Greenpeace's QC today branded the Government's main legal argument a breach of the organisation's human rights and an abuse of the legal process. The Government argues that Greenpeace delayed in applying for a judicial review of its oil licensing on the Atlantic Frontier and that Greenpeace should have made its application sometime over the last five years.
If this is correct it would mean that no person or organisation (including Greenpeace) would ever be able to challenge any Government decision on offshore oil and gas exploration or any other offshore activities to which the EU Habitats Directive applies
Nigel Plemming, QC for Greenpeace, said today in the High Court:
"The Government is attempting to deny Greenpeace access to the UK courts when it has substantial evidence to demonstrate that the UK Government has failed, and continues to fail, to implement an important act of Community law for environmental protection, which establishes rights enforceable by individuals and by associations. Such a conclusion would offend articles 6 and 3 of the European Convention of Human Rights".
Plemming added that the Government's argument was effectively saying that, "the Government and oil industry could march on until the end of time."
He added that the Government was abusing the legal process by trying to challenge a decision made by Justice Laws in 1997 at a previous hearing between the Government and Greenpeace. Laws made it clear that Greenpeace was entitled to wait until it was clear what blocks of sea were being offered for oil exploration before challenging the Governments decision.
Notes to editors:
Greenpeace has launched a judicial review of the UK Government's refusal to apply the EU Habitats Directive up to 200 nautical miles from the coast despite the fact that the Government claims fisheries and mineral rights over this area. The Government has been joined by ten oil companies, including household names like Esso, Texaco and Mobil.
Further information:
Contact:
Greenpeace Press Office on 020 7865 8255
