Fiona Brewer
Laura Mackey
Simon McGarr
Fergal Crehan
Gary Malone
Mattie Lennon
Sarah Byam
Anita Kiely
Fred Roe
Keisha Poiro
Emma Pearson
Fluffy Dutton
Donal O'Driscoll

Corrib Gas Field: Questions for Mr. Dempsey

In the context of the jailing of 5 men from Mayo for contempt of court the following is an open letter sent to Mr. Noel Dempsey, Minister for Communications Marine and Natural Resources. A subsequent letter of 8th July 2005 is also available to read.

EMcG/                                                                                     3rd July 2005

Mr. Noel Dempsey TD
Minister for Communications
Marine and Natural Resources
29/31 Adelaide Rd.
Dublin 2

Re: Bord Gais Eireann and the Corrib Gas pipeline

Dear Minister,

We note the Corrib Gas pipeline is intended to supply gas to the BGE distribution network. 1

We call upon you pursuant to Council Directive 2003/4/EC 2 to make prompt disclosure to us of the following documents and papers:

1. A copy of the Petroleum Lease issued by the Department of Communications Marine and Natural Resources to Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. in respect of the Corrib Gas Field.
   
   This document is required as the Plan of Development and the EIS delivered (presumably) in association with it would be less intelligible in its absence.
2. A copy of the Assignment (if any) of the Petroleum Lease associated with the event constituting the succession of Shell E & P Ireland Ltd. to Enterprise Energy Ireland Ltd. or its associates or any of them.
   
   This document is required to consult and check the provisions (if any) ensuring that the covenants in the Petroleum Lease in favour of the State and particularly those relating to the protection of the environment were assumed by the assignee(s).
3. A copy of the consent (if any) of the Department of Communications Marine and Natural Resources to the Assignment (if any) of the Petroleum Lease associated with the event constituting the succession of Shell E & P Ireland Ltd. to Enterprise Energy Ireland Ltd. or its associates or any of them.
   
   This document is required to consult and check the provisions (if any) ensuring that the covenants in the Petroleum Lease in favour of the State and particularly those relating to the protection of the environment were imposed on the assignee(s).
4. A copy of the Authorisation granted 3 by the Department of Communications Marine and Natural Resources to Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors for the construction of the offshore installation in respect of the Corrib Gas Field.
   
   This document is required to consult and check the provisions (if any) ensuring that the environment would be protected and the method of their being imposed on the applicants.
5. A copy of the Authorisation 4 granted by the Department of Communications Marine and Natural Resources to Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors to the plan for the development of the Corrib Gas Field.
   
   This document is required to consult and check the provisions (if any) ensuring that the environment would be protected and the method of their being imposed on the applicants.
6. A copy of the consent given 5 by the State to Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors for the construction of the offshore installation in respect of the Corrib Gas Field.
   
   This document is required to consult and check the provisions (if any) ensuring that the environment would be protected and the method of their being imposed on the applicants.
7. A copy of the Foreshore Licence granted 6 by the State to Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors for the construction of a gas pipeline from the offshore installation to the terminal building in respect of the Corrib Gas Field.
   
   This document is required to consult and check the provisions (if any) ensuring that the environment would be protected and the method of their being imposed on the applicants.
8. A copy of the Plan of Development presumably delivered to the Department of Communications Marine and Natural Resources pursuant to the conditions for the granting of the Petroleum Lease issued by the Department of Communications Marine and Natural Resources to Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. in respect of the Corrib Gas Field.
   
   This document is required to consult and check the delivery of the Plan of Development (the expected delivery of which was publicly announced by the Minister) and the provisions (if any) ensuring that the environment would be protected and the method of their being assumed or imposed in a legally enforceable way by/on the applicants.
9. A copy of the Environmental Impact Statement (EIS) presumably delivered to the Department of Communications Marine and Natural Resources pursuant to the conditions for the granting of the Petroleum Lease issued by the Department of Communications Marine and Natural Resources to Enterprise Energy Ireland Ltd., Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. in respect of the Corrib Gas Field.
   
