Dáil Éireann debate -
Wednesday, 6 Oct 2004

Vol. 589 No. 4

Adjournment Debate.

Foreign Conflicts.

Mr. M. Higgins

I thank the Ceann Comhairle for allowing me to raise this issue. I congratulate the Minister on his appointment, wish him well in dealing with the complex issues he will face in future and thank him for the replies he has already given in respect of issues I have raised with him.

I raise this issue of the deteriorating situation in the Middle East in the context of the deaths of 85 Palestinians in the past seven days. This is an ever-present background factor to all the issues associated with Iraq. I recently received from the delegate general a list of those 85 who were killed and discovered that more than 20 were children aged between 14 and 16 years. There were also some very elderly people, the oldest of whom was aged 87. It is one of the unfortunate aspects of current foreign policy that the public and the media are beginning to accept deaths as merely numbers and statistics which are dissociated from the people involved.

The list to which I refer contains the name of Saed M. Abul Eish who was 14 years of age. The difference between the First World War and what happens today is interesting. Nobody in the media seems to give any description regarding how a person was killed. The 14-year old to whom I refer died as a result of injuries to the chest and abdomen. Also listed is Mohammed Jabr who was 16 years of age and who died of multiple body wounds. Ahmad A. Madhi, aged 16, died as a result of wounds to the chest and abdomen. As one reads through the list, the people on it acquire a personality and humanity because their age, name and the manner of their death is provided. I do not have time to go into the list in detail.

What is happening is a continuing breach of international law and many United Nations resolutions. Whether these are Chapter 7 resolutions is, to some extent, irrelevant. The Minister is aware, as was his predecessor, that there has been agreement across the floor of the House in respect of events in the Middle East. At present, however, a complete impasse has been reached in terms of the peace process and the roadmap for peace. It is clear that the withdrawal from Gaza and the Israeli position have completely replaced the commitment to the roadmap.

Each day, Palestinian people, including children and the elderly, are being slaughtered. I referred to the ages of the individuals to whom I referred earlier to make the point that while the principle of pre-emptive assassination — which is what is happening at present and which is causing many casualties among children and those over 80 years of age — is being employed, such methods do not simply result in the elimination of the leaders of terrorist groups. The issue which arises is exactly the same as that relating to the illegal war conducted in Iraq through the assertion of a principle of pre-emption, which is against every fundamental point of international law. What we are witnessing in Gaza, which was occupied in recent days, is the principle of pre-emptive, arbitrary assassination outside the terms of any law.

We have seen not merely the loss of life but also the maiming of people and the destruction of more than 1.3 million trees, the means of livelihood of an entire people. It is time the international community moved into the vacuum that has emerged in respect of the roadmap for peace. The European Union must fill that vacuum by providing positive proposals aimed at seeking a return to discussing a political solution. It is outrageous that one of the parties to the roadmap suggested that no progress is possible until Chairman Arafat is replaced. That is an outrageous interference in the sovereignty of a country. A debate is taking place within the Palestinian Authority which belongs to Palestinians.

I hope the new Minister will give prominence to taking such a political initiative. What is taking place serves as a backdrop to what is happening in Iraq. It is outrageous, as regards the prisoners issue in Iraq, that those on one side taking hostages can assert hundreds of prisoners and the occupying forces two or three. The International Committee of the Red Cross can clarify issues in respect of people held under the Geneva Convention but a body should assert on the others.

I thank the Minister for his recent letter regarding the measures the Government has taken which may facilitate the release of Ken Bigley. What is needed, however, is a re-engagement of those who are concerned, from a human standpoint, with the basis of this conflict which is threatening to create the foundations for another appalling war.

Minister for Foreign Affairs (Mr. D. Ahern)

I thank the Deputy for his remarks about my taking this position. I also thank him for his recent efforts in respect of the matter of Ken Bigley with which I will deal in due course.

