The Consultation ‘Problem’

1. The Consultation ‘Problem’ "I would like to have the power of the Mayor [of Shanghai] . . . I would just like that we can get through the consultation problem as quick as possible". (An Taoiseach, Bertie Ahern, 20th Jan 2005, China) The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

2. Overview • CHASE’s aims and concerns • The planning process • CHASE’s participation • The principal participants and how they engaged in the process • What we have learnt The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

3. Cork Harbour Alliance for a Safe Environment Alliance of community groups CHASE’s Aims Prevent toxic waste incineration in Cork Harbour Promote awareness of alternative solutions Increase national/local knowledge about mass incineration Actively promote non-burn solutions About CHASE The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

4. International guidelines (WHO) indicate site is unsuitable Health studies suggest that incinerator emissions are harmful to health International/national policies view incineration as a last resort, to be used only when all other options have been exhausted Why is CHASE concerned? The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

5. Why have a planning system? “To provide, in the interests of the common good, for proper planning and sustainable development” (The Planning and Development Act 2000) The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

6. County Development Plan Cork Waste Management Plan Cork Area Strategic Plan National Spatial Strategy 30,000 objections to application Councillors refuse to materially contravene CDP Cork County Council refuse planning permission Applicant appeals to An Bord Pleanála CHASE and over 20 other parties lodge counter appeal to uphold refusal Three-week long oral hearing takes place Planning process – community participation The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

7. Planning process – the participants The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

8. The Participants – the applicant • Provided inadequate information‘EIS is inadequate and fails to comply with mandatory requirements’(ABP Inspector’s Report) • Unaware of WHO Guidelines for Site Selection (ABP Inspector’s Report) • Did not carry out flora/fauna study for operation of plant, as legally required (ABP Inspector’s Report and EPA Oral Hearing) • Did not carry out risk assessment on human health (Dr. Anthony Staines, EPA Oral Hearing) The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

9. The Participants – the applicant Critique of the ‘Impact on Human Beings’ “This section of the EIS seems to me to be deficient. I would not regard this as an adequate or a useful contribution to an assessment of the human health impacts of the development proposed here. There is no description of the process used to produce it, but I do not see any obvious indication that any formal process for human health assessment was used.” (Dr. Anthony Staines, Co-author Health Research Bureau Report 2003, at EPA Oral Hearing 2005) The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

10. Cork County Countil refused planning permission Failed to inform public of Seveso II nature of site Ignored dangers posed to Maritime College ‘In the case of a pool fire … heat radiation would be sufficient to cause 2nd degree burns after 40 secs exposure [at College]’ ‘Vapour cloud explosion could result in windows being broken at College’ (quotes from applicant’s consultants) Incinerator site on right; Maritime College entrance on left The Participants – Cork County Council The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

11. Did not know: That application was for a hazardous waste incinerator What chemicals were to be burnt or stored on site That fires ignite frequently at Hammond lane facility That a gas pipe line runs through site Were not aware of the WHO Guidelines on Site Selection Relied solely on information provided by the applicant Sought no additional information from any other source The Participants – HSA The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

12. The Participants – HSA Did not consider: • That 14000 people on Great Island have only one escape route over a narrow hump-backed bridge • That a fire would block off the escape route from the Naval Base and Maritime College Belvelly Bridge, Great Island Incinerator fire, Argentina, Nov. 2004 The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

13. The Participants – An Bord Pleanála • Three-week Oral Hearing, presided over by a Senior Planning Inspector of ABP • FOURTEEN planning reasons given for refusing permission • Could not guarantee that would not pose a risk to public safety • Failed on 13 out of 14 of the WHO guidelines for site selection • Site subject to flooding, erosion, and thermal inversions The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

14. The Participants – An Bord Pleanála • Inspector set no conditions for planning permission • Indicated that the Board had only 2 options open to it: • To reject first party appeal • To invite further submissions/information from applicant • Board rejected both options and granted permission The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

15. The Participants – An Bord Pleanála • It is a principle of Irish law that the state’s institutions: • Cannot act arbitrarily • Must act reasonably and in the interest of fairness and justice • Did the Board have reasonable grounds for rejecting their Inspector’s considered recommendations? Or was their decision against the principles of good planning and the democratic process? • ABP decision now subject of a judicial review The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

16. The Participants – EPA • Three undeniable truths emerged from EPA Oral Hearing • Operation of plant will release harmful pollutants • Extent of harm to people’s health should be assessed before granting license • This assessment has not and will not be carried out The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

17. The Community – what we have learnt • The local communities, represented by CHASE, have a unique perspective • Other participants are limited to specific areas of competency • Competent authorities failed to consult with each other to ensure that all areas of concern were fully investigated • Health, in particular, has fallen between the cracks, with no authority acknowledging responsibility The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

18. Who’s responsible for our health? CCC ABP HSA EPA SHB The Community – what we have learnt Of all participants in planning and licensing processes, only CHASE consulted and presented evidence from medical experts! The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

19. The Consultation ‘Problem’ Local communities: • Willingly participate in policy development (CDP, CWMP, NWMP) • Fully accept National policies • Have unique perspective as main stakeholders • Object to National Policy (democratically determined) being ignored, underfunded unimplemented, cherry-picked from, and overridden by Government (party) policy • This is what leads to the ‘consultation process’ becoming a ‘consultation problem’ The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org

20. The Consultation ‘Problem’ “Public trust, whether it is placed in the regulators, in compliance with the regulations or in the information provided, will be fundamental in achieving even a modicum of consensus for any future developments in waste policy in Ireland” HRB Report 2003 The Consultation ‘Problem’CHASE – Cork Harbour Alliance for a Safe Environmentwww.chaseireland.org