Eugene Regan (Fine Gael)

I refer to the intervention of the US ambassador, Dan Rooney, in respect of the Poolbeg incinerator and the failure of the Minister for the Environment, Heritage and Local Government, Deputy Gormley, to deal with a two year old application for a foreshore licence. I second Senator Buttimer's proposed amendment to the Order of Business in this regard. The serious issue that arises is that of abuse of office. We are running the risk of the State being taken to court by the company in question if the rules and regulations laid down and in respect of which the company has a legitimate expectation are not applied in a fair, transparent and open manner.

Whatever the merits of the incinerator, decisions have been made and the rules must be applied. As in Greece, we will face daily fines for not complying with our landfill obligations under EU law. The Minister must know that he cannot act in an arbitrary manner. He must apply the rules, regulations and law as laid down. The Minister should recognise his conflict of interest, given that the incinerator is to be situated in his constituency. This matter should be handled by another Minister.

There is a more fundamental issue. A US company is involved and the spotlight is on Ireland as to whether we are prepared to abide by the rules and regulations and whether the regulatory system operates. There have been unfortunate examples in the financial sector. If the Government is seen as operating in this way in its dealings with foreign investors, we will have a problem. The Minister should stand aside and another Minister should deal with the matter.