I welcome the Minister of State, Deputy Dan Wallace, to the House and call on him to speak.
Illegal Dumping: Statements.
I share the widespread concern at the recent cases of illegal dumping that have come to light. Senators will appreciate that it would not be appropriate for me to comment on the specific circumstances of any of the recent cases as these could be the subject of enforcement action, including legal proceedings, by the competent regulatory authorities. However, the Government's position is clear. Unauthorised dumping of waste is illegal and grossly irresponsible. Dumping of clinical waste or other potentially hazardous wastes, because of its nature, is particularly reprehensible. The full rigours of the law should apply to anyone found guilty of such activity.
Functions in relation to waste regulation and its enforcement have been assigned, under the Waste Management Act, 1996, to local authorities, or in relation to licensing of major waste activities, to the Environmental Protection Agency. The Minister for the Environment and Local Government has no direct function in relation to these matters.
In the first instance, 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 very significant powers and remedies available to them, to counter unauthorised activity. Local authorities have very significant enforcement powers under the Waste Management Act, 1996. They can enter and inspect lands and premises, and stop and board vehicles. There are heavy penalties available under the Act in respect of illegal dumping activity. 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. Only last week, 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 also be liable to prosecution, in addition to the person who actually carried out such dumping. Furthermore, it is important to note that a landowner could be liable for the costs of removing and properly disposing of the wastes concerned. Where a person has held, recovered or disposed of waste in a manner that is causing or has caused environmental pollution, it is open to a local authority to seek a court order requiring that person, among other things, to mitigate or remedy any effects of the said activity.
The Waste Management Act, 1996, also provides specifically for the recovery of clean-up costs incurred by regulatory authorities. Where a local authority takes measures in order to prevent or limit environmental pollution caused by the holding, recovery or disposal of waste, it may recover the costs of such measures from such persons as the courts determine to be a person whose act or omission necessitated such action on the part of the authority. I expect that local authorities will seek to recover clean-up and remediation costs arising from recently discovered unauthorised dumping activities using these available remedies.
The Minister, Deputy Dempsey, and I are anxious that where a local authority uncovers evidence of systematic and large scale dumping, it should be referred to the Director of Public Prosecutions to be prosecuted as the serious offence that it is rather than dealt with as a summary offence. To that end, my Department has consulted the Office of the Director of Public Prosecutions to prepare guidance for local authorities regarding relevant procedures and 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 that systematic and illegal profiteering was involved in unauthorised waste dumping.
The law has recently been strengthened in relation to the collection and movement of waste. The Waste Management (Collection Permit) Regulations, 2001, will facilitate better control of waste movements and should prove valuable in combating illegal dumping of waste. Under these regulations, all commercial collectors of waste have been obliged to apply to local authorities for a waste collection permit. Under the new regulations, local authorities must require permit holders to ensure that the waste collected is transferred to a waste facility that has been licensed by the EPA or holds a permit from the relevant local authority. The system also provides for a documentation and tracking system for the movement of all wastes. A local authority would be entitled to refuse to grant a collection permit, or to revoke one that had been granted, in the event that an applicant or permittee is found guilty of any one of a number of specified waste offences.
Clearly, it is important that adequate resources are deployed to counter unauthorised waste activities. The introduction next year of the proposed landfill levy is expected to generate signifi cant revenues for the new environment fund. The Minister, Deputy Dempsey, intends to direct much of this funding to support additional local authority enforcement initiatives in respect of unauthorised waste activities and has requested the City and County Manager's Association to submit proposals in this regard.
Without wishing in any way to diminish the seriousness of the unauthorised dumping cases currently known, or the possibility that other such cases will emerge, there is an element of misinformation and speculation in some recent media reports. For example, it was stated that some 2,000 sites nationally have been identified as potentially contaminated by hazardous waste. In fact, an EPA desktop study indicated that about 2,000 sites exist in Ireland that may, because of current or historical activities associated with them, be contaminated. These would largely comprise sites where certain trade and industrial activities took place, for example, gasworks, tanneries, etc. Most of these sites did not involve waste disposal per se. The EPA estimated that about 490 sites, including 84 operational facilities, may have been used for the disposal of hazardous and non-hazardous wastes.
