Batt O'Keeffe (Cork South Central, Fianna Fail)

I thank the Senator for raising this important issue. The subject of the proposed plan for the rehabilitation of old mine sites in Silvermines, County Tipperary, was covered in some detail in a previous Adjournment debate on 24 November 2004. Since that date, a summons for failure to deliver on its clause K liabilities was served on Mogul of Ireland in early December 2004. However, by agreement between the respective solicitors, the dialogue on the remediation proposals between the Department of Communications, Marine and Natural Resources and Mogul may continue on a "without prejudice" basis. The legal proceedings may be reactivated if and when it appears the dialogue is not successful.

The additional information to Mogul's plan of 3 November 2004 sought by the Department of Communications, Marine and Natural Resources was received on 17 January 2005. This information is currently being assessed by the Department, its consultants, Gortmore action group, North Tipperary County Council and the Environmental Protection Agency. It is proposed to meet with the Gortmore action group next week to ensure that its concerns are reflected in a comprehensive report setting out the available options and recommendations for a way forward which will be presented to the Minister for Communications, Marine and Natural Resources, Deputy Dempsey, in early February. The Department also proposes to discuss Mogul's plans with the local authority and the EPA before finally reporting to the Minister.

The dialogue with Mogul and the necessary consultation with the stakeholders has proved to be protracted and complex. The Department took the view that continuation of dialogue with the company had a reasonable prospect of producing an acceptable plan capable of immediate implementation. The Minister saw no reason to disagree with this view, not least because of the significant slippage in timescales which would occur if the Mogul plan failed and alternative proposals had to be formulated.

Any alternative to Mogul's plan, if and when one was agreed, would take a great deal of time to initiate, fund, secure an implementing agency, etc. In all the circumstances, and having regard to Mogul's acceptance of its contractual liability for the remediation works, the Department had a duty to work with Mogul in endeavouring to produce an environmentally acceptable, sustainable and cost effective plan for the sites. Any health issues associated with the environmental state of Gortmore are a matter for the Health Service Executive's mid-western area. The evidence referred to in the motion has been forwarded to the HSE for assessment and comment. To date, the HSE's position is that there is no direct evidence suggesting that the health of the community, including children, is at risk from the existing state of Gortmore tailings pond. The last major dust blow from Gortmore tailings pond occurred in 1985. Since that date, emergency remedial measures for Gortmore have been agreed between Mogul and North Tipperary County Council.

The former Mid-Western Health Board has also issued a booklet to the local community entitled, contingency plan in the unlikely event of a major dust blow from the Gortmore TMF. It should also be noted that a report produced by an expert group, published in March 2004, on the effect of lead and other metals in the Silvermines area found, in general, that the area is a safe place in which to grow up, live and work provided that certain precautions are taken.

It is now accepted that a considerable amount of time has been expended in working with Mogul and the Minister, Deputy Noel Dempsey, is not prepared to let the process run for an indefinite time. As mentioned, he has asked the Department to ensure that the latest final proposals are assessed by the stakeholders with all haste and that a comprehensive report should be submitted to him in early February for a decision.