Joanna Tuffy (Dublin Mid West, Labour)
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Question 62: To ask the Minister for the Environment; Heritage and Local Government the position regarding his policy on the planned incinerator at Poolbeg; and if he will make a statement on the matter. [37671/10]

John Gormley (Dublin South East, Green Party)
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In accordance with the provisions of the waste management Acts, the preparation and adoption of a waste management plan, including infrastructure provision, is the statutory responsibility of the local authority or authorities concerned, and under section 60(3) of the Act I am precluded from exercising any power or control over the performance by a local authority, in particular circumstances, of a statutory function vested in it.

However, it is the role of the Minister and the Government to set the policy framework and I intend that Irish waste policy will focus on maximising what should be seen as a resource. Against that background I have expressed concerns regarding the potential implications of the large-scale Poolbeg waste facility for the more progressive approach to waste management I am determined to pursue.

On 15 July 2010, I published a draft statement of waste policy for public consultation. This set out the various elements being considered as part of the development of a new national waste management policy for the coming decade and beyond with a focus on a resource management approach. There will be clear implications for the provision of waste infrastructure as waste is driven away from residual treatment and towards recycling and reuse.

The consultation closed on 1 October and I am considering the submissions received with a view to bringing a final policy statement to Government for decision at the earliest opportunity. This will provide certainty for those in the waste management sector and a framework within which the necessary legislative changes can be brought forward.

Joanna Tuffy (Dublin Mid West, Labour)
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Is the Minister suggesting that when his draft statement of waste policy is in place, the Poolbeg incinerator will be affected by it? What advice has the Minister received from his departmental officials on the likely cost to the local authority or the State generally if Covanta were not to proceed? A senior Covanta executive recently said that if the incinerator levies the Minister has been promising were imposed, the company would not proceed. What information does the Minister have on the cost to be incurred if Covanta pulls out of the project?

Just before the summer in a reply to Deputy Quinn the Minister gave an update on a report he was having carried out. He said he expected the report to be released shortly and that it would relate to the nature and extent of the financial and related risks and consequences which might be faced by Dublin City Council on the project. I ask the Minister for an update on those matters.

John Gormley (Dublin South East, Green Party)
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Regarding that report, in February 2010 I appointed Mr. John Hennessy SC under section 224 of the Local Government Act 2001 to prepare a report on risks which may be faced by the local authority in connection with this project. This report has recently been submitted and I am considering its findings in consultation with the Attorney General in advance of bringing it to Government. That report goes into considerable detail on the risks and future costs, with particular emphasis on the "put or pay" clause versus the costs that will ensue if the contract is broken. I have seen the exaggerated claims made by the company and Dublin City Council both in the media and at an Oireachtas joint committee hearing, to the effect that the taxpayer will have a substantial bill to pay. These claims are grossly exaggerated. In advance of the report being published I cannot say any more than that.

The company is very good at sending out its PR people. I have seen media reports suggesting that if I introduced these levies, it would not proceed. Government policy will not be determined by any multinational. We are the Government and will proceed with our policy on waste management and will not be intimidated or deterred by any company.

Joanna Tuffy (Dublin Mid West, Labour)
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The Minister seems to be suggesting that his new waste policy can stop the incinerator proceeding. Can the Minister confirm that is the case? When does the Minister hope to report the figures, which would be of interest to the taxpayers? If, as the Minister claims, it is not as bad as has been reported, that information should be published as quickly as possible. I do not understand why there might be a legal problem in publishing it.

A recent newspaper report quoted the American ambassador, Mr. Dan Rooney, as saying that the project should proceed. It also mentioned that the Minister had recently met representatives of Covanta. Can the Minister give details of the meeting and was the ambassador present?

John Gormley (Dublin South East, Green Party)
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In answer to the Deputy's last question, I met the American ambassador but have not met representatives of the company. Her previous question asked whether the project would proceed and she talked about my claims. However, the claims to which she referred were claims made by the company, Covanta, which stated, as far as I know in a newspaper article last week, that if these levies were introduced as part of the environment (miscellaneous provisions) Bill, it would not proceed. That is the latest information I have. I am saying unequivocally that I will be proceeding with that legislation. That has always been my policy and it is the policy which, from a sustainability point of view, makes total sense.

Joanna Tuffy (Dublin Mid West, Labour)
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There was also a report about the Dublin City Council CPO decision to acquire lands from a various landowners one of which is the Department of Finance. Will the Minister intervene to stop the Department of Finance from giving the land to Dublin City Council?

John Gormley (Dublin South East, Green Party)
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No, of course not. Those are issues that are treated in, I hope, an open and transparent way and are quite separate. I hope we will concentrate on the major issue, which is the policy and the forthcoming legislation. The Government is determined to proceed on that basis.