The national hazardous waste management plan, published by the EPA last July, recommends the early establishment by local authorities of comprehensive registers of all sites known or suspected to have been used for the disposal of waste in the past. Such sites should then be prioritised by each local authority for the purpose of more detailed risk assessment procedures and the identification of any necessary remedial measures.
The EPA is required to address similar considerations with respect to closed hazardous waste disposal sites. There are no quick-fix or easy solutions in addressing the waste management challenges that face us, but the Government has worked hard since coming into office to put in place a sound basis for addressing them. Building on the foundations of the Waste Management Act, we have provided the first comprehensive long-term waste management strategy with the publication of the Changing Our Ways policy document. We have introduced a comprehensive and modern regulatory regime. Through the Waste Management (Amendment) Act, 2001, we have facilitated the adoption of waste management plans in every local authority area in the country.
Steady progress is being made in regard to waste recovery and recycling. There are currently an estimated 1,300 bring banks throughout the country, up from around 400 in 1995. Some 25% of Ireland's packaging waste will be recycled this year, amounting to approximately 200,000 tonnes, up from just under 15% in 1998, which means we will meet our EU packaging waste recycling target. Segregated collection of household waste is now being rolled out and is set to reach 170,000 households in the Dublin area by the end of the year. Pilot segregated collection services for household organic waste – biowaste – have been established in Cork, Waterford, Limerick, Nenagh and Tralee. Segregated collection has also been introduced in a number of other urban areas, such as Galway and Nenagh, and will be introduced before the end of the year in other centres, for example, in parts of Louth and Meath. The national waste database reported that there were 38 civic amenity facilities in 1998 and more have been opened in the meantime.
The implementation of the regional waste management plans will further facilitate the delivery of improved waste management infrastructure and services. The Minister will announce a major scheme of capital grants for waste recovery infrastructure within the coming weeks to underpin implementation of the plans. This grant assistance will be targeted to support the provision of recycling and recovery facilities provided for in the plans.
I am satisfied that the Government has put in place a solid framework that will allow us to move forward with the delivery of modernised waste management infrastructure and services. I believe that local authorities fully appreciate the seriousness of the cases of illegal dumping now coming to light. I am confident that, using the extensive powers available to them under the 1996 Act, they will rigorously pursue these cases to determine the identities of those responsible and that effective action will be taken.
I welcome the Minister of State to the House to debate this important topic. On reading today's edition of The Irish Times, it is clear this type of waste is coming from State hospitals or institutions. The amount of waste being dumped illegally is unacceptable. What other steps can the Government take to ensure it traces the waste from all hospitals over the last number of years? I presume all the contractors or sub-contractors who collect this type of waste do not dump it in this manner. I do not know the number of people involved in this type of activity but there needs to be a traceability study to ensure all this waste is found. It is shameful that people who have collected waste from health board hospitals and institutions have acted with such callous disregard for the health and safety of the population in general.
I welcome in particular the action of the Minister for the Environment and Local Government. I also welcome the action of county managers, particularly the manager in Wicklow County Council where the issue first arose. I am not aware of the response of the health boards in this regard. It is very important that all health boards are written to and that they let us know their strategies. We need to know their strategies to ensure they can deal adequately with the problem.
According to today's newspapers, the IDA bought one of the dump sites in County Dublin. Given that it did not dump the waste in the first instance and that it bought the site in good faith, it does not make sense to me that it should be responsible for cleaning it up and that taxpayers will have to foot the expected £1 million bill which will arise. A question was raised in today's newspaper about whether there is an absence of law in this area. It seems the person who sells on land where illegal dumping has taken place may not be pursued for the full cost of cleaning it up, but the person who subsequently buys the land may be responsible for the costs.
Obviously, certain geographical areas lend themselves to illegal dumping on a large commercial scale such as this and clearly County Wicklow is one of the worst areas. I wonder what local authorities can do to keep a check on illegal dumping in their counties. I welcome the Minister's intention to spend part of the fund created by the landfill tax to investigate, pursue and follow up on all these sites. This must be a priority.
