I propose to take Questions Nos. 1002 and 1003 together.
The facility in question is provided for in the Dublin regional waste management plan for which the four Dublin local authorities have statutory responsibility under the Waste Management Acts. Section 60(3) of the Waste Management Act, 1996 precludes the Minister from exercising any power or control in relation to the performance by a local authority of a function conferred on it.
In view of the project's status as a prospective public private partnership, my Department was involved in certifying that the procurement was conducted in accordance with public policy on the procurement of infrastructure in this way. The Department by letter dated 14 September 2005 advised Dublin City Council, which acts as lead authority for the project, that having considered the submissions received in respect of the procurement process there was no objection to Dublin City Council proceeding to enter into contractual arrangements with the selected private partner. My Department and the National Development Finance Agency had representation on the project board established to manage the procurement process. The project board did not have a role in regard to the contractual arrangements subsequently entered into by Dublin City Council. My Department is not a party to this contract and has no further role in the matter.
The Minister for Finance in his response, in April 2007, to the recommendations in the Committee of Public Accounts report took the view that this recommendation would need to be considered by the relevant sponsoring agency on a case by case basis, having regard to protecting the State's negotiating position and the statutory, civil and legal rights of contracting parties. He also noted that all of the PPP documentation and analyses are available to the Comptroller and Auditor General.
In the case of this project Dublin City Council is the relevant sponsoring agency, and the Council has not made any proposal to my Department to release the Public Sector Benchmark. My Department is aware that independent statutory processes are still in progress in regard to the project, and any issues which arise in that context with implications for the contract are a matter for Dublin City Council.