So,
why is the Green Party leader in
Ireland - Environment Minister Eamon Ryan - actually defending Shannon
LNG and
the Fracking Industry in the Irish Courts?
The
Irish Programme for Government
agreed to “withdraw
the Shannon LNG terminal from the EU Projects of Common
Interest list in
2021”.
However,
Green Party Leader, Minister Eamon Ryan, is actually defending
a case
in the Court of Appeal giving his support
for Shannon LNG remaining on the 4th PCI List.
The Irish eNGO - Friends of the
Irish Environment - has asserted in the High
Court that Shannon LNG
was illegally added to the PCI list by the Irish Government in 2019
because no
climate sustainability impacts were assessed - neither by the European
Commission nor by the Irish Member State - despite these assessments
being
legal obligations under the PCI Regulation. Because the PCI List is
part of an EU
Regulation, the only legal means of now taking Shannon LNG off the 4th
PCI list
is via a referral to the European Court of Justice. Éamon
Ryan’s legal team successfully
argued in the High Court
that
no such referral should be allowed to be made to the ECJ and this
allowed
Shannon LNG to stay on the 4th PCI list. This decision is
now being
appealed to the Court of Appeal with Eámon Ryan still refusing
to concede to
the request for an ECJ ruling despite the commitments he signed up to
in the Programme
for Government to get Shannon LNG off the PCI List in 2021.
The
case is now taking on more significance because Shannon LNG has
lodged a new
planning
application
for a floating fracked gas import terminal on the Shannon
Estuary
and it is almost guaranteed to get planning permission due to its PCI
status. PCI
accreditation from the European Commission is
extremely powerful because any projects put on this list are allocated
the
status of "overriding
public
interest“
in a special fast-track planning process in each
Member State and are thus almost guaranteed development consent.
Article 5(9)
of the PCI regulation 347/2013
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."
The
Green Party leader’s actions are in
direct contravention of both the Programme for Government
agreement to
withdraw the proposed Shannon LNG terminal from the PCI list in 2021
and the
new Government policy
against fracked gas
imports published on May 18th, which 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
Green party, by defending Shannon
LNG in the Irish Courts, is leaving itself wide open to allegations of
“gaslighting”
the people who care for the environment. Telling the public that it is
serious
about taking Shannon LNG off the PCI list, while its leader Minister
Eamon Ryan
is fighting in the courts to help Shannon LNG by ensuring it gets
planning
permission for a fracked gas import terminal by keeping it on the PCI
list will
require some very creative explanation from the Green Party Spin
machine.
Ireland
is only counting the emissions
it produces in the country as it calculates its carbon budget for
different
sectors of the economy. However, the Climate Committee heard from
scientific experts in October 2019 that, over its full lifecycle,
importing US
fracked gas as LNG into Ireland would have a carbon-equivalent
footprint 44%
greater than that of importing coal (to Moneypoint in County Clare)
over a 20
year period. But even considering just the territorial emissions in isolation, Shannon
LNG admits in its own planning application documents that "direct emissions from
the operation of the proposed development will equate to
approximately 963kt CO2e in 2030, around 2.1% of Ireland’s carbon
allowance if Ireland’s carbon reduction targets are met." The company has also declared that it intends to apply separately for a 320-Megawatt data centre on the site of the proposed fracked gas import terminal.
With
the Climate Committee hearing evidence on
September 28th that all the data centres currently being proposed in
Ireland
could be using up to 70% of grid capacity by 2030, it is unacceptable
from a
climate perspective that the Green Party of Ireland is helping the
shortfall
to be sourced from US fracked gas. The new Generation Capacity Statement
(GCS) from Eirgrid, the national power grid operator, is showing that
demand levels in other sectors outside outside of data centres have
remained broadly flat in recent years. If the price for Ireland
being the
“best
little country in the world to do business” is to
have a glut of US-data
centres in Ireland being powered by one of the dirtiest of all fossil
fuels -
fracked gas, be it from imported via LNG terminals or from actual Fracking in Northern Ireland - then maybe that price is one that is too high for any
sane or
rational person to support. Source: All-Island Generation Capacity Statement 2019-2028,
Eirgrid (these figures do not inlcude the most recent data centre
connection requests received by Eirgrid - explaining the discrepancy
between the 29% Eirgrid estimate and the 70% estimate from Maynooth University which states:
"Data centres currently represent 11 per cent of grid
capacity, but Eirgrid estimates this will be 28% by 2030 based on existing
connections. If all proposed data centre projects were connected, this figure
could be as high as 70% of grid capacity by 2030. This is compared with 2% of
electricity consumed by data centres worldwide.")
The
Planning and Development (Climate Emergency Measures) (Amendment) Bill 2021 is currently
proceeding through the
Dáil proposing to restrict the development of LNG terminals
and Data Centres in
Ireland. The Green Party in Government is, once again, expected to
embarrassingly vote against yet another Climate Mitigation
initiative.
Green
Party supporters will undoubtedly
themselves be starting to wonder why the Green Party leader does not
concede in
the Court of Appeal challenge by the Friends of the Irish Environment
and allow
the European Court of Justice the possibility of removing Shannon LNG
from the
4th PCI List.
Ends.
Contact: John
McElligott
Tel: 087-2804474 / [email protected] / www.SafetyBeforeLNG.ie
Note
1:
The formal planning application by Shannon LNG can be viewed here: https://www.pleanala.ie/en-ie/case/311233
Note
2:
Click
here to view the JUDGMENT of Mr.
Justice Garrett Simons delivered
on 14 September 2020 refusing
a preliminary
reference to the European Court of Justice on whether Shannon LNG was
illegally added to the PCI List
Click
here to view the JUDGMENT of Mr.
Justice Garrett Simons delivered
on 30 March 2021 ruling
that
the Climate Act 2015 effectively
"be construed as applying to a Minister up to
the door of the Cabinet room, ceasing to apply at the threshold and
then re-attaching
to the Minister on exiting the room”
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