I share the widely expressed concerns about the continuing deterioration of the situation in the Middle East, both in the occupied Palestinian territories and in Iraq. I will begin by addressing the current violence in the Gaza Strip. The Government's position on the Israel-Palestine conflict has been one of consistent support for a peaceful solution. Together with our EU partners, we work for a negotiated end to the conflict leading to two states, Israel and Palestine, living at peace within secure and recognised borders.

I issued a detailed statement on Monday — I hope the Deputy had an opportunity to read it — in which I expressed the Government's great concern at the deaths and injuries caused in the current upsurge of violence in the Gaza Strip and southern Israel. As the Deputy stated, more than 80 people, many of them civilians, including children, have been killed and dozens more injured during the major Israeli military incursion into the refugee camp in Gaza. This incursion is stated to be in response to continuing rocket attacks by Palestinian groups into southern Israel which resulted in the death of two young children last week.

I unequivocally condemn the terrorist attacks by Hamas and other Palestinian groups which have taken place, including, and in particular, the killing of young children, and demand their immediate end. I also call on the Palestinian Authority to act, to the fullest extent of its powers, to bring about a total ceasefire and put an end to such terrorist outrages.

I strongly urge the Israeli authorities to take every precaution to avoid causing civilian casualties and to conduct operations in full conformity with the obligations of international humanitarian law, including the Fourth Geneva Convention. We recognise Israel's right and duty to protect its own citizens but I am particularly concerned at the civilian casualties on the Palestinian side, including the many children killed or wounded, and the disproportionate force deployed by the Israeli defence forces, including the bulldozing of Palestinian homes and economic infrastructure. I strongly support Kofi Annan's call for an end to the incursions. The Taoiseach, I and others will meet Mr. Annan when he visits Ireland next week and we will raise these issues with him.

It is the Government's long-standing position that the ongoing cycle of violence will not lead to a resolution of the conflict. As happened in our own country, that type of violence will only postpone the day when an Israeli state and a Palestinian state can live side by side in peace and security. There is no substitute for political negotiations between the parties to the conflict leading to a lasting political settlement. I call on both parties to work for an immediate ceasefire as a prelude to renewed political contacts.

I am certain that everyone in the House shares the Deputy's concern about the ongoing hostage situation in Iraq. I call on all those holding hostages to release them immediately and unconditionally. This situation has been brought closer to home by the distressing case of Kenneth Bigley. We have all been extremely moved by the plight of his family and by their determination to do everything they can to secure his release. This determination has won support from eminent citizens around the world, from leading Arab figures and from thousands of people in Ireland, the UK and far beyond. One need only look at the Al-Jazeera website to see the many Irish people who have sent e-mails of support to that website and the Bigley family.

When the Government learned that Mr. Bigley's mother Elizabeth was born in Ireland, my predecessor, Deputy Cowen, immediately spoke to the British Foreign Secretary and informed him of the Irish interest in the case. As the Deputy is aware, the Taoiseach issued an appeal to the Al-Jazeera network the next day for Mr. Bigley's release. The Taoiseach also instructed the Irish ambassador in London to communicate the sympathy and support of the President, the Government and the Irish people to the Bigley family.

In the intervening period, we have been very actively monitoring the case. On my appointment as Minister for Foreign Affairs last week, I immediately reviewed the case with my senior officials to see how Irish influence could best be brought to bear. Following on from this, we had contacts with a number of authorities in the area. This included my discussing the Bigley case with the Jordanian Foreign Minister, whom I have met on many previous occasions, on Saturday morning and with the Secretary General of the Arab League, Amre Moussa, yesterday morning. We are, of course, remaining in close touch with these contacts.

Yesterday afternoon, on my instructions, a passport was issued to Kenneth Bigley in order to help convince his kidnappers of his Irish citizenship and in the hope that it will contribute to the efforts to secure his release. I was very happy to respond positively to the request from Mr. Bigley's family for an Irish passport. I thank the Deputy for his involvement in that respect.

