Pat Gallagher (Donegal South West, Fianna Fail)

I thank the Senator for raising this important issue. The then Minister for Transport, Deputy Brennan, standing in for my predecessor, covered the subject of the proposed rehabilitation works required at Silvermines in some detail in a previous Adjournment debate on 7 July 2004. Since that date, Mogul of Ireland lodged its revised proposals for rehabilitation of the clause K sites with the Department of Communications, Marine and Natural Resources. In accordance with an agreed open and consultative approach, these proposals were circulated to all interested parties for comment. Following these consultations, areas of deficiency were identified and these were communicated to Mogul's consultants at a meeting on 23 September. This was followed up more formally with a letter to Mogul dated 27 September setting out the areas for which further clarification was required. Mogul was asked to respond by 29 October. It was impressed strongly on Mogul that it had to respond on time and to comprehensively address the requests in the Department's letter. In the event, the company's response was received by the Department on 3 November.

While the latest proposals submitted by Mogul of Ireland are a substantial improvement on those previously submitted they continue to suffer from lack of specification and detail. These deficiencies were pointed out to Mogul at a meeting held in the Department on 19 November and Mogul has to address these issues and revert to the Department with the additional information required within a very short timeframe. As well as continuing concern about the lack of detail in the proposals, there remains a high level of uncertainty that the company has the technical and financial capacity to rehabilitate all of the clause K sites for which they are responsible.

The Minister for Communications, Marine and Natural Resources is aware that Gortmore action group is not satisfied with the proposals for Gortmore. The Department previously met the group and heard its concerns in Nenagh on 18 October 2004. The Department has offered to meet the group at an early date to ensure that its concerns will be fully reflected in a comprehensive report on a way forward. This report will set out clearly the Department's view on the prospects of the current dialogue with Mogul of Ireland delivering the rehabilitation work to the satisfaction of all concerned. It will contain the Department's judgment on whether the company has access to the considerable resources needed to carry out all of the rehabilitation work required under clause K. The Minister has serious difficulties with any À la carte approach to rehabilitation, whereby sites possibly requiring large financial resources may not be rehabilitated while others are rehabilitated as commercial opportunities may exist.

The legal issues raised by the Statute of Limitations have been the subject of discussions between the Department, the Office of the Chief State Solicitor and the Office of the Attorney General for some time. Following full consideration of all the issues, including legal advice, documentation which will ensure compliance with the Statute of Limitations, among other matters, will be served this week. The Minister, Deputy Noel Dempsey, intends to continue the current dialogue with the company, at least until the comprehensive report to which I have referred is given to the Department of Communications, Marine and Natural Resources.