   This document is required to consult and check the delivery of the EIS (the expected delivery of which was publicly announced by the Minister) and the provisions (if any) ensuring that the environment would be protected and the method of their being assumed or imposed in a legally enforceable way by/on the applicants.
10. A copy of the Environmental Impact Statement (EIS) delivered 7 to the Department of Communications Marine and Natural Resources by Enterprise Energy Ireland Ltd., Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors in connection with the granting of the consent given by the State to Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors for the construction of the offshore installation in respect of the Corrib Gas Field.
    
    This document is required to consult and check the delivery of the EIS (the expected delivery of which was publicly announced by the Minister) and the provisions (if any) ensuring that the environment would be protected and the method of their being assumed or imposed in a legally enforceable way by/on the applicants.
11. A copy of the Environmental Impact Statement (EIS) delivered 8 to the Department of Communications Marine and Natural Resources by Enterprise Energy Ireland Ltd., Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors in connection with the granting of the Authorisation granted by the Department of Communications Marine and Natural Resources to Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors to the plan for the development of the Corrib Gas Field.
    
    This document is required to consult and check the delivery of the EIS (the expected delivery of which was publicly announced by the Minister) and the provisions (if any) ensuring that the environment would be protected and the method of their being assumed or imposed in a legally enforceable way by/on the applicants.
12. A copy of the Environmental Impact Statement (EIS) delivered 9 to the Department of Communications Marine and Natural Resources by Enterprise Energy Ireland Ltd., Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors in connection with the granting of the Foreshore Licence granted by the State to Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors for the construction of a gas pipeline from the offshore installation to the terminal building in respect of the Corrib Gas Field.
    
    This document is required to consult and check the delivery of the EIS (the expected delivery of which was publicly announced by the Minister) and the provisions (if any) ensuring that the environment would be protected and the method of their being assumed or imposed in a legally enforceable way by/on the applicants.
13. A copy of the agreement for terms of supply by Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors, of natural gas to Bord Gais Eireann from the Corrib Gas Field.
    
    This document is required to consult and check the legal enforceability of the obligations assumed or imposed on Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors in respect of the protection of the environment. Prima facie, in default of any such agreement powers exercised under Section 32 of the Gas Act 1976 would be, in principle, invalid and undermine the viability of enforcement of obligations against Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors
14. A copy of the consent (if any) of the Minister for Public Enterprise (now the Minister the Department of Communications Marine and Natural Resources) and the Minister for Finance to the construction by Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors, of the pipeline from the Corrib Gas Field on behalf of Bord Gais Eireann.
    
    This document is required to consult and check the legal enforceability of the obligations assumed or imposed on Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors in respect of the protection of the environment. Prima facie, in default of any such consents undertakings given to the State would be, in principle, invalid and undermine the viability of enforcement of obligations against Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors
15. A copy of the consent to the installation and commissioning of Phase 1 of the pipeline from the Corrib Gas Field granted 10 by the Minister the Department of Communications Marine and Natural Resources.
    
    This document is required to consult and check the provisions (if any) ensuring that the environment would be protected and the method of their being imposed on the applicants.
16. A copy of the consent to the installation and commissioning of Phase 2 of the pipeline from the Corrib Gas Field granted 11 by the Minister the Department of Communications Marine and Natural Resources.
    
    This document is required to consult and check the provisions (if any) ensuring that the environment would be protected and the method of their being imposed on the applicants.
17. A copy of the consent to execution of the preparatory works of Phase 3 of the installation and commissioning of Phase 3 of the pipeline from the Corrib Gas Field granted 12 by the Minister the Department of Communications Marine and Natural Resources.
    
    This document is required to consult and check the provisions (if any) ensuring that the environment would be protected and the method of their being imposed on the applicants.
18. A copy of the consent to the installation and commissioning of Phase 6 of the pipeline from the Corrib Gas Field granted 13 by the Minister the Department of Communications Marine and Natural Resources.
    