We do not know at this stage what might persuade Kenneth Bigley's kidnappers to release him. The Government sincerely hopes that its continuing efforts will add constructively to the efforts of the Bigley family, the Jordanian and other Arab authorities, the British Government and the many other governments and leaders throughout the world who have joined in appealing for his release. These efforts have been complemented by the huge volume of concern and support of Irish people, including many Members of this House.

For reasons which I am sure Deputies will appreciate, I do not intend to comment further on this sensitive issue, other than to reiterate the hope that Mr. Bigley will soon be reunited safely with his family.

Alternative Energy Projects.

Ms F. O’Malley

I am grateful for the opportunity to raise this important issue on the Adjournment. Given the state of flux in which the agricultural sector exists and the growing importance of the Kyoto Protocol in future policy choices and decisions, the development of a renewal fuel sector in Ireland is a political imperative. The Government should open the door to development in this area. The Minister will be aware of the EU directive that requires Ireland to develop 2% of transport fuel as biofuel by 2005 and up to 5.75% by 2010. We are currently stuck at 0%. If we do not quickly incentivise development and innovation in this area we will be facing fines of many millions of euro. A clear and straightforward policy opening the market to a broad range of innovative solutions is called for.

It is now almost a year since the Minister announced his intention to introduce an excise reduction for pilot projects on biofuels, but very little has happened. If we are serious about the commitments on CO2 emissions into which we have entered, we need to act quickly. The main policy instruments available to us to mitigate harmful emissions, particularly from the transport sector, are fiscal and information instruments. These generally have two objectives, to influence behaviour and to affect purchasing decisions. If we are to make any headway on achieving the 2% benchmark, we must incentivise and change behaviour now.

I hope the Minister will facilitate the immediate opening of the market to biofuels for road use. This can be done by exempting biofuels from VAT and excise duty. Cork County Council runs a portion of its fleet fuelled by vegetable oil. This is supplied by Eilish Oils from County Wicklow, which produces it for 52 cent per litre. When VAT and excise duty are added the price rises to €1.12 per litre. This makes the biofuel 33% more expensive than conventional diesel fuel and thereby unattractive in the marketplace. The tax foregone on such a measure would far outweigh the benefits. A spin-off from the development of this industry will create employment, significantly reduce our CO2 emissions thereby avoiding punitive fines and offer new opportunities to enterprising farmers.

A range of sources and technologies are emerging both here and abroad. I understand that a third level institution has been involved in the production of bio-ethanol from wood waste and that this has produced encouraging yields. The measures to develop this sector need to take account of this diversity and all the diversity needs to be facilitated in a positive and welcoming environment that the Government intends and must, I hope, provide for biofuels.

We are falling behind our peers in Europe and to allow Irish entrepreneurs the opportunity to thrive, we must act now. I learnt today that we are exporting bio-diesel because the market is not developed here. We must reverse this. Clearly farmers and others are on board in producing the rapeseed and other raw material. The industry is by and large ready to roll. Let Government give it the green light, but do not let Government smother the incentive in red tape.

Minister of State at the Department of Transport (Mr. Callely)

I am replying on behalf of the Minister for Communications, Marine and Natural Resources. On his behalf I thank Deputy Fiona O'Malley for raising the issue. She can be assured that the Minister will take note of the comments. I believe I have some good news for the Deputy. Biofuels are renewable fuels, which have a significantly lower environmental impact than traditional mineral oils. They are available on the market as pure plant oil, which can only be used in vehicles with modified engines, bio-diesel, which is blended with diesel, and bio-ethanol, which is blended with petrol for use in ordinary engines.

Biofuels have an increasingly important role in achieving environmental objectives in the transport sector. Transport is the fastest growing sector in terms of greenhouse gas emissions and the national climate change strategy sets a target of reducing transport related greenhouse gas emissions by 2.67 million tonnes. The strategy calls for the introduction of measures to encourage more CO2 efficient fuels such as biofuels.

