As Cumbria County Council Withdraw Their Support for the Coal Mine, We Expose the Public Inquiry as a “Farce”

Theatre Farce (Petrov-Vodkin)

We have called upon Tim Farron MP to ask that Government scrap the farcical Public Inquiry and puts an immediate Block on the Secretive WCM Coal Authority Licences.

Dear Tim,

As the only MP in the County strongly opposing the coal mine you will no doubt share Radiation Free Lakeland’s delight that the County Council has withdrawn its support for the mine and will not now provide any witnesses or evidence to the public inquiry (scheduled for September). 

As nuclear safety campaigners we have long held the belief that we had far more likelihood of persuading the Council to overturn their approval than government who have such vested interests in West Cumbria Mining’s expertise with regards the Critical National Infrastructure project of deep ‘disposal’ of heat generating nuclear wastes.

We now know the public inquiry is a farce.  A farce because the County Council’s decision to approve the mine no longer exists.  A farce because government have appointed the existing coal mine CEO and former Head of Operations to the Delivery of Geological Disposal of Heat Generating Nuclear Wastes with the Irish Sea area adjacent to the coal mine being in the frame. A farce because the government could stop its virtue signalling and actually scrap the coal mine tomorrow by blocking the developer’s application for new Coal Authority licences.  New secretive licences which the public are being refused sight of and have no idea what they contain.

It is now more clear than ever that the enormous expense of a public inquiry could be spared.  The Secretary of State for Business, Energy and Industrial Strategy, Kwasi Kwarteng MP could put his ‘coal mine should be blocked’ words into action and put the kaibosh on renewal of the developer’s licence to drill.   The letter below asking for an immediate block on the licence to drill has been signed by organisations as diverse as the  Ethical Consumer Research Association, CND and the Sea Horse Trust.  Leading academics have also signed along with Whitehaven locals who are concerned amongst other things about the enormous ground water withdrawal that this mine would abstract from a named geological fault.  Our letter recieved no media attention (in contrast to blanket coverage of the letter from  organisations focussing narrowly on climate), this disparity is we believe because our letter “outs” the Government’s vested interests in West Cumbria Mining and exposes the scandalous recklessness and cronyism regarding nuclear safety.   Asking the public to pay for an expensive inquiry into a coal mine whose CEO is employed by Government as a nuclear waste advisor, a coal mine which is guaranteed to flout climate and nuclear safety and would end up being a stranded asset (ready to morph into an entirely different asset?)  at a time of austerity is scandalous.  The mine could be stopped today.

The public inquiry is a farce and should be halted with the immediate blocking of Coal Authority licences for West Cumbria Mining.  If this does not happen Government should come clean on its vested nuclear waste interests regarding West Cumbria Mining’s expertise.

Correspondence below with BEIS indicates deliberate obfuscation by Government over their role in protecting WCM interests at the expense of any social licence for the development or public scrutiny.
Thank you for your continued opposition to the coal mine which is far more dangerous than the sum of its parts.

We would like to ask that Government now scraps the farcical Public Inquiry and puts an immediate Block on the Secret WCM Coal Authority Licences. Any help you can give us in achieving this “Big Ask” would be so very much appreciated.

Yours Sincerely

Marianne Birkby
on behalf of Radiation Free Lakeland


Letter 

29.3.21

To the Rt Hon Kwasi Kwarteng Secretary of State for BEIS

BLOCK THE CUMBRIA COAL MINE’S LICENCE TO DRILL


I am writing to you again on behalf of nuclear safety group Radiation Free Lakeland.  We were the first to call out the proposed coal mine development in Cumbria and remain unequivocally opposed to the plan on both climate and nuclear safety grounds so we were delighted to hear your statement that there are “very compelling reasons” to block the mine.

BEIS ARE RESPONSIBLE FOR THE COAL AUTHORITY

The position of Secretary of State grants the wherewithal to put these words into action and to actually block the coal mine by ordering the Coal Authority (who report to BEIS) not to renew or extend existing conditional licenses or grant new unconditional licences to the developers West Cumbria Mining whose licence to drill has now lapsed.

BLOCK THE COAL MINE, SAVE THE PUBLIC PURSE EXPENSIVE PUBLIC INQUIRY

This would save the public purse the huge expense of a public inquiry and send a strong message to the UK and our international neighbours that BEIS is committed to both climate and nuclear safety.  

THIS IS NOT “ANYWHERE” IT WOULD BE FIVE MILES FROM SELLAFIELD

While the significant climate impacts of this coal mine would be exactly the same anywhere else in the UK, this coal mine is not just anywhere in the UK. The mine would be largely subsea off the West Coast of Cumbria, would extend to within five miles of the world’s riskiest nuclear waste site and be directly under a massive nuclear waste dump known as the Sellafield Mud Patch.  Sellafield has been pumping eight million litres of  “low level” radioactive discharges into the Irish Sea every day. It been doing that for decades and nuclear wastes still continue to arrive in West Cumbria.  The nuclear waste discharge pipeline out to the Irish Sea is in constant use.  The coal mine developers say there would be “expected subsidence” of the Irish Sea bed.   Recent reports (attached) have indicated this would most likely result in the resuspension of decades worth of Sellafield’s radioactive wastes now largely immobilised in the Irish Sea bed.  Radioactive wastes including plutonium would be resuspended back into the water column, to ours and to neighbouring shores.  The one thing not to do with a radioactive waste dump is disturb it.

