The junior minister with responsibility for housing and urban renewal, Mr Noel Ahern, has accused the Health and Safety Authority (HSA) of being "too dogmatic" in its insistence that asbestos contaminated material be removed from flat complexes in Ballymun before their demolition.
The seven towers are to be demolished as part of a €2.5 billion regeneration project, which its backers have warned could now be delayed by up to four years and at an extra cost of €120 million because of the HSA's requirement.
The HSA is insisting that asbestos-contaminated plaster and tile adhesive from the flats will have to be removed before they are demolished.
Ballymun Regeneration Ltd (BLR), the company set up by Dublin City Council to manage project, has put forward compromise proposals to the HSA which it says would enable it to safely demolish the buildings without first having to remove the asbestos-contaminated material.
Yesterday housing minister Mr Ahern, who is also a TD for the area, warned that such delays could jeopardise the success of the project, which was reliant on the goodwill of the local community. "I'm just a bit concerned that if things get bogged down in this, it might be difficult to get it ramped up again," he told The Irish Times. He said the goodwill of the local community in putting up with the major construction work in the area could disappear if it was delayed.
"I'm not suggesting we put anybody at risk, but people are being a bit too dogmatic about what they interpret as the law. I hope I'm not letting my personal interest colour this, but I think people are being too theoretical."
He called on both BLR and the HSA, who are currently in discussions, to reach a compromise quickly. BLR has claimed that the material in question contains only traces of asbestos, and that its removal before demolition could pose a greater health risk to workers.
The HSA however has reiterated its position that the material contained significant levels of asbestos, and will have to be removed before demolition, and warned that BLR faces prosecution if it fails to do so.
A spokeswoman for the HSA said that information from the manufacturers of the plaster called Artex, suggested that asbestos fibres were in concentrations of between three and four per cent, similar to levels in the tiling adhesive. Under the regulations material containing asbestos concentrations greater than 0.1 per cent had to be treated as hazardous, and removed before demolition if practicable.
"A failure by any party to comply with this standard at any demolition site would constitute a breach of occupational safety and health law and could result in enforcement action by the Authority, including the possibility of prosecution and injunctive relief," she said.
In relation to the minister's comments, she said the authority had "no choice but to ensure compliance with the legal requirements" and maintain a consistent approach "regardless of the site location or the parties involved". However Mr Ciarán Murray, the chief executive of BLR and assistant Dublin city manager, said he was hopeful of reaching a compromise with the HSA.
Mr Murray said that according to BLR's consultants, legislation allowed "wriggle room" for its proposals.