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Prosecute the sea empress polluters - or we will

14 February 1997

Friends of the Earth announced today that it will bring private prosecutions against those responsible for the Sea Empress oil spill disaster if criminal proceedings are not brought by the official watchdog against all those responsible by April 15th. The ultimatum was issued to the Government's Environment Agency [1] one year after the massive tanker struck rocks outside Milford Haven causing huge environmental damage largely because of a disastrous salvage operation under the supposed direction of the Department of Transport (DoT) [2].

To mark the first anniversary of the disaster and to remind the DoT and the Environment Agency of their obligations in respect of coastal pollution prevention, Friends of the Earth campaigners will this morning (at 10.30 am) empty buckets of shingle contaminated with stinking Sea Empress oil outside the DoT's Marsham Street Headquarters (Great Minster House) and unfurl banners next to the Environment Agency's Swansea office.

Despite the reported failure of emergency plans, the confused chain of command,insufficient provision of people and equipment, the misuse and absence of navigational aids, and despite extensive investigations involving dozens of expert institutions, no company, official body or Government department has yet been brought to book for the country's third largest oil spill ever.

Friends of the Earth believes that all those responsible should be exposed and held accountable, possibly including the DoT. However, there can be little public confidence that this will happen if action is left solely to official agencies. The investigation into the incident is being carried out in secret by the DoT itself [3] jointly with the Environment Agency which has yet to be proved as a determined enforcement agency.

Tony Juniper, Campaigns Director at Friends of the Earth, said:

"It is clear that the grounding of the Sea Empress and the oil pollution that followed were avoidable, but whether those with criminal responsibility for this

disaster will face legal proceedings is another matter. If justice is to be done,then we must have proper enforcement of environmental law. The public has waited patiently for a whole year but still the Environment Agency won't say who is to blame. We are putting them on notice that if they won't prosecute, then Friends of the Earth will."

NOTES TO EDITORS:

[1] See attached letter from Leigh Day, Solicitors for Friends of the Earth. Leading Counsel is Michael Mansfield QC and Sandhya Drew is junior Counsel.

[2] A leaked draft (in the possession of Friends of the Earth) of the Marine Accident Investigation Branch's conclusions into the Sea Empress spill estimates that 2500 tonnes of oil was lost because of the initial grounding (on February 15th) and that from then until the second grounding on February 17th the amount of oil lost was negligible. Whilst there was no deliberate discharge of oil by the salvors, a total of 71800 tonnes of crude oil was lost to the sea. On this basis about 96.5 per cent of the oil (69300 tonnes) was therefore discharged during the salvage operation. The salvage operation was under the supposed direction of the Department of Transport through the Coastguard Agency's Marine Pollution Control Unit.

[3] The Marine Accident Investigation Branch which is responsible for producing the official report on the incident is itself a part of the DoT.

If you're a journalist looking for press information please contact the Friends of the Earth media team on 020 7566 1649.

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Last modified: Dec 2008