On the 3rd July Fine Gael initiated a debate in the Dail calling on the new Minister for the Environment, John Gormley TD, to use his powers to prevent the Incinerator, proposed by Dublin City Council, from being built on the Poolbeg Peninsula.

Deputy Fergus O’Dowd, the Fine Gael spokesman on the Environment moved the motion that called on the Minister for the Environment, Heritage and Local Government, using his powers under section 24(c) of the Waste Management Act 1996, to require the managers of Dublin City Council, Dún Laoghaire-Rathdown County Council, Fingal County Council and South Dublin County Council to vary the replacement waste management plan for the Dublin region, made by them on 11 November 2005, by the deletion of paragraph 18.8 and the exclusion of the siting on Poolbeg Peninsula of a ‘waste to energy (incineration)’ plant.

A responding amendment by the Minister for the Environment, Heritage and Local Government, John Gormley TD, reaffirmed the national commitment to the waste hierarchy and endorses “the Government’s commitment to supporting the development of the recovery and disposal technologies which produce the most positive environmental outcome, while in particular achieving the targets set by the EU landfill directive.”

The new Fine Gael deputy, Lucinda Creighton TD said that “a total of 2,000 residents in my constituency of Dublin South-East, myself included, lodged objections with An Bord Pleanála to the proposed incinerator. While the voice of the people should count for something in a democracy, it appears the Minister disagrees. On agreeing a programme for Government in recent weeks, he had the opportunity to make the incinerator in Poolbeg a make or break issue.

Unfortunately, however, he failed to so do. On the contrary, there is no reference to the incinerator in the programme for Government.” Deputy Creighton then went on to clarify what she believed should be done.

Minister John Gormley TD responded and said “I live with my family in Ringsend and my position as a public representative for Dublin South-East and a local resident in regard to the Poolbeg incinerator project is well known, entirely consistent and second to none.
“However, I address the House as Minister for the Environment, Heritage and Local Government and in that capacity must act under and be respectful of restrictions placed on me by primary legislation enacted by the Oireachtas. The motion tabled by the Fine Gael Party cites one of the statutory provisions under which I operate but conveniently ignores another.

“Notwithstanding the power available to me under section 24(c) of the Waste Management Act, there is also a very clear limitation of my powers under section 30 of the Planning and Development Act 2000 which states: ‘the Minister shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned’. In the light of this provision it would not be appropriate for me to comment on or interfere with this case which is before An Bord Pleanála. The Opposition knows this.”

Minister Gormley told the House “I have set out for Deputies the exact legal position. The Poolbeg project is the subject of an application by Dublin City Council to An Bord Pleanála for planning permission and an oral hearing in that regard has recently concluded. It is also the subject of an application by the council to the EPA for a waste licence and the legislation governing this process has a similar provision. These restrictions on ministerial involvement were put in place by the Oireachtas for good reasons.”

Deputy Ruairí Quinn, TD said that Deputy Gormley must ask himself, as Minister for the Environment, Heritage and Local Government, whether the policy direction to An Bord Pleanála to provide for incineration still stands or can be retrieved. “One cannot simply say there is a statutory legal planning process that cannot be interfered with. When the planning inspector in Ringaskiddy recommended that an incinerator there should not go ahead, An Bord Pleanála, having regard to the policy direction that was legally given to it by the then Minister acting in his official capacity, said there was a higher instruction.”

Picture: A computer-generated image by Thomas Plunkett on flickr.com of the proposed incinerator as seen from Sandymount Strand. The proportions are, we are told, accurate.