Vol. 525 No. 3
90 Mr. Yates asked the Minister for the Environment and Local Government if his Department has made any assessment on the likely level of fines that will be incurred by the Government in relation to breaches of the EU waste directive; and the way in which he will pass such fines on to local authorities. [24701/00]
94 Mr. Deenihan asked the Minister for the Environment and Local Government if he will confirm that the EU has instigated legal action against Ireland for its failure to implement the 1993 EU Directive on Waste Management; and the action he proposes to take to comply with the Directive requirements; and if he will make a statement on the matter. [25072/00]
I propose to take Questions Nos. 90 and 94 together.
In December 1999, the European Commission initiated proceedings against Ireland before the European Court of Justice on the grounds that Ireland had failed to take all the measures necessary to comply with specified provisions of Direc tives 75/442/EEC on waste, as amended in 1991; 91/689/EEC on hazardous waste; and 94/62/EEC on packaging and packaging waste.
Under these directives, member states are required to draw up one or more waste management plans, addressing specified requirements; draw up, either separately or in the framework of their general waste management plans, plans for the management of hazardous waste; and include in waste management plans a specific chapter on the management of packaging and packaging waste. These requirements are fully transposed into Irish legislation by means of Part II of the Waste Management Act, 1996, and the Waste Management (Planning) Regulations, 1997. Under this legislation, local authorities are required, jointly or otherwise, to make waste management plans in regard to their functional areas which respect the relevant requirements of the directives outlined while the Environmental Protection Agency is required to make a national hazardous waste management plan.
If the case brought by the Commission is upheld, Ireland will be required, under the EC Treaty, to take the necessary measures to comply with the judgment of the court. Failure to do so within a specified time limit may result in the imposition on Ireland of a lump sum or penalty payment. The level of any such penalty is at the discretion of the court.
Provision has been made in the Local Government Bill, 2000, whereby the Minister for the Environment and Local Government may reduce or withhold payment of any grant or any other money due or otherwise payable to a local authority if, in the opinion of the Minister, that authority has failed, or substantially failed, to comply with a statutory duty under any enactment.
To date, regional waste management plans have been adopted in respect of the Dublin and mid-west regions, while Donegal, Kildare and Wicklow County Councils have adopted individual waste management plans. Of the remaining 23 local authorities, 17 have adopted their regional waste plan but these plans have not to date been adopted by all of the local authorities in their respective regions.
Clearly, it is imperative that these remaining local authorities complete the current strategic planning process as soon as possible. I am considering the possible use of a number of powers that are available to me under the Waste Management Act, 1996, with a view to expediting the completion of this process, and I am taking legal advice in this regard.
Does the Minister acknowledge there is a waste management crisis looming regarding the completion of the life of many landfill sites and the lack of an alternative? Is he aware there is deep cynicism and anger that he has not put a national waste management plan in place or considered the establishment of a national waste management authority? He could take direct control of these issues. Will he consider taking national measures along those lines?
As regards the Minister's interview in The Irish Times on 23 October, is it his intention to cut the domestic rate support grant to certain local authorities and move from reserve to executive function many of the waste management responsibilities currently dealt with by councillors? There was an explicit threat in the article that both would be done. Perhaps the Minister will clarify the position.
The crisis in waste management is more than looming; it is upon us although some local authorities do not seem to realise that. There is a serious problem. The number of landfills is reducing on a steady basis and no alternatives are in place in some cases. I have no illusions but that it is a serious matter. I wish some local authorities would acknowledge that fact.
As regards the rate support grant, it is no longer in place. The reference by the Deputy was to the local government fund and the possibility that I would withhold payment of any grant to make up for fines levied on us as a result of lack of action in some areas. I mentioned in my reply that provision has been made in the Local Government Bill whereby the Minister for the Environment and Local Government may reduce or withhold payments to local authorities. That is an option. Under the Waste Management Act there are a number of options open to me. I can formally require two or more local authorities to jointly make a plan; I can prescribe a date by which waste management plans must be made and I can give a general policy direction to local authorities regarding the making of waste management plans. However, at this stage four local authorities are holding up 17 others seeking approval for waste management plans. I have indicated to them that I would like them to reconsider the position they have adopted. I will give them a short time in which to do that. In the meantime, I am seeking legal advice on the various options and will pursue the most effective one when I reach that stage.
When will the national waste database support for 2001 be published? I understand the Minister is waiting to take policy initiatives following publication of that report.
I do not have a date for its publication. However, I am not waiting for publication of that report but am considering the options that will be open to me regarding local authorities that have not adopted regional waste management plans. At the end of that, and having taken legal advice, I will make a final decision.
In that interview the Minister mentioned that he was considering taking away powers granted to members and making them an executive function of councils. What did the Minister mean by that?
What I said was – I am open to correction as I do not have the article in front of me – that was one of the options. At present, the adoption of a waste management plan, regional or otherwise, is a reserve function of the members of the local authority. The members must make the decision on that. One of the options open to me would be to remove that power from the members and make it an executive function, one that could be decided by the manager without reference to the members. That is an option I will have to look at but one which I would be most reluctant to pursue. I have committed myself as much as possible over the past number of years to restoring and giving powers to local authorities. There is also an onus on local authorities and their members to act in a responsible manner. That balance must be struck. That was the reference I made to executive powers. It is an option.
Does the Minister understand the position local councillors find themselves in? They are listening to prescriptive solutions from the Minister and they have to face all the odium of very strong regional and local objections to incineration and landfill sites. I met the EPA this summer. I asked them if there was a national waste strategy and they said none existed.
There is a case for a national waste management authority that would create a critical mass and organise all the recycling issues. Has the Minister given any thought to what he can do in relation to the delivery of so many facets of work? The establishment of a national waste management authority would bridge the gap between the Minister's ivory tower and the councillors on the ground and would be a way to get the optimum number of landfill, thermal treatment and other facilities that are required in a national plan.
I went to great trouble to outline to local authorities a very clearly defined policy on waste management. It was the view of this House, when the Deputy was on this side and I was in Opposition, that the Waste Management Act was the way to deal with this and to leave full responsibility with local authorities. I quickly discovered when I became Minister that that would not work because the critical mass would not be available on a parochial, county by county basis.
I put in place Changing our Ways, the policy document which suggested regional waste management planning. The local authorities adopted the strategies in that and the ideas in relation to the waste hierarchy and the "polluter pays" principle. However, when it came to the plan and there was opposition to landfill or thermal treatment in particular places, councillors balked at making a final decision.
I am the strongest supporter in this House of local government. However, we should not automatically go the route proposed by the Deputy just because the alternative is inconvenient for councillors or they have to make a responsible decision in relation to this.
I accept the fact that setting up a national waste management authority is an option and I will consider it. However, it will not solve our immediate problems and the problems local authorities will have in relation to finding sites for landfill, thermal treatment and so on. It is not a panacea. Perhaps, if it had been decided in 1996, when the Waste Management Act was being enacted, to set up a national waste management authority, we would not be in this situation. However, we are in this situation and it must be faced. We have spent two years on the plans. This has caused grief for individual councillors and local authorities.
The time for this question is concluded.
However, a national waste management authority, which has many attractions, will not solve this problem in the necessary timescale.
Are the Minister's own councillors backing it?
I am sorry I cannot facilitate Deputy McCormack as these are priority questions.
We could talk about whips and so on but we will leave it for now, there will be an opportunity later.
