Joint Statement by Councillors Tommy Cullen Labour Party and Deirdre de Burca Green Party

We put the following questions directly to the Wicklow Manager Mr. Edward Sheahy in our contributions to the debate on illegal dumping in the county of Wicklow. The manager refused to answer the following:

(1) Did senior engineering staff of this council visit the Whitestown site during the period of illegal dumping going back over a number of years?

(2) Was an agreement reached between Mr John O'Reilly, owner of the Whitestown pit, and senior engineer of Wicklow Co Council for the council to operate a landfill site on Mr O'Reilly's lands at Whitestown? Was a site survey carried out by officials of Wicklow Co Council prior to this agreement? Did this survey and agreement coincide with a period of substantial illegal dumping on the same site?

(3) On 21.11.01 when Council Official Ms Sonia Dean was cordoning the Whitestown site, did a council truck carrying waste materials seek entrance to the site to dump its load? Was this council vehicle refused entry at the gate by the official? Was this incident reported by that official to the County Manager?

(4) Can the manger assure us that no contractors working on behalf of Wicklow Co Council deposited waste materials in the Whitestown site?

(5) Has Wicklow Co Council on it s own, or in conjunction with the E.P.A, sought or made approaches to any third parties to make the Whitestown site a "legal landfill" for the purpose of removing the toxic clinical waste from Coolamadra?

(6) Is it the policy and intent of the County Manager to have removed all illegal waste materials from both the Coolamadra and Whitestown sites or any future illegal sites discovered to a properly licensed landfill for such purpose?

(7) Was any instruction formerly given either informally, verbally or in written form to enforcement officers of Wicklow County Council not to enforce certain sections of the Waste Management Act 1996, in particular section 55 of the said Act?

(8) Why did Wicklow Council not enforce the 1996 Waste Management Act by issuing a section 55 notice on the owner of the Whitestown site when originally discovered in March 1998, after reports by local residents? If such a notice had been served back than, a huge proportion of the subsequent dumping may not have taken place?

(9) Likewise why on discovery of the Coolamadra site on August 2nd 2001 was not section 55 notice served on the landowner, when according to the Council there was a small amount of refuse present? Between that date and the council's second visit to the site on October 22nd, 2001 almost ten thousand tons of toxic hazardous waste had been dumped there. Again this may not have happened if a section 55 notices had been served.

(10) Given that Wickow Co Council did serve a section 55 notice on a landowner at Crosscool Harbour Blessington on the August 29th, 2001, why did it not do the same at Coolamadra?

(11) Can the manager state categorically that Wicklow Co Council did not engage in systematic illegal dumping on the Roadstone lands at Blessington, as it is claimed by that company, and at O'Reilly's site at Whitestown, Stratford, as is also suggested?

(12) Why does there appear to be a certain reluctance by council officials to carry out detailed searches of potential illegal dumping sites in the Blessington area, particularly when almost the entire population of that town and district depend on ground water supplies from wells drawn from the substantial subterranean aquifer on which certain of these sites are claimed to be? Why is there such delay in these searches?

The County Manager stated at the Council meeting of 11.3.02 that he did not see his role as one of being accountable to the elected members for his actions. This statement causes serious concerns coming from a public official addressing an elected democratic body. He further questioned the right and role of an elected representative to hold him answerable. Clearly these views in our opinion run contrary to fundamental democratic beliefs and principles. No person or body must or can be above accountable to the democratic process. If the County Manager feels that his role is such then clearly the Minister must clarify if he also believes that this is the case. If he does not agree with the manager's view of his role and position of accountability then the Minister must take whatever action is required to restore the balance of democratic accountability to Wickow Co Council as a matter of urgency.

The County Manager would not confirm that it was the council's intention to take legal action against either the hospital's involved in producing the clinical waste found in Whitestown or Coolamadra dumps. In fact he stated that he had not given any instruction to his legal section to prepare such an action. Almost five months since the discovery of the toxic hospital waste, we find that statement significant.

Roadstone Dublin Ltd. At Blessington and O'Reillys at Whitestown, Stratford have both made public claims that Wicklow Co Council itself was involved in illegal dumping on their respective lands. As elected representatives of that council we believe that an independent inspector with appropriate powers be appointed by the Minister to examine these charges laid against the council. It can not be in either the interest of the council or indeed the Department of the Environment that the council be allowed to examine and judge itself whilst at the same time prosecuting others for a similar offence. The CAB has no remit to deal with environmental pollution and it long-term effects. If the Minister does not act now surely the European Commission will.

For further information please contact Deirdre de Burca on 086 8061450 or email deburca@wicklowgreens.org.