While I have been a critic of the Government in relation to waste management, I welcome in particular the Minister of State's statement:
The implementation of the regional waste management plans will further facilitate the delivery of improved waste management infrastructure and services. The Minister will announce a major scheme of capital grants for waste recovery infrastructure within the coming weeks to underpin implementation of the plans. This grant assistance will be targeted to support the provision of recycling and recovery facilities provided for in the plans.
This is the most important initiative the Government could take. The reality is that if the infrastructure to recycle and recover waste is not grant aided, it will not be provided. One of the biggest problems in Drogheda, County Louth, is that there is no recycling facility but provisions are being put in place to purchase land in the next year.
The Minister of State also referred to important waste disposal initiatives in Dublin, Cork, Waterford, Limerick, Nenagh and Tralee. While local authorities may have a statutory obligation to deal with waste management, they do not have an equality of resources to deal with the issue. Some local authorities do not have the same funds available to them as others. While local authorities may wish to put in place adequate recycling facilities, including kerbside collections, many of them cannot afford to put these facilities in place. Perhaps the Minister will address the inequalities which are building up throughout the country.
Charges for waste collection by local authorities throughout the country are not uniform. There can be major differences. One of the biggest problems we have is that the fixed household charge varies from one local authority to another. A fixed household charge is a charge levied on a household regardless of the volume of waste produced. It is a very bad system. The Minister and the Department should encourage household consumers to recycle and reduce waste by subsidising the recycling facilities and should also ensure that local authorities have adequate and proper funding. Local service charges should not used by local authorities as a source of income for other purposes.
People are really shocked by what has been going on. All of the statutory bodies are now alert to the problem and are aware of what they must do but, at the end of the day, the law will prevail and these people will suffer. We must make sure that people are encouraged, through the use of recycling and recovery grants, to manage waste in the best possible way.
A problem will arise following the recent Supreme Court decision in a case on refuse collection charges in Cork. This will have a very significant impact nationally because this morning, believe it or not, my local authority instructed its bin men to collect every bin put out for collection in the town, irrespective of whether it was tagged or the person has paid for it. If that is how the Act will be interpreted, it will turn on its head the "polluter pays" principle and create untold havoc for local authorities throughout the country. In particular, it will discourage the consumer who wants to reduce the volume of waste he or she produces. There will be no incentive to do that because it will not result in a reduced charge.
Generally, I welcome the thrust of what the Government and the statutory agencies are doing. However, I want to see more action from the health boards. This is an issue to which we must respond and we are doing so in the best possible way.
Cuirim fáilte roimh an Aire Stáit chun an ábhar tábhachtach seo a phlé. Illegal dumping has come very much to the fore in recent weeks with reports emanating in Dublin and Wicklow, in particular, about serious contraventions of the environment legislation and regulations. The Minister and Senator O'Dowd clearly outlined that responsible people regard such activity as reprehensible.
Undoubtedly, greater vigilance in this area will now need to be a priority. Over recent years we have seen that, due to greater awareness of the need to protect the environment and, in particular, the necessity for compliance with EU and domestic regulations, the cost of waste disposal has escalated considerably and has become a fairly significant factor in the accounts of local authorities and private collection companies.
Vigilance in enforcement is absolutely essential because human nature leads people to be inventive in finding ways to save money. Where there are significant savings to be made, some people will go the criminal route, as is obvious from the use of illegal dumps. The Minister correctly pointed out the need not only for vigilance but for much greater enforcement by local government in this area.
It is also important that we do not confine our response to illegal dumps which are located accidentally. We must search for areas of land, quar ries, etc., which people use to dispose of waste illegally. Some of the local authorities, in whose areas these dumps have been found, have undertaken fairly comprehensive investigations and it is hoped that the perpetrators will be brought to justice in due course. As the Minister correctly pointed out, it is also important that the local authorities not only use the full rigours of the law in ensuring enforcement but also avail of existing legislation and regulations to recover the costs of remedying those sites, which obviously will be quite extensive. That would be the intent of the local authorities with which I have spoken in this regard.
The £10 million fine should act as a deterrent. In addition, as the Minister pointed out, the recent case where a contractor was jailed for 18 months should focus the minds of those who might have a tendency to profit from such activity.
