John Gormley (Dublin South East, Green Party)

The waste-to-energy plant proposed for the Poolbeg area is being promoted by Dublin City Council, acting on behalf of the four local authorities, and is provided for in the statutory Dublin regional waste management plan already adopted by the local authorities concerned in accordance with the provisions of the Waste Management Act 1996.

The project has received planning permission from An Bord Pleanála and the Planning and Development Act precludes ministerial involvement in individual planning decisions. In addition, the project requires a waste licence which is, under the provisions of the Waste Management Acts, the statutory responsibility of the Environmental Protection Agency. The agency is in the process of making a determination in respect of this matter. Under section 60(3) of the Act, as Minister, I am specifically precluded from exercising power or control concerning an application for a waste licence.

My personal views on this project are a matter of public record, as is the emphasis, which I consider necessary in the context of the Government commitment to a waste review, on minimising waste going to landfill and incineration. However, in public comments I have made as a Minister, I have at all times been respectful of the statutory limitations under which I must act in particular instances and I have never suggested that I possess specific powers concerning this proposed development.

As Minister, I set policy and determine the implementation of policy on waste. I have a range of powers and functions under the waste management legislation which enables me to exercise this role. In particular, I have the power to issue directions on policy, to require changes to waste plans, although this power does not apply retrospectively, and to require the making of by-laws.

I have already signalled a fundamental change in waste and resources policy. This policy change will move the emphasis in waste management up the waste hierarchy. As part of this policy change I am commissioning an international study for the purposes of a waste policy review.

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