John Gormley (Dublin South East, Green Party)

I gave the representatives all that data and the full suite of technical data which it generated. I also gave them the reports on the ongoing monitoring of the site which has been carried out over the intervening period. These documents are now in the public domain and my Department has arranged with the consultants who produced the 2005 report that they will clarify any technical issues which may be raised.

This information is the total of the reports and investigations of the site arranged by my Department. The 2005 report in particular summarises earlier desktop studies and, more importantly, reports on comprehensive intrusive site investigation which included extensive analysis of soil, water and air, including sub-surface testing for heavy metals. It is important to stress this point. The more recent work on the site was intended to be solely for the purpose of surface clearance. The earlier investigation involved extensive sub-surface investigation.

I base my reassurance to the community on these reports which have indicated no immediate threat to human health or the environment in the locality, while, of course, recognising that this is a problematic site which will ultimately require an extensive and co-ordinated resolution.

The particular issue which arose recently relates to the uncovering by a sub-contractor of sub-surface waste. Sub-surface excavation of waste was not part of the Department's contract with Hammond Lane Metal Company Limited. 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.

This was not acceptable to one of Hammond Lane's subcontractors who expressed concern that liability might accrue to it as a consequence of any impact that 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 also 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 which 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 related to the sub-surface waste, including by letter from the Chief State Solicitor on 23 May 2008, the sub-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.

In light of these recent events, my Department has now re-engaged the consultants to carry out an independent and rigorous assessment of site conditions. This assessment is now under way and will involve analysis of soil, slag, dust, surface and ground water samples for all likely contaminants, including heavy metals such as chromium. The results will be published.

My Department and other relevant agencies are properly engaged in the management of this legacy site in a manner which is consistent with good practice and 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 pursued by the Department.

I have been an environmental campaigner for 26 years. I understand fully the concerns of local people and those of the Deputies opposite. I know they are doing their job in trying to hold the Government to account. I say to those Deputies, genuinely, that I will give them any information they require and I will give the same to any residents who seek it. It may not be sufficient to talk across this Chamber but if the Deputies wish to meet with me to discuss the matter, I am more than happy to oblige them.

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