I thank the Cathaoirleach for giving me an opportunity to raise this important matter and I thank the Minister of State, Deputy Wallace, for being here.
All of us who are members of local authorities are dealing with very difficult issues such as waste reduction, waste disposal and waste collection. There are no easy choices. There will have to be a big change in thinking on the part of everyone if this increasingly serious problem is to be addressed in the future. I wish to raise a particular concern regarding the implementation of the Waste Management Act, 1996. That Act received lengthy consideration in both Houses during its passage. In my view, it provides a good overall framework for addressing the issues, but there has been much frustration among local authority members at how slowly the Department and the Minister are putting into effect the various sections of the Act.
I would like, in the first instance, to seek clarification from the Minister regarding the status of the various sections and parts of the Act. I know the Minister signed regulations last year and this year to put into effect various parts of the Act. I am most interested in Part IV which relates to the holding, collection and movement of waste. It has been stated that there is a default mechanism in the Act whereby those sections which are not commenced by way of ministerial order automatically come into effect two years after the passage of the Act. Will the Minister of State confirm that all sections and parts of the Act are now operational? As a member of two local authorities, I would like my local authorities to be clear that they have the powers vested in them in Part IV of the Act when trying to tackle problems at local level. Even if the Minister can confirm this, there is a further delay on the part of the Department in issuing regulations to local authorities.
I am concerned about a number of sections in Part IV. Section 32 deals with the holding of waste, section 33 deals with the collection of waste, section 34 provides for the introduction of a permit system for authorising waste collection by private operators on the part of the local authority, section 35 allows local authorities to make rules and regulations regarding the presentation of waste for collection and section 36 allows the Minister to make regulations regarding the movement of waste. My information is that the regulations relating to this part of the Act have existed in draft form within the Department for more than a year. I understand some consultation has taken place between Department officials and staff of local authorities regarding these regulations. Will the Minister of State say when these regulations will be brought into effect and published? Equally, will they be brought before these Houses or committees of these Houses for discussion? If they go back and forth between officials of the Department and officials in local authorities before they are agreed, it is even more necessary that they be discussed in draft form between elected members of these Houses and elected members of local authorities. There is no point putting regulations into effect and finding out two or three months later that, because of a lack of basic common sense, something which should have been included has been omitted and vice versa. I wish to know the status of the regulations, when they will be produced and if consultations will take place with elected members.
This is an extremely important issue which has been forced on the local authorities in my area in the last couple of years. On the urban authority of which I am a member, the majority of members last year voted by a clear majority to have the council get out of the collection of waste. Whatever about this in principle, I would not entertain this taking place without knowing that the council has the power to supervise, license and control whatever replaces the directly-run council service. I stated at the time that I believed it was an ill-advised move to simply wash our hands of the problems and get out of the waste collection service without being able to influence or license what would replace it. I believe I have been proven right. In less than 12 months the cost of the private service has increased threefold and a further increase is expected in September. There are very practical problems in this area, such as four operators going to the same housing estate on four different days to collect four different sets of bins. We are advised by the manager that we do not yet have the powers to deal with this problem, that they are included in the Act but we cannot give them effect.
This issue is boiling up in local authorities throughout the country. I would like local authority members to have the power to properly supervise and control this area. The regulations the Department will issue to local authorities covering the area of permits should allow local authorities and private operators to negotiate the issue of cost. Local authorities who operate and charge for services directly in most cases operate waiver systems for people on low incomes, particularly old age pensioners. People who live in cities still have the luxury of a free service but those who live in rural areas do not. Councils in rural areas who operate and charge for services generally operate a waiver system. There needs to be provision within the permit framework, regulations and conditions which local authorities can attach to those permits for private operators to negotiate and decide on waivers for people on low incomes. I found this to be one of the few burning issues in my area during the recent local election campaign. Members of local authorities are willing, ready and able to deal with this issue but they can only do so if they are given the powers vested in the Act and if the proper regulations are in place. Local authorities can only use the regulations effectively if they directly run the service or enter into arrangements or permits with private operators to address the cost issue, especially for those on low incomes.
