Damien English (Meath, Fine Gael)
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Question 134: To ask the Minister for the Environment, Heritage and Local Government if he will appoint a High Court inspector to investigate issues surrounding illegal dumping in County Wicklow, including the Roadstone land at Blessington, as requested by the elected members of Wicklow County Council; and if he will make a statement on the matter. [30436/05]

Liz McManus (Wicklow, Labour)
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Question 184: To ask the Minister for the Environment, Heritage and Local Government if he will appoint a High Court inspector to investigate the issue of illegal dumping in Wicklow; and if he will make a statement on the matter. [30378/05]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 134 and 184 together.

Extensive investigations have already been undertaken by Wicklow County Council and other enforcement agencies in relation to the instances of illegal dumping that have come to light in County Wicklow in recent years. As a result both civil and criminal actions have been pursued, are under way or are pending.

In relation to the Coolnamadra site, Wicklow County Council obtained High Court orders in July 2002 against the company involved and its directors. The waste has now been removed. The council's investigative costs of €200,000 have been met and legal costs awarded to it. In addition, an investigation by the Garda national bureau of criminal investigation, NBCI, has led to a decision to prosecute individuals.

In regard to a site at Whitestown, the council is taking High Court action to have the location remediated and to recover its expenses and costs. Again, following NBCI investigations, criminal prosecutions are under way.

I understand that High Court action will be taken in respect of a site at Castleruddery if those concerned do not voluntarily comply with council requirements. This matter is also the subject of NBCI investigation.

The position in regard to the site in Blessington is well known. Roadstone, as a consequence of a direction by the council, has been required to apply to the EPA for a waste licence. As a final decision is pending on this matter, I am precluded from further comment. However, the company has already met council costs of more than €500,000, and an NBCI investigation has also resulted in two persons being charged.

A site at Killegar has been the subject of a statutory direction by the council. I understand that a failure to comply with this direction will result in legal proceedings by the council. In addition, an investigation has been undertaken by the NBCI. A site at Russborough has also been the subject of a statutory direction by the council and this matter is now being progressed.

As regards Wicklow County Council's recent request for a further investigation of issues pertaining to illegal dumping in Wicklow, the Minister for the Environment, Heritage and Local Government has no legal powers to appoint a High Court inspector as suggested in the council resolution and questions.

In considering whether a further inquiry under local government legislation could be deployed in this matter, I must act responsibly in relation to the integrity of the important enforcement processes already in train and ensure that they are not compromised in any way. It would not be in the public interest to take any action that could result in the failure of criminal proceedings against those responsible for serious environmental crimes. I do not however rule out the possibility of an inquiry in this matter and I am at present seeking legal advice on the issues.

I have already used my powers under the Waste Management Act 1996 to issue a policy direction to ensure proper remediation of all illegally deposited waste and pursuit of offenders using all civil and criminal remedies available.