Earlier this year, the Department of Communications, Marine and Natural Resources secured an amendment to the Finance Act 1999, which allows the Minister for Finance to apply a relief from mineral oil tax, for biofuels essential to a pilot project to produce biofuel or to research aspects of biofuel production and usage as a motor fuel. The Department of Communications, Marine and Natural Resources and the Department of Finance have been in discussions about the final design of a proposed scheme under the measure and they expect to be in a position to announce details of a scheme under the Finance Act provision shortly.

Sustainable Energy Ireland is responsible for promoting and assisting environmentally and economically sustainable production, supply and use of energy, in support of Government policy. Its remit includes the task of promoting further research, development and demonstration of renewable energy technologies, including biofuels. SEI offers capital grant aid for biofuels projects as part of its research design and development programme.

Sustainable Energy Ireland has also concluded a resource study into the use of recovered vegetable oil and tallow produced from rendering plants with a view to converting such waste materials to bio-diesel. The study shows an immediate potential for 22,000 tonnes of tallow and 5,000 tonnes of recovered vegetable oil to be recycled as biofuels.

The Deputy is correct in referring to the benefits. It is clear the development of a biofuels sector in Ireland has potential to benefit many sectors, including the agricultural sector.

In March 2004, the Department of Agriculture and Food introduced an energy crops scheme, under which aid of €45 per hectare is granted for areas sown under energy crops and used for the production of biofuels or electrical and thermal energy produced from biomass. The Department of Communications, Marine and Natural Resources is aware of a number of biofuel projects in existence in the Wicklow and Wexford areas, as Deputy Fiona O'Malley said. The plant oil being produced from one of the projects is being used to fuel 17 vehicles operated by Cork City Council.

The EU directive on the promotion of the use of biofuels or other renewable fuels for transport requires member states to report on specific measures to promote biofuels and biomass and to set indicative targets for the penetration of biofuels on the transport fuels market. The Department of Communications, Marine and Natural Resources, through Sustainable Energy Ireland, has commissioned consultants to evaluate the policy options that might be available to develop a biofuels sector here. An interdepartmental biofuels group has been established, led by the Department. Apart from the Minister's officials, the group consists of officials from SEI and the Departments of Finance, the Environment, Heritage and Local Government, Transport and Agriculture and Food. The available policy options for the development of biofuels are being discussed. Potential constraints to development, such as limitations on available agricultural land and environmental impacts relating to the life cycle analysis for the production and sale of biofuels, are also being considered.

The Minister, Deputy Noel Dempsey, is fully committed to the development of an integrated biofuels policy for Ireland. He plans to assist Ireland in meeting its environmental targets and to benefit local economies. He has asked his Department to come forward with detailed proposals for the development of the sector and the implementation of the EU biofuels directive over the coming months. The Minister has advised me that he will keep Deputy Fiona O'Malley informed of all such developments.

State Airports.

Dr. Cowley

I am grateful for the opportunity to discuss this important matter on the Adjournment. I congratulate the Minister of State, Deputy Callely, on his appointment.

Funding of €150 million has been approved for Cork Airport in 2004, even though the airport already has strong infrastructure. The six regional airports have been allocated €2.5 million per year for the next three years. They will receive €7.5 million over three years. The regional airports have sought more money, but they will still receive very little if they are given a small percentage increase. The sum of €2.5 million is not much when it is divided between six airports.

Knock Airport needs an investment of €40 million and a dramatic change in direction, rather than the mediocre funding it has been getting. It is an international airport, in fairness, just like Shannon and Cork Airports. If one examines its passenger numbers, one will see that Knock Airport is growing at a rate of 55% this year. A flight to Gatwick Airport was launched recently so things are happening. It is envisaged that the airport's growth will be similarly dramatic in 2005.

