Dáil Éireann debate -
Thursday, 8 May 2003

Vol. 566 No. 2

Other Questions. - Health and Safety Regulations.

John Gormley

Question:

6 Mr. Gormley asked the Tánaiste and Minister for Enterprise, Trade and Employment if her Department will be carrying out a review of the work of the Health and Safety Authority following the refusal by An Bord Pleanála to grant approval of the Bellnaboy gas terminal in County Mayo; the reason the HSA was only available for one day during the An Bord Pleanála oral hearing; the further reason the HSA only carried out an assessment on the area inside the fence of the development; the further reason the HSA described the project as a low tier project which would require no internal safety study from a company (details supplied) or an external safety plan; the further reason the HSA did not examine the pipeline from the landfall of the site to the terminal; and the further reason the dumping of 650,000 cu. m. excavated peat and other material from the site and its dumping onto neighbouring peat bog was not seen as the health and safety problem that An Bord Pleanála recognised. [12371/03]

Mr. Fahey:

Health and safety inspectors were present for a week at the first hearing and were cross-examined for three full days at the second hearing in the context the HSA's responsibilities under the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000.

The HSA carried out an assessment of the area inside the fence of the development because the authority was satisfied that it constituted the area to be assessed as a source of major accident hazards and described by the term "establishment" within the meaning of the directive. The HSA, based on the details supplied to it, was satisfied that the project be classed as a lower tier site, which requires an accident prevention policy to be prepared and implemented but not the provision of a more rigorous safety study known as a safety report. The pipeline from the landfall to the terminal site is outside the scope of the directive and implementing regulations, and hence, the HSA's remit.

The HSA provided a report to An Bord Pleanála in response to its general request of 16 October 2002, which reflected, inter alia, a focus on the direct effects of fire and explosion at residential properties from an accident at an establishment. In this regard, the consideration of pressure effects on land masses was not a criterion used by the HSA at the time of the assessment.

The authority continuously keeps under review its criteria for the provision and content of its land use planning advice under the Seveso directive and, in this regard, is currently studying the inspector's comments in the An Bord Pleanála report.

Mr. Eamon Ryan:

Has the Minister of State studied the inspector's comments rather than being a lobbyist for the oil exploration industry, which he seems to have been keen to be for the past week? According to the inspector's report, the HSA could not confirm how many people lived within the area affected, was unable to give accurate figures about the proposed development, was unable to assess the opportunity or test the model in regard to the development and was unable to give any opinion on possible fire hazards adjacent to the development. Did the Minister of State read the inspector's report, which states that the HSA, in this case, had submitted no technical advice on the risks to the community or the environment? I am quoting directly from the inspector's report.

An Leas-Cheann Comhairle:

It is not in order to quote during Question Time.

Mr. Eamon Ryan:

I will not quote. The inspector commented that the HSA's inability to give technical advice to the board on the matter was wholly unacceptable and that it was clearly in breach of the Seveso directive.

An Leas-Cheann Comhairle:

The Deputy's one minute is up.

Mr. Eamon Ryan:

In circumstances where the board is saying that the HSA completely failed in its role, what will the Minister of State do to review its work and get us away from being seen as an environmental pariah and as incompetent by the relevant international industries.

An Leas-Cheann Comhairle:

I again remind the House of the rules on supplementary questions.

Mr. Fahey:

The HSA report was provided pursuant to regulation 29 of the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000. The report reflected, inter alia, a focus on the direct effects of fire and explosion at residential properties from an incident at an establishment, such data as being relevant to the areas of public use.

Mr. Eamon Ryan:

It is wholly unacceptable.

Mr. Fahey:

In respect of areas referred to in the question, the HSA carried out an assessment of the area inside the fence of the development because the authority was satisfied that it constituted the area to be assessed as a source of major accident hazards and described by the term "establishment" within the meaning of the directive. As I said, the HSA is studying the inspector's comment in the report of An Bord Pleanála and will be continuously keeping its criteria under review in respect of it.

Mr. Eamon Ryan:

Will the Minister of State be reviewing it? Is he concerned that An Bord Pleanála says that the work was wholly inadequate? Is he concerned about the way it worked?

Mr. Morgan:

Does the Minister of State agree it is now time to postpone any further development on the Corrib gas field until there is a full investigation into the many dubious decisions taken to date on it? For example, the board of Coillte has never been told the sum of money paid for Ballinaboy Wood despite several requests. It seems to be a secret. Why is the disposal of an asset like that such a secret? This matter is a cause of grave concern to many people.

Does the Minister agree that all development there should be put on hold until such time as there is a full public inquiry into all that is going on? People are concerned that the Minister of State, Deputy Fahey, is behaving like an agent of the company involved.

Mr. Fahey:

I am proud to be an agent for the people of the west and to put forward—

Mr. Morgan:

It is an oil company.

Mr. Fahey:

—the overwhelming view of those people that this project should proceed, subject to proper planning and development.

Mr. Eamon Ryan:

So do we. The incompetence of the Government has led to it being stopped.

Mr. Fahey:

All regulations should be adhered to. I have asked the HSA for a response when it has considered its review of the inspector's report.

An Ceann Comhairle:

Ceist Uimhir 7.

Mr. Howlin:

Will I answer it myself or phone a friend?

Mr. Hogan:

The Minister was always ahead of herself.