EIGHT YEARS SINCE THE COAL AUTHORITY/BEIS RUBBERSTAMPED ORIGINAL CONDITIONAL LICENCE TO DRILL EXPLORATORY BOREHOLES.  NEW EVIDENCE

The world has changed since the Coal Authority issued West Cumbria Mining with conditional licences 8 years ago.  Eight years ago there was no public scrutiny as the Coal Authority was permitted to issue licences above the heads of the public and Cumbrian councillors.   Eight years on and many miles of subsea ‘exploratory’ mining boreholes and core samples later, questions of climate and nuclear safety are being asked about this coal mine.  Despite the controversy the Coal Authority have replied directly to us saying that there would be no public consultation into issuing West Cumbria Mining with new licences to drill, this is outrageous.    

APPOINTMENT OF COAL BOSS TO GOVERNMENT ADVISOR ON NUCLEAR DUMP

As well as being under decades of Sellafield’s discharged nuclear wastes the mine itself would be adjacent to the area being promoted as a possible Geological Disposal Facility for heat generating nuclear wastes under the Irish Sea.  BEIS’s wide ranging responsibilities include the provision of and management of the Committee on Radioactive Waste Management (CoRWM). The CEO of the coal mine Mark Kirkbride has been appointed by BEIS to CoRWM (Nov 2019) to advise government on ‘Delivery”  of a Geological Disposal Facility (GDF).  The proposed coal mine  would make a void of 136 Million square metres.  What destabilising impact would this have on the laterally neighbouring rocks Radioactive Waste Management (advised by CoRWM) tell us are “Possible” for a GDF 

PUBLIC INQUIRY WOULD LIKELY BE LIMITED IN SCOPE – THERE ARE QUESTIONS SUCH AS COAL AUTHORITY/BEIS INVOLVEMENT IN HANDING OVER OF HAIG COLLIERY FOR £1 TO COAL MINE DEVELOPERS

These questions (and more) should, but are not likely to be within the remit of a forthcoming public inquiry focussing on planning rather than issues of governance and nuclear safety.  The public have already paid out £millions for this coal mine, to be precise,  £2.5 Million in Heritage Lottery Funds for the Haig Colliery Museum which was then handed over to the developers for £1 (courtesy of the Coal Authority handing the developers a pre-emption right).   

As Secretary of State responsible for the Coal Authority you could ensure that the public do not have to foot the bill yet again, this time for a public inquiry into a coal mine that should have been scrapped yesterday. Tomorrow would be a good day to order the Coal Authority not to issue West Cumbria Mining with licence to drill.  By taking this action the coal mine would be blocked and the expense of a public inquiry prevented.  

LEADING CUMBRIAN COUNCILLORS HAD ALREADY CHANGED THEIR MINDS AND VOTED NO.  A NEW APPRAISAL BY COUNCIL IS NOW SUPERCEDED BY PUBLIC INQUIRY

Leading Cumbrian Councillors had already reassessed their former support for the mine and voted “no.”  Through this No vote they have voiced their opposition alongside leading academics, scientists,  politicians, the public and many organisations.   We urge you to honour the wishes of leading Cumbrian councillors and the millions of people represented by this letter and block this coal mine. The reasons for doing so are not just “compelling” they are overwhelming.  

The mine could be stopped tomorrow and the buck stops with BEIS.

Yours sincerely,

Marianne Birkby, founder of Radiation Free Lakeland
Keep Cumbrian Coal in the Hole – a RaFL campaign
Brian Jones, Vice Chair, CND Cymru
Jo Smoldon on Behalf of Stop Hinkley
Jonathon Porritt,
Rebecca Heaton Cooper, The Heaton cooper studio, Grasmere
Terry Bennett, Emeritus Professor, Nottingham University
Kate Hudson, General Secretary, Campaign for Nuclear Disarmament
Anita Stirzaker, Bowness business owner
Alison Denwood, George and Dragon Public House, Harrington, West Cumbria
Harry Doloughan, Whitehaven
Simon Burdis, Northern England, family carer
Philip Gilligan, South Lakeland and Lancaster District CND
Dave Webb, Chair, Campaign for Nuclear Disarmament
David Smythe, Emeritus Professor of Geophysics, University of Glasgow
Dr Paul Dorfman, UCL Energy Institute
Dr Rachel Western
Postcards from Cumbria – artists collectiveDavid and Una Hatton, Wigton, Cumbria,
Sarah J Darby BSc DPhil Associate Professor, Environmental Change Institute, University of Oxford
Samagita Moisha, Lancaster. Concerns for nuclear safety presented to Cumbria CC at both committee hearings
Tim Deere-Jones, Marine Research & Consultancy
Joan West, Cumbria and Lancashire Area CND
Martin Kendall, Resident High Walton, Near Whitehaven
Oliver Tickell, journalist and campaigner
Irene Sanderson, North Cumbria Campaign for Nuclear Disarmament
Walter Bennett, I am 90 years of age, born in Frizington, Cumberland, son of a coal miner, (former Director responsible for Technology in an International Company)
Dr Carl Iwan Clowes OBE, Fellow Royal College of Physicians Faculty of Public Health, Honorary Fellow of the Royal College of General Practitioners
Mag Richards, WANA, the Welsh Anti-Nuclear Alliance
Ian Ralls, Anti-Nuclear Campaigner
Neil Wilson, Life Long Conservationist, Hodbarrow Mine Action to the Royal Courts of Justice
London Greenpeace, Core Participant within Undercover Policing Public Inquiry (Spycops)
Richard Bramhall, Low Level Radiation Campaign
David Penney, Coordinator, Cumbria and Lancashire Area CND
Martyn Lowe, Close Capenhurst Campaign
Andrew Warren, former special advisor to the House of Commons environment select committee.
Neil Garrick-Maidment FBNA, Executive Director and Founder, The Seahorse Trust
Christine Gibson, Keep it Green, Northern Ireland

Mark Jennings, West Cumbria Water (Save our water services}
David Dane, Veteran Campaigner

Rob Harrison, Ethical Consumer Research Association.

