Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 37: To ask the Minister for the Environment, Heritage and Local Government the sites that are subject to investigation and report by his Department that require remediation; the date he was first informed of each site in each case; the action plan in respect of each site; the financial outlay by the State to bring each site back to safe standards; and if he will make a statement on the matter. [27785/08]

John Gormley (Dublin South East, Green Party)
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The State, acting through the Department of the Environment, Heritage and Local Government in a co-ordinating role, took over custody of the former Irish Ispat site from the liquidator in June 2003. This position is an exceptional one in that the Department has been directed by a specific Government decision to have responsibility for the care and maintenance of this specific site and this is the only such site currently subject to any investigations or reports by my Department. The standing Government position is that Ministers are responsible for the implications of their own policy areas and programmes, including any associated land and property holdings.

The mandate required my Department to co-ordinate all legal actions in relation to the site and to cover issues such as ongoing site security, ongoing maintenance and other issues arising once the site was vacated by the liquidator and to enable a site investigation to be carried out to determine the best option, economically and environmentally for site remediation.

During that period the Department 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 the site surface clearance contract with Hammond Lane Metal Company.

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 costs associated with such appropriate remediation will depend on the Government decision on the future use of the site.

In regard to the question of any other site in the country, my Department does not compile or maintain a list of such sites which could relate to any contaminated land. With regard to landfill remediation under the Waste Management Acts, the statutory responsibility for landfill remediation lies with the local authorities and statutory responsibility for national hazardous waste management planning rests with the EPA which has prepared a national hazardous waste management plan. Section 60(3) of the Act precludes me as Minister from exercising power or control over a matter for which the agency or local authorities have statutory responsibility.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I thank the Minister for his reply. I find it amazing that he does not have information about any other sites around the country apart from Haulbowline, which his Department is directly involved in. That particular revelation showed that the Minister was very proactive in reassuring people at the time that there was no risk to public health. Even when my colleague, Deputy Stanton, and others revealed that a baseline study was required into the increased cancer rate in Cobh, he appeared to have no difficulty in coming forward with that information or meeting residents' groups about these matters.

Since the revelations about Haulbowline has the Minister asked the EPA or his Department about any other potential sites around the country of a toxic nature that might present a risk to public health and require remediation and an action plan? In the event, have costs been devised for such areas?

John Gormley (Dublin South East, Green Party)
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The Deputy is right in pointing out that I met the residents. I made all the information available very rapidly. If the Deputy assesses the situation, he will find that, without disparaging previous Ministers, I did more about this matter in a very short time than previous Administrations. The reports that have been made available are in the Library, as the Deputy knows. People made much of the fact that there were five previous reports. They are all available in the Library and are all on CD.

My Department took responsibility for this site in 2003. The Deputy is asking me now to take responsibility for sites all over this country. There may well be such sites elsewhere, but they are not my responsibility. I can imagine that many of our old mines could pose difficulties with remediation, but they are not the responsibility of my Department. As much as the Deputy would like me to have responsibility for many things, I am not responsible for those sites.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Deputy Gormley is Minister for the Environment, Heritage and Local Government and, like all of us, I know he has an interest in ensuring the protection of the environment. I am aware that he can get the information needed through the local authority system. His Department officials can ring the local authorities and assemble such a list. However, it is clear that he has no interest whatsoever in doing that.

Terence Flanagan (Dublin North East, Fine Gael)
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Hear, hear.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Otherwise, he would take an interest in this matter and would be able to give us the information today. I understand the EPA has no list of such toxic dumps that may exist throughout the country. We can only speculate, but in the absence of the information the Minister refuses to give me today, I believe it is disingenuous of him to say he cannot get it in view of the fact that he could assemble all the facts about Haulbowline. Will the Minister say what core sampling and testing was carried out in the Haulbowline case in particular? Where were the samples tested before the State took over the site and after the revelations that came through his Department in the past few weeks? What is the testing process so that we may ensure that a bona fide problem exists, which can be resolved?

Will the Minister give an undertaking to the House to compile a list of potential difficulties to public health in various sites around the country? Will he instruct his Department officials to get such a list from the EPA, and the local authorities immediately to determine what the risk to public health is, if any?

John Gormley (Dublin South East, Green Party)
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The Deputy appears to be contradicting himself because——

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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No, I am not.

John Gormley (Dublin South East, Green Party)
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——-when he spoke there he asked me to contact the EPA. He has now revealed, if I understand him correctly, that the EPA does not have this information.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I asked the EPA today and the Minister could, equally, have asked.

