Máire Hoctor (Tipperary North, Fianna Fail)

The Minister, Deputy Gormley, could not be present this afternoon owing to a prior arrangement. He is in Cork attending a regional seminar on local government reform which was arranged a long time ago. I am happy to deal with the issue and will outline to the Deputies the situation as it stands.

As the Deputies are aware, Irish Ispat went into liquidation in June 2001, having been in difficulty for some time. Initially, the liquidator took over the company's lease on lands and foreshore at Haulbowline Island, Cobh, County Cork. The State, acting through the Department of the Environment, Heritage and Local Government in a co-ordinating role, took over custody of the site from the liquidator in June 2003, as mandated by Government. The mandate required the Department to co-ordinate all legal actions in regard to the site and to cover issues such as ongoing site security, ongoing maintenance, other such issues arising once the site was vacated by the liquidator and also to enable a site investigation to be carried out to determine the best option, environmentally and economically, for site remediation.

Steelworks have operated on Haulbowline since 1939 and at a time when such industrial activities were poorly regulated. Inevitably, the nature of the activity generated very large quantities of hazardous wastes which were dumped on the island in an area which became known as the East Tip. Since 2004 the Department, in complying with its mandate from Government, has co-ordinated all legal actions in relation to the site, carried out a comprehensive site investigation to determine the levels of contamination and remediation-development options at the site, set up ongoing environmental monitoring at established monitoring points, decontaminated and demolished the steelworks buildings and arranged for a site surface clearance contract with Hammond Lane Metal Company Limited. These steps have brought the site to a position where the Government can make an informed decision as to its future use and where a detailed risk assessment of the entire site with recommendations for the appropriate remediation required can be undertaken.

The issue that has arisen relates to the uncovering by a subcontractor of sub-surface waste. Sub-surface excavation of waste was not part of the Department's contract with Hammond Lane Limited. Owing to the potential extent and nature of the waste, a lack of clarity around the minimum works required to remove this waste, the potentially wide range of practical measures that might be necessary to remove the risk of pollution and the fact that the removal or remedial works in a piecemeal fashion might cause environmental pollution, it was the considered view of the Department, following consultations with the Environmental Protection Agency and Cork County Council, that the required course of action in the short term would be to cap the exposed waste with inert slag material. A detailed risk assessment of the entire site will be necessary once it is vacated on completion of the site surface clearance contract and when the Government has decided on the proposed future use of the site.

This was not acceptable to one of Hammond Lane's subcontractors which expressed concern that liability might accrue to it as a consequence of any impact which the disturbed material might cause. By way of reassurance and in the context of the then proximity of the end of the planned surface clearance works, the Department wrote to the contractor on 18 April 2008 advising that the back-filling approach was what was required. It was stated that the management of the area which had been disturbed would fall to be determined by the Government in the context of the pending decision on the overall future of the site and the resultant more comprehensive remediation that might be required. The contractor was also assured that it would not be expected to accept future liability.

Despite these assurances and repeated instructions to stop unauthorised works relating to the sub-surface sludge pit, including by letter from the Chief State Solicitor on 23 May 2008, the contractor refused to leave the site and continued to operate without authorisation and in a piecemeal fashion, causing a potential threat to the environment.

Following legal advice, the contract with Hammond Lane Metal Company Limited was terminated with immediate effect on 30 May 2008, with instructions to vacate the site by 5 p.m. Tuesday, 3 June 2008. The subcontractors still refused to vacate the site and continued to operate without authorisation. They only finally left the site following discussions with the main contractor, Hammond Lane Metal Company Limited, the only company with which the Department had a contractual relationship.

The Department has already employed consultants to advise on any immediate environmental and health and safety issues posed by the unauthorised actions of the subcontractors and officials will be reviewing their proposals over the next few days and acting appropriately to ensure that any necessary steps are taken in the interim, pending a risk analysis of the entire site and determination by Government as to its future use.

The Department is finalising a report to update the Government on the outcome of the extensive site investigation and the interim works carried out since 2004. Decisions by Government on the future use of the site will determine the level and extent of further remediation required.

I assure this House and local residents that the Department and other relevant agencies are properly engaged in the management of this legacy site in a manner that is consistent with good practice and the minimisation of risk to human health and the environment. A coherent overall approach rather than piecemeal action, which could inadvertently cause problems to the local community and the environment, must be taken and that is the objective being pursued by the Minister and his Department.

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