Lewis Smith, Philip Webster and Christine Buckley
Download 'Too Hot', an exclusive Specials track from iTunes
Ministers vowed yesterday to press ahead with a new generation of nuclear power stations despite an embarrassing rebuff from the courts for a key part of Tony Blair’s legacy.
Alistair Darling, the Trade and Industry Secretary, bowed to a High Court ruling that the Government’s process of consulting the public and interested groups was “seriously flawed”.
Mr Justice Sullivan ruled in favour of Greenpeace against the Government over the decision to back the construction of up to ten nuclear generators. He said that the Department of Trade and Industry had acted unlawfully because it had failed to keep its promise to carry out the “fullest consultation” before reaching a decision.
Mr Darling promised a new round of public consultation over the future of nuclear energy. He said that it seemed best to accept the court’s verdict but to put the process of building more nuclear power plants “back on track” as soon as possible.
The ruling was a blow to the Government and led to renewed criticism of the way that key decisions have been taken under Mr Blair. He has been accused of deciding issues with his advisers and only then presenting them to Parliament and the public.
Despite the setback, it became clear yesterday that Mr Blair and ministers have no intention of being swayed from their view that new nuclear stations will be necessary. The Prime Minister had publicly backed nuclear energy as a low-carbon solution to meet Britain’s energy demands.
Shortages are possible from as early as 2017 because of the number of ageing nuclear and other power stations that are being put out of commission.
By 2020 an estimated 30 per cent of present capacity, amounting to about 25 giga-watts, is expected to have been shut down and the Government has pinned its hopes on nuclear generators making up the shortfall. Ministers remain committed to increasing renewable energy but believe that it would not be enough to make up for lost capacity.
The feasible alternative to nuclear power, they argue, is conventional coal and gas-burning stations, but they produce huge quantities of carbon dioxide, which is held largely responsible for global warming.
In his ruling Mr Justice Sullivan said the consultation exercise held before last year’s Energy Review had been “manifestly inadequate” and “procedurally unfair”. He said: “Something has gone clearly and radically wrong.”
The consultation document, he said, contained no actual proposals and the information given to the public was “wholly insufficient for them to make an intelligent response”.
Alan Duncan, the Shadow Trade and Industry Secretary, described it as “an astonishing ruling” that highlighted how the Government’s approach to consulting with the public had been “fundamentally deceitful”.
Chris Huhne, the Liberal Democrat environment spokesman, said it was a “real slap in the face for the Prime Minister’s sofa style of government”.
Greenpeace activists were ecstatic and said that the judgment would force the Government to rethink its approach to public consultations.
It remained unclear how much delay the ruling would cause, with DTI officials hinting that rather than take place before the energy White Paper any new proposals would be contained within it. Nevertheless, there were concerns that businesses and investors would lose confidence in the Government’s handling of the issue.
Mike Parker, chief executive of the Nuclear Industry Association, said that new nuclear power was the best option to tackle climate change. “We still face increasing insecurity in our energy supplies and rising greenhouse gas emissions. What this ruling may do, however, is to delay action to deal with these problems.”
The ruling could hamper the efforts of British Energy, Britain’s main nuclear generator, to find partners including private equity to work on projects because of the lack of clarity.
Richard Lambert, director-general of the CBI, was dismayed by the ruling because he is concerned that delays will damage attempts to ensure the country has enough power. “Energy security is one of the most vital issues facing the country so proper consultation is vital — but so too is early action,” he said. “The last thing we need is further hold-ups.”
And a spokesman for British Energy said: “We’re very disappointed in today’s ruling although this must not detract from the fact that the country is facing a forthcoming and very serious energy gap.”

Sam Coates's blog about Westminster, politics and spin
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
Why was a consultation necessary? Have I missed something? Has some rule or legislation been passed preventing the building of new nuclear power stations?
Surely anyone with £1.5-2Bn to invest can apply for planning permission tomorrow. Not really sure what the problem is. Nuclear is clean and has least environmental impact per Mw. The laws of phyisics determine there is no free ride. Nothing is free. Everything has an impact. Common sense and sound engineering judgement should determine a balance energy policy
Decommissioning & Environmental Engineer, Lancaster,
Surely the question is whether the Government was legally obliged to carry out the fullest possible public consultation before taking a decision on the building of new nuclear power stations? And if so did it do so? The answer that has come out is that the Energy Minister and DTI acted illegally in not carrying out the required consultation. Regardless of where one stands on the issue of nuclear power, every right minded citizen should be enraged that the Government tried to get away with treating us with such obvious contempt in relation to an issue that will have an impact not only on all our lives, but also on those of our children, grandchildren and great grandchildren. I would suggest that the only real way to ensure that there is the fullest consultation, where citizens views are really taken into account, would be through holding a national referendum on the issue. But that would probably be an anathema to our great leader's style of government.
