Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 28 Feb 2002

Vol. 550 No. 1

Other Questions. - Illegal Dumping.

Thomas P. Broughan

Question:

12 Mr. Broughan asked the Minister for the Environment and Local Government the number of cases of illegal dumping notified to his Department during 2001; the number of cases which involved hazardous or hospital waste; the progress which has been made with regard to tracing and prosecuting those responsible for the illegal dumping of hazardous and hospital waste; and if he will make a statement on the matter. [6956/02]

Bernard J. Durkan

Question:

155 Mr. Durkan asked the Minister for the Environment and Local Government the extent to which his Department has been aware of illegal dumping over the past four years; the action taken; and if he will make a statement on the matter. [7413/02]

I propose to take Questions Nos. 12 and 155 together.

Information in relation to unauthorised waste activity is received in my Department from a number of sources, including complaints from members of the public, representations by public representatives and media reports. The scale of the waste activities in question would encompass, for instance, littering, very small scale dumping of bags of household waste, fly-tipping of lorry loads of waste and dumping of burnt out vehicles and end of life vehicles, as well as cases of large scale and organised dumping activities, such as those discovered last year.

Under section 59 of the Waste Management Act, 1996, each local authority is responsible for supervision and enforcement of the relevant provisions of the Act in relation to the holding, recovery and disposal of waste within its functional area. Neither functions of this kind, nor the investigation of unauthorised waste activities, have been conferred on the Minister for the Environment and Local Government. Accordingly, allegations in relation to unauthorised waste activity are not catalogued in detail by my Department. However, any apparently substantive complaint or notification regarding alleged illegal waste activity would normally be referred to the relevant local authority for attention and appropriate action. It may also be considered appropriate to refer matters to the EPA in certain circumstances.

When the recent and very serious cases of unauthorised waste dumping in Wicklow were brought to my attention, I requested the Garda Commissioner to consider the possible involvement of An Garda Síochána in investigating such activity. I welcome the subsequent decision of the Garda Commissioner to assign a substantial team of officers from the National Bureau of Criminal Investigation to conduct a full-time investigation, in conjunction with relevant local authorities and other appropriate public bodies, of current allegations of criminality or suspected criminality in connection with illegal dumping.

Is it the Minister's view, and his information, that the extent of the recent illegal dumping in County Wicklow is confined to that county or is what we have seen in County Wicklow indicative of an epidemic of illegal dumping throughout the country? What does the Minister intend to do about the problem of illegal dumping, which now appears to be much more prevalent than anybody had thought?

It would be very foolish for anybody to say there is not any illegal dumping of this kind in other areas. All I can say at present is that I am not aware of such organised illegal dumping taking place anywhere else. Some questions have been raised in relation to County Kildare and I understand that is being investigated. I do not think there is an epidemic of it, but nor do I think the type of activity in question is solely confined to County Wicklow. There may be similar incidents in other counties but that is a guess and is not based on any specific information currently available to me. What was the second part of the Deputy's question?

What is the Minister going to do about the matter?

As I outlined earlier, laws are in place and responsibility rests with the local authorities or, in some cases, the EPA. I will try to ensure that they fulfil their functions but I have no specific function in relation to specific incidents. They must be pursued by the local authority or the EPA.

Does the Minister agree that his specific function is to ensure local authorities are resourced to police the system and does he accept that the practice of illegal dumping is so widespread – clearly a result of lack of enforcement – that we need a dedicated police service to get any kind of regulation and control? In the South Dublin County Council area alone there are 28 sites that are un-investigated.

Could the Deputy ask a question? I am anxious to allow her colleague, Deputy Deasy, to speak.

I ask the Minister if he will resource local authorities so they can enforce controls concerning illegal dumping, as currently they do not have the resources to do so. It is ludicrous that local authorities should be asked to decide whether their priorities are grants for the disabled or enforcement of illegal dumping laws.

Is the Minister for the Environment and Local Government aware that the prosecutions that are being brought under the Waste Management Act are being brought as summary charges to the District Court where the fine is only €1,500 or €2,000? Does he have any plans to either amend the legislation or cause charges and prosecutions to be brought to a higher court where the full cost of the damage caused by illegal dumping will be borne by those who are guilty?

The provisions in the 1996 Act relating to illegal dumping activity allow for fines up to £10 million and ten years imprisonment and in cases such as the one we have seen, I have made it public that the cases should be taken on indictment. That is what will happen. Enforcement by local authorities in relation to the Waste Management Act or the Litter Acts when I came into office was very poor and lax but it has improved considerably. I have increased the level of funding to local authorities by an average of almost 100%. It is time for them to take some responsibility themselves and focus on areas of public concern like this.

Top
Share