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Dáil Éireann debate -
Thursday, 22 Nov 2001

Vol. 544 No. 5

Adjournment Debate. - Waste Management.

Thank you, a Leas-Cheann Comhairle, for allowing me to raise this important matter. We are about to discuss dumping in County Wicklow. There has been bizarre behaviour in the Chamber, with Deputies Perry, Burke, Stanton, Durkan, Coveney et al delaying the progress of the House and, in particular, with regard to the last question, deliberately attempting to prevent the Minister from dealing with a question about young children who are being denied their rights.

The discovery of a second illegal waste dump in County Wicklow containing hospital waste, bandages, swabs, dirty gloves, tubing from operations and hospital records is a scandal. Clearly, the people responsible are reckless. They have behaved in a way which shows no regard for public health or the laws of the land. It is time a serious example was made of the culprits in this case. The second dump which has just come to light – there may be further dumps – is in a sandy area on the banks of the River Slaney about eight miles up-river of the intake for the Carlow and Rathvilly water supply. The people who dumped hospital waste of unknown origin in this area could not care less about the health of the local people.

I am very pleased Wicklow County Council has indicated its determination to track down the culprits and bring them to justice. The council has been less than active in this regard over the past decade. I have called time and again for strong legal action to be taken against those people who have turned the garden of Ireland into the dumping ground of Dublin. Unfortunately, my calls to date have fallen on deaf ears. The council has been either inactive or ineffective. There has been a failure to prosecute offenders and get court decisions against them. It is time this problem was dealt with.

The seriousness of these two incidents and the fact that there are up to 200 other illegal dump sites in County Wicklow indicates that major full-scale criminal activity is involved. On behalf of my constituents, I call for the fullest possible criminal investigation into the matter. If neces sary, the council should be joined by the Environmental Protection Agency or should engage the services of private investigators or other legal services necessary to bring the issue to a head. Illegal dumping is very big business in which a huge amount of money changes hands. The volumes in this case are staggering. I ask that the Criminal Assets Bureau be formally involved in the investigation to examine whether the people involved have been paying their taxes or behaving outside the law.

In the past, a blind eye has been turned to people involved in illegal dumping. We should all be concerned when our environment is being despoiled by careless, reckless people. Illegal dumping must not only be stamped out, but those guilty of the activity must be brought to justice. Public examples must be made in this case. There must be people in the constituency who are aware of what is happening. I appeal to them to come forward to ensure the culprits are identified. I hope and expect there will be the fullest support for the public authorities. The people of Wicklow are rightly offended at the destruction and damage being done to the environment by a number of reckless, greedy people who have no regard for public health.

I call for a full criminal investigation involving the county council, the Criminal Assets Bureau and all available assets of the Environmental Protection Agency to ensure the people responsible for this are brought to book at the earliest possible date.

Like Deputy Roche, I was appalled at the reports in today's media that a further site has been identified in Wicklow where it appears that unauthorised disposal of waste, including waste from hospitals, has taken place. Both this case and that reported last month are under investigation by Wicklow County Council, which is the body with direct functional responsibility for oversight of waste activities and enforcement of relevant legislation. The council has sealed off both sites and has engaged specialists to assist in managing the waste concerned. Garda assistance has been made available to the council and the Environmental Protection Agency is in ongoing contact with the council to provide advice and support, as necessary.

Clearly, I am unable to comment on the specifics of this recent case and, in any event, it would be inappropriate to prejudge the outcome of the council's investigations and the actions that may be taken on foot of same. However, the Government's position is clear. Unauthorised dumping of waste is both illegal and grossly irresponsible. Because of its nature, dumping of clinical waste is particularly reprehensible and the full rigours of the law should apply to anyone found guilty of such activity. Severe penalties can be imposed under the Waste Management Act, 1996, in respect of illegal dumping. A person guilty of such an offence would be liable, upon conviction on indictment, to a fine of up to 10 million and/or up to ten years imprisonment. It should be noted that a landowner who is complicit in unauthorised dumping could also be liable to prosecution in addition to the person who actually carried out such dumping. Furthermore, a landowner could be liable for the costs of removing and properly disposing of the wastes concerned.

The recent Waste Management (Collection Permit) Regulations, 2001, will facilitate better control of waste movements and should prove valuable in combating illegal dumping of waste. Under these regulations, all commercial collectors of waste will be obliged to apply to local authorities for a waste collection permit before 30 November. Under the new regulations, local authorities must require permit holders to ensure that the waste collected is transferred to a waste facility that has been licensed by the EPA or holds a permit from the relevant local authority as well as providing for a documentation and tracking system for the movement of all wastes. A local authority would be entitled to refuse to grant a collection permit or to revoke one that had been granted in the event that an applicant or permittee is found guilty of any one of a number of specified waste offences. One of the main concerns of the current investigations will be to determine the nature and source of any clinical waste involved and to ascertain whether there is scope for improved procedures for the handling of such waste. The Department of Health and Children here and its equivalent in Northern Ireland have agreed and implemented a joint approach for the collection, treatment and disposal of clinical health care risk waste throughout the island of Ireland.

Clinical waste from publicly funded acute hospitals is managed and disposed of under a contract with a waste management company based in Dublin. This company was contracted to operate a collection and treatment service to the highest environmental and health and safety standards and its facilities are licensed by the Environmental Protection Agency. Health care risk waste should be carefully segregated from other wastes within each hospital while normal, non-hazardous wastes may be disposed of using ordinary waste contractors. The contracted company collects the segregated health care risk waste, sterilises it, carries out an element of materials recovery and recycling and landfills the sterilised residues. Private hospitals can and do avail of this service. There has been no suggestion that this company is implicated in the current incidents. Overall, I am satisfied that the relevant public bodies fully appreciate the seriousness of the cases in question. They will rigorously identify and pursue those responsible and effective action will be taken.

The Dáil adjourned at 4.05 p.m. until 10.30 a.m. on Friday, 23 November 2001.

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