John Gormley (Dublin South East, Green Party)
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The Deputy has just said he does not have the information, yet he is asking me to contact the EPA. I have gone through a number of the documents dating back to 1995. My preliminary assessment at this stage is that a previous Government, which comprised Fine Gael and the Labour Party, did not cover itself in glory as regards this site.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I am asking the Minister about——

John Gormley (Dublin South East, Green Party)
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I know the Deputy does not want to hear this.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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We shall answer for that.

John Gormley (Dublin South East, Green Party)
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I know he does not want to hear it, but I am just giving him the truth. As regards the White Young Green study carried out in 2005, an extensive, intrusive site investigation was undertaken at the time, which indicated no evidence of immediate threat to human health or the environment, and they are best suited in determining the best way forward in securing the site from an environmental and health and safety viewpoint. That is the way we are proceeding. I got them on site immediately. Not only that, but as I said to the Labour Party Deputies here last evening, the residents requested that any analysis undertaken should be subject to a peer review. I was happy to accommodate the residents in that regard so that they may be assured that the methodology for any analysis carried out is up to best international practice.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Will the Minister give an undertaking to the House that there is no risk to public health, in his view and that of his Department, from any other hazardous site in the country?

John Gormley (Dublin South East, Green Party)
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To suggest that I can give a clean bill of health to every single site in the country is ridiculous.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Minister was able to do it for Haulbowline.

John Gormley (Dublin South East, Green Party)
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In the case of Haulbowline, I was able to get the analysis. I will not lead people up the garden path.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Minister can get the information, however.

Joanna Tuffy (Dublin Mid West, Labour)
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Question 38: To ask the Minister for the Environment, Heritage and Local Government the latest information available to him regarding any threat to human health or life, animal or marine health or life, or the environment arising from contaminated waste at the Haulbowline site in County Cork; the steps he is proposing to take to deal with any such threat; the plans for the safe disposal of the contaminated waste; and if he will make a statement on the matter. [27806/08]

John Gormley (Dublin South East, Green Party)
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The environmental challenge presented by the former steelworks on Haulbowline did not manifest overnight. It is the legacy of an industrial past. For many years the steelworks were a significant employer in the Cork area and an important part of the local economy. The site has the potential once again to contribute to the economic and indeed social life of the area. First, however, the legacy issue must be addressed.

Since 2003 my Department has had responsibility for the management of the facility on an interim basis pending a decision by Government on the future use of the site. This has included enabling a site investigation to be carried out to assist the Government in determining the best option, environmentally and economically, for its future use.

In light of the situation created by the unauthorised actions of contractors on the site, I have moved to address the more immediate, very understandable and legitimate concerns of the local community. I have made available the entire report on the 2005 site investigation, including the full suite of technical data which it generated. I have also made available the reports on the ongoing monitoring of the site which has been carried out over the intervening period. 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 desk 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. These reports have indicated no immediate threat to human health or the environment in the locality, while recognising that this is a contaminated site which will ultimately require an extensive and co-ordinated resolution.

In light of the recent events my Department has re-engaged the consultants to carry out an independent and rigorous assessment of current site conditions. This assessment is 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 being pursued now by my Department.

Joanna Tuffy (Dublin Mid West, Labour)
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I thank the Minister for his reply. My question raises issues concerning the threat to public health and that of the people who worked on the site, those who live nearby and to the marine environment, air quality and water quality. Approaching this issue from a slightly different angle, I have raised with the Minister for Enterprise, Trade and Employment a number of times the fact we have not properly implemented the Seveso directive, which is an environmental directive. Responsibility for its implementation has been given to the Department of Enterprise, Trade and Employment. That was a mistake, given that it concerns an environmental issue. To ensure we have joined-up Government, it would be much better if the Minister's Department had responsibility for implementing this directive. It would cover the issue of this site. I put a question to the Minister for Enterprise, Trade and Employment the other day——-

Brendan Howlin (Wexford, Labour)
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The Deputy might put a question to the Minister now.

Joanna Tuffy (Dublin Mid West, Labour)
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——to ascertain if the Seveso directive would apply to the management of this site. That is not clear because the Minister said it is not listed as an establishment under the directive. I tabled that question because it is the type of directive that should apply to the management of this site. I want the Minister to examine this further. The directive requires the putting in place of plans to deal with a toxic environment above a certain level and ensuring safety provisions are put in place. The issue of this site has been highlighted in terms of information, openness, accountability about the health issues involved and the levels of chromium on the site. The Minister is arranging for a report to be prepared, which is a positive step and represents progress——

Brendan Howlin (Wexford, Labour)
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Will the Deputy put a question to the Minister?