References 

BEIS Ministerial Responsibility for the Coal Authority

“Ministerial responsibility 11. The Secretary of State for Business, Energy and Industrial Strategy is accountable to Parliament for the activities and performance of the Authority and it is proposed that any new Minister with responsibility for the Authority will carry out a visit to the Authority within six months of taking up appointment to learn about the role of the Authority and its functions. Typically, we would expect the chair and chief executive to meet with the minister at least annually. 12. Specific responsibilities include:  approving the Authority’s overall strategic objectives and the policy and performance frameworkwithin which the Authority operates (as set out in this framework document and associated documents  keeping Parliament informed about the Authority’s performance  approving the amount of grant-in-aid/grant/other funds to be paid to the Authority, and securing Parliamentary approval  carrying out responsibilities specified in the Act including appointments to the board, determining the terms and conditions of board members, consenting to the appointment of the, approval of terms and conditions of staff (Including pay) in accordance with the latest pay guidance  laying of the annual report and accounts before Parliament”

Sellafield Radioactive Discharge on the Irish Sea Bed directly beneath the coal mine plan and question of ‘Who is Responsible for Safety of the Discharged Nuclear Wastes?’  is subject to complaint being dealt with by the Information Commissioner
https://www.whatdotheyknow.com/request/responsibility_for_discharged_ra

Coal Authority Licences https://keepcumbriancoalinthehole.wordpress.com/2021/01/18/do-not-rubber-stamp-new-coal-authority-licenses-for-cumbria/

6th Climate Budget   https://www.theccc.org.uk/publication/sixth-carbon-budget/     note the Climate Change Committee is appointed by BEIS 

British Geological Society Lack of Testing in West Cumbria https://www.whatdotheyknow.com/request/west_cumbria_mining_abstraction#incoming-1625582

British Geological Society Lack of Testing in Bangladesh https://www.iwapublishing.com/news/arsenic-contamination-groundwater-bangladesh-environmental-and-social-disaster

Who is Responsible for Radioactive Waste on the Irish Sea Bed – Call from Nuclear Free Local Authorities NFLA troubled by the UK Communities Minister not ‘calling in’ the decision over a deep underground coal mine in West Cumbria

Haig Colliery and Mining MuseumReturn of final meeting in a creditors’ voluntary winding up https://find-and-update.company-information.service.gov.uk/company/04914614/filing-history

West Cumbria Mining’s documents detailing how assets worth £millions bought for £1would be protected from creditors

24 Nov 2020Registration of charge 071433980002, the document can be found here  https://find-and-update.company-information.service.gov.uk/company/07143398/filing-history


The steel industry will soon have little use for Cumbrian coal

https://www.businessgreen.com/opinion/4027666/steel-industry-soon-little-cumbrian-coal

Letter from the Coal Authority (who are a BEIS authority)  to Radiation Free Lakeland

.”This site currently has 3 conditional licences which have been in place since 2013/14. A conditional licence allows coal exploration and would need to be replaced by a full licence in order for coaling to begin. On 18th January 2021 date West Cumbria Mining Ltd applied to extend the end dates of 2 of these conditional licences (UND/0184 & UND/0177). They were due to expire on 24th January 2021 but they will remain in place until the application to extend them has been determined. No exploratory works will be undertaken during this time. The application will take approximately 3 months to determine. If the conditional licences were extended the operator would still need to apply for one or more full coaling licences before coaling can begin. When the conditional licence extension application has been determined the outcome will be posted on our website: https://www.gov.uk/government/publications/coal-mining-licenceapplications.

note: the Coal Authority later confirmed there would be no public consultation or scrutiny over the issuing of new licences to drill for West Cumbria Mining.  The public are not being allowed sight of the new licence appliations from West Cumbria Mining

Evidence Sent to the Public Inquiry – Please Send Your Own in Before May 6th

Dear Friends,

below is our evidence to the public inquiry – please do feel free to use this as inspiration for your own letters to the Planning Inspectorate.

Our evidence is not a full list by any means – for example we havn’t mentioned the re-routing of the Wainwright Coast to Coast or the fact that this area is the last breeding place of in England of the black guillemot.

In conclusion we have said :

Radiation Free Lakeland strongly urge the Planning Inspector to consider issues which he may initially have felt were outside the scope of this Inquiry but which have been central to our concerns from the outset. Issues including nuclear safety and drinking water quality.  Issues which may in the final analysis be of even more overwhelming concern than climate impacts.   Nuclear impacts would be catastrophic for the immediate and long term future and viability of not only Cumbria’s health and safety but the health and safety of our neighbouring countries.  Our final thought is to leave the image of our first thought upon seeing West Cumbria Mining’s vision of the coal mine.  It looks uncannily similar to the view of the Chernobyl sarcophagus and for those living in the shadow of Sellafield looks like the threat of a nuclear sacrifice zone rather than a promise of a “green mine.”   

