Ruairi Quinn (Dublin South East, Labour)
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Question 371: To ask the Minister for the Environment, Heritage and Local Government if his Department has 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 whose cost is estimated at many hundreds of millions of euro without his Department having sight of the contract before approval by Dublin City Council; if his Department is 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. [9712/09]

Ruairi Quinn (Dublin South East, Labour)
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Question 387: To ask the Minister for the Environment, Heritage and Local Government, further to Parliamentary Question No. 397 of 17 February 2009, and in view of the fact that he or his representatives on the Project Procurement Board for the Dublin Bay waste management incinerator have not had sight of the contract for the public private partnership, if he will confirm that he is unable to state the capital cost of the incinerator to the State and taxpayer and if there are satisfactory penalty clauses within the terms of the contract to safeguard the public interest; the action that will be taken if the operators or their agents fail to construct or manage the incinerator in accordance with the approved specifications and statutory planning and environmental conditions as have been decided by An Bord Pleanála and the Environmental Protection Agency; and if he will make a statement on the matter. [9708/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Question Nos. 371 and 387 together.

As previously advised, 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, my Department has not had sight of, nor is it a party to, this contract. The project board had its final meeting on 14 May, 2007.

In line with national policy the Exchequer does not fund new heavy waste infrastructure, landfills or waste to energy (incineration) plants. These are to be provided as purely private sector commercial initiatives or by way of public private partnerships with local authorities and accordingly the capital costs of this project will not fall to be met by the Exchequer. My Department has not provided any guarantee to Dublin City Council in respect of this project.

Enforcement of statutory planning and environmental conditions is a matter for the appropriate regulatory authorities and the Minister has no function in this regard.