I wish to give an example of the need for expenditure. It is estimated that the necessary passenger apron facilities for landing will cost €2 million. Category 2 lighting and associated developments necessary to reduce the number of diversions at the airport would cost €6 million. Safety and security developments are badly needed. The airport's fire tender has been costed at €750,000. Some 28 projects are needed at Knock Airport, at a cost of €40 million. A sum of €150 million was given to Cork Airport this year.

Knock Airport employs 100 people and indirectly supports more than 800 jobs. Dublin's roads are so congested that those trying to get in and out of Dublin Airport travel at a snail's pace. One should examine the pace of development at Knock Airport, through which 400,000 passengers travel. It has taken 18 years to reach such a level, but that should have happened in the airport's first four years of development. I ask the Minister of State to imagine the difference which balanced regional development would make to the country and to the lives of those trying to leave the County Mayo area.

Approximately 20 million people came in and out of Dublin, Cork and Shannon Airports last year. Is it any wonder there is congestion in such places? A fraction of that number — 250,000 people — came in and out of Knock last year. It is hell on earth to try to get in and out of Dublin because such an imbalance exists. Would it not make great sense to consider other development with the new terminal at Dublin Airport? Knock Airport was significantly restructured during the first phase of the national development plan, instigated in part by the Government following a report prepared by the then Department of Public Enterprise. Passenger numbers expanded rapidly, by 25% in 2003 and 55% so far in 2004, following that restructuring. Independent market assessments suggest that the growth will continue, to 1 million passengers in the medium term. Investment at Knock Airport is an imperative.

There was a significant underspend of €1.8 billion in the BMW region during the first phase of the national development plan. The economic gap between the east and west of the country continued to widen in that period. Approximately 25% of all job losses in State-assisted industries were in the seven-county western region. Those of us from that region are aware of the importance of airports to development. We are familiar with the challenges facing the western region.

In January 2004, York Aviation produced a report on the social and economic impact of airports in Europe. One of its key findings was that airports play an increasingly critical role in regional economies. Access to markets and external and international transport links are regarded as absolutely essential when business decisions are being made. Airports have a catalytic effect — they help to enhance business efficiency and productivity by providing easy access to suppliers and customers, particularly over medium and long distances. Global accessibility is a key factor for business location and success in all European regions.

International research has proven that airports stimulate regional development. That airports are major economic drivers in the western region is demonstrated by the fact that they supported 546,000 bed nights in the region in 2004. As long as Knock Airport continues to have an international runway length capacity of 2,300 metres, its potential will not be fully realised. The Government should have supported Knock Airport in the same way as it has supported Aer Rianta airports. It provides approximately €3 per passenger to such airports each year. The European norm is as high as €8 or €10. If the minimum Aer Rianta standard had been applied to Knock Airport, it would have received a capital investment of between €115 million and €190 in the last decade. Instead, it has received investment of less than €5 million. The Minister for Transport needs to have a vision for Knock Airport. The actions which have been taken until now have not addressed the problem and will not do so if they continue.

Mr. Callely

I thank Deputy Cowley for his kind congratulatory remarks on my appointment as Minister of State at the Department of Transport. It is interesting that an Opposition Member is calling on the Government to have a vision for Knock Airport. If I recall correctly, when a Fianna Fáil-led Administration supported the construction of Knock Airport, under the leadership of Monsignor Horan, those on the Opposition benches said that it would not be successful because it was being built on a foggy and boggy mountain. Neither Deputy Cowley nor I were in this House at that time.

Mr. Timmins

The Minister of State has a good memory.

Mr. Callely

Deputy Cowley is right to look to these quarters for vision. The general aim of the Department of Transport is to ensure that the gateway airports of the State have the appropriate infrastructure to provide a competitive service and to meet current and future needs of airlines and other aviation customers, consistent with a commercial mandate. The Department is committed to enhancing the contribution of the country's network of regional airports to balanced regional development.