The approach adopted by the Minister with the Criminal Assets Bureau is probably well worth exploring in this context. It would be remiss not to mention that body without complimenting it on the effective work it has done in recent years in many areas of criminal activity. It has proven quite effective and many European countries have examined its modus operandi with a view to establishing similar bodies in their own jurisdictions to counter different types of criminal activity.
One would also hope that the Judiciary, in dealing with cases which come before it, will use the legislative provisions in this area not only to penalise people found guilty of this activity but also as a deterrent. In that regard I, and indeed many people involved in local government, would be particularly disappointed at the very lenient approach adopted by the Judiciary to litter legislation. One would hope that a similar approach would not apply in this instance but that the penalties imposed would be commensurate with the serious nature of the crime.
The type of waste discovered in some of the illegal dumps presents a threat not only to the environment but also to human health. This cannot be tolerated in any civilised society. The fact that large quantities of hazardous hospital waste were found in some of these locations indicates the mentality of the people involved. Penalties should be commensurate with the seriousness of the offences being committed.
There is a need to monitor private operators to ensure that licensing provisions are fully complied with. Irish people, perhaps because of our history, tend not to show the same commitment to legislation and regulations which is evident in other jurisdictions. In this regard, it is imperative that the letter, as well as the spirit, of the law is fully enforced and complied with. Local authorities are responsible for ensuring there is such compliance and it is important that they are properly resourced. I welcome today's statement by the Minister that environmental levies, such as the landfill levies, will be used to tackle the particular difficulty we now encounter.
Legislation may need to be looked at. While much in the Statute Book deals with indiscriminate dumping of any kind of waste there may be a need to legislate for land that is already contaminated. I understand that legislation may not be effective in that regard. Some of these activities have been going on for a number of decades. If we are serious about protecting our environment, steps must be taken to clean up such areas – no matter how long the materials are there – so that water courses and even open areas do not put people's health at risk.
It is essential to have competition. We spoke about it earlier during the debate on the Transport (Railway Infrastructure) Bill, 2001. I am concerned that local authorities are the main operators of landfill sites. Cost efficiencies are not best protected when there is no competition. The necessary regulations and disciplines are brought to bear with competition. That does not mean that people would sacrifice any of the standards which must be met. The corporate policy group system which is now in operation should function rigorously at Estimates time in assessing all areas of expenditure. It should also ensure that cost effectiveness is applied and has the back-up of outside expertise. Some private operators involved in the waste disposal sector have complained that this is not happening. They feel competition is often skewed as they are competing with local authorities.
Ultimately this is about people acting responsibly and the regulatory authorities rigorously enforcing the legislation and requirements. It also calls for the Judiciary to recognise the seriousness of the offences. That would indicate to those who are inclined to break these laws that it would be a totally unproductive and unprofitable activity.
When the first such dump was discovered we thought it might have been atypical. Regrettably it seems to be fairly representative and is being repeated all over the country. A large number of further sites may yet be disclosed. This displays a kind of attitude which I think we ought to have got away from a long time ago. It is the attitude of a cavalier cowboy who is interested in profit only and is unconcerned about the health and welfare of his or her fellow citizens.
We discussed a dump which was uncovered at Whitestown near Donard in west Wicklow. This is a classic representative sample. The gentleman who ran the business was running an unlicensed quarrying and dumping business. He claimed that he was approached by people with a view to using this dump. When it became clear to the authorities that this was going on they investigated it and found samples from a hospital theatre, patients' records and all kinds of materials that were either physically problematic or problematic from the point of view of patient confidentiality. There were a number of worrying aspects to it. There is also a suggestion that rogue skip operators are involved in this. It appears these skip owners are contracted by hospitals to dispose of general hospital waste including certain foods, unused dressings and decontaminated material. Much of this is problematic and it is on a very wide scale.
The dump at Belcamp in County Dublin which we learnt of recently – on which a report features in today's edition of The Irish Times – is very worrying indeed. The authorities should have been aware of it much sooner because local residents who objected to this dump attempted to alert the authorities but it appears nothing was done. There was a general awareness that this was going on but the authorities failed to respond as immediately and effectively as they could.
