John O'Donoghue (Kerry South, Ceann Comhairle)
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I now come to deal with private notice questions to the Minister for the Environment, Heritage and Local Government regarding the presence of toxic waste at the Irish Steel plant, Haulbowline, County Cork. I will call Deputies in the order in which they submitted questions to my office.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We have had several debates on that in the past week or two. As I have stated on a number of occasions, the Government is entitled, under Standing Orders, to send in any representative it wishes in regard to any matter. I call the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Máire Hoctor, to reply.

Máire Hoctor (Tipperary North, Fianna Fail)
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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.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I am anxious that each Member present has an opportunity to pose a supplementary question since each went to the trouble of tabling a Private Notice Question. I will call on Deputies in the order in which I received their questions, with Deputy Sherlock first.

Seán Sherlock (Cork East, Labour)
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Will the Minister of State acknowledge that the projected cost of fully cleaning up the site is estimated to be in the region of €300 million and that this was a determining factor in the Government's decision to send a letter to the contractors on 18 April, as reported in today's Irish Examiner, stating that the required course of action would be to "cap the lagoon with inert slag material (or other such suitable available material), pending a detailed risk assessment of the entire site"? The Government found out how much it would cost to clean up the site and is now seeking to spin the matter in such a way as to suggest that the subcontractors on the site were acting outside their station or ultra vires and is now seeking to put the blame on them. When the Government realised that it had unearthed such a problem, it refused to acknowledge it and sought to cover it up. Its intention, in the first instance, was never to fully assess and continue the works that are necessary on the site.

This is a bombshell to the people who reside in the vicinity of the site. They thought that the Government was acting in good faith when it decided that the Haulbowline site would be cleared. For the Government to state that the contract only covered above-surface works and not sub-surface works is an attempt to cover up the problem that exists from a subterranean point of view. Its intention was never to expend the funds necessary to clean up the site and make it safe for those who reside and work in its vicinity. I ask the Minister to specifically address the point in the letter dated 18 April 2008 because it is the most pertinent point relating to this issue.

Máire Hoctor (Tipperary North, Fianna Fail)
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No such estimate has been reached yet in relation to this site. The future use of the site will determine the nature of the rehabilitation and that has not been determined or even explored. Costs were not the determining factor in this and, as I outlined in my response, the subcontractors were in breach of the contract in the work they were carrying out.

Ciarán Lynch (Cork South Central, Labour)
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Two issues are at stake here, namely, public safety and the possibility of a cover-up. In her response, the Minister of State said that 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. Does that imply that this material was not known about and was discovered by accident? If so, serious concerns arise. This is not a contracting issue, but a matter of public safety and a Government cover-up.

What action has the Minister for the Environment, Heritage and Local Government taken today? He is in Cork city at present attending to Green Party business in advance of next year's local elections. Has he been to Ringaskiddy in his ministerial car? Has he been on the telephone to the Cork county manager and the chief executive of the Environmental Protection Agency and arranged a meeting with them to get this matter in hand? Given his duty of care responsibilities, what plans does he have to reassure the local community and particularly staff working on the Haulbowline site regarding the future of the area and the greater harbour region?

In her reply, the Minister of State referred to a risk assessment but such an assessment was carried out on the site six years ago. What were the contents of that risk assessment? Will the new risk assessment conflict with the one carried out in 2002 and will it give us different information? Were the risks presenting referred to in the report published six years ago? Where did that report go? How accurate was that risk assessment in light of what we read in today's Irish Examiner?

On the "News at One" today, the Minister said he has had difficulties gathering information. This week we witnessed a directive being implemented through a statutory instrument without the Minister coming before the House. The Minister has a raft of options through which he can acquire the information he needs. He can obtain it by circular letter, statutory instrument or directive. There is no excuse for the Minister having difficulties getting information. That is nonsense. The Minister should consider her reply to this particular question. In her response, the Minister of State spoke about how slag heaps are now being put back in. Up to a number of years ago, there were a considerable number of slag heaps on this site. I understand that several hundred tonnes of these were removed to provide the underlay for roadwork programmes. One must ask where this slag has gone, particularly in respect of what is happening today. Is this material in roads in Ireland or somewhere in Europe? Has somebody gone away to examine where this material is located and whether is it safe? In light of the mismanagement and inaccuracy of the health and safety information we received on this matter, this is a matter of importance that needs to be sorted out immediately.

My own contacts in Haulbowline this afternoon have told me that there is no public or information notice there this evening telling members of the Naval Service or civilian staff who work on this site whether it safe for them to go to work tomorrow.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We must move on.

Ciarán Lynch (Cork South Central, Labour)
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That is an appalling situation. These people and the people of the harbour region need to know what is being done and what will happen to their community to ensure they live in a safe environment.

Máire Hoctor (Tipperary North, Fianna Fail)
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The interests of public health and safety are paramount in this issue. This is never called into question. In respect of health and safety, the local authority has acted as the agent on behalf of the Department in the daily carrying out of work on this and monitoring the work of the contractor.

Seán Sherlock (Cork East, Labour)
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The local authority has washed its hands of the matter.