Keith boxer, Manchester, UK
Nuclear or not is unclear. What is clear is that government treats us with contempt before and after the ruling. "Tony knows best" is not government but dictatorship by egotwerp - to coin a phrase.
bill abbotts, Cambridge, UK
I agree with Nick Platt that the judiciary should have no jurisdiction over whether we have nuclear power.
Even this disreputable government can and should take the decision and if the public do not like it then vote them out at the next election.
I am actually in favour of nuclear power rather than the half baked crackpot schemes put forward by Greenpeace
Thomas Ralphs, Leigh, Lancashire
It is time that the Green lobby realised that of all the non renewables, Nuclear power is the cleanest and that the safety and disposal of waste can be sorted with the will to do it. Un fortunately the renewables cannot produce enough power for the foreseeable future and therefore we will require some carbon neutral generators. Nuclear power is the answer and it is time now that the decision has to be made.
Surely the decision is for the people as represented by our members of parliament and not the judiciary
Nick Platt, Newtown, Powys
Alastair Darling and Blair still talk of building nuclear power stations to meet an energy gap in 2020. In practical terms, one or two could be built by then.
But closing of existing nuclear stations and also some old coal-fired stations is happening much sooner. The power supply gap hits in about 2014.
The industry knows this and should not let the Labour government quite irresponsibly ignore it.
New fossil fuel stations would run up against our CO2 target. What can come soon enought to fill the "gap" ? Waste combustion is minor. Biomass plant can contribute in part. But energy from the sea is the major option, with tidal current turbines and wave power devices in significant numbers from 2010 (www.marinet.org.uk) additional to off-shore wind power. Schemes like the mega tidal barrage on the Severn, however, cannot meet the 2014 el-gap.
Max Wallis, Cardiff, Wales UK
And a spokesman for British Energy said: Were very disappointed in todays ruling although this must not detract from the fact that the country is facing a forthcoming and very serious energy gap.
I believe you and not the politicians. You are on the target. The politicians for votes promise us many moons and stars thrown in as a bonus. The end result. We have no energy to fight back.
Firozali A.Mulla MBA PhD, Dar-Es-Salaam, Tanzania
All that has happened is that we shall have to wait even longer to ensure our power supplies are adequate. Neither the Government (through inadequate consultation) nor Greenpeace (believing wind etc: power is the real answer-peak demand is on hot and cold windless days, so the capital cost of 2 parallel systems will make us a very uncompetitive country), have done us any favours.
Just get on with it.
James, Sevenoaks, England
When will the environmental crackpots realise that 'alternative energy' is not a viable alternative?
This is one issue that the P.M. must lead on. If he leaves us with nothing else, this could perhaps be part of a worthwhile legacy.
stuart turner, bristol,
Am I alone in worrying at the increasing role of the judiciary in our policy making process. We live in a parliamentary democracy and judges are unaccountable. Whatever my views on the issue, we elect governments to govern and hold them to account. Had they not consulted at all, would a judge have had any purchase in the matter? And where is Parliament in all this?
John Barnes, Etchingham, UK
I cannot understand the huge U-turn that most Labour policiticians have made when their position from the 80s is taken into account - and that was based on what to do with nuclear waste.
Funny how tthat now hey have all jumped on the low-carbon band-wagon, that the nuclear waste issue has now been brushed under the carpet.
I find it unsettling as well that on the one hand we are being told that we are now at a greater risk of terrorist attack and then on the other that we are to greatly expand the number of nuclear reactors in the country, thus providing far more targets.
Russell Bonser, Moseley, Birmingham,
Good for you Mr. Minister. Nuclear is the only way as far as we can see. We live on our boat and are more or less self sufficient - solar panels. But, no one else is on land.
Jennifer J, RoatanHonduras,
To allow Greenpeace or any similar anti-develoment lobby group to dictate your country's energy policy through a Court of Law spells disaster.
The ruling of a single Judge will no doubt be appealed as he ,as Judges in Ayustralia often do, may be expressing a personal view couched within his findings.
Governments,in my opinion, are voted in to run the country not to seek popularity with the electorate.Who in the United Kingdom needed nuclear energy explained to them again?
Hopefully the Government does carry on with it's plans to increase nuclear energy and rejects Sllivan's findings.
grant watt, glenning valley, NSW Australia
Sir, in response to the Courts ruling on the public consultation on nuclear power Tony Blair stated (BBC radio 4) It will affect the process of consultation but it wont affect policy. What then is the point of public consultation? If the policy has already been formed then the consultation is a mockery. This arrogance and contempt for public opinion is the hallmark of this government and Blair in particular.
Graham Rock, Taunton, Somerset
Congratulations! It will be nice when a similar court rule will demand a full review of the lacking scíentific basis relating to the the "Greenhouse Gas Hypothesis". There is 50 times more water vapour in the atmosphere than carbon dioxide.
The variations of "Greenhouse Gases" are mostly caused by water vapour gas variations and these do not depend on humans. There is no way to implement a proper future energy policy in England or EU until judges are investigation false claims on scientific basis by IPCC.
Hans Jelbring , Stockholm, Sweden