The material involved in very worrying. Blood bags, hypodermic syringes, urinals and bed pans are among materials uncovered at Belcamp. It is estimated the dump contains 40,000 tonnes of contaminated waste. The material covers an area of 250 metres by 40 metres to a depth of five metres and is adjacent to a GAA pitch. There is an extraordinary opposition between health and sport on the one hand and this contaminated material on the other. One thinks of vials of blood which have been dumped. When further materials are dumped on top of them they will smash and their contents will be released into the water table. It is very worrying indeed.
As legislators we may unwittingly have complicated this. I managed to locate an interesting brief from a company called Celtic Waste. I know nothing about it and have no interest it; I am neither a shareholder nor a director in the company. I was struck by the clarity of the information it presented:
The Minister for the Environment and Local Government, Noel Dempsey passed the Waste Management Amendment Bill in July 2001. The Bill allows for the imposition of a landfill levy of up to £15 per tonne, a plastic bag levy of 10p per bag charged at the point of sale and the development of an Environmental Fund from the money raised by the levies.
That appears to be ideal. Unfortunately, human nature being what it is this Bill creates an opening for profiteering by some of rogue operators. It has been indicated to Celtic Waste that rogue operators and those involved in unofficial dumps have been involved. Elements of the black economy are already involved. The Celtic Waste brief continues:
The Environmental Fund will provide for a pool of resources for environmental endeavours such as education programmes, capital grants for recycling campaigns, and other areas yet to be determined by the Department. One of the objectives in introducing the landfill levy is to change behaviour by making people use alternative waste disposal methods such as recycling, reuse or incineration.
We do not have an incinerator. I am a strong advocate of the environmental lobby but we can no longer bury our heads in the sand. We must have incinerators in this country, otherwise these problems will multiply. I know there will be objections in any area that is selected and the local representatives will come under great pressure. We will be burying our heads in the sand if we do not build incinerators. I would support the introduction of a properly balanced programme of incineration for dangerous materials. It is much better to incinerate such material than bury it when it is still active.
The brief continues:
In early 2002 when the new landfill levy is imposed the cost of waste disposal at legal landfill sites will rise. This will have the following implications:
Increased costs of disposal will encourage rogue traders to illegally enter the business.
This will increase the incentives to illegally dump in fields, bogs, disused quarries and anywhere else it can be disposed of without detection.
The cost of being caught is minuscule compared to the profits to be gained.
This is a very effective point. We are creating circumstances which open up a possibility of profiteering, the consequences of which are so light as to indicate they may be disregarded. The statement continues:
Further to the Waste Management Amendment Bill, the Minister signed the Waste Collection Permit Regulations on August 31, 2001. This means that waste contractors will have to apply for a permit by November 30, 2001 to be considered legitimate operators.
Raising the cost of waste disposal to legal landfill sites by £10 per tonne creates an attractive opportunity for a rogue trader who decides to enter the business.
Assume the cost of waste disposal to legal landfill sites will rise by £10 per tonne creating an attractive opportunity to a rogue trader who decides to enter the business:
Reward: the financial benefits of illegal dumping are already very substantial. Assuming one load equals 18 tonnes of waste and EPA licensed landfill gate fees equal £60 per tonne, then this implies that up to £1,080 per load can currently be saved by diverting waste from legal licensed landfill to illegal sites. The landfill levy will increase this saving by £180 per load (i.e., LFL = £10 pt.) to £1,260 per load. With medium sized illegal waste contractors handling 100 loads per week the savings involved could be up to £126,000 every week. [This is motivation and it is the reason it is happening all over the countryside.]
Penalties: when this is compared to the provisions in relation to offences associated with the 1996 Waste Management Act, "allowing a maximum of £1,500 or 12 months imprisonment or both," the severity of the deterrent is put in context.
This is one of the reasons we, as legislators, will have to return to the matter and increase enormously the potential penalties. When one has an opportunity to make £126,000 a week and the potential fine is about £1,500, one can walk into one's bank, having paid the fine, with £124,500 in one's back pocket. Many people will give in to that kind of temptation.
I join my colleagues in welcoming the Minister to the House and extending a broad welcome for the action he is taking on a very major, if somewhat hidden, problem that has been around for a long time. It is only now coming to the surface – no pun intended – in the most unfortunate circumstances.