We urge the Planning Inspector to overturn Cumbria County Council’s approval for this uniquely dangerous coal mine.

Please do write to the Planning Inspectorate, include your name and address and write before May 6th to this address, if you would like to speak at the inquiry please do let the Planning Inspectorate know.

Email: inquirydocuments4@planninginspectorate.gov.uk
Quote reference ‘APP/H0900/V/21/3271069
By post. (please send 3 copies written in black if possible)
Letters can be sent to:
Ms Elizabeth Humphrey
The Planning Inspectorate
Room 3/J Kite Wing
Temple Quay House
2 The Square
Bristol, BS1 6PN

Our full letter is below – please do use for inspiration for your own letters to the Planning Inspectorate

on behalf of Radiation Free Lakeland

References:

(1) GDF plan halted 2013 https://mariannewildart.wordpress.com/2013/02/06/eddie-martins-speech-to-cabinet-on-30th-january/

(2). Keekle Head  https://www.whitehavennews.co.uk/news/17139603.protesters-argue-against-the-burial-of-low-level-n-waste/

(3) Legal Challenge https://www.crowdjustice.com/case/cumbriancoal2/

(4) Leigh Day Judicial Review granted permission https://www.leighday.co.uk/latest-updates/news/2020-news/cumbrian-campaign-group-granted-permission-for-judicial-review-of-county-councils-approval-of-coal-mine/#:~:text=Campaign%20group%2C%20Keep%20Cumbrian%20Coal,the%20UK%20to%20be%20built.&text=On%2020%20June%202019%2C%20Leigh%20Day%20wrote%20to%20Cumbria%20County%20Council.

(5)

(6) Copy attached  of Final Judgement between Marianne Bennett and Cumbria County Council and West Cumbria Mining 18/08/2020

(7) “Despite the applicant declaring on the company website that the raw material has very low ash and moderate sulphur levels, the key coking characteristics reflected in the current set of conditions are already and generously set high, at 8% for ash and 1.25% for sulphur.  The applicant now requests to relax this to 9% and 2% respectively but is not offering a credible reason why this is necessary”.  https://keepcumbriancoalinthehole.wordpress.com/2020/06/15/another-excellent-letter-of-objection-to-the-coal-mine-plan-write-today/

(8) Anhydrite mine  https://copeland.moderngov.co.uk/documents/s7511/West%20Cumbria%20Mining%204-17-9007-0F2.pdf

(9) Potential for Contamination of Egremont boreholes used by UU as potable drinking water source for parts of West Cumbria (Appendix 12-9 Response to EA Comments by ESI Consulting – attached)

(10) “This group is dedicated to improving the water quality in West Cumbria and has been created as a result of the recent introduction of borehole water into our supply which many feel is unsatisfactory to say the least”. .https://www.facebook.com/groups/253953375095270/

(11) Groundwater monitoring at Sellafield https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/705993/Groundwater_Monitoring_at_Sellafield_-_Annual_Data_Review_2016.pdf

“workers repairing the leak were asked to sign a non-disclosure agreement, preventing them from discussing the details of the work, however Sellafield has denied this. The spokesman said: “We have been open and transparent about this incident. We have kept our regulators and stakeholders informed throughout and published details on our website on 18 November.” Last month there was another leak in the older part of the site and work is due to take place in the new year. Sellafield said: “The current suspected leak is in an inaccessible part of the building, which is underground. 

https://www.in-cumbria.com/news/18052483.radioactive-fluid-leaking-sellafield-silo/

(12) Byerstead Fault questions asked of the EA and BGS https://www.whatdotheyknow.com/request/west_cumbria_mining_abstraction_2

(13) Troubled Waters  https://mariannewildart.wordpress.com/2017/09/29/request-for-a-question-in-parliament-on-cumbrias-troubled-waters/amp/

(14) Citizen Science – Radioactive Beaches https://electricityinfo.org/news/sellafield-103/

(15) A briefing paper by Tim Deere-Jones. WEST CUMBRIA MINING: WOODHOUSE COLLIERY PROPOSAL RADIOLOGICAL IMPLICATIONS of POTENTIAL SEABED SUBSIDENCE SEISMICITY & “FAULT RE-ACTIVATION” beneath The CUMBRIAN MUD PATCH: INDUCED BY “MASS REMOVAL”, RAPID EXTRACTION & VOID SPACE CREATION.  https://issuu.com/wildart/docs/west_cumbria_mining_-_radiological_implications_of

(16)  Cronyism https://www.lakesagainstnucleardump.com/post/hot-nuclear-waste-and-duff-high-ash-high-sulphur-coal-for-steel-top-trump-cronies

(17)  Coal Authority https://keepcumbriancoalinthehole.wordpress.com/2021/01/29/developers-ask-coal-authority-for-license-to-drill-tell-kwasi-kwarteng-to-veto-the-diabolic-plan-or-at-least-call-for-a-public-consultation/

(18)   CUMBRIA, NUCLEAR WASTE, A GEOLOGICAL ‘DISPOSAL’ FACILITY (GDF) AND THE PROPOSED COAL MINE PETE ROCHE NUCLEAR FREE LOCAL AUTHORITIES ENGLISH FORUM 5TH MARCH 2021 https://www.nuclearpolicy.info/wp/wp-content/uploads/2021/03/Cumbria_Coal_GDF_PR.pdf

(19) enclosed The Pit and the Polar bear – comic book.

