On
October 13th, 2020 the DUP Minister Dodds had abstained
from the
unaniously-passed motion in
the Assembly which stated.
“That
this Assembly recognises the moratoria, in various forms,on fracking in
England, Scotland and Wales and the ban on fracking in the Republic of
Ireland; notes that this motion builds on the 2015 strategic planning
policy statement presumption against the exploitation of unconventional
hydrocarbon extraction in Northern Ireland; acknowledges its
responsibility to protect public health and the environment; and calls
on the Executive to instigate an immediate moratorium on petroleum
licensing for all exploration for, drilling for and extraction of
hydrocarbons until legislation is brought forward that bans all
exploration for, drilling for and extraction of hydrocarbons in
Northern Ireland.”
Minister Dodds announced at the time
a review of petorleum licensing policy which she stated must
be
completed before any decisions were made.Today, her
successor, Minister Lyons, announced the completion of that
review which will be that his Department will propose to the Executive
a total ban on all onshore oil and gas exploration in Northern Ireland.
Speaking in the Northern Ireland Assembly today, Minister Lyons stated:
"As it is a cross-cutting
and controversial policy area, on 31 January, I
circulated a paper to Executive colleagues
outlining the position not just on fracking but on
all onshore petroleum licensing activity. My
paper recommended that the Executive agree a
preferred policy option of a moratorium on all
forms of exploration and extraction of oil and
gas, to be followed by the introduction of a
legislative ban. That would not only bring
Northern Ireland in line with the rest of the
United Kingdom on the issue of fracking but go
further by legislating for all other types of
petroleum exploration or extraction.
The position of my party is, therefore, clear,
now and in any future Executive. Of course, my
proposed way forward will now require the
agreement of a future Executive, and, following
that, the preferred option will be subject to
public consultation"
going on to state:
"I
hope that I
made my position clear when I said that I did
not believe that there would be any issue
getting agreement at the Executive on what I
was bringing forward.
I recognise that petroleum exploration and
hydraulic fracturing in particular is an emotive
subject."
Expanding on the reasoning behind his decision, Minister Lyons stated:
"My paper also recommended my
preferred
option of introducing a moratorium and eventual
legislative ban on all forms of onshore
petroleum exploration and production. That was
based on a number of factors. First, a
moratorium and ban on all forms of onshore
petroleum exploration and production would not
disadvantage the local economy. As I said, in
the last 50 years, there has been no
commercial production of oil or gas in Northern
Ireland. Hence there is no reliance on the
sector. Specifically, the Hatch Regeneris
research concluded that the potential positive
economic impacts of petroleum exploration and
production would be relatively minor. The
preferred option would therefore ensure a focus
on the growth of the low-carbon renewable
energy sector, which would use a secure
indigenous resource and support people into
secure, well-paid jobs. Secondly, a moratorium
and ban on all forms of onshore petroleum
exploration and production would remove the
possibility of potential adverse societal and
environmental impacts on local communities
and the rural environment, as no further
exploration or development would be permitted."
The Minister concluded:
"I recognise that petroleum
exploration and
hydraulic fracturing in particular is an emotive
subject. [...] I based my decision on the
economic and societal impacts that hydraulic
fracking and petroleum licensing may have in
Northern Ireland".
There is no doubt whatsoever that this is a major victory for the
entire anti-fracking movement
worldwide. Minister Lyons did, however, point out that this was not a
win on climate grounds when he stated:
"I do not want to be
hypocritical or
say that this will be a win on climate change,
because we will certainly have to continue to
depend on fossil fuels for some time. We are
being dishonest with the public, and with
ourselves, if we say that we will not have any
need for fossil fuels in the short term. As of 15
minutes ago, 45% of our own electricity was
generated from fossil fuels. We have to be
honest and recognise that fossil fuels will
continue to play a necessary role as part of our
fuel supply. Let me make it clear, however: I
want us to head as quickly as we can towards
renewables".
The move by DUP Minister Lyons was the final hurdle in a battle going on for years by
campaigners for a ban on fracking in Northern Ireland. It has become
clearer over the years that the only way to stop fracking in Northern
Ireland was to have an outright ban on all petroleum licensing because
of the oil and gas lobby's consistent undermining of the definition of
fracking in order to find loopholes around the legislation.
