Pat Moylan (Fianna Fail)
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I welcome the Minister for the Environment, Heritage and Local Government to the House.

Jerry Buttimer (Fine Gael)
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Cuirim fáilte roimh an Aire. I do not want this matter to become a political dogfight. I appreciate Senator Boyle's role in Cork prior to his party joining the Government. He will give me some support today.

It is unfortunate and regrettable that I have been required to seek an urgent debate on the extent of toxic waste in Haulbowline. It is time for honesty and for answers to be given to the people of Cork, who deserve answers and to be treated with respect by officials, the Government and the relevant agencies and councils. It is time that the full facts be given. Last week's events in the Lower House were unacceptable. Answers are required. The Minister and his Department must address what is being labelled by many as a cover-up of the treatment of highly hazardous waste at Haulbowline.

That some 500,000 tonnes of hazardous waste are buried in Cork Harbour is extraordinary and it beggars belief that, to date, the genuine concerns of residents and locals have not been addressed. Last week, Senator Boyle issued letters in this respect. We need answers. Can the Minister provide me and the people of Cork a guarantee that their health and lives are not at risk? The site is being flushed twice per day by the tide washing in under the site and leeching material.

Last week and despite the Minister's comments in the media, it took two Irish Examiner journalists — Eoin English and Conor Kane — to reveal what was occurring. I salute them for their courageous efforts. Why did it take the Thursday, Friday and Saturday editions of the Irish Examiner to reveal the extent of events? Why did a person appointed to make representations to three agencies receive no answers? What was known, what has occurred and what will occur? That three to five commissioned reports have not been published is alarming. Was the report on chromium 6 passed on to the Department? If so, who saw it and what action was sanctioned and taken? If it was not, why did Cork County Council, the EPA, or whoever was involved who had the report not pass it on to the next relevant authority?

This latest episode again highlights the need for a base-line health survey in the area. Why did the Minister's Department engage in a clean-up and fail to present a precise plan to those of who were not in the know? It seems there was no plan.

The Minister and his colleagues have rightly described this as an environmental disaster. It has been covered up. The full facts have not emerged and there is a continuing potential risk to human life.

Will the Minister indicate if there was cover-up? The Minister may look with disdain at my question but as Minister, he is responsible. The EPA, Cork County Council and the Department have a case to answer.

What happens from hereon? Has a decision been taken on what to do next with the site? What will be the cost of the full clean-up and is the Minister prepared to sanction one? Will the EPA have to apply to have the site licensed as a toxic waste dump?

The people of Cork deserve an answer and I look forward to the Minister's reply. He is here as a man of integrity and honesty. I hope the Green Party will stand up to Fianna Fáil because the people of Cork are tired of being treated badly by the Government.

John Gormley (Dublin South East, Green Party)
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I thank the Senator for raising this issue on the Adjournment. This gives me the opportunity to address the issue in the Oireachtas, something I was unable to do on Thursday last as I was in Cork on official business. This is an issue on which my colleague, Senator Boyle, has been to the fore for many years, and he has been helping me inform an appropriate response.

Senator Buttimer will appreciate that I have to meet the residents directly after this debate. I will be answering questions tomorrow in the House as well as giving a speech and listening to others raise questions. I will have to go directly after I speak, but I will answer the Senator's questions.

As Minister, I have offered assurances to residents in the Cork Harbour area that I am satisfied that no immediate health risk exists due to airborne substances or contamination to water sources. However, we have recognised all along that hazardous material was allowed accumulate on this site over many decades, and the Government has a particular responsibility to see that it is effectively dealt with, especially to ensure that public confidence in the Cork Harbour area can be maintained.

As Senators will be aware there has been a long history of industrial activity on Haulbowline Island which was an important source of employment and a significant part of the local economy. Ultimately the steelworks located there became the property of Irish Ispat which went into liquidation in 2001. The State, acting through the Department of the Environment, Heritage and Local Government in a co-ordinating role, took over custody of the site from the liquidator in 2003, as mandated by Government. The mandate required the Department to co-ordinate all legal actions in relation to the site and to cover issues such as ongoing site security, maintenance and other such issues, and also to enable a site investigation to be carried out to assist in determining the best option, environmentally and economically, for the future use of the site and its remediation.

Steelworks have operated on Haulbowline since 1939 and at a time when such industrial activities were poorly regulated. Inevitably, the nature of the activity generated very large quantities of hazardous wastes which were dumped on the island in an area which became known as the East Tip.