The recently enacted State Airports Act 2004 strengthens the Government's policy by encouraging the development of State airports by means of the appointment of new boards for the Dublin, Cork and Shannon airport authorities. The State airports will continue to operate to a commercial mandate. The Government does not envisage that the revitalised State airports will require the provision of Exchequer support to meet their development needs. The changes made are designed to encourage commercially vibrant State airports which facilitate as wide a range as possible of reliable, regular and competitive commercial air services for Irish tourism, trade and industry.

The Government recognises the important role Knock Airport can play in stimulating more balanced economic development in the north west. The financial performance of the airport company has improved in recent years under the guidance of new management structures at the airport, and the airport company is no longer heavily dependent on Exchequer support as it was in the 1980s and 1990s. The importance of air access to the region is stressed in the national development plan, and the regional planning guidelines for the west region identify the need for a wider range of services at Knock Airport. The recent introduction of new services on non-subsidised routes to the UK is an encouraging development and will help contribute to economic growth through improved access to the region for business, tourism and inward investment.

In the recent past, traffic has grown significantly at Knock Airport. In the past five years passenger numbers rose from 197,000 in 2000 to almost 250,000 in 2003, and I understand from the airport company that the airport is on course to exceed 300,000 passengers for the first time in 2004. Much of that growth results from the introduction of the new daily services by low-cost operators on routes linking the region with large UK cities such as London, Birmingham and Manchester. The programme for Government provides for the continued support of the six regional airports, and Knock Airport continues to avail of a range of financial mechanisms in support of that objective.

My Department provided €2.4 million in Exchequer grants towards essential infrastructure at the airport between 2001 and 2003 under the BMW operational programme of the NDP. The most significant project supported under the measure was an impressive new departures hall, which was supported with grant-aid of approximately €1.38 million. The primary purpose of the NDP measure is to provide grant assistance to facilitate the continued safe and viable operations at the regional airports. My Department is currently considering proposals for the allocation of further capital assistance to ensure that the airport can meet all safety and security standards. Under the CLÁR fund in 2003 the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, provided grant-aid of approximately €400,000 towards the cost of new car-parking facilities.

My Department also provides funding towards current expenditure on marketing, safety and security measures. More than €1.2 million has been allocated to the airport for this purpose since 2001. Air access to the region is also directly facilitated through the daily public service obligation service linking the airport to Dublin.

I am aware that the airport board has submitted a three-year development plan to the Department for consideration under the national development plan. The ambitious development plan incorporates new terminal buildings, expansion of the apron area to accommodate more aircraft, and significantly upgraded taxi-ways and navigational aids.

My Department will continue to assist Knock Airport in the interests of the economic development of the BMW region. However, the level of financial support will have to be carefully evaluated in line with the general scale of operations at the airport and wider transport and aviation policy. The commercial initiative adopted by the new management structure at the airport is encouraging and will help to ensure the long-term future viability of the airport as it responds to the many challenges and opportunities currently facing all airports in the increasingly competitive and liberalised aviation sector.

On my appointment to the Department of Transport, my good friend and colleague, Deputy Carty, contacted me regarding some of the information on grants that I have given here tonight. In the light of my appointment, and now, with responsibility for the Irish Aviation Authority, he asked me to visit Knock, and I have given him an undertaking that I will do that in the coming months. I will be happy to inform Deputy Cowley when that visit will take place.

Dr. Cowley

I thank the Minister.

Mr. Timmins

It is very magnanimous of Deputy Callely to acknowledge the representations made by Deputy Carty.

Mr. Callely

He is a brilliant man.

Mr. Timmins

I am also glad to invoke the memory of the late Jim Mitchell. Whether one agreed with him or not, he had the ability to strike a chord with an impressionable young north side Dub.

Mr. Callely

He was a good friend.

Illegal Dumping.

Mr. Timmins

I thank the Ceann Comhairle for selecting this very important subject this evening. I congratulate Deputy Roche on his elevation to Minister for the Environment, Heritage and Local Government. I wish him and his family well. It is well deserved. He has a great task ahead of him, but I have every confidence that he will be more than equal to the challenge. I tabled this matter for the Adjournment before the Dáil resumed, and it is timely. It is appropriate that the Minister is here to respond, as I know that he has a great interest in the issue and is concerned that the right course of action be taken.

