Ruairi Quinn (Dublin South East, Labour)
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Question 397: To ask the Minister for the Environment, Heritage and Local Government if his Department and the Department of Finance have agreed to permit Dublin City Council to enter into a contract with a third party to design, build and operate a 650,000 tonne incinerator located on the Poolbeg Peninsula, the cost of which is estimated at many hundreds of million euro without either his Department or the Department of Finance having sight of the contract before approval by Dublin City Council; if his Department or the Department of Finance are acting as the ultimate guarantor of payment on behalf of Dublin City Council to the contractor; and if he will make a statement on the matter. [5866/09]

John Gormley (Dublin South East, Green Party)
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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 from exercising any power or control in relation to the performance in particular circumstances 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. Accordingly, neither my Department nor the Department of Finance have had sight of, or are a party to this contract.