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For Immediate Release
Press Release July 30th 2021: 

Irish Green Party set to commit Environmental Treason as it refuses to implement the new Government policy against LNG terminals by deliberately allowing Shannon LNG lodge a new planning application within days for a fracked gas import terminal.

Minister Ryan is set to 'run down the clock' and not order An Bord Pleanála to refuse planning permission for the Shannon LNG fracked gas project. 

With news breaking locally in  County Kerry, Ireland, that US fracked gas exporter New Fortress Energy is within days of lodging a completely new planning application for the Shannon LNG fracked gas import terminal, the Irish Green Party is set to break all its pre-election promises and ignore appeals from its own grassroots organisations by allowing the application to proceed unhindered and by refusing to ensure that An Bord Pleanála is ordered to comply with the new Irish government policy against the construction of LNG terminals. 

It is becoming clearer by the day to grassroot campaigners that the Irish Green Party is actively working against the climate movement to the benefit of fracked gas imports and all the leading Green Party politicians must take personal responsibility for allowing this to happen.

On May 18th  a new Irish Government policy against LNG terminals was published which stated

"pending the outcome of a review of the security of energy supply of Ireland’s electricity and natural gas systems being carried out by the Department of the Environment, Climate and Communications, it would not be appropriate for the development of any liquefied natural gas (LNG) terminals in Ireland to be permitted or proceeded with".

However, Green Environment Minister Éamon Ryan has refused to agree to a direct order being given to An Bord Pleanála to comply with the new policy against LNG terminals, using the powers provided for under Section 29(1) of the Planning and Development Act 2000, as amended. For the order to be obligatory it must be made before Shannon LNG lodges its planning application. It is now clear that Minister Ryan, the Green Party and its advisors are deliberately running down the clock by refusing to act against Shannon LNG in the narrow window of opportunity that exists to do so before a planning application is lodged.


The “Ministerial policy directives“ section 29 of the Planning Act, states that “The Minister may, from time to time, issue policy directives to planning authorities regarding any of their functions under this Act and planning authorities shall comply with any such directives in the performance of their functions”.

 

Under section 30 of the Planning and Development Act, the Minister shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned, meaning that the order must be given by the Minister before Shannon LNG lodges its new planning application.

 

The Department for Housing, which has responsibility for An Bord Pleanála, confirmed that the reason it could not send a section 29 Ministerial policy Directive against the development of LNG terminals and fracked gas imports directly to An Bord Pleanála so far was because "the Policy is not a Policy of the Minister for Housing, Local Government and Heritage", meaning it is up to Minister Ryan to act.  The order must come from Minister Ryan. 

 

It was confirmed that a notification which only obliges the Planning Board  to "have regard" to the government policy was sent to An Bord Pleanála on May 26th.  As Minister Éamon Ryan is the Minister responsible for the new policy, he only has to request that Minister Darragh O'Brien issue a Ministerial policy Directive ordering An Bord Pleanála to neither permit nor proceed with any application for an LNG terminal in Ireland pending the outcome of the Energy Review as is current government policy before the planning application is lodged, but he has refused point blank to do so.  It is now clear that Minister Ryan has deliberately kept the door open for Shannon LNG. Why has the Green Party allowed this to happen on its watch while in government and what would be considered treason to the environmental movement is set to pose an existential crisis for the Green Party of Ireland. 

Minister Ryan even went so far as to mislead the Seanad on July 9th when he stated "we lived up to our commitments in the programme for government. We issued the policy statement that put a hold on the development of any LNG terminals pending an energy security review". 

It is now clear that since the Climate Bill was passed into law, the Irish Green Party has lost direction and is intent on selling itself out to the fracked gas industry, lock, stock and barrel. 

 

Without a direct order against Shannon LNG from the Irish Green Party Minister, An Bord Pleanála is almost certainly going to give development consent to the US fracked gas import terminal. 

In its ruling on June 2nd, An Bord Pleanála decided that the fracked gas import terminal  qualifies as strategic infrastructure and under the Strategic Infrastructure Act of 2006 qualifies for fast-track planning directly with An Bord Pleanála. The project also has to be considered as a project in the "overriding public interest" as it was kept on the 4th Project of Common Interest (PCI) List after Minister Ryan successfully defended the Shannon LNG fracked gas import project PCI status in the High Court in March

An Bord Pleanála has a dual role in dealing with Strategic Infrastructure Projects on the European  PCI (Projects of Common Interest) List. It is the official body in Ireland for PCI projects that has to report directly to DG Energy in the European Commission and ensure that planning permission for such projects is expedited as quickly as possible while at the same time actually being the body that decides on the planning application. Given that An Bord Pleanála already illegally extended Shannon LNG's planning permission (as ruled by the High Court on November 9th, 2020), it is beyond argument that An Bord Pleanála has a clear track record of ignoring the legislation either mistakenly or deliberately for the advantage of the PCI-listed Shannon LNG project.

