Lucinda Creighton (Dublin South East, Fine Gael)
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Question 212: To ask the Minister for the Environment, Heritage and Local Government if he has received legal advice on the implications of the issuing of the commencement notice in respect of the Dublin waste to energy project; and if he will make a statement on the matter. [45277/09]

Lucinda Creighton (Dublin South East, Fine Gael)
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Question 213: To ask the Minister for the Environment, Heritage and Local Government if he has engaged in correspondence with Dublin City Council regarding the Poolbeg incinerator in the period since the issuing of the commencement notice in respect of the Dublin waste to energy project; and if he will make a statement on the matter. [45278/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 212 and 213 together.

I have not received legal advice on the implications of the issuing of the commencement notice nor engaged in correspondence with Dublin City Council on the matter.

As I have previously indicated, in terms of the capacity of the proposed facility, it is my understanding that the quantities of residual waste currently being collected by the Dublin local authorities may not be sufficient to meet the volumetric contractual commitment which forms part of the public private partnership agreement between Dublin City Council and its private partner. We have recently seen further increases in recycling rates in Dublin, with a corresponding drop in residual waste volumes. In addition, the recommendations of the report which I commissioned to underpin the review of waste management policy provided for in the Programme for Government would have the effect of further reducing the volumes of residual waste generated, and driving more waste towards recycling.

I have been in contact with the Attorney General in relation to these issues.