The issue of large-scale illegal dumping in County Wicklow first raised its head in the public domain in autumn 2001. While an examination of records can show that there were some complaints in previous years, I do not believe anyone other than those directly involved was aware of the scale of the problem. Wicklow, owing to its proximity to Dublin, the presence of many quarries, and increased truck movements after economic advances, was and is vulnerable to illegal dumping. However, the problem is not exclusive to County Wicklow. Nor is it exclusive to the west of that county. Many sites, large and small, have been identified, both countywide and countrywide. This evening, I am particularly concerned about two sites.

First, a company called Brownfield Restoration Ireland Limited has applied to the Environmental Protection Agency for a licence to restore the site of Whitestown, Stratford-on-Slaney and to take in an additional 1 million tonnes of waste over a ten-year period. This application was lodged some months ago, and I am given to understand that a decision may not now be taken until early next year. Approximately 250,000 tonnes of waste are on the site. Second, Roadstone Dublin Limited is in the process of preparing an application to keep the waste illegally dumped at its site in Blessington in situ. There are approximately 110,000 tonnes on that site.

Neither of those sites would ever have been considered for a legal landfill. Irrespective of that, it is totally unacceptable that an illegal act may now be rewarded. I cannot overemphasise the necessity for those companies to be required to move the waste off site immediately. The Whitestown site was uncovered in autumn 2001, and the Roadstone site in the late summer of 2002. There is growing concern among the local population at what they see as a failure to move things on.

In that vacuum, a great deal of misinformation and distrust has arisen. I know the Minister will want the problems to be addressed more speedily than to date. There have been disingenuous attempts to slur members of Wicklow County Council, and I wish that the catalysts of division and misinformation, whose numbers are small, would refrain from manipulating the public and join in the effort to have that waste removed. I cannot understand why people who purport to be interested in cleaning up the whole affair cannot put their energies into that rather than self-promotion and putting misinformation out into the public domain. It is a subject to which I hope I need not return, but if I have to do so, I will.

The draft Wicklow county development plan 2004-10 contains a policy at section 5.4.1 that the work on landscape, restoration and after-care of the site will be carried out to the highest standards in accordance with an approved scheme. The scheme is to incorporate progressive restoration that does not include landfill, industrial, commercial or domestic waste, nor illegal waste of any kind. I am not aware of any political party or group in Wicklow that is opposed to that. It is the correct thing to do, and to the best of my knowledge, everyone supports it right across the political domain. Dumping, legal or otherwise, is not permitted in quarries. I call on the Minister to use his good offices, first to ensure that the waste is removed and the site made safe in an environmentally friendly manner, second to ensure that the Garda investigation uncovers the truth of what has gone on and the necessary action is taken, and finally that the public know the full truth about who and what was involved in this whole unsavoury saga, no matter what lengths he has to go to.

One must empathise with a population that is becoming increasingly cynical of authorities that can move so fast on minor breaches by individuals but in the case of major companies appear to be moving at a snail's pace.

I wish the Minister well and know that he will use all the resources that he can to address the problem.

Minister for the Environment, Heritage and Local Government (Mr. Roche)

I thank my good friend and constituency colleague, Deputy Timmins, for his kind remarks. If the two dumps he mentioned, Whitestown and Roadstone, had been specifically mentioned, I would have been able to respond in more detail. However, we can return to that, and I will deal with it in correspondence with Deputy Timmins. I thank the Deputy for raising the matter, which is very important. He is well aware of my long-standing and unrelenting criticism of those who have been involved in illegal dumping. It is particularly interesting that the correspondence files in the county council show that, when I was a councillor, I was very active in criticism of both those dumps.

