Dáil Éireann Debate, Thursday - 30 September 2004
4 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the reason for the delays in introducing legislation promised in 2003 to enable major infrastructural projects to be fast-tracked through the planning process; and if incinerators will be included in the type of projects to be defined in the legislation. [22673/04]
View answerThe Department has been examining the development consent legislation to ensure we have the best possible system for the timely and cost effective delivery of infrastructure. There is a wide consensus that Ireland should have a regulatory system for major infrastructural projects which delivers infrastructure in the right place at the earliest possible time and on budget while mitigating its effects on the environment and people. Such projects should also comply with all relevant national and international legal requirements. Having examined the problems which have arisen in this area, we consider that legislation is desirable to address issues arising in the approval process.
Due to the complexity of the issues involved and the need to consult widely among my colleagues, the preparation of draft legislative proposals has taken some time. The legislation is now, however, at a very advanced stage. In advance of the Government making a decision on these proposals, it would be inappropriate to elaborate on their detail including details of the types of national infrastructure which may be included in the proposed legislation. In general terms, it is intended to reduce the time required for obtaining development consent for necessary major public projects and to co-ordinate and streamline the different procedures involved while respecting the requirements of environmental and heritage protection and the need for adequate public consultation.
This fast-track legislation which was promised over a year ago appears to have hit the slow lane. It is commonly known that the delays have been due to major differences between Ministers with Deputy Cullen in favour of including incineration projects. I congratulate Deputy Roche on his appointment as Minister, which perhaps makes it a little premature to ask him his personal opinion on whether incineration should be included in fast-track legislation. What is the Minister's overall view of incineration as part of waste management policy?
I thank Deputy Allen for his good wishes. As every Member of the House is aware, the waste framework directive as amended establishes the basic principle of dealing with waste in an environmentally friendly and sustainable way. To the degree that is possible, there is a waste hierarchy of reduction, reuse, recycling and recovery of which we are all aware. The use of modern, clean thermal facilities with heat energy recovery constitutes an important part of any sustainable waste management policy. Landfill, which we still use to a predominant extent, should and will be used only for residual waste. This extensive policy is supported in the programme for Government and very much accords with my views. After all, I live in and represent a county which has featured more than most in the context of the dreadful waste disposal problems we have.
I am not prepared to see the garden of Ireland despoiled further. A coherent policy must be introduced and a willingness to deal with the problems demonstrated. Deputy Allen does some disservice to the legislation in this very complex area. We are all aware of the complications which have arisen and we are aware of the need for the legislation to which the Deputy referred. The initial proposals for this legislation were announced in July 2003. It is a difficult process and to establish the correct balance takes time, but we are working on the legislation and we will produce it.
I do not know what the Minister meant when he said I was doing the legislation a disservice by asking relevant questions. Surely, that is my job. The Minister raised the issue of illegal dumping in the garden of Ireland. Is he prepared to ensure the local authority will take all necessary steps in the courts to deal with some of the significant players who have been involved in illegal dumping? Among them are some very big names which I will not mention. The Minister has made many statements about illegal dumping in Wicklow and said the full rigours of the law should be used against major companies. As he is now the man in charge, will the Minister put his words into action?
Deputy Allen is correct. I have taken a great interest in this issue and been to the forefront, particularly in my county, in highlighting the problem and requiring local authorities to take action. That is widely accepted. I was not alone but was one of a handful of public representatives involved.
Deputy Allen asked whether the large as well as the small players should be prosecuted. It is my belief that nobody is above or beneath the law. Its full rigours must be visited upon those who have done so much environmental damage. It is simply unacceptable that the burden of dealing with their past behaviour should fall on taxpayers. To answer the Deputy's question, I will be as active as before in promoting this position in County Wicklow and elsewhere. Where there has been transgression, I will insist the existing legal base is used with effect by local authorities to prosecute such action as is necessary.
Deputy Allen asked specifically about incidents in Wicklow. I have been to the fore in encouraging a position in which local authorities prosecute irrespective of status or size. I pay tribute to Deputies Cullen and Noel Dempsey and to those who have not been in office but have been as concerned about the matter as I have. I assure Deputy Allen that the energy I put into the issue as a mere councillor will be reflected in my efforts as Minister. As recently as today, I have made it clear that I expect action to be taken in the areas outlined.
While the Minister can say he expects action to be taken, the major weakness of local authorities is that they lack the resources for enforcement. Will the Minister ensure not only that legal action is taken irrespective of the size of the groups involved, but also that local authorities are provided with the resources to beef up their enforcement sections? Across the country, the weakness is that there is a lack of personnel and resources to enforce the planning laws.
While I hesitate to disagree with Deputy Allen, I must disagree with him on this matter. Over the not too distant past, there has been a failure of willingness rather than of resources to deal with this issue. I draw the Deputy's attention to public representatives from my party and others who were indicating concerns for up to five years before action was taken. That is not good enough. As was highlighted in an RTE programme, where members of the public or political members of local authorities indicate concerns, there should be active pursuit of those involved in illegality.
Certainly, there has been no indication that the problem is one of resources. The Deputy will understand that it takes time to put together a case which will hold up in the courts. While we all accept that evidential requirements are very strong, there is full encouragement from my office to all local authorities in this regard. If local authorities feel there is a particular resource issue, I would like to hear from them. In the past, the problem has not been in this area.
We shall see.
