Energy giant Total could be prosecuted in a Scottish court over the Elgin platform gas leak.
The UK Government’s Department for Energy and Climate Change (Decc) confirmed last night it was preparing to investigate the incident. We are dealing with the incident as a priority at the moment,” a Decc spokesman said yesterday. “Once that incident is under control, an investigation will be launched.
“We can’t speculate at this stage about what the outcome of that investigation will be.”
Prime Minister David Cameron is being kept up to date with developments on the leak, which started at lunchtime on Sunday.
A Downing Street spokesman said: “The prime minister has been briefed on what remains a very serious situation in the North Sea. We are obviously pleased that the platform was successfully evacuated. Decc are in close contact with Total so we can be clear what actions they intend taking.”
Scottish legal expert Paul Arnell, of Aberdeen’s Robert Gordon University, said that if the Decc investigation uncovered evidence of pollution, then a case could be brought against Total.
“Scottish criminal law generally extends to offshore installations. The question is what offence or offences may have been committed,” he said.
“As there have been no injuries or deaths it appears that no offences have been committed.
“However, there are various environmentally-related crimes which, in essence, criminalise certain acts of pollution. Dependent upon the magnitude of the leak, perhaps Total could be accused of committing such a crime.”
Rival company Shell has been told it will be reported to the procurator fiscal over its Gannet Alpha oil spill last year. More than 200 tonnes of light crude spewed into the North Sea in August from a leak in a pipeline, 112 miles east of Aberdeen.
Shell was accused of playing down the incident after it initially said 120 barrels had been spilled and later admitted it had been 1,300 barrels.
The operator is still awaiting the outcome of an investigation into the spill, but Chris Huhne, who was energy minister at the time, confirmed a full report would be sent to the procurator fiscal.