1 February 2001 Edition
Morgan wins review of incinerator ruling
BY ROISIN DE ROSA
Sinn Féin's Arthur Morgan has been granted a judicial review of a ruling of Louth County Council chairperson that opened the way for incineration as a waste management strategy for the area.
In the High Court in Dublin on Monday 29 January, Judge Lavin granted Morgan right to a judicial review of County Council Chair Nicholas McCabe's ruling on the council vote to rescind an earlier decision rejecting the Draft Waste Management Plan for the North East Region.
Councillors rejected the plan in October because it included incineration. In order to reject that decision, the plan's supporters needed ``not less than a two thirds majority of the vote.'' Sixteen of the 25 councillors present voted to rescind. Nine voted against. The chair ruled that this represented a two-thirds majority. It was this decision Arthur Morgan contested.
Judge Lavin granted the judicial review without any question and expressed some surprise that such matters had not come before the courts previously.
The ruling keeps open the question of the waste plan's acceptance in the region. It further strengthens local opposition to incineration.
``I regret the fact that I have been forced to resort to the courts but the High Court has accepted that I have a case in my contention that the motion did not receive the requisite two thirds majority to overturn the earlier rejection of the Draft Plan and its incineration option,'' said Morgan.
``I have yet to meet one ordinary person who is in favour of incinerators. I believe that some councillors are being stampeded into accepting incineration while our constituents are overwhelmingly against it.''
Next Monday, 5 February, Meath County Councillors will discuss Sinn Féin Councillor Joe Reilly's resolution that they re-examine their decision on incineration, given the strength of opposition in the county.
It was reported that on Tuesday Minister Noel Dempsey went to government with a plan for emergency legislation to amend the 1996 Waste Management Act so that agreement to the draft plans is taken out of the hands of elected representatives altogether and placed in the hands of local authority executives. The minister has claimed that the refusal of regions, except Dublin and the Mid West Region, to agree the plans proposed by the consultants means that local authorities are in dereliction of their responsibility to agree waste management plans.
What is inexplicable is that the local authorities that have rejected the plans on the basis of widespread opposition to incineration, have not drawn up detailed proposals for alternative waste management not relying on incineration. Campaigners from Galway to Louth have consistently made the point that incineration is unnecessary, as well as poisonous, damaging to health and extremely expensive.
Minister accused of flouting democracy
Sinn Féin TD Caoimhghín Ó Caoláin, at a press conference in Drogheda last week, said the waste management problem had been ``handled abominably'' by the present government. ``The minister, having placed responsibility into the hands of local authorities, now threatens to remove it, now that councils have failed to vote the way the minister directed,'' he said.
Ó Caoláin referred to the submission Sinn Féin had presented on behalf of the party's councillors in Cavan, Monaghan, Louth and Monaghan, on the waste management plan. He asked why the councils in the North East Region, under the headings of recycling and composting proposed in the submission, had not drawn up this alternative plan that would obviate the need for incineration in the first place?
He said that the failure of council executives to follow the direction of the councillors represented a grave dereliction of their responsibilities.
Making a tool of the EPA
The government faces a further crisis in Galway, where Environment Protection Agency (EPA) directions stipulate a reduction in disposal of waste at Ballinasloe dump. The government clearly intends to `encourage' the EPA to alter this directive capping the Ballinasloe landfill.
At best, says Arthur Morgan, even with agreement, an incineration plant would not be on stream for the next five or six years. ``Forcing the local councils to accept incinerators is irrelevant to the immediate crisis Ballanisloe and Galway face, and flouts democratic precepts of the right of the people to decide,'' he says.
Provision for recycling and composting, which could quickly remove at least 50% of the waste stream that at present needs to go to landfill, would provide an immediate solution to an immediate problem, said Morgan. ``Why does Noel Dempsey not admit defeat on incineration and get on with the task of facilitating councils to recycle household waste?'' he asked. ``Sinn Féin has offered the solutions. Why doesn't the government take them up?''
Drogheda says No
A large angry meeting in Drogheda last Thursday, 25 January, overwhelmingly rejected Indaver's plans for an incinerator at Carranstown, County Meath, ten miles from Drogheda town.