If ever a policy document was appropriately titled, Changing our Ways, to which the Minister referred, is it. This is a question of a change of culture. Everybody, from private individuals to large corporate entities, must change their ways of dealing with and their attitudes to waste and its disposal and management. This will not happen overnight. Awareness of waste and waste management is a product of the past 20 years. Following a lengthy and necessary lead in period, we are now beginning to see progress on the ground.
The longer we continue the current approach, the better. It is constructive and positive and very much medium to long-term. My only slight word of caution is that, too often, on this issue and many others, the private citizen has tended to leave the resolution of problems to the famous "they", the third party which is invariably some State body, local authority or Government institution. The reality is that the resolution of this problem is in the hands of every citizen. Until every individual changes his or her way of dealing with waste when it comes into his or her hands, be it a mere cigarette butt or a piece of paper, we will not have mastered the problem.
This morning, while driving into Dublin, having listened to the radio and the reports of the dumps found in north County Dublin, I noticed the number of drivers in traffic ahead of me who, rather than put their finished cigarette in the car ashtray, rolled down the window and tossed it out. While this behaviour is a minuscule drop in the ocean, at the same time it is indicative of our overall attitude to waste. Our ultimate target must be to sort out such matters.
Another unfortunate aspect of this, about which we hear a great deal, is the user pays principle. The premise that the end user is ultimately liable for where his or her waste ends up is correct and appropriate. If, however, as indicated in The Irish Times today, it is very much the responsibility of the user or producer of the waste to ensure it has been appropriately dealt with, this must mean disposing of it safely and in a manner acceptable not only to the producer, but also to the population at large.
It is deeply ironic that the institutions of the State charged with the task of ensuring the health of citizens, namely, the health boards and hospitals, are responsible, perhaps inadvertently through ignorance or otherwise, for creating potentially huge health hazards arising from the disposal of materials in various areas. This is a matter of grave concern which needs to be examined. While I have no doubt the institutions are also gravely concerned, it is not enough to sit back and let somebody else sort out the problem. It is their waste. Regardless of to whom it was contracted or subcontracted, they are responsible for ensuring its safe disposal. They will have to re-examine their role in light of recent findings.
I welcome the Minister's statement that the Criminal Assets Bureau will be involved in dealing with the problem. For a long time – certainly long before my involvement in public life – there has been an awareness in the greater Dublin area that criminal elements were involved in the disposal of waste. In common with all other spheres of activity, it is probably only a minority. I look forward to the progress of the Criminal Assets Bureau and the Garda in investigating the precise nature of this involvement. Over the years there have been all kinds of stories about trucks driving around the roads in the outer Dublin area, dumping at all hours of the day and night, and of gates being surreptitiously opened at these sites to facilitate entry and disposal by these cowboys. Unfortunately, this is the reality. I am delighted the appropriate authorities are involved. I hope their participation proves successful and appropriate action is taken in due course.
I turn to some of the issues addressed in The Irish Times today, particularly the report on the dump at the M50, with which I am familiar because it is in my area. A question immediately jumps off the page. Would this dump have been permitted if it had been located in a more prosperous area? It was not referred to earlier, but the three areas immediately adjoining the dump are Darndale, Clonshaugh and Coolock, and Senators might not be aware that there is a fairly large Traveller settlement near the site. If this dump had been in a more fashionable area, perhaps on the other side of the Liffey, it would not have laid undiscovered for so long. That is indicative of our culture. If it is somebody else's problem, particularly the least privileged, we will keep our hands clean. That is grossly unfair. This question should be put to the individuals concerned.
I want to raise some questions about the site at the M50. How long was the local authority aware of its existence? It is unbelievable – I use the word deliberately – that one of the largest road projects in the country, the M50 development, was carried out in the vicinity of this site, with an extension of the M50 developed over the site, yet nothing was discovered. That raises questions about the quality of the construction of our roads and depending on the answer to my question, it may lead to other questions being raised.
This problem has come to the surface in an unfortunate way – no pun intended – and must be addressed. I hope we learn from the lessons of County Wicklow and north Dublin in recent weeks and proceed to deal with problems in other areas on a proactive rather than a reactive basis.