What is the Public Inquiry For? – The Developer Has Submitted Secretive New Applications for New Coal Authority Licences.

Haig Mining Museum and Land Bought for £1 by West Cumbria Mining on the “Colourful Coast”

We are asking for two things.  Firstly for the Secretary of State for BEIS Kwasi Kwarteng MP to acknowledge that he has the authority to block new licences/variations to existing licences for the Cumbrian coal mine and to use that authority to stop the Coal Authority licences and this coal mine dead in its tracks. This would save the public the huge expense of a Public Inquiry.   If the Secretary of State for BEIS / the Coal Authority are minded to approve the licences for what now amounts to an amended development then what on earth is the point of the public inquiry founded on the previous licences?

Secondly, to let the public actually have sight of the developer’s new licence applications. If the licences are exactly the same as previously then why cannot we have sight of them?

The Public Inquiry is asking the public to comment on a development which has changed the goal posts. The public has no idea what the developers have now applied for within their new licence applications (we do know they want to drill 1000 m deeper than the deepest coal seam).

Here is some correspondence below with many thanks to local expertise!

Please do keep on signing and sharing our new petition to BLOCK THE COAL LICENCES and save the expense of a public inquiry. https://you.38degrees.org.uk/petitions/block-new-coal-licences-for-cumbria

Our Reply to BEIS  A response to your recent enquiry – Ref: TOSL2021/10724

20th April 21 by email

BEIScorrespondence@beis.gov.uk

Dear Ms Huish,

Thank you for your letter dated 19 April 2021 sent on behalf of the Secretary of State in response to our email to him dated 29 March 2021. The apology for the delay in responding is unnecessary as it hopefully reflects the serious nature of the subject matter and the consideration that was given to it. That said, the response is quite unhelpful as the content simply duplicates the standard wording of correspondence from the Coal Authority on the same subject. You may be aware in this regard that the Coal Authority has refused to supply us with a copy of the West Cumbria Mining (WCM) variation request on the grounds, firstly, that it prejudices the company’s commercial interests and, secondly, because the CEO of the company has refused his permission for them to respond positively. Your response also misrepresents somewhat the situation with regard to the powers of the Secretary of State and the relevance of the planning application with regard to coal industry license applications. The essence of the WCM application is that they are seeking a second extension to two of their three licenses. These have already exceeded the normal maximum of eight years without any consideration of introducing competition, as required by law. It has little or nothing to do with planning permission or the division of responsibility between government departments.

In light of the above, we would like to draw to your attention the relevant clauses in the principal legislation that empowers the Secretary of State and restricts the Coal Authority in matters such as these. The first is Article 6 of the Coal Industry Act 1994. This is written in such a broad way as to give the Secretary of State the power, if he is so minded, to call in all available information from the Coal Authority, form his own opinion and then direct the Coal Authority to decide accordingly. This is to all intents and purposes the power to call in. The second is Article 5 of the same Act which, inter alia, states that the Coal Authority does not have power to take any steps for the benefit of another for obtaining planning permission. In this regard the delaying steps being taken by the Coal Authority are consistent with the tenor of your letter but not with Clause 5 of the relevant legislation. We would therefore hope the Secretary of State recognises this and chooses to exercise his power to intervene in order to protect the Coal Authority from erring further. Naturally, in light of his widely publicised statements on this project, on coal in general and his response to the recent parliamentary debate on the future of coal, we hope he will refuse to extend the licenses. In summary, the WCM planning application is not a material factor in determining both of the license variation requests and particularly the inshore area license.

The Secretary of State may find it helpful to be reminded that the citizen opposition to this highly speculative financial project, with its Australian origins and controllers, is made up of at least three strands. The most public strand is, of course, that articulated by those concerned about worldwide climate change and the mixed messages currently being projected by the UK government. Secondly, I speak for many who have concerns at the grave risk to nuclear safety around the licensed nuclear sites at Sellafied and Drigg that the mine and its influential CEO are introducing. The third strand relates to the topical issue of cronyism and financial suspicions that come from the ten year relationship between the CEO and the former Energy Minister Charles Hendry (who in office was keen to “accelerate” Geological Disposal of nuclear wastes), the contracted involvement of New Century Media Ltd and the obscure funding chain routed via funds in Singapore and the Cayman Islands. When these strands come together they really do make a compelling case for refusing these licence variations without waiting for the Planning Inspectorate to act on behalf of another Secretary of State.

In conclusion, we request that you review the above and provide us with a more thoughtful response to our initial email but, if you disagree with our understanding of the legal position, would you kindly explain why that is?

Kind regards

Marianne Birkby on behalf of Radiation Free Lakeland / Keep Cumbrian Coal in the Hole

No Need for Expensive Public Inquiry – Just Block Licence to Drill Say Leading Organisations

St Bees, where the coal mine would extend to.  Sellafield is five miles away, clearly visible.