 

The Irish Green Party is committing environmental treason by not stopping Shannon LNG and no amount of fake surprise by leading Green Party politicians when the planning application goes ahead will hide the fact that they ran down the clock and refused to act and turned a blind eye when they had the power to stop it. Shame on them all. We ask them a simple question - why are you selling out to the oil and gas industry?

Ends.

Contact: John McElligott  Tel: 087-2804474 / [email protected] / www.SafetyBeforeLNG.ie 

 


Note 1:

Shannon LNG has recently launched what it called a "virtual public consultation" via a slick marketing portal at https://step.consultation.ai/ and has been so brazen as to refer to the filthy fracked gas import terminal plan as the "Shannon Technology & Energy Park" which is nothing more than a floating LNG terminal  with a power station and plans to have up to 8 massive data centres. In plain English - US-owned data centres powered by US-fracked gas, probably paying next to no taxation and wrecking the climate while they are at it since scientists have informed the Oireachtas Committee that importing US fracked gas into the Shannon Estuary would leave a carbon-equivalent footprint 44% greater over a 20-year period than importing coal to Moneypoint power station 2 miles away on the county Clare side of the Shanon Estuary. How do they plan to get away with that? By benefitting from another loophole in the Climate Bill which will not measure the emissions produced over the full lifecycle of the fracking import plan  - but only measure, in true tax-dodging style - the emissions produced from burning the gas in Ireland.

Note 2:

Shannon LNG lodged a pre-consultation application with  An Bord Pleanála in order to be able to apply directly to An Bord Pleanála for an LNG terminal in Tarbert in County Kerry. An Bord Pleanála, 
granted this special fast-track planning status to Shannon LNG on June 2nd. 

Note 3:
Notification of new Government policy on fracked gas imports to An Bord Pleanála by the Department of Housing, Local Government and Heritage on May 26th, 2021:



Note 4:
Official record of the new Government Policy on Fracked gas imports of May 18th 2021:

Note 5:

Confirmation from Department of Planning that it could not send a section 29 order as it is not the Deparment with responsiblity for the policy:

From: XXXXXXXXXXXXX@housing.gov.ie>
Sent: Tuesday 22 June 2021 09:12
To: Safety Before LNG SLNG <[email protected]>
Cc: Housing Aie <[email protected]>; Housing Planning <[email protected]>
Subject: RE: AIE-047-2021 Safety before LNG- acknowledgement

 

Hi John,

As discussed. On 18 May 2021 the Government through the Department of Environment, Climate and Communications issued the Policy Statement on the Importation of Fracked Gas. https://www.gov.ie/en/publication/f3774-policy-statement-on-the-importation-of-fracked-gas/

 

Your AIE request refers to Section 28 and 29 of the Planning and Development Act 2000, as amended. These references are not applicable in this case as the Policy is not a Policy of the Minister for Housing, Local Government and Heritage.

 

When the Government or any Minister issues a new policy, An Bord Pleanála must have regard to Government policy under Section 143 of the Planning and Development Act 2000, as amended.

 

143.—

(1) The Board shall, in performing its functions, have regard to—

 

(a) the policies and objectives for the time being of the Government, a State authority, the Minister, planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas, whether urban or rural,

(b) the national interest and any effect the performance of the Board’s functions may have on issues of strategic economic or social importance to the State, and

(c) the National Planning Framework and any regional spatial and economic strategy for the time being in force.

 

(2) In this section ‘public authority’ means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section.

 

The Board were notified by DHLGH of the Policy Statement on 26 May 2021 with the Board replying on 27 May 2021. The Policy specifically states that:

 

“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;”…….

 

If the information in this email satisfies the information you were looking for, please withdraw request AIE-047-2021. If you do not withdraw the AIE request, the request will be processed in the standard manner.

Kind Regards,

XXXXXXXXXXXX,

Assistant Principal Officer,

Planning Policy and Legislation


 





            

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