    This document is required to consult and check the provisions (if any) ensuring that the environment would be protected and the method of their being imposed on the applicants.
19. A copy of each and every (if any) authorisation issued 14 by Bord Gais Eireann to persons pursuant to Section 26 (1) of the Gas Act 1976 to enter private lands for the purposes of making routes for the pipeline and associated works in respect of the Corrib Gas Field.
    
    These documents are required to consult and check the legal enforceability of the obligations assumed or imposed by/on Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors in respect of the protection of the environment. Prima facie, in default of any such authorisations, acts done or undertaken would be invalid and undermine the viability of enforcement of environmental obligations against Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd. or their successors
20. A copy of each and every (if any) report to the Minister of Communications Marine and Natural Resources from Marine Licence Vetting Committee (MLVC) relating to the pipeline and associated works in respect of the Corrib Gas Field.
    
    This document is required to consult and check the delivery of the obligations ensuring that the environment would be protected and the method of their being assumed or imposed in a legally enforceable way by/on Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd or their successors.
21. A copy of each and every (if any) report to the Minister of Communications Marine and Natural Resources from the Environmental Monitoring Group (EMG) relating to the pipeline and associated works in respect of the Corrib Gas Field.
    
    This document is required to consult and check the delivery of the obligations ensuring that the environment would be protected and the method of their being assumed or imposed in a legally enforceable way by/on Enterprise Energy Ireland Ltd.. Statoil Exploration (Ireland) Ltd. and Marathon International Petroleum (Hibernia) Ltd or their successors.

Please also note that any such disclosure is required to be made in full and open manner as is legislated for in Council Directive 2003/4/EC and within the time limits set out in the Directive.

Yours Faithfully,

____________________

Edward McGarr
McGarr Solicitors

1 BGE website (www.bordgais.ie/htm/network_map/index.htm)

2 Under Article 10 of this directive Ireland was obliged to transpose it into national law by 14 th February 2005. Given that the requests herein are directed to the State the Directive has direct effect under the following case law; Von Colson and Kamann v Land Nordrhein-Wastfalen, Case 14/83 [1984] ECR 1891; Costanzo v Comune di Milano Case 103/88 [1989] ECR 1839; Commission v Italy Case C-101/91 [1993] ECR I-191 Case 80/86 [1987] ECR 3969, Marleasing Case C-106/89 [1990] ECR I-4135
Foster v British Gas, Case 188/89 [1990] ECR 3343
Van Duyn v The Home Office Case 41/74 [1974] ECR 1337; Pubblic o Minestero v Ratti, Case 148/78 [1979] ECR 1629; Marshall v Southampt on and South West Hampshire Health Authority, Case 152/84 [1986] ECR 723; Faccini Dori v Recreb Case C-91/92 [1994] ECR I-3325; Coppe ngen v Waterford County Council; Royal Pharmaceutical Society, Joined Cases 266 & 267/87 [1989] ECR 1295

3 As confirmed by Minister Dempsey to Dail Eireann on 30/6/05

4 As confirmed by Minister Dempsey to Dail Eireann on 30/6/05

5 As confirmed by Minister Dempsey to Dail Eireann on 30/6/05

6 As confirmed by Minister Dempsey to Dail Eireann on 30/6/05

7 As confirmed by Minister Dempsey to Dail Eireann on 30/6/05

8 As confirmed by Minister Dempsey to Dail Eireann on 30/6/05

9 As confirmed by Minister Dempsey to Dail Eireann on 30/6/05

10 As confirmed by Minister Dempsey to Dail Eireann on 30/6/05

11 As confirmed by Minister Dempsey to Dail Eireann on 30/6/05

12 As confirmed by Minister Dempsey to Dail Eireann on 30/6/05

13 As confirmed by Minister Dempsey to Dail Eireann on 30/6/05

14 The operator has the consent to mark out routes, as confirmed by Minister Dempsey to Dail Eireann on 30/6/05 and by implication must be acting as agents of BGE which is the only authority for such activities, including the Minister.

by

Edward McGarr
3rd July 2005

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