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| Version 5 | Version 6 |
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| Nuclear review 'was misleading' | Nuclear review 'was misleading' |
| (10 minutes later) | |
| A High Court judge has ordered a rethink of the government's nuclear power plans, after a legal challenge by environmental campaigners Greenpeace. | A High Court judge has ordered a rethink of the government's nuclear power plans, after a legal challenge by environmental campaigners Greenpeace. |
| A judge ruled that the consultation process before making the decision last year had been "misleading", "seriously flawed" and "procedurally unfair". | A judge ruled that the consultation process before making the decision last year had been "misleading", "seriously flawed" and "procedurally unfair". |
| Greenpeace said the ministers should "go back to the drawing board". | Greenpeace said the ministers should "go back to the drawing board". |
| Industry Secretary Alistair Darling said the government would re-consult, but still favoured nuclear power. | Industry Secretary Alistair Darling said the government would re-consult, but still favoured nuclear power. |
| He told the BBC they could appeal but accepted the judge's ruling and would consult again, although there was "a race against time" with climate change. | He told the BBC they could appeal but accepted the judge's ruling and would consult again, although there was "a race against time" with climate change. |
| There was also the need to ensure the UK was not overly-reliant on imports of oil and gas, he said. | There was also the need to ensure the UK was not overly-reliant on imports of oil and gas, he said. |
| Mr Darling said "counter views" would be taken into consideration, but "on a matter so important as climate change it just isn't possible to stand back and say: 'We don't have any views'". | Mr Darling said "counter views" would be taken into consideration, but "on a matter so important as climate change it just isn't possible to stand back and say: 'We don't have any views'". |
| The government also stressed that the judge's ruling was on the "process of consultation, not the principle of nuclear power". | The government also stressed that the judge's ruling was on the "process of consultation, not the principle of nuclear power". |
| 'Updating' | 'Updating' |
| Greenpeace's Emma Gibson told the BBC: "The government's so-called consultation was a sham and we are very pleased the judge has agreed with us on that. | Greenpeace's Emma Gibson told the BBC: "The government's so-called consultation was a sham and we are very pleased the judge has agreed with us on that. |
| "If Tony Blair wants to continue with his misguided plan for a whole new generation of nuclear power stations, the government will have to go back to the drawing board." | "If Tony Blair wants to continue with his misguided plan for a whole new generation of nuclear power stations, the government will have to go back to the drawing board." |
| The government has been shown up as fundamentally deceitful Alan Duncan, Conservatives class="" href="http://newsforums.bbc.co.uk/nol/thread.jspa?threadID=5577&edition=1&ttl=20070215141436">Send us your comments | |
| In 2003, the Energy White Paper described nuclear power as an "unattractive option". | In 2003, the Energy White Paper described nuclear power as an "unattractive option". |
| It said before any decision was taken to build more stations, there would have to be "the fullest possibly public consultation and the publication of a further white paper setting out our proposals." | It said before any decision was taken to build more stations, there would have to be "the fullest possibly public consultation and the publication of a further white paper setting out our proposals." |
| The government launched a fresh energy review in January 2006, and after public consultation in July published a report, The Energy Challenge, which said "new nuclear power stations would make a significant contribution to meeting our energy policy goals". | The government launched a fresh energy review in January 2006, and after public consultation in July published a report, The Energy Challenge, which said "new nuclear power stations would make a significant contribution to meeting our energy policy goals". |
| In court, Greenpeace said the consultation had not fulfilled the promise to carry out "the fullest public consultation". | In court, Greenpeace said the consultation had not fulfilled the promise to carry out "the fullest public consultation". |
| It complained that there had been a failure to present clear proposals and information on key issues, such as disposal of radioactive waste and building costs. | It complained that there had been a failure to present clear proposals and information on key issues, such as disposal of radioactive waste and building costs. |
| 'Radically wrong' | 'Radically wrong' |
| The government had argued that the energy review was only part of an ongoing process which would ensure full consultation. | The government had argued that the energy review was only part of an ongoing process which would ensure full consultation. |
| But Mr Justice Sullivan said "something has gone clearly and radically wrong". | But Mr Justice Sullivan said "something has gone clearly and radically wrong". |
| The consultation document had given every appearance of being simply an "issues paper". | The consultation document had given every appearance of being simply an "issues paper". |
| There could be no proper consultation, let alone the fullest consultation Mr Justice Sullivan | There could be no proper consultation, let alone the fullest consultation Mr Justice Sullivan |
| It had contained no actual proposals and the information given to consultees had been "wholly insufficient for them to make an intelligent response". | It had contained no actual proposals and the information given to consultees had been "wholly insufficient for them to make an intelligent response". |
| The judge said information given on waste had been "not merely inadequate but also misleading". | The judge said information given on waste had been "not merely inadequate but also misleading". |
| Fairness required that consultees should be given a proper opportunity to respond to that substantial amount of new material before any decision was taken. | Fairness required that consultees should be given a proper opportunity to respond to that substantial amount of new material before any decision was taken. |
| 'Tough choices' | 'Tough choices' |
| "There could be no proper consultation, let alone the fullest consultation, if the substance of these two issues was not consulted on before a decision was made," said the judge. | "There could be no proper consultation, let alone the fullest consultation, if the substance of these two issues was not consulted on before a decision was made," said the judge. |
| "There was therefore procedural unfairness and a breach of Greenpeace's legitimate expectation that there would be the fullest consultation before a decision was taken." | "There was therefore procedural unfairness and a breach of Greenpeace's legitimate expectation that there would be the fullest consultation before a decision was taken." |
| The judge granted what he called a "quashing order". | The judge granted what he called a "quashing order". |
| Shadow trade and industry secretary Alan Duncan said: "This is an astonishing ruling. | Shadow trade and industry secretary Alan Duncan said: "This is an astonishing ruling. |
| "What it really says is that the government has been shown up as fundamentally deceitful." | "What it really says is that the government has been shown up as fundamentally deceitful." |
| Liberal Democrat environment spokesman Chris Huhne said: "The judgement really shows you can't perform a 180-degree U-turn on a matter as important as nuclear power without a proper public debate. | Liberal Democrat environment spokesman Chris Huhne said: "The judgement really shows you can't perform a 180-degree U-turn on a matter as important as nuclear power without a proper public debate. |
| "It's a real slap in the face for prime minister's sofa style of government." | "It's a real slap in the face for prime minister's sofa style of government." |
| White paper | White paper |
| And Green Party principal speaker Sian Berry said: "Today's historic result shows that the government have got a fight on their hands. | And Green Party principal speaker Sian Berry said: "Today's historic result shows that the government have got a fight on their hands. |
| "The Energy Review was clearly just a rubber-stamping exercise for a decision the prime minister had already taken." | "The Energy Review was clearly just a rubber-stamping exercise for a decision the prime minister had already taken." |
| The government says its proposals, including building more nuclear plants, will cut carbon emissions by 19 to 25 million tonnes by 2020, compared with projections based on current trends. | The government says its proposals, including building more nuclear plants, will cut carbon emissions by 19 to 25 million tonnes by 2020, compared with projections based on current trends. |
| In January, Mr Blair said it was important to ensure that the UK had a diverse energy supply, including nuclear power. | In January, Mr Blair said it was important to ensure that the UK had a diverse energy supply, including nuclear power. |
| "If we don't get these decisions right, and get them right quickly, we will pay a very heavy price in the future." | "If we don't get these decisions right, and get them right quickly, we will pay a very heavy price in the future." |
| A White Paper is still expected to be published next month. | A White Paper is still expected to be published next month. |