Dáil Éireann debate -
Tuesday, 10 Jun 2003

Vol. 568 No. 1

Air Pollution.

Mr. Gormley

The reason I have had to raise this important matter on the Adjournment is that, despite raising it with the Minister for Justice, Equality and Law Reform and the Garda, regrettably, nothing has been done about this problem.

Residents in the area have had much experience with local pollution. As a Ringsend resident myself, I know what we had to deal with when Bioburn was operating there. There was a medical incinerator which released huge puffs of thick black smoke over the area, which we subsequently discovered to have a very high dioxin content. Now that this is gone, we are now faced with people burning the plastic or PVC off copper wire. I regret that my constituency colleague, the Minister for Justice, Equality and Law Reform cannot be here this evening. It seems to be a trend that the relevant Minister no longer comes in to reply to an Adjournment debate and it is a lapse in the way we do our business in the House. That is no reflection on the Minister of State, Deputy Callely, but I wish the Minister could be here because he promised a lot in dealing with law and order and in regard to the incinerator in my area. He stated that if he were elected to Government, he would do all in his power to stop this but I do not see that happening.

Last week when we were discussing incineration the Minister for the Environment, Heritage and Local Government told us that there were more dioxins caused by domestic and other fires than by incinerators. I said that there were still many dioxins in the ash from the incinerators and we should be concerned about that but, notwithstanding, if he is really concerned about the dioxins caused by these sorts of fires, particularly the burning of PVC, he and the Minister for Justice, Equality and Law Reform should do something about it.

When I put my questions to the Minister for Justice, Equality and Law Reform on 9 April and 7 May, I asked him what legislation needed to be enforced in this case. I was told that people could be prosecuted under the Litter Pollution Act 1997, the Waste Management Act 1996 and the Air Pollution Act 1987, yet nothing has been done. Recently I raised the issue of the use of a Garda car to take a rugby player from Kiely's pub to the airport, a misuse of Garda resources. When people in the city, however, call the gardaí about serious issues, they sometimes cannot get a Garda car to respond. In this case, people have telephoned the gardaí on numerous occasions and I have been in touch with them myself but nothing has been done. That is regrettable. If this sort of activity were taking place closer to the Ranelagh home of the Minister for Justice, Equality and Law Reform, something would be done. This is a working class community in Ringsend and for that reason it is often neglected which represents an unacceptable political apartheid.

It has been suggested that some of the groups carrying out this activity are from the Travelling Community. I do not want to discriminate against that community – we could act constructively by asking what business activity is being carried out because it is not necessary to burn PVC off copper wire, there is equipment which can be used to do it. If this is the case, it should be investigated and we could come to a positive resolution allowing people to carry on their traditional business while protecting local residents from serious pollution.

This is not an exaggeration, I have seen the thick, black smoke and if it is the result of the burning of PVC, it contains toxic substances. It is for that reason that I am asking the Minister to act.

Mr. Callely

I am standing in for the Minister for Justice, Equality and Law Reform, who would have attended except he had a long standing diary commitment prior to this issue being raised on the Adjournment.

The Minister has been informed by the Garda authorities that a number of families are currently camped at Hanover Quay. From time to time, these families have been known to light small fires for the purpose of burning plastic covering from copper wire or to dispose of domestic waste.

The relevant legislation falls within the remit of the Department of the Environment, Heritage and Local Government. The Air Pollution Act 1987 and Licensing of Industrial Plant Regulations 1988 prohibit the burning of such waste without a licence.

The licensing of such industrial plant and the enforcement of regulations made under the Act are matters for the relevant local authority. Also, under the Air Pollution Act 1987, the occupier of any premises, other than a private dwelling, is required to use the best practicable means to limit, and, if possible, to prevent an emission from such premises. Emission is defined to include a smoke emission. In addition, the occupier of any premises is prohibited from causing or permitting emissions in such a quantity or manner as to be a nuisance. The Act empowers a local authority to serve a notice on the occupier of any premises from where there is an emission specifying the measures necessary to prevent or limit air pollution.

The Waste Management Act 1996 places a general duty on the holder of waste not to hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. Local authorities have specific powers under the Act to require measures to be taken to prevent or limit environmental pollution caused by the holding or disposal of waste, and mitigate or remedy the effects on the environment of any such activity.

The local authorities and the gardaí enforce the relevant Acts within their respective remits. With regard to the local authority, section 13 of the Air Pollution Act 1987 provides that an offence under the Act may be prosecuted summarily by the local authority in whose functional area the offence is committed. With regard to a notice served by the local authority to require measures to be taken to prevent or limit pollution, section 26 of that Act provides that if a person on whom such a notice has been served does not, within the period specified in the notice, comply with the requirements of the notice, the local authority may take such steps as it considers reasonable and necessary to secure compliance with the notice and may recover any expense incurred from the person.

Section 11 of the Waste Management Act 1996 provides that summary proceedings for an offence under that Act may be brought be a local authority or the Environmental Protection Agency.

With regard to the Garda Síochána, the Minister understands that a number of complaints have been received regarding the activity referred to in the motion, but, regrettably, Garda investigations have so far failed to gather sufficient evidence to support a prosecution against any individual. Any resources required to attend to any matter brought to the attention of the gardaí are being made available.

As the Deputy will appreciate, the Minister has no function in the investigation and prosecution of offences by the Garda Síochána, and he is therefore not in a position to ensure, as the Deputy requests, that any particular individuals are arrested or prosecuted. The Minister has been assured, however, that the gardaí are continuing to monitor the situation and any further action required will be taken in consultation with the other agencies with responsibilities in this area including, in particular, Dublin City Council.