Simon Coveney (Cork South Central, Fine Gael)
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Question 66: To ask the Minister for the Environment; Heritage and Local Government his response to the communication from the European Union Commission threatening fines against the Government in respect of the remediation work at Haulbowline island in County Cork; and if he will make a statement on the matter. [37471/10]

John Gormley (Dublin South East, Green Party)
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A complaint was received from the European Commission in May 2009, through the EU pilot pre-infringement process, concerning the regulatory status of the former Irish ISPAT site at Haulbowline. Ireland wrote to the Commission in October 2009 setting out the current position. A response from the Commission is still awaited under this process.

Ireland's response to the additional letter of formal notice relating to the 2005 judgment of the Court of Justice of the European Communities in case C-494/01 is being formulated and will be forwarded to the Commission in the two months provided for under article 260(2) of the EU treaty. While this letter references the former Irish ISPAT site on the issue of a valid waste authorisation, this site did not form part of the original judgment.

Consideration of the regulatory requirements relevant to the site falls within the terms of reference of the Office of Public Works-led working group established by the Government to develop a structured and coherent approach to the site's further management and development. The future use of the site will influence the levels and extent of further works and remediation required, as well as helping to clarify the further regulatory requirements which may fall to be met. The Environmental Protection Agency has been in contact with the Office of Public Works on the regulatory requirements applicable to the site.

It is important to recognise the State has spent approximately €50 million on remediation work on Haulbowline including on investigations, surveys, site works and waste disposal. The bulk of this expenditure was incurred since 2007.

David Stanton (Cork East, Fine Gael)
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Does the Minister agree that the site is still a mess and the remediation work unfinished? Will he confirm all regulatory requirements and licensing matters are being observed at the site? Is the site in accordance with relevant EU directives and law?

John Gormley (Dublin South East, Green Party)
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Irish ISPAT applied for and was granted an integrated pollution control licence by the EPA. However, the company went into liquidation before the conditions in the licence could be met. The liquidator applied to the High Court seeking to disclaim the integrated pollution control licence. Judgment occurred on 29 July 2004 and found the licence was granted after the company had ceased production of steel and the conditions of the licence could not be applied retrospectively. A lacuna, therefore, arose and the resolution of this must involve a determination as to the future use of the site and, accordingly, the appropriate regulatory arrangements that should apply to it.

The Office of Public Works-led group is examining how to deal with the site. It very much depends on the future use of the site. The level of remediation will be determined by whether the site will be used for commercial or residential purposes or returned to parkland.

David Stanton (Cork East, Fine Gael)
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I knew about the licence already. Is the Minister satisfied the site complies with other regulatory requirements, EU directives and so forth?

John Gormley (Dublin South East, Green Party)
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Yes. A complaint was received from the European Commission in May 2009, through the EU pilot pre-infringement process, concerning the regulatory status of the former Irish ISPAT site at Haulbowline. Ireland wrote to the Commission in October 2009 setting out the current position. A response from the Commission is still awaited under this process.

The issue of the regulatory status of the former Irish ISPAT site, however, will now be addressed as part of Ireland's response to the latest letter of formal notice in respect of the case. The EPA is in the process of establishing the licensing requirements and has been in contact with the Office of Public Works in that regard.

David Stanton (Cork East, Fine Gael)
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The Minister still does not know if the State is complying with all EU directives, regulations and laws.

Ciarán Lynch (Cork South Central, Labour)
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Listening to the Minister reminded me of Deputy Martin before the last general election when he stated he had plans to put a hotel on the site. Then it was discovered what was buried there. This is possibly the most toxic site in western Europe.

Brendan Howlin (Wexford, Labour)
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A brief question, please.

Ciarán Lynch (Cork South Central, Labour)
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The Minister must forget about future uses for the site. People who live in the proximity of the site in Cork harbour want to know what the Government's policy is for remedying the state of the site. We could chase this around the House for the afternoon with report after report issued. Will the Minister indicate now as to whether he will be opting, first, to clean out the site entirely, a major and expensive protect to undertake or, second, build a barrier around the site to contain the waste?

John Gormley (Dublin South East, Green Party)
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There were more health effects and dangers posed to the population in the area when the actual plant was in operation. It was a Fine Gael-Labour Government that sold the place off for £1 without any regard to environmental or health implications.

Terence Flanagan (Dublin North East, Fine Gael)
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That was the past.

John Gormley (Dublin South East, Green Party)
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More money has been spent by this Government trying to remediate the site than previously. When Fine Gael gets the opportunity, I would like to see how much money it would invest in this project.

David Stanton (Cork East, Fine Gael)
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There will be no money left then.

John Gormley (Dublin South East, Green Party)
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I believe it would not spend a fraction of what this Government has spent.

David Stanton (Cork East, Fine Gael)
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The Minister dodged my question. The site is still a mess.

Ciarán Lynch (Cork South Central, Labour)
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I asked the Minister a straightforward question which he did not answer.

Brendan Howlin (Wexford, Labour)
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The Chair, unfortunately, has no control over Ministers' answers. I call on Deputy Clune.

Deirdre Clune (Cork South Central, Fine Gael)
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We have been hearing about possible future use of the site since 2004. It is a complete dodge. The site is toxic, a word used by the Minister too. I will agree it was different when the ISPAT works were in operation. However, the Minister has been in office for the past three years during which time the matter has been on his desk. Will he tell us now what he proposes to do about the site?

The OPW group has been sitting for at least a year, if not more, and there is no outcome from that. When will there be a decision on dealing with the toxic issue?

Brendan Howlin (Wexford, Labour)
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A final reply from the Minister.

John Gormley (Dublin South East, Green Party)
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We have dealt with it and are dealing with it. With regard to what has happened to date, my Department co-ordinated all legal actions relating to the site. It carried out a comprehensive site investigation to determine the levels of contamination and remediation and-or development options at the site.

David Stanton (Cork East, Fine Gael)
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Then you left it there.

John Gormley (Dublin South East, Green Party)
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We set up ongoing environmental monitoring at established monitoring points. We decontaminated and demolished the steel works. We also arranged for the site surface clearance contract with Hammond Lane Metal Company Limited-----

David Stanton (Cork East, Fine Gael)
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It is not finished.

John Gormley (Dublin South East, Green Party)
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We contracted an independent company to carry out an investigation, which was peer reviewed so we could ensure its accuracy. That was to assure people in the area that there were no health effects from the site. All of that has been done and now an OPW-led team is continuing to carry out that work-----

Deirdre Clune (Cork South Central, Fine Gael)
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Is there a timescale?

John Gormley (Dublin South East, Green Party)
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If another Government could do as much, it would be doing a hell of a lot.

Deirdre Clune (Cork South Central, Fine Gael)
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Does the Minister have a timescale for the OPW report?

Brendan Howlin (Wexford, Labour)
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We must proceed to Question No. 67.