Máire Hoctor (Tipperary North, Fianna Fail)
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The local authority has been a lead agent in this. The EPA has been involved in it.

Seán Sherlock (Cork East, Labour)
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It says it is with the Department of the Environment, Heritage and Local Government.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy must let the Minister of State answer.

Máire Hoctor (Tipperary North, Fianna Fail)
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Does Deputy Sherlock want to hear my answer? They have worked hand in hand on the partnership rehabilitation of this site. We are talking about a site whose future has not been decided. This will be a matter for the Minister and Government at a later stage this year.

In respect of the toxic waste mentioned by Deputy Ciarán Lynch, this waste was exported to Germany at that time. The Deputy also raised the issue of the employees at Haulbowline.

Ciarán Lynch (Cork South Central, Labour)
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Was it used in the building of roads?

Máire Hoctor (Tipperary North, Fianna Fail)
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If there were any risks to human health, the employees would be notified. When the EPA has monitored the situation, there is no difficulties with that.

Ciarán Lynch (Cork South Central, Labour)
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There is no notice at Haulbowline indicating whether it is safe or not.

Máire Hoctor (Tipperary North, Fianna Fail)
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I have just explained that there is no notice because there is no health risk.

Deirdre Clune (Cork South Central, Fine Gael)
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I will ask the Minister of State a succinct question rather than making a long statement. In her opening statement, she said that the Government carried out a comprehensive site investigation in 2004 to determine the levels of contamination at the site. Did that investigation give the full extent of the contamination or have we discovered something new either today in the newspaper or when the German company wrote to the subcontractors telling them that it had uncovered high levels of contamination, including chromium 6? Was that news to the Government or did it know about that in 2004 and the extent of the contamination?

Máire Hoctor (Tipperary North, Fianna Fail)
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The level of contamination overground has been identified but what exists underground and the extent and nature of it have not been clearly quantified.

Simon Coveney (Cork South Central, Fine Gael)
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The Government made clear statements on that years ago.

Deirdre Clune (Cork South Central, Fine Gael)
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This site was in operation for years.

Máire Hoctor (Tipperary North, Fianna Fail)
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This is unfinished work that must be continued on the site.

Deirdre Clune (Cork South Central, Fine Gael)
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The Minister said that the Government carried out a comprehensive site investigation so it was only a surface site investigation that was not comprehensive and did not determine the full level of contamination. That is the nub of the question and a very serious issue. The Government was not aware of the extent of the contamination until such time as contractors went in at the end of the last year.

Máire Hoctor (Tipperary North, Fianna Fail)
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I must remind Deputy Clune that this site was only taken over by the Government five years ago.

Simon Coveney (Cork South Central, Fine Gael)
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Only five years ago?

Deirdre Clune (Cork South Central, Fine Gael)
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The Government paid somebody to carry out a comprehensive site investigation which did not throw up the level of contamination that we now know exists. Was the Government aware in 2004 of the existence of chromium 6, which has been mentioned by the German company, and that this type of contamination was contained in the site?

Máire Hoctor (Tipperary North, Fianna Fail)
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Toxic materials that were on the surface were identified at that time but I repeat what is underneath or the extent of it have not been fully quantified.

Deirdre Clune (Cork South Central, Fine Gael)
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The problem is that this contamination would have been leaking into the waterways. It would have been in the tidal area and there would have been rainfall which would have washed through the site and washed this material into the harbour and environment. It is disgraceful that a full site investigation was not carried out. We now realise that there has only been a skimming of the surface.

Simon Coveney (Cork South Central, Fine Gael)
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We were assured that a full site investigation had been carried out. That is the problem.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Does the Minister of State wish to reply to Deputy Clune? Deputy Stanton is next to speak.

Máire Hoctor (Tipperary North, Fianna Fail)
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A full site investigation at surface level was carried out. The EPA was aware at all times of the work that was carried out.

Deirdre Clune (Cork South Central, Fine Gael)
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That is not a full site investigation.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Minister of State, without interruption.

Máire Hoctor (Tipperary North, Fianna Fail)
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I think we agree that the EPA is extremely stringent in monitoring any potential threats to human safety and life. We have every confidence that human life is being preserved in this and that there is no risk to anybody. However, we know that there must be a long-term plan for this site. That has not be determined yet. Far more work must be done in respect of the full extent of that work and the future use of that site will determine the type of rehabilitation that will be carried out. If it is for residential use in the future, a certain type of rehabilitation material will be used, whereas a different type of use for that particular site might determine a different type of rehabilitation material.

David Stanton (Cork East, Fine Gael)
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How many reports have been carried out on this site before it was taken over by the various Government Departments? It is true that there were at least five reports? If so, will the Minister of State list and publish those reports as soon as possible?

Is the Minister of State certain that all the slag and earth removed from the site has been exported and that none of it has been dumped locally? Could she tell me why a detailed in-depth investigation that went down into the depth of this material did not take place? Could she tell me whether it did take place and, if not, why not? Could she tell me whether there is an aquifer under the site? Could she tell me what she knows about the kind of material on the site? Chromium 6, mercury, zinc and other materials have been mentioned. What is there? Is there leachate from the site? We are told that there are unbounded lagoons. Is there leachate from the site into the harbour? Could the Minister of State assure us of the safety of naval personnel working and living within yards of this site? Is she certain that they are safe? Is there a risk from dust contamination? What is the future for this site? Another report is being finalised. How many reports have been carried out on this and why has it taken so long to reach a conclusion?

