Simon Coveney (Cork South Central, Fine Gael)
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Question 382: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to a licence issued for the waste held (details supplied) as required under the European Directives on waste. [5689/09]

Simon Coveney (Cork South Central, Fine Gael)
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Question 383: To ask the Minister for the Environment, Heritage and Local Government the steps he has taken on foot of the decision of 17 June 2003 which gave a mandate requiring his Department to co-ordinate all legal actions in relation to a site (details supplied); and if he will make a statement on the matter. [5690/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 382 and 383 together.

Irish Steel was sold to Ispat Mexicana S.A. de C.V. in 1996 and renamed Irish Ispat. After a difficult trading period, Irish Ispat Limited went into liquidation in June 2001. In 2002, the liquidator initiated proceedings under section 290 of the Companies Acts to disclaim the lease. In early 2003 the liquidator exercised a break clause in the lease to allow him vacate the lands held under the lease. He was constrained by injunction to remain on site for a further period in order properly and legally to dispose of certain waste materials.

The Ministers for the Environment, Heritage and Local Government, Defence and Communications, Marine and Natural Resources issued related proceedings against the liquidator and the company in voluntary liquidation seeking clean-up orders under section 58 of the Waste Management Act, 1996. Those orders sought to oblige the company to discontinue engaging in the holding, recovery or disposal of waste on the lands comprised in the lease, to carry out remediation works to mitigate or remedy any effects of the holding, recovery or disposal of waste and to put in place an effective ongoing monitoring and inspection system, following remediation.

As noted above the liquidator was able to disclaim the lease due to a break clause which came into effect and therefore the only remaining part of the liquidator's application was his request to disclaim the Integrated Pollution Control (IPC) Licence. The judgement on 29 July 2004 found as a matter of fact that the IPC licence was granted after the company had ceased production of steel and that the conditions of the licence could not be applied retrospectively.

My Department has continued to exercise responsibility for the care and maintenance of the site, with Cork County Council acting as the Department's agent in that regard. This has necessarily included elements of site clearance to avoid negative environmental impact and for reasons of health and safety. It has also involved an extensive site investigation to determine the extent of environmental damage and to guide further Government consideration of the future development/use of the site. I will shortly bring a Memorandum to Government with proposals in that regard.