Ruairi Quinn (Dublin South East, Labour)
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Question 426: To ask the Minister for the Environment, Heritage and Local Government if in view of the statement by the Minister for the Environment, Heritage and Local Government in Dáil Éireann on 22 February 2007 by reference to the Dublin waste to energy project that once a project is certified as being in compliance with a PPP all the arrangements pertaining to that project must be continued and in view of the letter of intent issued by Dublin City Council to a company (details supplied) at the end of June 2007, and the fact that Dublin City Council signed a project agreement on 24 August 2007 with the company to design, construct and operate a waste to energy facility in Dublin, he is satisfied that all relevant guidelines were properly followed and implemented in the evolution of the waste to energy project in Dublin; the role of the National Development Finance Agency in the development of the Dublin waste to energy project after 2005; if there was intervention by him in approving or deciding the terms of the project between February and August 2007; and if he will make a statement on the matter. [20905/08]

Ruairi Quinn (Dublin South East, Labour)
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Question 427: To ask the Minister for the Environment, Heritage and Local Government if he will arrange for the release of the terms of a project agreement between Dublin City Council and a company (details supplied) on 24 August 2007 to design, construct and operate a waste to energy facility in Dublin in view of the recommendations of the First Interim Report 2007 Access to the Private Element of Public Private Partnerships an International Comparison of the Committee of Public Accounts that contracts should eventually after the appropriate time interval be disclosed in their entirety which would allow ongoing assessment of a project and provide reassurance to the public that their interest was being respected; and if he will make a statement on the matter. [20906/08]

Ruairi Quinn (Dublin South East, Labour)
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Question 428: To ask the Minister for the Environment, Heritage and Local Government if he will arrange for the public release of the public sector benchmark on the Dublin waste to energy project in view of paragraph 2.7.9 of his Departments guidelines on public private partnerships where it is stated that in the case of a once-off project where there is not likely to be any similar procurement in the future, the release of the PSB after the contract has been signed could be considered, in view of the fact that the Dublin waste to energy project at Poolbeg is clearly a once-off project; and if he will make a statement on the matter. [20907/08]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 426 to 428, inclusive, together.

The facility in question is provided for in the Dublin regional waste management plan for which the four Dublin local authorities have statutory responsibility under the Waste Management Acts. Section 60(3) of the Waste Management Act, 1996 precludes the Minister for the Environment, Heritage and Local Government from exercising any power or control in relation to the performance by a local authority of a function conferred on it under the Act.

In view of the project's status as a prospective public private partnership, my Department was involved in certifying that the procurement was conducted in accordance with public policy on the procurement of infrastructure in this way. The Department by letter dated 14 September 2005 advised Dublin City Council, which acts as lead authority for the project, that having considered the submissions received in respect of the procurement process there was no objection to Dublin City Council proceeding to enter into contractual arrangements with the selected private partner. My Department and the National Development Finance Agency had representation on the project board established to manage the procurement process. The project board did not have a role in regard to the contractual arrangements subsequently entered into by Dublin City Council. My Department is not a party to this contract and has no further role in the matter.

The Minister for Finance in his response, in April 2007, to the recommendations in the Committee of Public Accounts report took the view that this recommendation would need to be considered by the relevant sponsoring agency on a case by case basis, having regard to protecting the State's negotiating position and the statutory, civil and legal rights of contracting parties. He also noted that all of the PPP documentation and analyses are available to the Comptroller and Auditor General.

In the case of this project Dublin City Council is the relevant sponsoring agency and the Council has not made any proposal to my Department to release the Public Sector Benchmark. My Department is aware that independent statutory processes are still in progress in regard to the project and any issues which arise in that context with implications for the contract are a matter for Dublin City Council.