Sinn Féin's Arthur Morgan has been granted a judicial review of a ruling of Louth County Council chairperson that opened the way for incineration as a waste management strategy for the area.
In the High Court in Dublin on Monday 29 January, Judge Lavin granted Morgan right to a judicial review of County Council Chair Nicholas McCabe's ruling on the council vote to rescind an earlier decision rejecting the Draft Waste Management Plan for the North East Region.
Councillors rejected the plan in October because it included incineration. In order to reject that decision, the plan's supporters needed ``not less than a two thirds majority of the vote.'' Sixteen of the 25 councillors present voted to rescind. Nine voted against. The chair ruled that this represented a two-thirds majority. It was this decision Arthur Morgan contested.
Judge Lavin granted the judicial review without any question and expressed some surprise that such matters had not come before the courts previously.
The ruling keeps open the question of the waste plan's acceptance in the region. It further strengthens local opposition to incineration.
``I regret the fact that I have been forced to resort to the courts but the High Court has accepted that I have a case in my contention that the motion did not receive the requisite two thirds majority to overturn the earlier rejection of the Draft Plan and its incineration option,'' said Morgan.
``I have yet to meet one ordinary person who is in favour of incinerators. I believe that some councillors are being stampeded into accepting incineration while our constituents are overwhelmingly against it.''
Next Monday, 5 February, Meath County Councillors will discuss Sinn Féin Councillor Joe Reilly's resolution that they re-examine their decision on incineration, given the strength of opposition in the county.
It was reported that on Tuesday Minister Noel Dempsey went to government with a plan for emergency legislation to amend the 1996 Waste Management Act so that agreement to the draft plans is taken out of the hands of elected representatives altogether and placed in the hands of local authority executives. The minister has claimed that the refusal of regions, except Dublin and the Mid West Region, to agree the plans proposed by the consultants means that local authorities are in dereliction of their responsibility to agree waste management plans.
What is inexplicable is that the local authorities that have rejected the plans on the basis of widespread opposition to incineration, have not drawn up detailed proposals for alternative waste management not relying on incineration. Campaigners from Galway to Louth have consistently made the point that incineration is unnecessary, as well as poisonous, damaging to health and extremely expensive.
Minister accused of flouting democracy
Sinn Féin TD Caoimhghín Ó Caoláin, at a press conference in Drogheda last week, said the waste management problem had been ``handled abominably'' by the present government. ``The minister, having placed responsibility into the hands of local authorities, now threatens to remove it, now that councils have failed to vote the way the minister directed,'' he said.
Ó Caoláin referred to the submission Sinn Féin had presented on behalf of the party's councillors in Cavan, Monaghan, Louth and Monaghan, on the waste management plan. He asked why the councils in the North East Region, under the headings of recycling and composting proposed in the submission, had not drawn up this alternative plan that would obviate the need for incineration in the first place?
He said that the failure of council executives to follow the direction of the councillors represented a grave dereliction of their responsibilities.
Making a tool of the EPA
The government faces a further crisis in Galway, where Environment Protection Agency (EPA) directions stipulate a reduction in disposal of waste at Ballinasloe dump. The government clearly intends to `encourage' the EPA to alter this directive capping the Ballinasloe landfill.
At best, says Arthur Morgan, even with agreement, an incineration plant would not be on stream for the next five or six years. ``Forcing the local councils to accept incinerators is irrelevant to the immediate crisis Ballanisloe and Galway face, and flouts democratic precepts of the right of the people to decide,'' he says.
Provision for recycling and composting, which could quickly remove at least 50% of the waste stream that at present needs to go to landfill, would provide an immediate solution to an immediate problem, said Morgan. ``Why does Noel Dempsey not admit defeat on incineration and get on with the task of facilitating councils to recycle household waste?'' he asked. ``Sinn Féin has offered the solutions. Why doesn't the government take them up?''
Drogheda says No
A large angry meeting in Drogheda last Thursday, 25 January, overwhelmingly rejected Indaver's plans for an incinerator at Carranstown, County Meath, ten miles from Drogheda town.