Dáil debates

Tuesday, 21 March 2017

Ceisteanna - Questions (Resumed) - Priority Questions

Compulsory Purchase Orders

6:55 pm

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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32. To ask the Minister for Communications, Energy and Natural Resources if he will prioritise investment in the rehabilitation of the former mining sites around the Silver Mines; and if he will consider compulsory purchase orders for land within the proximately of the proposed hydroelectric plant. [14229/17]

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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I thank the Minister. He is a big supporter of the proposed hydroelectric plant in Silvermines in County Tipperary. There has been mining in Silvermines for 1,000 years. What is left there can be turned into something very positive by the €500 million potential investment that will go into the hydroelectric plant. Unfortunately we also have a legacy issue there, which is environmentally hazardous and has caused issues in the past with regard to human health and is currently causing issues with regard to animal health. There are lands there in which millions have been invested. A compulsory purchase order process has been started in relation to the tailings pond in Gortmore. I ask the Minister to execute that order and that the State consider the compulsory purchase of the remaining lands, which are currently for sale and which I do not believe it is appropriate to be maintained in private ownership.

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent)
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Since 2007, my Department in co-operation with Tipperary County Council, has undertaken an extensive programme of remediation works at a number of former mining sites at Silvermines, County Tipperary, with expenditure on the works totalling €11.2 million to date. The last substantive phase of the programme of remediation works to be completed is the work at the Garryard site. Progression of this phase of the programme is currently under consideration by my Department. My Department continues to work to ensure the protection of the investment already made and a long-term approach to the programme. The Department also has an ongoing programme of environmental monitoring of the sites concerned.

I understand thatSIGA-Hydro Limited is working on plans to develop a pumped storage electricity generation plant at Silvermines.  The proposed development would utilise the flooded open pit at the Magcobar site which was used to produce barite from 1963 to 1992. Limited remediation works have been carried out at the Magcobar site under the programme of remediation works including re-grading of spoil piles, demolition of derelict structures, fencing off dangerous areas and areas of mine heritage interest. It should be noted that the land and minerals at the site are privately owned and were registered as excepted minerals by the Mining Board with primary responsibility for any necessary rehabilitation resting with the owner.

There are no proposals to compulsorily purchase lands in the proximity of the Magcobar site.

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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This is an ongoing legacy issue. A number of people before me have spoken about this. My own family worked in the mines for generations up until the 1980s. This cannot go on. The CPO process for the Gortmore tailings pond was started by the Minister's predecessor and I understood it was ongoing. There is no way we can allow €11 million to be invested into lands and then have the owner of those lands run horses across the lands, destroying the investment. We also have other sites now that are for sale.

Currently, as I stand here in this Chamber, there are two families, who are dairy farmers, whose land is contaminated to the point where their milk is no longer accepted. There are other issues here. There are legacy issues here that are so deep that it will not be possible to remediate these lands and invest in them unless the State compulsorily purchases them. We need to complete the compulsory purchase order of the tailings pond area in Gortmore. The idea that these lands could be sold for development is absolutely criminal. The State needs to own these lands and I ask the Minister to ensure that it happens. I am not expecting it to be done tomorrow, but I would ask him to ensure the lands around this very positive development are mapped out and a process and plan is put in place to compulsorily purchase these areas for the benefit of all the people living there, for human health and animal health.

Photo of Seán KyneSeán Kyne (Galway West, Fine Gael)
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I acknowledge the role the Deputy has as a constituency Teachta Dála, and his family history. I have spoken to him on this issue before. Regarding Gortmore, I understand from my Department that it is in discussions, through the Chief State Solicitor's office, with solicitors for the owners of the property. That is not to say it is expediting a CPO but it is in discussions to purchase the land. With regard to the unknown causes of cattle deaths, I am aware the Environmental Protection Agency, the EPA, the Department of Agriculture, Food and the Marine and the environment section of Tipperary County Council are investigating the issues. They are taking water samples, which seem to be satisfactory, and they are looking at all possibilities, including paint or batteries that may have been dumped in the general area, to try to ascertain why exactly there has been animal deaths in the area. Clearly, regarding Gortmore, it is the largest section of concern within the Silvermines complex. We are trying to expedite a purchase of that through the Chief State Solicitor's office and we will continue with that.

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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There have not been animal deaths there for some time. There were animal deaths due to lead poisoning. The issue now is that the actual soil is contaminated from the river. The lead levels have gone across into the soil and into the grass that was cut to make silage, which is fed to the animals. It will take a period of time for us to figure our exactly what is going on here.

This will not end even if they find out what the issues are relating to those two farmers and their cattle. This will not end there. Until this State firmly takes control of this situation there will be ongoing issues here. The patience of the people living in the community there is worn out. I ask the Minister to at least meet with them or with the county council in the coming weeks to discuss this issue. I believe this can be solved over a short period of years. They are not looking for solutions immediately. They are just looking for a mapped way forward.

There is a huge development going on there, more than €500 million worth of an investment. It will provide 10% of the county's electricity when it is finished. It is a brilliant development that will clean up the Magcobar area. The ancillary side of this is that these lands need to be compulsorily purchased by the State, for what I would perceive to be very little money, and rehabilitated. At least if they are owned by the State we can put in place a plan to do that. Human health, animal health and the food that results from those animals are all the consequences of that. The State needs to intervene.

Photo of Seán KyneSeán Kyne (Galway West, Fine Gael)
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I am happy to arrange a meeting in my office here in Dublin with county council officials, local residents and, obviously, the Deputy himself to discuss these issues.

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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I thank the Minister.

Photo of Seán KyneSeán Kyne (Galway West, Fine Gael)
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I know the Department is actively pursuing the issues related to the cattle deaths and, as I said, the EPA and the environment section-----

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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There are no cattle deaths. It is contamination.

Photo of Seán KyneSeán Kyne (Galway West, Fine Gael)
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As I understand it, in the past few years there has been.

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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I do not want to put a fear factor out there.

Photo of Seán KyneSeán Kyne (Galway West, Fine Gael)
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Regarding the existing site at Gortmore, I know that a third of the site was remediated through my Department a number of years ago, another two thirds of the site through the company and there was in-sowing of metal-resistant grasses.

I know there are particular issues with horses. Discussions are ongoing through my Department and the Chief State Solicitor's office.

In respect of the Magcobar site, I understand that it would not be legally possible for the Department to compulsorily purchase any site unless it was necessary to remediate the land. The Department would not have a direct legal basis to do so. The county council may have a legal basis but it would need to check that in respect of very small sections of it. I would be very happy to discuss these issues with council officials and members of the community at a date to be arranged.