Máire Hoctor (Tipperary North, Fianna Fail)
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I am not absolutely certain how many reports were carried out. I understand that at least three were carried out.

Simon Coveney (Cork South Central, Fine Gael)
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For the record, they are saying that five reports were carried out. Is that correct?

Máire Hoctor (Tipperary North, Fianna Fail)
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The previous reports were summarised in the most recent report that was published. All hazardous waste was exported to Germany. The tip area has been there for decades and the Department took it over in 2003. The Government now takes responsibility for it and will consider all the issues. The Naval Service has been kept fully informed of all activities carried out.

David Stanton (Cork East, Fine Gael)
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Are they safe?

Máire Hoctor (Tipperary North, Fianna Fail)
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I have already answered that question in respect of the EPA.

Simon Coveney (Cork South Central, Fine Gael)
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I feel sorry for the Minister of State because she has been put into a position having clearly been briefed over a short space of time and is expected to answer detailed questions which the Minister should answer. All of us representatives from Cork have been involved in this case since the State took it over four or five years ago. Does the Minister of State not accept we received assurances years ago that there were no serious hazardous waste problems with this site, that people in Cobh and Ringaskiddy had nothing about which to worry? Now we are told in a newspaper story that the only work to establish what was happening at the site took place at surface level but anybody with a brain in his or her head knew the problem was underground, where waste material had been buried.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I ask Deputy Coveney to put a question.

Simon Coveney (Cork South Central, Fine Gael)
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What I said was part of a long question. This is a very serious issue at the heart of Cork Harbour. A couple of hundred yards from the site young people sail boats and Ireland's Naval Service headquarters are next door. We are being told the Minister of State knew nothing of what was under the surface for five years after taking over a site that had been a steelworks. Is that the case? Is the Minister of State saying that until recently we knew nothing about what material was under the ground?

The Minister of State said all hazardous waste had been exported to Germany. Has other waste from the site been disposed of in Ireland? If so, where? Given the incompetence that has been shown in this issue, people will not believe the waste disposed of in Ireland is not contaminated.

When did the Minister of State find out that chromium 6 was part of the waste material under Haulbowline? Can she give me a date? Has a Green Party Minister for the Environment, Heritage and Local Government been in office for a year without telling anybody about it? The Minister of State suggests we should come to a conclusion on how to deal with any hazardous material at the site only when we decide what to do with the site. That is a secondary issue. The first issue relates to human health and the environmental pollution of Cork harbour

John O'Donoghue (Kerry South, Ceann Comhairle)
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I remind Deputy Coveney that, in accordance with Standing Orders, I must move the Adjournment Debate at 4.45 p.m.

Simon Coveney (Cork South Central, Fine Gael)
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If that is the case I ask the Minister of State for answers to my direct questions.

Máire Hoctor (Tipperary North, Fianna Fail)
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First, I do not need any sympathy from Deputy Coveney. Second, the immediate problem we are now addressing was caused by the inadequate actions of the contractor.

Ciarán Lynch (Cork South Central, Labour)
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Do not blame the contractor.

Simon Coveney (Cork South Central, Fine Gael)
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The buck stops with the Government. There are 1,000 people living 100 yards from this site.

Máire Hoctor (Tipperary North, Fianna Fail)
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A subcontractor was brought in by Hammond Lane. The site has been properly managed over the years and we believe it has a future. However, it will require consultation with local people, the Department and people who understand waste sites. The EPA has been involved at all times.

David Stanton (Cork East, Fine Gael)
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What has been happening for five years?

Ciarán Lynch (Cork South Central, Labour)
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The Minister of State can run down the clock or she can answer the question. Did she know the material was on site? Did the contractor discover this by accident?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is completely out of order. I ask the Minister of State to proceed.

Máire Hoctor (Tipperary North, Fianna Fail)
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Anybody who knew anything about how Irish Steel worked would have known there was contamination on the site.

Simon Coveney (Cork South Central, Fine Gael)
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The Government stated clearly there was no problem.

Máire Hoctor (Tipperary North, Fianna Fail)
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At no point was it ignored by Government or the Department of the Environment, Heritage and Local Government. The Government took responsibility by taking over the site in 2003. However, the problem arose only when the subcontractor failed to carry out its work according to the compliance standards. The EPA is working with the local authority which is working with the Department on this matter.

David Stanton (Cork East, Fine Gael)
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Was the HSE informed?

Máire Hoctor (Tipperary North, Fianna Fail)
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It is the intention of the Minister to bring forward to Government proposals for the long-term future of the site. In the meantime the Minister has also given a commitment to meet with local residents.

David Stanton (Cork East, Fine Gael)
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Will he meet with us?

Simon Coveney (Cork South Central, Fine Gael)
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What about the questions I asked?