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Dáil Éireann debate -
Thursday, 10 Oct 2002

Vol. 555 No. 1

Other Questions. - Office of Environmental Enforcement.

Róisín Shortall

Question:

7 Ms Shortall asked the Minister for the Environment and Local Government when it is intended to establish the office of environmental enforcement, promised in the Agreed Programme for Government; and if he will make a statement on the matter. [17364/02]

Bernard Allen

Question:

361 Mr. Allen asked the Minister for the Environment and Local Government when he will establish the office of environmental enforcement; the way in which this body will relate in its functions to existing agencies; and if legislation will be required. [17769/02]

I propose to take Questions Nos. 7 and 361 together.

Over the past decade, considerable progress has been made in putting in place a modern and effective policy and legislative framework for environmental protection.

The recent policy report, Making Ireland's Development Sustainable, published by my Department, details the progress made, the positive environmental impacts achieved as a result and areas where further progress is required. Copies of the report are in the Oireachtas Library.

Going forward, the need for improved implementation and enforcement of environmental legislation is now a key concern. A number of initiatives are already under way to this end. For example, the EPA is developing an environmental management system to help oversee local authority environmental performance. Also, my Department has recently written to local authorities promoting more structured and effective approaches to the carrying out of environmental inspections, and local authorities have been invited to submit proposals for additional enforcement measures in respect of waste management, with funding from the environment fund. In addition, the forthcoming Environmental Protection Agency (Amendment) Bill will include strengthened provisions in relation to enforcement.

The Agreed Programme for Government provides for the establishment of an office of environmental enforcement to secure further improvements in this area. Work has been initiated on the development of detailed proposals in this regard, including consideration of the legislative position and taking account of relevant responsibilities of existing agencies. I regard this work as a priority to be brought to completion as soon as possible.

Deputy Allen has one of the questions in his name.

What co-ordination and level of communication are there between the Department and local authorities to deal with the question of illegal dumping throughout the country? I had tabled a question in this respect, which was disqualified, but I would like to know that the Minister had no responsibility for this matter and that it was a matter for local authorities. What lines of communication are there to ensure that local authorities are fulfilling their obligations under the Waste Management Act to investigate the incidence of illegal dumping and illegal tip heads, as we have seen in County Wicklow?

Before the Minister replies, if the House agrees we will take supplementary questions from Deputies Penrose and Cuffe because the next question is in Deputy Deenihan's name and he has remained in the House. I would like to give him an opportunity.

I will be brief. When does the Minister expect the enforcement agency to be established? Does he expect it to be on a legislative basis, because I do not see it on the Government's list of proposed legislation? What will its relationship be to the EPA and what will be the exact functions of such an enforcement agency?

Is the Minister aware that unauthorised and illegal dumping is continuing in the counties around Dublin of Kildare, Meath and Wicklow and that each of the three local authorities is severely understaffed to deal with this? Therefore, does the Minister intend to either give resources through this new agency directly to the local authorities or does he intend to give the new enforcement agency the power to deal with unauthorised dumping, because considerable under-resourcing continues to this day?

Does the Minister have any plans to remediate the unauthorised dumps that exist throughout the country? Does he intend to give either the EPA, the relevant local authorities or the new agency the power and resources to remediate the illegal and unauthorised dumps that exist?

As all the Deputies know, these decisions are in the remit of local authorities. They have responsibility, but let us not forget there is a range of other laws in place with regard to anybody who is illegally dumping. I am aware that there are significant problems with illegal dumping throughout the country. However, in respect of the enforcement agency, Deputy Penrose's points are very pertinent. They are exactly the points to which I am giving consideration because, if I am to set up an enforcement agency, I want it to work. I want it to have independence and see how it relates to the EPA, the other bodies and local authorities as well. That is a central point which I have inherited and I am heavily engaged with it at present.

Deputy Cuffe is correct, but I wish that we could have a bit more leadership from some politicians who think there are simple solutions to dealing with waste management. There are not.

The Deputy should talk to one of his own Ministers.

There are hard and fast realities that have to be faced. I would rather have a much more controlled environment for dealing with all aspects of waste, from recycling to landfill to thermal treatment, rather than the current problem where many of these activities happen in an illegal fashion and cause far more damage to the environment than they would if we had proper facilities in place. I hope I will get the support of all Deputies in the House when I begin to implement the serious waste management plan.

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