Séamus Brennan (Dublin South, Fianna Fail)

I am replying on behalf of the Minister for Communications, Marine and Natural Resources. On his behalf I thank Senator O'Meara for raising the issue. I will ensure her comments are brought to the attention of the Minister.

I note that this subject has been extensively covered in previous motions, the latest being on 22 October 2003, so a great deal of background detail is hopefully not required. However, it might be useful to summarise the basic facts which give rise to this motion.

Silvermines has a long history of mining, spanning over 1,000 years. There was a time when the mining industry was the principal source of employment in this region, but that day is well gone. What is now left consists of fairly ugly relicts of mining such as old spoil dumps, mineshafts, derelict buildings and tailings ponds, which are the main objects of concern to the local community. The residue also includes an interesting mining heritage, and I understand the local community would wish to see this preserved as part of an integrated rehabilitation plan for the region.

An Environmental Protection Agency report in 1999 referred to the tailings area as a perpetual risk to human health and the environment. This was followed by an inter-agency report, which made 39 recommendations. Thirty-six of these have been implemented, or are ongoing. The other three are the major issues and relate to remediation and management needs of the area. These are the issues being discussed. SRK Consultants, appointed by the Department, produced a detailed report on what needs to be done to rehabilitate the area and the costs involved. The capital cost is estimated at €5.2 million, with €70,000 yearly for ongoing management and monitoring.

Under clause K of a mining lease which expired in 1998, Mogul of Ireland Limited is obliged to remediate certain areas, including Gortmore tailings pond. Legal advice is that there is only a once-off call on Mogul, and the Chief State Solicitor issued a letter to Mogul in April 2003 setting out the type of works required under clause K. Mogul has produced some proposals during 2003 which were incomplete and did not satisfy this Department. North Tipperary County Council and the Environmental Protection Agency were, and continue to be, involved in the consultations, the objective of which is to produce a cost effective and environmentally acceptable solution for the clause K sites. Any solution must also be acceptable to the local community.

Mogul submitted a reasonably comprehensive proposal on 5 March 2004 and this was the subject of a meeting held in Nenagh on 22 March 2004 attended by representatives of the Department, North Tipperary County Council, the Environmental Protection Agency and Mogul. There was a cautious welcome for Mogul's proposals, which were acceptable from a conceptual point of view, but it was agreed that additional details were required. The Department sought the additional details on 1 April 2004 and Mogul responded on 7 May 2004. The response was less than complete and at another meeting with Mogul on 24 May 2004, the Department's specific requirements were spelled out to Mogul. Mogul is working on its response, which is expected later this month.

The frustration of the local community especially those living in the vicinity of Gortmore, is understandable. Clearly, progress is not up to expectation. It is hoped that the emergency action plan between North Tipperary County Council and Mogul will alleviate short-term problems, while agreement on long-term remediation is sought. I note, as it should be, that the Gortmore local community is kept informed of developments and several information meetings between it and the Department have been held. Mogul has also met it to explain the company's proposals.

One must also acknowledge Mogul's difficulties. The mine closed in 1982 and was sold to the current owners in 1984. Development of a new mine was not viable and Mogul has expended substantial moneys in rehabilitation works up to 1999. In its current proposals, the company cites problems relating to finance, access and permitting. It says it is working to resolve these issues. Considerable work was undertaken by Mogul in endeavouring to secure a permit from the local authority to spread organic material as a sustainable cover for Gortmore. This application for a permit, published in a national newspaper in December 2003, drew substantial local objection and was withdrawn in April 2004. As already mentioned, Mogul has discussed its proposals with the Gortmore local community.

While not wishing to minimise local concerns about dust blows and other problems, I note that this final report of the expert group on lead and other relevant metals in Silvermines, published in March 2004, reiterated the inter-agency's findings that, "the Silvermines area is a safe place in which to grow up, live and work provided that certain precautions are taken by public agencies and local people". I hope this allays local concerns to some extent.

The Department is awaiting final detailed proposals from Mogul, which will be evaluated in consultation with the local authority, the Environmental Protection Agency and the local community. I hope these proposals will be viable and can be agreed so that the necessary works can commence. It is essential to ensure that Mogul and not the taxpayers pay for the remediation. It would be totally unacceptable that a limited company, which has a legal responsibility to remediate the areas in question, was in some way let off the hook at the expense of other projects, which the Exchequer might otherwise undertake with the money. The Department therefore intends to pursue all options to ensure that the cost of remediation does not fall on the taxpayer and it may be necessary to seek legal advice on the available options. The Department has no responsibility for remediation of the non-clause K sites, but will continue to assist the local authority, which may be able to advance remediation by virtue of powers vested in it under waste management and derelict sites legislation.