EHA
and Tamboran License Applcations in Stalemate
The two current petroleum licence applications by EHA and Tamboran
cannot now move forward. Minister Lyons confirmed:
"that decisions on both licence
applications will be made by an Executive as a
whole following the agreement of Northern
Ireland's future petroleum licensing policy,
informed by my Department's policy review. I
reiterate that commitment today and sincerely
hope that those responsible for the
misinformation on social media are listening".
The Department also previously concluded in 2019 that
"In the absence of a Minister
and having previously considered the public interest test requirements
under the Executive Formation & Exercise of Function Act 2018
(EFEFA), the Department concluded that given it is both controversial
and cross-cutting, any decision on the award of a petroleum licence
could not be taken by civil servants. This has in effect created a
moratorium on decisions on new petroleum licence applications in
Northern Ireland at this time" .
Flaws
in the Current Bill
The bill being proposed by Sinn Féin that was being debated
in its second stage in the Assembly was the Onshore Fracking
(Prohibition) Bill. It had one major flaw in that its
definition of fracking in Northern Ireland differed greatly from the
definition of fracking in the Southern "Petroleum and Other Minerals Development
(Prohibition of Onshore Hydraulic Fracturing) Act 2017" which
defined hydraulic fracturing as "the generation of mechanical fractures in rock
below the surface by
means of the physical process of pumping fluid at high pressure into
the rock via a petroleum wellbore for the purpose of enhancing the flow
of petroleum between the rock and petroleum wellbore" -
defining "petroleum wellbore" as "a
boring or other excavation in the earth’s crust made for the
purpose of searching for or extracting petroleum".
The current Bill being proposed in
Northern Ireland defined "hydraulic fracturing" as "the generation of mechanical features in shale or
strata encased in shale by means of the physical process
of pumping fluid at high pressure, which is carried out in connection
with the use of a well to search or bore for or get petroleum".
The UK definition of "Associated Hydraulic Fracturing"
is
"hydraulic
fracturing of shale or strata encased in shale which (a) is carried out
in connection with the use of the relevant
well to search or bore for or get petroleum, and (b)
involves,
or is expected to involve, the injection of -
(i) more than 1,000 cubic metres of fluid at each
stage, or expected stage, of the hydraulic fracturing, or
(ii)more
than 10,000 cubic metres of fluid in total"..
In other words, the Northern Bill proposed by Sinn Féin was
only covering fracking of shale rock with no mention of volume, whereas
the Southern Act covered all fracking below the surface and the UK Act
covers High Volume fracking. This was a loophole which the
anti-fracking activists said was leaving the door open for a gas
industry in Northern Ireand that would allow certain types of fracking.
More importantly for Sinn Féin, it would represent a
divergence of the definition of fracking on the island of Ireland.
Minister Lyons equally stated that this definition was also a
divergence from the UK definition when he stated:
"The Bill is very limited, as it
deals with just one
of a number of potential oil and gas extraction
techniques — hydraulic fracturing. As I set out
earlier, that technique is used to extract
hydrocarbons from non-porous shale rocks. In
Northern Ireland, such rocks are located largely
in the Fermanagh area. The enactment of the
Bill would not, however, address future
petroleum exploration or production activities by
any other means in Fermanagh or in other
areas of Northern Ireland. Perhaps that is the
Sinn Féin position, but it is not mine.
The Bill also includes a limited definition of
hydraulic fracturing. Unlike the definition in the
Petroleum Act 1998, which covers
the rest of
the United Kingdom, it does not define highvolume hydraulic fracturing
by the large
volumes of water used. Other types of
fracturing with much lower volumes of water are
used for purposes other than extracting shale
gas: for example, as I said earlier, water
boreholes may be fractured to increase their
yield. That type of fracturing is different from the
process involved in shale gas exploration and
production. Therefore, the Bill needs careful
scrutiny to ensure that it does not have
unintended consequences."
It is clear to us that the only way to stop fracking in Northern
Ireland is to ban all petroleum licensing because the oil and gas lobby
could run rings around politiicans who were liable to leave certain
types of fracking permitted - as this bill was going to do.
