Frequently Asked Questions
Q1. When was the Judicial Review launched?
The Application was lodged with the High Court on February 28 2011.
Q2. Is the application opposed to nuclear power?
This application for Judicial Review is not about opposing nuclear power but about how the Secretary of State failed to carry out his legal duty to ‘justify’ the proposed new reactors by weighing the health detriments of radiation emissions and discharges from nuclear plants against economic and social benefits. The Government is required to do this under UK Regulations which in turn follow the Euratom Directive.
Q3. What would happen if you won?
The Court could either issue a Declaration or a quashing Order, or both. If we won, the Government would need to reconsider its Justification decisions.
Q4. What would be the practical effect if you won? Would the Government have to stop its nuclear plans? For instance, would EdF have to stop its ground-clearing operations at Hinkley Point in Somerset?
The 2004 Regulations state that it is unlawful to introduce a new “practice” without it being justified in advance. Therefore if there were a judicial verdict against the Government’s Justification Decisions, then, legally speaking, it would be unlawful to continue to proceed. In particular, the Government would not be allowed to issue licenses under s. 36 of the Electricity Act 1999.
Q5. Parliament has already passed Regulations bringing the Justification Decisions into legal effect. Can the courts overturn a Parliamentary vote?
If the Justification Decisions were held to be flawed in law, then the Parliamentary votes based on them would also be flawed and therefore invalid.
Q6. What are the next steps?
The Government needs to respond by the end of the month. The papers will then go to a judge, who may order an early hearing.
Q7. Where will the hearing be held?
A procedural hearing will be held on May 12th in Leeds to decide whether the application will proceed to a full judicial hearing on its merits.