Joanna Tuffy (Dublin Mid West, Labour)
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Will the Minister set out a planned approach for dealing with the site? A plan should be put in place setting out the steps to be taken over a period of time and it should be made public. Such a plan should cover emergency planning, day to day activity in the area, who carries out work and who visits the site. All those arrangements need to be planned. It is not enough to have a report. We need an overall plan that sets out for the next number of years how this issue will be dealt with in terms of plans A and B etc. If an emergency arises or there is a risk to human health, there needs to be a plan to deal with it. The Minister needs to address that.

John Gormley (Dublin South East, Green Party)
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That is precisely what we are doing. That is what the Government is about. We are producing a strategy for a way forward, a plan. That is what the White Young Green analysis is about, namely, to get on the site and produce the data, which will be peer reviewed. I hope the residents will be happy with the analysis that has been carried out.

I have said previously that I am about openness and transparency. We have produced all the reports and we want a "warts and all" approach. If this site is contaminated, and we believe it is highly contaminated, let us find out how contaminated it is and the necessary steps to be taken to ensure it is properly cleaned up.

The Deputy talked about a plan, but I advise that an options paper will be produced and put before Government which will examine it in detail to determine the best way forward.

The Deputy referred to the Seveso directive and it was raised previously in Cork when I met people in regard to other sites related to the docklands area. We must make sure no danger is posed to people in the locality. We must ensure this plan takes account of the future use of this particular site, whether part of it will be a residential area, a marina and what the people there want. The sort of remediation required differs from plan to plan. If, for example, the people want a park on the site, that would not require the level of remediation that would be required otherwise. I am not pre-empting the options in any way, but it may well be that some part of the site may have to be capped while other parts of the site may have to be fully remediated . That is what we have to examine.

Brendan Howlin (Wexford, Labour)
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I will take a final supplementary from Deputy Tuffy. We have spent more than the time allocated on this question. Therefore, I ask the Deputy to put a brief, direct question.

Joanna Tuffy (Dublin Mid West, Labour)
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Will the Minister specifically indicate whether the Seveso directive applies to this site? I would like people to be told the answer to that question. The directive provides that residents must be protected in terms of the threat posed by dangerous substances on sites. All such considerations must be taken into account in residential planning. The directive covers the protection of human health and so on. It seems it should apply to concerns regarding this site. The Minister should find out if it does and report back to the House and, if it does, he should advise the way it will be implemented.

It is good to have a report and data on the site, but a plan has not been put in place. The site may be capped. Apparently, it will be capped, but previously it was not going to be capped. The approach to dealing with the site has been one of crisis management. The Minister needs to put in place a proper plan. I am not blaming the Minister in this respect. As he said, there is a legacy regarding the management of the site, but the Deputy is now the Minister, and henceforth we need a planned approach to managing the site. The message must be clearly put across that the health of the public is being protected and that there will be planning for land use in the future to ensure it meets safety standards. The Minister should find out if the Seveso directive applies to this site and, if it does, he should implement it.

John Gormley (Dublin South East, Green Party)
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There is a plan in place.

Joanna Tuffy (Dublin Mid West, Labour)
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Yes, but what about the directive and the legal position?

John Gormley (Dublin South East, Green Party)
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I have said to the Deputy over and over again that we have put a plan in place, and more of a plan than existed previously. We have made more information available than ever before.

Joanna Tuffy (Dublin Mid West, Labour)
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That is not a plan; that is a report.

John Gormley (Dublin South East, Green Party)
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No, that is a plan.

Joanna Tuffy (Dublin Mid West, Labour)
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That is not good enough.

Brendan Howlin (Wexford, Labour)
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Allow the Minister to respond.

John Gormley (Dublin South East, Green Party)
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That is a plan of action. I am glad the Deputy is not blaming me in this respect because there is a legacy issue here. As I said to Deputy Hogan, I have gone over the files and my preliminary analysis shows——

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Minister should publish them.

John Gormley (Dublin South East, Green Party)
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I certainly will.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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We will then note what the environmental law was at that time.

John Gormley (Dublin South East, Green Party)
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I would like to see the Deputy's response to them because his party did not produce any plan for this site.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Minister should publish the files.

John Gormley (Dublin South East, Green Party)
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I will publish all the information and I will meet the Deputies any time they want regarding this.