Willie O'Dea (Limerick East, Fianna Fail)

In June 2007, I was asked by the Minister for the Environment, Heritage and Local Government, if the Defence Forces would provide explosives for use in the disposal of a number of hydrogen cyanide cylinders in the possession of a private company and for a site on which they could be disposed of safely.

The disposal of commercial hazardous waste is not a matter for the Department of Defence or the Defence Forces. The involvement of the Department of Defence and the Defence Forces in this particular matter is solely in response to a specific request for assistance from the Department of Environment, Heritage and Local Government. That assistance is conditional on compliance with all planning, environmental and public health and safety legislation. A full legal indemnity in favour of my Department has also been sought from South Dublin County Council. The question of payment has not been raised by my Department as its role arises in response to a request from the Department of the Environment, Heritage and Local Government. Any recoupment of costs in this instance is a matter for South Dublin County Council.

Officials from my Department and representatives from the Defence Forces have participated in discussions on this matter together with representatives of a number of State authorities and agencies including South Dublin County Council, the Department of Environment, Heritage and Local Government, Wicklow County Council, the Garda Síochána, the Health Service Executive, and the Health and Safety Authority. All these bodies are working together to develop a plan to remove and dispose of the material in a safe and responsible manner. South Dublin County Council, as the relevant local authority in this matter, has lead responsibility.

Local authorities have substantial powers under the Waste Management Act 1996, as amended, to enable them to tackle problems associated with the disposal of waste. Under section 55 of the Act, a local authority has the power to order as it sees fit measures to be taken in the disposal of waste. Section 56 also empowers local authorities directly to take appropriate actions to prevent or limit environmental pollution caused by waste.

South Dublin County Council proposes to use its statutory powers under section 56 of the Act to arrange for the safe disposal of the cylinders. As the lead agency, South Dublin County Council is responsible for the development and implementation of the disposal plan together with the public information and awareness process. In this regard, a fully risk assessed plan has been developed and is being independently risk assessed for South Dublin County Council.

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