John Gormley (Dublin South East, Green Party)

I move amendment No. 1:

To delete all words after "Dáil Éireann" and substitute the following:

"—noting the very significant investment which is provided for under the National Development Plan 2007-2013 in further developing modern integrated waste management infrastructure and services so as to meet national and EU policy objectives and targets;

noting also the record levels of recycling now being achieved and resulting in EU targets being met ahead of schedule and welcoming in particular the significant funding already made available by the Government to co-fund the dramatic expansion in recycling infrastructure which has facilitated the achievement of these targets;

recognising the strong commitment in the Government's policy programme to a waste management hierarchy based on the cornerstones of reduction, re-use, recycling and marketing of recycled products;

further noting the Government's commitment to a broader approach to identifying the technologies best suited to achieving a more sustainable approach to waste management rather than placing a heavy reliance on incineration as an alternative to landfill for final disposal, and in particular the commitment to carry out a review of the existing statutory waste management plans;

taking cognisance of the legal restrictions which the Oireachtas has necessarily imposed on Ministerial involvement in projects which are before the independent statutory physical planning and environmental licensing processes;

reaffirms the national commitment to the waste hierarchy and endorses the Government's commitment to supporting the development of the recovery and disposal technologies which produce the most positive environmental outcome, while in particular achieving the targets set by the EU landfill directive".

I thank the Deputies opposite for their good wishes and acknowledge the presence in the Visitors Gallery of residents of Ringsend and Sandymount. I live with my family in Ringsend and my position as a public representative for Dublin South-East and a local resident in regard to the Poolbeg incinerator project is well known, entirely consistent and second to none. However, I address the House as Minister for the Environment, Heritage and Local Government and in that capacity must act under and be respectful of restrictions placed on me by primary legislation enacted by the Oireachtas. The motion tabled by the Fine Gael Party cites one of the statutory provisions under which I operate but conveniently ignores another. Notwithstanding the power available to me under section 24(c) of the Waste Management Act, there is also a very clear limitation of my powers under section 30 of the Planning and Development Act 2000 which states: "the Minister shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned". In the light of this provision it would not be appropriate for me to comment on or interfere with this case which is before An Bord Pleanála. The Opposition knows this.

I have been critical of a certain former Minister on this side of the House but he was not the Minister for the Environment, Heritage and Local Government. I am.

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