Since 2004 the Department, in complying with its mandate from Government, has co-ordinated all legal actions in relation to the site; carried out a comprehensive site investigation; set up ongoing environmental monitoring; decontaminated and demolished the steelworks buildings; and arranged for a site surface clearance contract with Hammond Lane Metal Company Limited. These steps have now brought the site to a position where the Government can make an informed decision as to its future use and where a detailed risk assessment of the entire site with recommendations for the appropriate remediation required can be undertaken.

The particular issue which has arisen recently relates to the uncovering by a sub-contractor of sub-surface waste. Sub-surface excavation of waste was not part of the Department's contract with Hammond Lane Limited. It was the considered view of the Department, following consultations with the Environmental Protection Agency and Cork County Council, that the required course of action in the short term would be to cap the exposed waste with inert slag material.

This was not acceptable to one of Hammond Lane's sub-contractors, which expressed concern that liability might accrue to it as a consequence of any impact which the disturbed material might cause. By way of reassurance, and in the context of the then proximity of the end of the planned surface clearance works, the Department wrote to the contractor on 18 April 2008 advising that the back-filling approach was what was required.

It was also stated that the management of the area which had been disturbed would fall to be determined by the Government in the context of the pending decision on the overall future of the site and the resultant more comprehensive remediation which might be required. The contractor was also assured that it would not be expected to accept future liability.

Despite these assurances and repeated instructions to stop unauthorised works relating to the sub-surface waste, including by letter from the Chief State Solicitor on 23 May 2008, the subcontractor refused to leave the site and continued to operate without authorisation and in a piecemeal fashion causing a potential threat to the environment.

Following legal advices the contract with Hammond Lane Metal Company Limited was terminated with immediate effect on 30 May 2008, with instructions to vacate the site by 1700 hours on Tuesday, 3 June 2008. The sub-contractors still refused to vacate the site and continued to operate without authorisation. They only finally left the site following discussions with the main contractor, Hammond Lane Metal Company Limited, the only company with which the Department had a contractual relationship.

My Department has now engaged consultants to carry out an independent and rigorous assessment of site conditions following the extensive unauthorised works by the sub-contractors. This assessment, which will begin in the coming week, will involve analysis of soil, slag, dust, surface and ground water samples for all likely contaminants, including heavy metals such as chromium.

These consultants previously carried out an extensive site investigation in 2005 which indicated no evidence of any immediate threat to human health or the environment and they are best suited to determine the best way forward in securing the site from an environmental and health and safety point of view in the short term, and pending a Government decision on its future use.

My Department and other relevant agencies are properly engaged in the management of this legacy site in a manner which is consistent with good practice and minimisation of risk to human health and the environment. A coherent overall approach rather than piecemeal action, which could inadvertently cause problems to the local community and the environment, must be taken and that is the objective being pursued by the Department.

I should also note that this evening I will be meeting, as I said, with local residents and hoping to put in place procedures that will allow for the full and regular access to information. I would acknowledge that the provision of such information has not been adequate in the past. In the situation that has now arisen I believe it is right to now release the 2005 report and I am committed to also releasing the report on the further site investigation now under way.

Any information that the residents require will be given. I have been an environmental campaigner for 26 years. They will get information. Access to information is vital. There has never been a cover-up and I resent any insinuation to that effect by the Senator. I would not tolerate any sort of cover-up in my Department. I have said to my officials all along to provide information and to ensure that all reports are comprehensive and tell people the facts. Even though sometimes one gives out information that may not be palatable, people feel better when they get the full facts, and that is my task.

I will speak on this in the Dáil again tomorrow. I am committed to also releasing any other reports that exist, but there is considerable misinformation. That is the problem. When there is misinformation, fears are stirred up. I want to reassure people that relevant and accurate information is in the public domain to counter the misinformation being circulated in recent days.

Jerry Buttimer (Fine Gael)
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I welcome the Minister's metanoia this afternoon. He is correct about misinformation. However, that comes about as a consequence of not having been given information in the first place. There has been a veil of secrecy in the Minister's Department prior to him becoming Minister and in the past seven days.

The Minister has said, in response to my concerns that he is satisfied that no immediate health risk exists. How can he allay the fear of residents, given that he said in his reply that he was engaging consultants. Is that for the purpose of an independent review?

John Gormley (Dublin South East, Green Party)
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Yes.

Jerry Buttimer (Fine Gael)
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If so, can we take it there will be a comprehensive report? Will the Minister confirm if there are numerous reports and if they will all be published? I accept where the Minister is coming from. The time has come when people are sceptical because of the lack of information.

John Gormley (Dublin South East, Green Party)
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To repeat what I said, all the reports in my Department will be published. Those concerned will have access to the information. It is an independent report. Not only that, I hope they can liaise with those carrying out this investigation in order that they can be assured they are doing a proper job.

Pat Moylan (Fianna Fail)
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I thank the Minister for a very detailed response.