A legal challenge to the imminent government decision in favour of a new generation of nuclear power stations is inevitable, according to the cabinet minister in charge of the process.
John Hutton, the business secretary, told the Financial Times a threatened application for a judicial review "was always going to happen. I don't think there's any surprise in that." But he rejected claims by the Liberal Democrats and green campaigners that a second government consultation on the issue has been a "sham", with the decision to go ahead with nuclear already taken.
"It's one of those decisions that does now need to be taken . . . we don't have the luxury of time. But we have tried our hardest to mount a full and proper consultation and consider all responses," Mr Hutton said. "It's up to us to make sure we can survive a [legal] challenge."
The government will this month publish the results of its consultation, followed shortly by the energy bill. The announcements will give the official green light for new nuclear stations to be built, a move ministers consider a prerequisite for meeting targets on climate change and energy security. Sites for new nuclear construction have already been identified and a number of energy companies have signalled their enthusiasm for the multi-billion pound project. A new legal framework for nuclear energy will be created, with the planning bill allowing big infrastructure projects to be fast-tracked and the energy bill setting up a fund for industry levies to meet future waste disposal costs.
But the strategy for smoothing the introduction of new plants could be derailed if the government loses another court challenge on the issue. Greenpeace last year won a judicial review, with a ruling that the government's consultation on energy policy had been "very seriously flawed" forcing ministers into a second round of consultation. The environmental pressure group has signalled its intent to seek a second judicial review, warning the government that a decision to go ahead would be "unlawful" because the latest consultation is also "flawed and in some respects seriously misleading".
The Department for Business insisted the second round of consultation had been "an open, fair and full process". The government is understood to have taken extensive advice to try to "bullet-proof" the eventual decision against an adverse legal ruling.
Mr Hutton stressed to the FT the extent of the second round of consultation, saying it had provoked more than 2,500 responses "all of which had to be considered in the proper way". The final decision will be announced this month, "no doubt about that". Mr Hutton said.
Copyright The Financial Times Limited 2008
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