Minister for the Environment John Gormley does not have powers to halt the incinerator at Poolbeg, Taoiseach Bertie Ahern has insisted in the Dáil.
Mr Ahern said that while Mr Gormley had certain powers through legislation, "they are limited ones. He does not have powers that could halt the Poolbeg incinerator."
Fine Gael leader Enda Kenny had asked during Taoiseach's questions if Government policy was for "two, four or eight" incinerators or based on a national incinerator capacity of 400,000 tonnes.
Mr Gormley's view "is that it is now Government policy to make the incinerator at Poolbeg redundant", and Mr Kenny asked what was Government policy. Criticising Mr Gormley as "hapless and helpless", he said the Minister and his party colleague, Minister Éamon Ryan were "like the muppets Statler and Waldorf - they comment on everything but are not able to implement anything".
The Taoiseach said, "While the Minister has certain powers under the Act in regard to these plans, they are limited and it is quite wrong to suggest he could use any of his powers.
"Some people outside of the House have suggested he should use section 24 to vary a management plan in a way that would halt the Poolbeg incinerator." However, "the clear advice available to him is that this power cannot be used in a retrospective fashion to seek to halt a project which is already the subject of a contractual arrangement and applications for planning consents".
Mr Kenny said Mr Gormley had told him "it would be over his dead body this incinerator in Poolbeg would ever see the light of day". Mr Ahern said the Minister "made that reference to the overall capacity required nationally for incineration of terminal treatment". If targets were met incineration of waste could be reduced to about 400,000 tonnes.
Labour leader Éamon Gilmore said Mr Gormley in opposition said that if the Green Party was in Government, the incinerator would not go ahead. "He now states that since he got into Government, he has found he cannot do anything about it."
He had to be the first politician to have found he had less power in office than when he was in opposition, he added.
Mr Gilmore said An Bord Pleanála was required to have regard to the policies and objectives of the Government and the Minister.
"This was the precise section of the Planning and Development Act that An Bord Pleanála relied on when it overturned the inspector's report on the planning appeal for the incinerator in Ringaskiddy and decided it would go ahead because it was Government policy."
The board had repeatedly relied on this section for roads and other projects regardless of what happened at hearings. Mr Ahern said: "The incinerator got An Bord Pleanála approval and must go through the EPA process and meet whatever other standards it must. If it complies with all of those, it can go ahead."
