Ministers face legal challenge over ‘unlawful’ fracking ban
Energy giant takes on Government
A decision by ministers to ban fracking in scotland is to be challenged in the courts.
ineos, owner of the Grangemouth refinery, yesterday lodged a petition for a judicial review and will argue the move is ‘unlawful’.
The firm, which wants to start fracking in central scotland, has gone to the court of session. its legal action mainly centres on the decision to enforce the ban using planning laws after a series of licences was issued by the UK Government.
The energy giant said it believed there were ‘very serious errors within the decision-making process, including a failure to adhere to proper statutory process and a misuse of ministerial power’.
ineos claimed it and other operators had ‘invested millions over the best part of a decade’ to acquire licences and planning permissions, which are now ‘worthless’. it said it had been left with ‘no option other than to raise this legal challenge’.
The scottish Gover n ment announced its decision to ban fracking in october last year, following a two-year moratorium on new developments. This was despite i t s own research suggesting the gas drilling technique could bring 3,100 jobs and £6.5billion of investment to scotland.
Tom Pickering, operations director at ineos shale, said: ‘The decision in october was a major blow to scottish science and its engineering industry, as well as being financially costly to ineos, other businesses and, indeed, the nation as a whole.
‘ We have serious concerns about the legitimacy of the ban and have applied to the court to ask it to review the competency of the decision to introduce it.’
Pressed on its ‘concerns about the legitimacy of the ban’, Mr Pickering said: ‘Principally they rest on the use of the planning system for the ban. Licences were issued by central government under the scotland Act. it was an approved development against which business was spending money. We don’t think those powers should and can be used in the manner in which they have been.’
He said the scottish Government’s own research found fracking could be done safely, adding: ‘it is a sad day when you believe in scientific and evidence-led decision-making.’
scottish Tory finance spokesman Murdo Fraser said: ‘The snP’s decision to ban fracking is rooted in dogma and ignores the economic benefits it could bring to scotland.
‘This is another day in court for an snP Government which doesn’t t hink its policies through. That’s embarrassing for scotland’s reputation and exposes the a mateurish attitude of the snP.’
But Mary church, head of campaigns at Friends of the earth scotland, said: ‘ ineos’s l egal challenge against the scottish Government’s ban on fracking reeks of desperation from an industry that is failing to get results anywhere in scotland, the UK or elsewhere in europe.
‘We are confident the process to ban fracking was robust and fair.’
energy Minister Paul Wheelhouse said: ‘ We have taken a careful and considered approach to arriving at our preferred policy on unconventional oil and gas in scotland.
‘The scottish Government’s position was endorsed by the parliament and follows detailed assessment of the evidence and a public consultation.’
‘Embarrassing for Scotland’