A public inquiry into the Coal Mine has been scheduled for September.  The enormous expense of a public inquiry could be spared if the Secretary of State for Business, Energy and Industrial Strategy, Kwasi Kwarteng MP put his ‘coal mine should be blocked’ words into action and put the kaibosh on renewal of the developer’s licence to drill.   The letter asking for an immediate block on the licence to drill has been signed by organisations as diverse as the  Ethical Consumer Research Association, CND and the Sea Horse Trust.  Leading academics have also signed along with Whitehaven locals.  Asking the public to pay for an expensive inquiry into a coal mine that is guaranteed to flout climate and nuclear safety and would end up being a stranded asset at a time of austerity is bonkers – the mine could be stopped today.

Here is the letter sent on Friday…

29.3.21

To the Rt Hon Kwasi Kwarteng Secretary of State for BEIS

BLOCK THE CUMBRIA COAL MINE’S LICENCE TO DRILL


I am writing to you again on behalf of nuclear safety group Radiation Free Lakeland.  We were the first to call out the proposed coal mine development in Cumbria and remain unequivocally opposed to the plan on both climate and nuclear safety grounds so we were delighted to hear your statement that there are “very compelling reasons” to block the mine.

BEIS ARE RESPONSIBLE FOR THE COAL AUTHORITY

The position of Secretary of State grants the wherewithal to put these words into action and to actually block the coal mine by ordering the Coal Authority (who report to BEIS) not to renew or extend existing conditional licenses or grant new unconditional licences to the developers West Cumbria Mining whose licence to drill has now lapsed.

BLOCK THE COAL MINE, SAVE THE PUBLIC PURSE EXPENSIVE PUBLIC INQUIRY

This would save the public purse the huge expense of a public inquiry and send a strong message to the UK and our international neighbours that BEIS is committed to both climate and nuclear safety.  

THIS IS NOT “ANYWHERE” IT WOULD BE FIVE MILES FROM SELLAFIELD

While the significant climate impacts of this coal mine would be exactly the same anywhere else in the UK, this coal mine is not just anywhere in the UK. The mine would be largely subsea off the West Coast of Cumbria, would extend to within five miles of the world’s riskiest nuclear waste site and be directly under a massive nuclear waste dump known as the Sellafield Mud Patch.  Sellafield has been pumping eight million litres of  “low level” radioactive discharges into the Irish Sea every day. It been doing that for decades and nuclear wastes still continue to arrive in West Cumbria.  The nuclear waste discharge pipeline out to the Irish Sea is in constant use.  The coal mine developers say there would be “expected subsidence” of the Irish Sea bed.   Recent reports (attached) have indicated this would most likely result in the resuspension of decades worth of Sellafield’s radioactive wastes now largely immobilised in the Irish Sea bed.  Radioactive wastes including plutonium would be resuspended back into the water column, to ours and to neighbouring shores.  The one thing not to do with a radioactive waste dump is disturb it.

EIGHT YEARS SINCE THE COAL AUTHORITY/BEIS RUBBERSTAMPED ORIGINAL CONDITIONAL LICENCE TO DRILL EXPLORATORY BOREHOLES.  NEW EVIDENCE

The world has changed since the Coal Authority issued West Cumbria Mining with conditional licences 8 years ago.  Eight years ago there was no public scrutiny as the Coal Authority was permitted to issue licences above the heads of the public and Cumbrian councillors.   Eight years on and many miles of subsea ‘exploratory’ mining boreholes and core samples later, questions of climate and nuclear safety are being asked about this coal mine.  Despite the controversy the Coal Authority have replied directly to us saying that there would be no public consultation into issuing West Cumbria Mining with new licences to drill, this is outrageous.    

APPOINTMENT OF COAL BOSS TO GOVERNMENT ADVISOR ON NUCLEAR DUMP

As well as being under decades of Sellafield’s discharged nuclear wastes the mine itself would be adjacent to the area being promoted as a possible Geological Disposal Facility for heat generating nuclear wastes under the Irish Sea.  BEIS’s wide ranging responsibilities include the provision of and management of the Committee on Radioactive Waste Management (CoRWM). The CEO of the coal mine Mark Kirkbride has been appointed by BEIS to CoRWM (Nov 2019) to advise government on ‘Delivery”  of a Geological Disposal Facility (GDF).  The proposed coal mine  would make a void of 136 Million square metres.  What destabilising impact would this have on the laterally neighbouring rocks Radioactive Waste Management (advised by CoRWM) tell us are “Possible” for a GDF 

PUBLIC INQUIRY WOULD LIKELY BE LIMITED IN SCOPE – THERE ARE QUESTIONS SUCH AS COAL AUTHORITY/BEIS INVOLVEMENT IN HANDING OVER OF HAIG COLLIERY FOR £1 TO COAL MINE DEVELOPERS

These questions (and more) should, but are not likely to be within the remit of a forthcoming public inquiry focussing on planning rather than issues of governance and nuclear safety.  The public have already paid out £millions for this coal mine, to be precise,  £2.5 Million in Heritage Lottery Funds for the Haig Colliery Museum which was then handed over to the developers for £1 (courtesy of the Coal Authority handing the developers a pre-emption right).   

As Secretary of State responsible for the Coal Authority you could ensure that the public do not have to foot the bill yet again, this time for a public inquiry into a coal mine that should have been scrapped yesterday. Tomorrow would be a good day to order the Coal Authority not to issue West Cumbria Mining with licence to drill.  By taking this action the coal mine would be blocked and the expense of a public inquiry prevented.  

