Legal action taken over French ship (From The Northern Echo)

Legal action taken over French ship

8:38am Thursday 4th September 2008

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THE Health and Safety Executive (HSE) is to face legal action over its decision to allow Able UK to scrap the asbestosladen French naval carrier, the Clemenceau.

The HSE granted the Hartlepool firm an exemption earlier this year to import the estimated 700 tonnes of asbestoscontaminated material in the vessel.

At the time, local environmental group the Friends of Hartlepool complained it had not been properly consulted over Able’s application for an exemption.

Jean Kennedy, of the group, said it was taking legal action against the HSE to prevent the ship being brought to the UK. She said: “The HSE has made a special exception to allow this toxic ghost ship and its deadly cargo into our local community.

“We feel that it is a deep injustice to force a small town, which has already disproportionately suffered the ill-effects of polluting industries and has one of the highest cancer rates in the UK, to accept France’s toxic waste.”

Phil Shiner, founder of Birminghambased Public Interest Lawyers, which is bringing the case on behalf of the group, said it had requested that the High Court consider the case as a matter of urgency.

An expedited hearing could take place at the Royal Courts of Justice later this month.

Mr Shiner, who represented three Hartlepool residents who successfully challenged Able’s ship-scrapping plans in the High Court in 2003, said: ‘‘This challenge raises significant public-interest environmental issues and is a case where the HSE has clearly failed to follow its own policy on granting exemptions to health and safety legislation.

‘‘When the facilities exist in France to dispose of the toxic waste aboard the Clemenceau, the HSE has a duty to consider the alternatives before allowing the ship and its carcinogenic cargo to be imported and disposed of in communities across the North-East.”

A spokeswoman for the HSE said: ‘‘We can confirm that the exemption decision has been challenged, but the HSE cannot comment further until after the matter has been heard.’’ Able UK had agreed a deal with the French Ministry of Defence for the Clemenceau and hoped to begin towing it to the UK last month. However, since then there has been no word on the arrival of the vessel.

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