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Ineos launches legal challenge against SNP’s effective fracking ban

Paul Wheelhouse
Paul Wheelhouse

Energy giant Ineos is launching a legal bid to overturn the Scottish Government’s fracking ban.

The Grangemouth operators say minsters misused their powers in a flawed process towards effectively outlawing the energy extraction technique.

Tom Pickering, the operations director at Ineos Shale, said they have applied for a judicial review of the decision.

Among the areas which have significant underground reserves of untapped shale gas are around Methil, Kirkcaldy and Rosyth in Fife.

Mr Pickering 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.

“It also removed at a stroke the potential for the country in these uncertain times to secure its own indigenous energy supply.

“We have serious concerns about the legitimacy of the ban and have therefore applied to the court to ask that it review the competency of the decision to introduce it.”

Fracking, also known as hydraulic fracturing, involves drilling into the ground and shooting a mixture of water, sand and chemicals to release gas.

The planning system forbids the granting of consent for the practice, a policy which was confirmed by the Energy Minister in October last year.

Mark Ruskell, a Fife MSP and the Scottish Greens’ energy spokesman, said the move by Ineos is “predictable and desperate”.

“Scotland doesn’t want or need fracking and Ineos should accept they lost the democratic debate in the Scottish Parliament,” Mr Ruskell added.

“The evidence was there to ban fracking and that is what Holyrood has done.”

Mary Church, from Friends of the Earth Scotland, said: “We are confident that the process to ban fracking was robust and fair, and the courts will find against Ineos.”

It would be the latest in a string of government decisions subjected to judicial review, after SNP ministers were taken to court over the Named Person and Minimum Unit Pricing policies.

Murdo Fraser, for the Scottish Conservatives, said another appearance in court for the SNP reveals their “amateurish attitude”.

“The SNP’s decision to ban fracking is rooted in dogma and ignores the economic benefits it could bring to Scotland,” he added.

“Further exploration of shale extraction could also reduce the need for gas imports, and even help relieve fuel poverty.”

Paul Wheelhouse, the Energy Minister, 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 Scottish Parliament in October, subject to completion of a Strategic Environmental Assessment, and follows detailed assessment of the evidence and consultation with the public.”