LEADING CUMBRIAN COUNCILLORS HAD ALREADY CHANGED THEIR MINDS AND VOTED NO.  A NEW APPRAISAL BY COUNCIL IS NOW SUPERCEDED BY PUBLIC INQUIRY

Leading Cumbrian Councillors had already reassessed their former support for the mine and voted “no.”  Through this No vote they have voiced their opposition alongside leading academics, scientists,  politicians, the public and many organisations.   We urge you to honour the wishes of leading Cumbrian councillors and the millions of people represented by this letter and block this coal mine. The reasons for doing so are not just “compelling” they are overwhelming.  

The mine could be stopped tomorrow and the buck stops with BEIS.

Yours sincerely,

Marianne Birkby, founder of Radiation Free Lakeland
Keep Cumbrian Coal in the Hole – a RaFL campaign
Brian Jones, Vice Chair, CND Cymru
Jo Smoldon on Behalf of Stop Hinkley
Jonathon Porritt,
Rebecca Heaton Cooper, The Heaton cooper studio, Grasmere
Terry Bennett, Emeritus Professor, Nottingham University
Kate Hudson, General Secretary, Campaign for Nuclear Disarmament
Anita Stirzaker, Bowness business owner
Alison Denwood, George and Dragon Public House, Harrington, West Cumbria
Harry Doloughan, Whitehaven
Simon Burdis, Northern England, family carer
Philip Gilligan, South Lakeland and Lancaster District CND
Dave Webb, Chair, Campaign for Nuclear Disarmament
David Smythe, Emeritus Professor of Geophysics, University of Glasgow
Dr Paul Dorfman, UCL Energy Institute
Dr Rachel Western
Postcards from Cumbria – artists collectiveDavid and Una Hatton, Wigton, Cumbria,
Sarah J Darby BSc DPhil Associate Professor, Environmental Change Institute, University of Oxford
Samagita Moisha, Lancaster. Concerns for nuclear safety presented to Cumbria CC at both committee hearings
Tim Deere-Jones, Marine Research & Consultancy
Joan West, Cumbria and Lancashire Area CND
Martin Kendall, Resident High Walton, Near Whitehaven
Oliver Tickell, journalist and campaigner
Irene Sanderson, North Cumbria Campaign for Nuclear Disarmament
Walter Bennett, I am 90 years of age, born in Frizington, Cumberland, son of a coal miner, (former Director responsible for Technology in an International Company)
Dr Carl Iwan Clowes OBE, Fellow Royal College of Physicians Faculty of Public Health, Honorary Fellow of the Royal College of General Practitioners
Mag Richards, WANA, the Welsh Anti-Nuclear Alliance
Ian Ralls, Anti-Nuclear Campaigner
Neil Wilson, Life Long Conservationist, Hodbarrow Mine Action to the Royal Courts of Justice
London Greenpeace, Core Participant within Undercover Policing Public Inquiry (Spycops)
Richard Bramhall, Low Level Radiation Campaign
David Penney, Coordinator, Cumbria and Lancashire Area CND
Martyn Lowe, Close Capenhurst Campaign
Andrew Warren, former special advisor to the House of Commons environment select committee.
Neil Garrick-Maidment FBNA, Executive Director and Founder, The Seahorse Trust
Christine Gibson, Keep it Green, Northern Ireland

Mark Jennings, West Cumbria Water (Save our water services}
David Dane, Veteran Campaigner

Rob Harrison, Ethical Consumer Research Association.

References 

BEIS Ministerial Responsibility for the Coal Authority

“Ministerial responsibility 11. The Secretary of State for Business, Energy and Industrial Strategy is accountable to Parliament for the activities and performance of the Authority and it is proposed that any new Minister with responsibility for the Authority will carry out a visit to the Authority within six months of taking up appointment to learn about the role of the Authority and its functions. Typically, we would expect the chair and chief executive to meet with the minister at least annually. 12. Specific responsibilities include:  approving the Authority’s overall strategic objectives and the policy and performance frameworkwithin which the Authority operates (as set out in this framework document and associated documents  keeping Parliament informed about the Authority’s performance  approving the amount of grant-in-aid/grant/other funds to be paid to the Authority, and securing Parliamentary approval  carrying out responsibilities specified in the Act including appointments to the board, determining the terms and conditions of board members, consenting to the appointment of the, approval of terms and conditions of staff (Including pay) in accordance with the latest pay guidance  laying of the annual report and accounts before Parliament”

Sellafield Radioactive Discharge on the Irish Sea Bed directly beneath the coal mine plan and question of ‘Who is Responsible for Safety of the Discharged Nuclear Wastes?’  is subject to complaint being dealt with by the Information Commissioner
https://www.whatdotheyknow.com/request/responsibility_for_discharged_ra

Coal Authority Licences https://keepcumbriancoalinthehole.wordpress.com/2021/01/18/do-not-rubber-stamp-new-coal-authority-licenses-for-cumbria/

6th Climate Budget   https://www.theccc.org.uk/publication/sixth-carbon-budget/     note the Climate Change Committee is appointed by BEIS 

British Geological Society Lack of Testing in West Cumbria https://www.whatdotheyknow.com/request/west_cumbria_mining_abstraction#incoming-1625582