That is a question for Sinn Féin to adress - were
they intentionally facilitating this scenario, or were they badly
advised by the oil and gas lobby or others? While activists were
delighted with a bill to ban fracking in Northern Ireland, Sinn
Féin should have known better. But Sinn Féin would
not share the wording of their bill with the affected community at the
consultation stage. Sinn Féin only shared its legislative proposal
with the Northern Ireland Human Rights Commission and the Equality
Commission for Northern Ireland. The activisits in the affected
communities highlighted these loopholes (and other issues with the
consutation) once the bill was published and still Sinn
Féin refused to make any amendments such as including, what
the DUP Minister is now proposing, a ban on petroleum licensing in
Northern Ireland in order to ban fracking and as per the wording of the
unanimously passed motion of
October 13th 2020. The Sinn Féin MLA who was proposing the
bill, Áine Murphy did, however, positively offer a consentual
approach when she stated:
"I am absolutely committed to
working with any
and all Members, the Economy Committee and
the Bill Office and to following the correct
legislative processes to ensure that the Bill can
be as robust as possible. I am open to
Committee scrutiny of it"
Minister Lyons summed up the argument very clearly when he pointed out
that the current bill as proposed would not prevent the two current
petroleum licensing applications by EHA and Tamboran when he said:
"neither of the two existing
applications currently propose the application of
high-volume hydraulic fracturing."
which would not be covered by the Northern Bill proposed by Sinn
Féin. This is the major flaw in the Bill.
The
SDLP
The other nationalist party in the Northern Ireland Executive (the
SDLP) was also signalled out for mention by Minister Lyons. Minister
Lyons stated:
"As
it is a cross-cutting
and controversial policy area, on 31 January, I
circulated a paper to Executive colleagues
outlining the position not just on fracking but on
all onshore petroleum licensing activity. My
paper recommended that the Executive agree a
preferred policy option of a moratorium on all
forms of exploration and extraction of oil and
gas, to be followed by the introduction of a
legislative ban.[...] To date, only the
Finance
Minister has responded to my paper.
The
Ministers from the SDLP, the Alliance Party and
the UUP have not responded.
The question for
those other parties to answer is why they did
not respond."
The
SDLP Minister, Nichola Mallon, is still the focus of a conflict of interest controversy. Her husband Brendan
Scott was, none other than the "public liaison officer"
and "community
engagement manager"
for EHA Exploration Limited, one of the two fracking
companies which, along with Tamboran, is awaiting a decision from
his wife, Nichola Mallon, and the other Ministers in the Northern
Ireland Executive (Cabinet) on petroleum policy and a petroleum
licence application worth millions of
pounds to EHA.
It
is interesting that Minister Lyons would ask her party why it did not
respond to his January 31st paper to Executive colleagues, especially
since this happened before the resignation of the First Minister
Paul Givan on February 4th. Was Minister Mallon's refusal to respond to
Minister Lyons influenced by the financial links she has with EHA
through her husband, we wonder?
The DUP MLA Deboragh Erskine reiterated the DUP position in the debate
when she said:
"I am
pleased that my party is committed to
phasing out fossil fuels. As representatives, we
have a responsibility to ensure the protection of
the environment and to seek to promote
renewable energy sources"
going on to state in a DUP press release after the debate:
"Notably the Sinn Féin
bill being proposed would not actually have closed the door to
petroleum exploration activities in Fermanagh or elsewhere in Northern
Ireland. A DUP Minister has built a detailed case in order to give
certainty to all those with valid concerns".
Fracking
cannot be mitagted Through Regulation
In May 2021, The National University of Ireland Galway
(NUIG) Irish Centre for Human Rights published a research
report finding that
fracking is incompatible with states’ human rights law
obligations
under numerous treaties. Their research and findings concluded that the
dangers posed by fracking cannot be mitigated through regulation.
This research was fed into the submissions to Hatch before the Hatch
Report was published and on which Minister Lyons based his
decision. The new policy direction proposed by Minister Lyons
in Northern Ireland is a rational acceptance of the logic that fracking
cannot be mitigated through regulation and it gives new
impetus for Ireland to now sponsor a UN General Assembly
resolution calling for a global ban on fracking.
On
May 18th, 2021, 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 welcomed 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 and to work proactively against the global trade in
fracked gas by using all the means at its disposal to stop the Shannon
LNG US fracked gas import terminal from obtaining development consent.
This is
Fermanagh-based
Belcoo
Frack Free's initial reaction:
https://m.facebook.com/story.php?story_fbid=2104585159722643&id=311902375657606
More to Follow as we take it all in....
