Kathleen O'Meara (Labour)
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I thank the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Batt O'Keeffe, for attending the House to take this important matter. This is not the first time I have raised this issue. I have lost count of the number of times I have done so. It is a serious and ongoing issue and there is an urgent need for the Minister for Communications, Marine and Natural Resources, to sign off on a plan for the rehabilitation of these mining sites. Information is now available showing the level of toxicity in the air, particularly around the tailings pond at Gortmore in Silvermines, is greater than originally thought. Several years ago, an inter-agency report stated that while there was toxic dust in the area, particularly lead dust emanating from the tailing ponds, it did not represent a risk to human health. However, a report commissioned by the community and reported on in today's Irish Independent states that children are at risk from toxic dust. The reason is that the synergistic effect, in other words, the combined effect of lead and arsenic in particular, which is in the dust in the Silvermines area, constitutes a very serious risk, particularly to the health of children in the area because the synergistic effect of lead and arsenic is much worse than the individual effect of lead and arsenic. One can only imagine what that would be. This is a matter of serious concern which needs to be dealt with urgently.

The latest proposal prepared by Mogul of Ireland in November is not acceptable, and remains an unacceptable proposal. My concern, which is shared by Deputy Hoctor and the community, is that the Minister, Deputy Noel Dempsey, appears to accept this proposal. He appears to believe that it could constitute a solution to the problem. This is not the case because it has been rejected not just by the community's consultants, but by the EPA, the county council and SRK, the Department's consultants, as being a defective and unworkable solution. Therefore, I fail to understand why the Minister is taking this view. I further fail to understand why he is taking this view because in this House a number of months ago, in the most recent reply in the matter, I was told that a report is being prepared by the Department for the Minister. I was told it would go to the Minister in February, following which he would make a decision on how to proceed. Our concern is that the Minister has made up his mind at this stage. I would like reassurance on where the Minister and the Department are on the matter, which I can then relay to the community.

Department officials intend to meet with members of the community next week. I welcome this initiative by the Department, which is necessary. However, the necessity for a resolution to this issue has become much more urgent. I have been raising this matter since coming to this House in 1997. It is now 2005, which is almost eight years later. How long must people wait? Given the waste, licensing and planning issues involved, the management of very hazardous materials and the fact that a number of sites, not just the tailings pond, are involved, it will take years for a plan to be rolled out and put in place.

I seek reassurance and an update on the matter from the Minister. I am sure it is not the last time we will debate it. I thank the Cathaoirleach for allowing me to raise the issue today.

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

Kathleen O'Meara (Labour)
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I seek an assurance from the Minister of State that no plan will be agreed with Mogul without the community's assent to it. That assurance has been given to me by the Department but I would like the Minister of State to give me that assurance today.

Batt O'Keeffe (Cork South Central, Fianna Fail)
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All I can say is that the local community group will be given every opportunity at the meeting next week with the officials of the Department to have an input into this report. There will be other strands to the report. We will communicate what the Senator is saying on behalf of the community here today. The Minister will take what is a logical, well defined decision, based on all the evidence, including expert evidence, that will be submitted to him. The assurance is that the views of the action group will be taken into account in line with all the expert advice available to the Minister.