British Geological Society Lack of Testing in Bangladesh https://www.iwapublishing.com/news/arsenic-contamination-groundwater-bangladesh-environmental-and-social-disaster

Who is Responsible for Radioactive Waste on the Irish Sea Bed – Call from Nuclear Free Local Authorities NFLA troubled by the UK Communities Minister not ‘calling in’ the decision over a deep underground coal mine in West Cumbria

Haig Colliery and Mining MuseumReturn of final meeting in a creditors’ voluntary winding up https://find-and-update.company-information.service.gov.uk/company/04914614/filing-history

West Cumbria Mining’s documents detailing how assets worth £millions bought for £1would be protected from creditors

24 Nov 2020Registration of charge 071433980002, the document can be found here  https://find-and-update.company-information.service.gov.uk/company/07143398/filing-history


The steel industry will soon have little use for Cumbrian coal

https://www.businessgreen.com/opinion/4027666/steel-industry-soon-little-cumbrian-coal

Letter from the Coal Authority (who are a BEIS authority)  to Radiation Free Lakeland

.”This site currently has 3 conditional licences which have been in place since 2013/14. A conditional licence allows coal exploration and would need to be replaced by a full licence in order for coaling to begin. On 18th January 2021 date West Cumbria Mining Ltd applied to extend the end dates of 2 of these conditional licences (UND/0184 & UND/0177). They were due to expire on 24th January 2021 but they will remain in place until the application to extend them has been determined. No exploratory works will be undertaken during this time. The application will take approximately 3 months to determine. If the conditional licences were extended the operator would still need to apply for one or more full coaling licences before coaling can begin. When the conditional licence extension application has been determined the outcome will be posted on our website: https://www.gov.uk/government/publications/coal-mining-licenceapplications.

note: the Coal Authority later confirmed there would be no public consultation or scrutiny over the issuing of new licences to drill for West Cumbria Mining.

Public Inquiry MUST Include Nuclear Impacts

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Public Inquiry MUST Include Nuclear Impacts

Great news that Robert Jenrick the Communities Secretary of State has called in the coal mine plan for a public inquiry. This must be a no holds barred inquiry which includes nuclear impacts and vested nuclear interests of government rather than the limited Punch and Judy show we have witnessed so far. We will be lobbying government to ensure nuclear impacts are given at least equal status to climate impacts within the scope of the inquiry. Terms of Reference for this public inquiry MUST include Nuclear.

This is the press release from our lawyers Leigh Day

“Communities Secretary Robert Jenrick wrote to Cumbria County Council to say he has decided to “call in” the application, saying it raised issues of “more than local importance”.

A public inquiry would explore the arguments put forward by both supporters and opponents of the proposal by West Cumbria Mining.

The move has been welcomed by campaign group, Keep Cumbrian Coal in the Hole (KCCH) who brought a judicial review into the application two years ago.

Following the judicial review, campaigner Marianne Bennett claimed vindication after West Cumbrian Mining submitted a revised planning application.

Instead of 15 per cent of the mined produce being a type of non-metallurgical coal, known as “middlings” coal, the revised planning application was to only process premium metallurgical coal in a simplified, cheaper-to-construct mine proposed for the site of the former Marchon Chemical Works.

Following the announcement of a public inquiry into the proposed mining operation, Leigh Day solicitor Rowan Smith, who represented Marianne Bennett in her application for judicial review, said:

“This is extremely welcome news for the climate. However, if it had not been for the legal challenge brought by our client two years ago, which argued that the coal mine was incompatible with the Net Zero Target and forced the Council to think again, then construction would have already been underway by now. The Government should acknowledge this publicly and thank the campaign for what it has achieved.”

Marianne Bennett the founder of the nuclear safety group Radiation Free Lakeland whose Keep Cumbrian Coal in the Hole campaign was the first to call out this coal mine on nuclear and climate grounds said:

“The Government U-turn on a public inquiry is brilliant news, provided the inquiry also offers a further opportunity for the nuclear impacts of the proposal to be looked at again, given the development will take place under decades of Sellafield’s radioactive wastes and just five miles from the world’s riskiest nuclear waste site. We will be calling for that scrutiny to happen alongside the climate change issues.”

The public inquiry was announced after environment campaigners also warned that the go-ahead for the mine would have undermined the Government’s green credentials as it prepared to host the Cop26 international climate change summit in Glasgow later this year.

Friends of the Earth climate campaigner Tony Bosworth said it was “a startling, but very welcome U-turn by the Government”, reported Press Association.

He added: “Planning permission must be refused: ending coal use, whether for power generation or for industry, is crucial for facing down the climate emergency.

“It was not possible for the Government to maintain, as it claimed only two months ago, that this was just a matter of local importance and the decision will now rightly be taken at national level.”

The announcement came after the council said last month it would reconsider the application by West Cumbria Mining to mine for coking coal for use in steel production.

The move prompted the company to announce that it was lodging papers with the High Court to begin its own judicial review proceedings.

The application was first submitted in 2017 and had already been considered three times by the council’s planning committee without it reaching a final outcome.

Mr Jenrick said he had taken into account the latest recommendations of the Climate Change Committee for the sixth carbon budget which will set legal limits for emissions between 2033 and 2037.

His letter states: “The Secretary of State considers that this application raises planning issues of more than local importance, and further considers that the limbs of the call-in policy relating to potential conflict with national policies … and substantial cross-boundary or national controversy are satisfied.”