Seanad Éireann debate -
Wednesday, 5 Dec 2001

Vol. 168 No. 19

Adjournment Matters. - Waste Disposal.

Mr. Costello

I am sure the matters Senator Ryan and I wish to raise are minor in comparison with the budget, but I am delighted the Minister of State, Deputy Dan Wallace, is here to respond to them. I am concerned about the companies that have been licensed to dispose of waste, including hazardous and domestic waste. There have been alarming media reports that many waste disposal companies have not operated in accordance with the licences they were granted. Some abuses have been serious, as we have discovered that thousands of tonnes of dangerous waste have been dumped in quarries in County Wicklow. Streams and rivers in the area have been contaminated.

A waste disposal company, which trades as Dublin Waste, has offices in my constituency in Sheriff Street and in East Wall. The company is not a good neighbour to the communities in those areas and there have been difficulties with the operation of the yard at the company's headquarters. As if that was not bad enough, Dublin Waste has been convicted of six charges of misconduct, five of which it pleaded guilty to. The problem is that the company seems to be able to get a waste disposal licence despite its convictions. It is a serious matter that a company has been convicted of abuses and illegal activities, but the penalties that have been imposed, of about £1,500, are very low. The company has made a profit of hundreds of thousands of pounds from its policy of illegally dumping waste. The taxpayer pays for the collection of waste from hospitals and local authorities, but Dublin Waste and other companies that collect the waste have engaged in illegal activity.

I want to know what the Minister for the Environment and Local Government, who is responsible for this area, proposes to do about the company. I heard him trumpeting on "Morning Ireland" that he will do great things in relation to waste management, but what action does he intend to take? When will he ensure that we have a meaningful and properly supervised waste management programme, operated by companies within the law, to the satisfaction of communities? What does the Minister intend to do about companies that are clearly abusing their licences? Does he intend to revoke the licences? Will he tell local authorities that any company which has been convicted in the courts should not be given a licence? Will he assert himself as Minister of State or just go on morning radio programmes, make a few comments to the media and leave it at that?

Minister of State at the Department of the Environment and Local Government (Mr. D. Wallace)

I thank Senator Costello for raising this matter. Functions regarding waste regulation and its enforcement have been assigned under the Waste Management Act, 1996, to local authorities and to the Environmental Protection Agency concerning the licensing of major waste activities. The Minister for the Environment and Local Government has no direct function regarding these matters.

Against this background, Senator Costello will appreciate that it would not be appropriate for me to comment on the specific circumstances of any company, or on any particular case that could be the subject of enforcement action, including legal proceedings by the competent regulatory authorities.

To facilitate effective enforcement, environmental authorities have significant powers to enter and inspect lands and premises and to board vehicles. There are severe penalties available 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. Even on summary prosecution, significant penalties can arise. Yesterday a contractor was fined and jailed for a total of 18 months in respect of three offences under the 1996 Act.

A landowner who is complicit in unauthorised dumping could be liable to prosecution in addition to the person disposing of the waste on the land, and could be required to properly dispose of the wastes concerned and undertake any necessary environmental remediation. In the event of default, a local authority can act directly and recover the costs involved from the person concerned.

With regard to unauthorised dumping generally, I share the widespread concern at recent developments. Such activity is illegal and grossly irresponsible. Local authorities must deploy the necessary resources to ensure that they effectively oversee waste movements and activities within their functional areas and take determined action, utilising the significant powers and remedies available to them to counter unauthorised activity.

As Minister of State, I am taking a number of steps to support local authority efforts in this regard. The introduction of the proposed landfill levy will generate significant revenues and I intend to direct much of this funding to support local authority enforcement initiatives in respect of unauthorised waste activities. I am anxious that where a local authority uncovers evidence of systematic and large scale dumping, the matter should be referred to the Director of Public Prosecutions to be prosecuted as a serious offence rather than being dealt with as a summary offence. To that end, my Department has consulted with the DPP's office to prepare guidance for local authorities regarding relevant procedures and the preparation of evidence. In addition, my Department has formally requested the Criminal Assets Bureau to consider whether, in the public interest, it should investigate the possibility of systematic and illegal profiteering being involved in unauthorised waste dumping.

Recent regulations on the permitting of commercial waste collectors will also facilitate better control of waste movements and should prove valuable in combating illegal dumping. Permitting authorities will be entitled to refuse to grant a permit to an applicant found guilty of specified waste offences, including unauthorised dumping, and may revoke a permit that is granted.

Overall I am satisfied that the relevant public bodies fully appreciate the seriousness of this problem, that recent cases will be rigorously pur sued and that effective action will be taken against those responsible.