John Whelan (Labour)
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I welcome the Minister. It is my view, and it is well-founded, that our country has had a sorry and pitiful experience and relationship with many of its regulators and watchdogs. That is particularly the case with the Environmental Protection Agency, EPA, which is charged with protecting the environment and local communities. My specific question pertains to a debate conducted in the Seanad on 9 July last year when the then Minister for the Environment, Community and Local Government, former Deputy Phil Hogan, in one of his final functions as Minister, on foot of a debate in this House, fairly instructed the EPA to conduct an investigation and report on the activities of the Enva waste oil recycling plant in Portlaoise, with particular regard to the ongoing concerns about the unlicensed and unregulated open vent emissions, which I believe are potentially carcinogenic and toxic. The Minister took our concerns very seriously. He asked the EPA to carry out an inquiry and report into the matter and directed on that day that the report would be made public.

Furthermore, as recently as 4 November, before the Oireachtas Joint Committee on the Environment, Culture and the Gaeltacht, the director general of the EPA, along with other senior officials, in response to a question from my colleague, Senator Denis Landy, indicated that such a report had been concluded and that its publication was imminent. In view of this we have been patient but at this stage the public and public representatives are entitled to have this report put into the public domain so we can see what the EPA has cooked up on this occasion.

Seán Sherlock (Cork East, Labour)
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I am taking this matter on behalf of the Minister, Deputy Alan Kelly, and the Senator might want to check what I say against delivery.

Under section 60(3) of the Waste Management Act 1996, the Minister for the Environment, Community and Local Government is precluded from exercising any power or control regarding the performance by the Environmental Protection Agency or a local authority in particular circumstances of a statutory function vested in it, including enforcement functions. Issues concerning the enforcement of waste management legislation in particular cases, therefore, fall to be pursued with the EPA or the relevant local authority, as appropriate.

The treatment and management of waste material is subject to a registration and permitting system by local authorities or licensing by the EPA, depending on the circumstances. The particular facility the Senator refers to is licensed by the EPA and it is understood that the EPA, in the context of its role as the licensing authority, is preparing a report which will be made available on completion. The primary purpose of the licensing, permitting and registration system is to facilitate appropriate controls on waste facilities and activities so as to ensure good and consistent waste management practice and the implementation of high standards of environmental protection.

I refer to the Government's waste policy published in 2012, A Resource Opportunity - Waste Management Policy in Ireland. I acknowledge there is a group comprised of representatives from local authorities also and that this group has made recommendations for the rationalisation of waste enforcement functions. However, for the purposes of addressing the concerns of the Senator it is acknowledged on the record that the former Minister directed the EPA to carry out a report and that the report would be made available on completion. I am reinforcing that message today. I do not have a definitive timeframe as to when it will occur but I would be happy to engage further with the Minister for the Environment, Community and Local Government to see if we can get further information as to when we could expect the publication of the report. Speaking on behalf of the Government, we fully expect the report to be published.

Denis Landy (Labour)
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I appreciate the Minister of State's reply but I believe he will share my concerns, not least in regard to the delay. I was not asking the Government or the Minister for the Environment, Community and Local Government to interfere unduly with the functions or operations of the EPA, but the agency made a commitment to conducing a report as far back as July of last year and to make that report public. Eight months later when there is still no sign of a report, or whatever whitewash it comes up with this time, it is not unfair to suggest that the Minister or his Department should ask that the report be published expeditiously. Far from constituting interference, he would be acting in the public interest. We are entitled to that much.

Seán Sherlock (Cork East, Labour)
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I accept the Senator is not suggesting that we should exercise undue influence. The legislation is very clear in that regard. However, it could be pertinent to ask when we might expect the report to be published. To my mind, that would be entirely appropriate.