Substantial powers were provided to local authorities under the Waste Management Act 1996 to enable them to tackle illegal waste activity and these were further strengthened by the Protection of the Environment Act 2003. That Act was very significantly influenced by the events unfolding at that time in County Wicklow.

Local authorities are empowered to order measures to be taken regarding the disposal of waste, including the remediation of any effects arising from illegal activities. Deputy Timmins has outlined the extent of measures that can be taken. They may also directly take appropriate actions to remedy or counteract such activities and to recover their costs through the courts. Local authorities also enjoy substantial powers to halt vehicles, inspect premises and examine records found.

The burden of proof in certain enforcement activities has been changed, in light of the incidences of illegal dumping in Wicklow, to require that the defendant must demonstrate how his or her activities do not cause environmental pollution. Furthermore, the courts can now assume, in certain cases, that a landowner consented to the illegal activity, unless the contrary can be shown. It should also be noted that the maximum penalties attaching to illegal waste activities are substantial, involving a €15 million fine and-or a ten-year jail sentence. Those are not insignificant penalties.

To assist local authorities in acting on these powers, €7 million has been allocated from the environmental fund to directly support ramping up overall environmental enforcement effort, with particular emphasis on combating dumping and other unauthorised waste activities. Of equal importance is the recent establishment of the Office of Environmental Enforcement whose primary initial focus is to improve implementation and enforcement of waste management legislation. The OEE has established an unauthorised waste working group, including representatives of local authorities and my Department, whose functions include co-ordination of enforcement actions against companies and individuals involved in the illegal movement and disposal of waste.

The Government has demonstrated the seriousness with which it views incidences of illegal dumping. The Garda Síochána was requested to assist in the investigation of such activities in Wicklow. An investigative team from the national bureau of criminal investigation is involved in ongoing inquiries into these matters. As a consequence of the steps taken, a successful High Court prosecution has been secured. The Deputy will appreciate that in respect of further pending proceedings I am naturally constrained from commenting to preclude any possibility of prejudicing the outcome. I understand there will be further proceedings.

I do not want to say anything that could let a criminal, corporate or private, off the hook. However, I can advise that Wicklow County Council, in partnership with the NBCI, is continuing to investigate illegal waste activity and, in several instances, formal legal proceedings are being prepared. I hope to see more cases in the courts in the not too distant future.

In addition, the local authority has reported to my Department that it is investigating the main incidences of illegal activity. Deputy Timmins made a good point about speed being of the essence. I share his view on that. He can be assured that I will be encouraging, both through my Department and the local government officials responsible, movement on this matter at a more visibly speedy pace than has been the case so far.

The council believes that systematic illegal dumping has been discontinued in the county. I will need some convincing on that. We must not be complacent. What happened could recur if people feel they can get away with it, because the rewards are high.

I am sure the House will acknowledge that, taken together, the measures that I have outlined will greatly strengthen local authorities in tackling the problem of illegal waste activities and are a testament to the priority the Government attaches to this matter. The measures I have outlined make it clear that the type of activity that turned the garden of Ireland into the dumping ground of Ireland will not be tolerated.

Nobody, corporate or private, is above the law. On my watch the stringent legal measures that have been put on the book will be implemented. There are positive signs that the penny has started to drop. Those who might have felt in the past that they were too powerful or that their activities were too well hidden will have reason to believe they were wrong on both counts.

Deputy Timmins mentioned two specific cases. As he knows, both in the case of Whitestown and Roadstone, and the Roadstone lands, the EPA operates as a completely independent authority, and properly so. It will not be subject to political interference. My views on both cases are a matter of record and I am sure they have been taken note of in Wexford. The EPA has to make its own decision in these matters and will be fully independent in doing so.

Deputy Timmins also touched on the level of activity being taken to counteract illegal dumping. I have indicated in the Department that I am interested in seeing that activity stepped up and in seeing very visible evidence of that sooner rather than later.

The Dáil adjourned at 9.55 p.m. until 10.30 a.m. on Thursday, 7 October 2004.