Dublin City Council

Question to City Manager City

Council Meeting 01/03/2010

Could the City Manager outline the overall costs of the two reports from RPS Ireland and the ESRI with regard to the Poolbeg incinerator and how much of these costs will be returned to Dublin City Council following the withdrawal of the ESRI report by that body because the document contained significant errors and the Judicial criticism of the RPS Ireland report which accused it of ‘massaging’ elements contained within the report?
Furthermore, will the Manager comment on the apparent conflict of interest for works carried out for Dublin City Council by RPS Mary Murphy Associates, a public relations agency on a 2 year contract with DCC and RPS Ireland, the owners of the above public relations agency and the producers of the report which received critical judicial comments in a case in which DCC lost?

The report prepared by the ESRI for the City Council cost €103,000 + VAT. The report has not been withdrawn and the ESRI very much stand over their report. The ESRI are examining points raised subsequent to the publication of the report and we understand they will comment further within the next week.

Regarding RPS and the recent High Court case they were retained directly by Solicitors acting on our behalf on the Waste Management Plan variation. The RPS reports were part of a number of reports prepared at the time and were submitted in draft form to the Solicitors. All the correspondence in relation to draft reports, changes to the drafts or editing of the reports took place between the Solicitors and the authors of the reports. RPS have reviewed all of the documents prepared by RPS in this case. They have stated categorically that proper procedures were followed throughout. The comments and feedback during the client review stage with the Solicitors were noted but the final reports, as issued, did not deviate from the facts and opinions as formulated by RPS having regard to the substance of the brief. The cost of the RPS reports amounted to €58,116.42 +VAT. The High Court judgement in this case is being considered and a decision on whether to appeal to the Supreme Court will be made in due course.
Mary Murphy & Associates won the contract for PR services to the City Council in 2009 following an open procurement process. The company also forms part of the Client Representative consortium to the Council on the Waste to Energy Project. No conflict of interest arises.


Question to City Manager

City Council Meeting 01/03/2010

Can the City Manager confirm whether a “Local Employment” clause can be inserted into a contractual agreement with a developer or whether this is in breach of European law?

As a general rule the imposition of a “Local Employment” clause in a contract between a Local Authority and a developer runs the risk of being in breach of European Law in that it may offend against the Articles governing free movement of persons in respect of work and services. It may be possible however to insert a provision requiring a small percentage of employees from the locality to be employed on a contract.


Question to City Manager

City Council Meeting 01/03/2010

Can the City Manager source and report the following information:
• The amount of fines issued for breach of the HGV exclusion zone in the City Centre,
• The amount of fines paid for breach of the HGV exclusion zone in the City Centre.

A request has been made to An Garda Síochána for the above information. The Councillor will be contacted upon receipt of further information.


Question to City Manager

City Council Meeting 01/03/2010

Can the City Manager provide details of the following:
• The amount of waste Dublin City Council ship abroad annually,
• A detailed breakdown of type of waste,
• The destination of this waste,
• The total cost of disposing of waste in this manner?

Dublin City Council, as a waste collector, does not export waste for disposal or recycling. Household and commercial waste collected by the Council is disposed through a combination of landfill and composting, while recyclables are managed by Greyhound Recycling and Recovery (GRR). Small quantities of hazardous waste, collected at DCC’s civic amenity and recycling sites, are managed by specialist companies while waste electrical and electronic waste and batteries are managed by the compliance schemes established by the Department of Environment (WEEE Ireland and European Recycling Platform).

In 2009, GRR exported in excess of 70,000 tonnes of material for recycling collected at kerbside in the Dublin region. GRR comply with the National Transfrontier Shipment Office (NTFSO) requirements to pre-notify waste exports on a quarterly basis and a fee of 0.30 cent per tonne exported for recycling is paid to the Office. The disposal of this waste involves an income not a cost to DCC and the price per tonne is dependent on the type and quality of material. The destinations of the waste include India, China, and the UK

The NTFSO was established in July 2007. Dublin City Council is designated as the national competent authority of dispatch in respect of the export of waste from the State, the competent authority of destination and the competent authority of transit in respect of the import of waste into, or passage of waste in transit, through the State. The primary aim of the NTFSO is to prevent the illegal shipment of waste abroad, and to assist firms engaged in legitimate waste export activities.

NTFSO customers are comprised of private companies (exporters, waste brokers and dealers, shipping agents etc.), and other local authorities.

The NTFSO is responsible for monitoring shipments of Amber List waste (waste that has a hazardous/mixed component) and Green List waste (non-hazardous waste for recovery). In 2008 approximately 800,000 tonnes of amber list waste was exported from Ireland. The destination of amber list waste is primarily mainland Europe – i.e. Belgium, England, Germany. An estimated 600,000 tonnes Green List waste was exported in 2008 to destinations which include England, Belgium, Netherlands, Germany. Dry recyclable material e.g. paper, plastic bottles are primarily exported to China for recovery. Disposal costs relate to the type of waste and the method of disposal.