policy or we can enforce it in the Courts
• Article 172 TFEU and Article 3 of PCI Regulation 347/2013 both require Member State approval for proposed PCI projects. What can be given can be removed. Whereas PCI status makes Shannon LNG a European Energy project, once the PCI status is removed  Article 194 TFEU allows each Member State to determine "its choice between different energy sources". To use an expression from elsewhere, removal from the PCI list means Ireland takes back control of the Shannon LNG fracked gas energy source and can then determine "its choice between different energy sources" freely and with no legal impediment. The declaration of an intention to remove the project from the PCI at the next  opportunity will already have the immediate effect of rendering the Shannon LNG a zombie project on the PCI llist as far as DG Energy is concerned. 

Q5. What about the idea of building a massive data centre next to the proposed Shannon LNG terminal? Does that not change the dynamic?

A5.  This just opens a completely new can of worms for  New Fortress Energy  as it attempts to justify its lock in to the Irish energy mix

• This undermines the whole argument that the LNG terminal would bring security of supply to Ireland, if the company thinks it can be its own customer. A situation where you have a US-owned data centre, powered by a US-owned power station, fueled by a US-owned terminal importing US fracked gas, killing and poisoning people in Pennsylvania raises such a level of other questions to be answered, given that there will be a policy against a fracked gas import terminal in place, renders that plan highly problematic - and definitely not within a space of a few months. CEO of New Fortress Energy,  Wes Edens, owner of Shannon LNG  was too blatant about this when he stated in an Earnings call in August 2019: 

• And as already stated above, Fianna Fail spokesperson on Finance, Michael McGrath, clarified to RTE on June 18th  that the planning authority, for any new Shannon LNG planning application for a fracked gas import terminal, would have to have regard to the new Government Policy against fracked gas imports in the Programme For Government. It was clear that he did not leave any door open to Shannon LNG going ahead in the future. He fully stood over the Programme for Government which has major implications for the Shannon LNG project. He understood that this would be a difficult issue for the Fianna Fail representatives locally, but said that we have to tell the truth adding  that he did not shirk from that the previous night in a zoom call with members to brief colleagues in the Kerry Constituency.

Q6. What about the importation of Non-fracked gas. Can’t the companies just say they will bring in non-fracked gas to Shannon LNG and Cork LNG?

A6. No, too late because we know Shannon and Cork are for fracked gas - even the dog in the street knows that now:

• See Answer 3 above where Fine Gael Deputy Leader and Minister for Foreign Affairs, Tanaiste Simon Coveney stated on June 20th  that Shannon LNG was largely for fracked gas.
• The Programme for Government has  proposed a stimulus policy to the Shannon Estuary as a compensation for not having “economic development arising from new fossil fuel infrastructure”, a package which does not include fossil fuel energy, only “renewable energy” - meaning that the implication is clear in the PfG that there will be no LNG terminal or any "new fossil fuel infrastructure" in the Shannon Estuary. The PfG states:

• We were always clear that there was never going to be one silver bullet to kill off the threat of fracked gas imports via the global LNG market entering the Irish energy mix, but we were always clear that we cannot progress the campaign without government policy. Policy change has an immediate effect and it represents a clear growing national consensus that there is now no social licence for fracked gas in the Irish Energy mix on Climate Grounds, On health and environmental grounds and on Justice grounds. The last clear piece of the jigsaw missing was a clear Government policy against the importation of fracked gas into the Irish Energy Mix and we belive that the Programme for Government as proposed will, if accepted, provide us with the key to get this policy embedded in Ireland for the good of Health, the environment and the Climate. 
• We were also very clear that this is part of a growing national consensus  - with some of the timeline here for context as follows:

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 #Pledge4Climate campaign environmental  NGOS, '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.

 These numbers were boosted by the clear positions against Fracking taken by Fianna Fail in the Dail on October 3rd, 2019 "in recognition of the health and climate impacts of exploiting shale gas reserves".

 Already, on October 3rd 2019, the Majority of Ireland's MEPs had told the European Commission not to allow fracked gas into Ireland via the Projects of Common Interest list. The Irish MEPs were supporting a motion co-signed by 44 TDs initiated by Brid Smith of 'People Before Profit', submitted to the Dail on September 26th, 2019 calling on the Irish Government:

 
"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, at  the Youth Assembly on Climate Change held in Dail Eireann, Roisin Keegan-O'Rourke  made an appeal to the Irish public on behalf of communities in America and said it was "a justice as well as a climate issue" The ban is currently now one of 10 recommendations included in Ireland’s First Youth Proclamation on Climate. A ban in the Programme For Government means justice for those communities, that their words have been heard and it is an acknowledgement of the work of Ireland’s youth movement, including it's Youth Assembly and climate strikers. Roisin Keegan-O’Rourke informed the House that the Youth Assembly was proposing:

 
"for Ireland to ban the importation of fracked gas and invest solely in renewables" 

 On November 27th, 2019, in a signal of Government softening on the issue, Taoiseach Leo Varadkar, speaking in the Dail stated:

 
"The Government banned fracking in Ireland, through a Private Members' Bill introduced by my colleague, Deputy McLoughlin. I am not sure whether we are in a position to ban the import of fracked  gas from other jurisdictions. I will have to check it out"

 On February 12th, 2020  the majority of Irish MEPs (including Fine Gael's Maria Walsh) voted against the 4th PCI list which included the proposed Shannon LNG fracked gas import project.

 The Department of Environment  has announced a major review into the security and sustainability of Ireland's energy supply but 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 that importing 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.

 The assessment of Methane Emissions promised by the European Commission for the 5th PCI list of projects in two years time is also gaming the system and pre-judging the assessment of fracked gas imports by only assessing the emissions taking place in the European Union and not the full life-cycle, non-territorial emissions from US fracked gas imports.

 Over 150 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."

 
With two ongoing high-court legal challenges against the proposed Shannon LNG fracked gas import plan with no assessment of the climate impacts, a national consensus is building that there is no longer any tolerance for the importation of fracked gas into Ireland, given that we have already banned fracking in Ireland due to the negative health and climate impacts.

 On April 30th, 2020, the European Court of Justice found that Shannon LNG's planning permission was invalid.

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.

In Conclusion the last clear piece of the jigsaw missing was a clear Government policy against the importation of fracked gas into the Irish Energy Mix and we belive that the Programme for Government as proposed will, if accepted, provide us with the key to get this policy embedded in Ireland for the good of Health, the environment and the Climate. 

The relevant wording in the Programme for Government is as follows:

“We will:...

Support the tightening of the sustainability assessment rules prior to the approval of any projects on the EU PCI list

As Ireland moves towards carbon neutrality, we do not believe that it makes sense to develop LNG gas import terminals importing fracked gas, accordingly we shall withdraw the Shannon LNG terminal from the EU Projects of Common Interest  list in 2021.

We do not support the importation of fracked gas and shall develop a policy statement to establish that approach.  

We will ensure that local development plans are developed to stimulate economic activity for those areas which were expecting economic development arising from new fossil fuel infrastructure. As part of that we will consider the potential of the Shannon Estuary in terms of regional economic development across transport and logistics, manufacturing, renewable energy and tourism, and develop a strategy to achieve that potential with support from the Exchequer.