§ 2. Mr. MorganTo ask the Secretary of State for the Environment if he will make a statement on the Lappel bank case before the European Court of Justice. [15488]
§ The Parliamentary Under-Secretary of State for the Environment (Mr. James Clappison)The United 705 Kingdom, with the support of France, has argued its case strongly at the European Court of Justice, and we await the Advocate-General's opinion.
§ Mr. MorganI am grateful for that answer, but does the Minister accept that, if anything, the Lappel bank case teaches us that we have a completely unworkable system of environmental protection, because any Government Department can confer strong environmental protection on bird habitats and then unilaterally withdraw it when it feels like it, and that the only remedy for anyone who wants to contest the withdrawal is to go to the European Court of Justice, which takes ages, costs a fortune and has no powers of injunction to stop work in the interim?
§ Mr. ClappisonI do not accept the premise of the hon. Gentleman's question. Our system is working perfectly well. In the Lappel bank case, while we await the opinion of the Advocate-General, we are mindful of the importance of the port of Sheerness and its continuing viability. On the environmental consequences, the hon. Gentleman should bear it in mind that Lappel bank is only 1 per cent. of the special area of protection in the Medway, which does not contain rare or endangered species. Our system is working well, and the hon. Gentleman would do well to bear that in mind.