I confirm some of the points made by Senator Glennon because reading the report in the newspaper this morning, it was obvious that this site is located beside some seriously disadvantaged areas in which communities of Travellers live. There are a number of schools in the area, including a section of a school for Travellers, and it is amazing that this dump could have existed beside one of the busiest arteries in the country.
In the early 1980s, before the land was developed, Clonshaugh was a rural area where I knew a number of the farmers at the time. We need to examine various aspects of what is happening here. This is not an imported problem. It is our waste. We created it. It raises the question of our laissez-faire attitude to disposing of waste and dirt. For the past 30 years those of us who live in the rural areas close to the capital have had the experience of people dumping their waste, including refrigerators, beds and trailers, in the by-roads of north County Dublin. Senator Glennon will be well aware of this problem. That is an appalling attitude on the part of one level of society.
We are now talking about institutionalised criminalisation. We need to take various steps to deal with this problem. Perhaps the Minister will confirm to the House that the European Union is processing a complaint against the Government on the issue of waste and the environment. That is even before the emergence of the problems in County Wicklow and north Dublin. Does it reflect in any way the change in some areas in regard to who collects waste? In north Wicklow the system changed in that instead of the local authority collecting waste, it was done by groups. I am not suggesting that all private operators are in any way corrupt, but some are. I want the Minister to reassure the House that none of the groups officially collecting waste on behalf of councils and local authorities is involved in or connected with any of the dumps identified to date. We need that reassurance because we are talking about taxpayer's money and it is taxpayers who are at risk.
The health risk should be clearly identified and articulated. We do not want to read about it in The Irish Times. We need the Minister, the authorities and the Department to make clear the levels of danger. Will it affect the water supply? The Minister will be aware that in areas like County Wicklow and north Dublin, many have their own private water supply and would be at risk from seepage.
What system is in place for the licensing of waste operators? How do people get into the business? Can anybody buy a truck and start collecting waste or are there regulations governing the licensing of those who take over that responsibility? In that event, what inspection system is in place to evaluate the way in which they do their work?
We need to identify those areas which create hazardous waste. We also need to ensure all waste is sorted and ensure the traceability of waste from the point at which it is created and collected to the point at which it is finally dumped. We must ensure also there is a follow-up inspection system to create a sense of security. We need to know how traceability works.
There must be some way of identifying the authors of our problems. I would also like to know what crimes are being committed by them about which, as a legislator, I am not clear. Which laws have been broken and what are the possible penalties? It is clear that many made a lot of money. Most ordinary people were taken aback by the profits to be made from the industry. The profit per truck load of waste was extraordinary, with many millions of pounds being made. If such money has been made, the Criminal Assets Bureau should investigate the way the people concerned dispose of their money. We are talking about criminal assets. If people created a fortune for themselves through criminal means, we need to examine this and the Criminal Assets Bureau should take a serious interest in it. We have to be seen to be taking action, ensuring there is redress and taking people to book. We also need to clear the names of the landowners who, perhaps in good faith, came to some contractual arrangement with those involved in waste disposal. We must get to the bottom of this problem and find out who is responsible.
How do we dispose of the waste in the illegal dumps? What options are available? Are more chemicals required to break it down or can it be disposed of through incineration? Is it more dangerous to remove it than leave it there? I do not know the answers to these questions. Is there a continuing danger to public health as a result of toxins in the dumps which could contaminate the atmosphere and water supply? Answers are needed to those questions because we are not experts. The plan to dispose of the waste needs to be outlined.
The question of blaming a member of Government does not arise because this dumping took place during the lifetime of successive Governments. However, somebody must take responsibility for cleaning up the mess, which will not be easy. The House and the public want to ensure strict and severe measures are taken quickly. We want to know the strategy and tactics that will be adopted to bring those responsible to justice.
There may be one positive aspect to this issue. At last it might begin to generate a change in the attitude of the public towards waste and the environment. Middle ground might be found between so-called environmentalists and real environmentalists. Real environmentalists are those who love the environment, nature and the countryside but who also recognise certain compromises must be made to accommodate housing, transport and so on. It is a realistic approach. It is good that people might be woken up to the fact that these problems affect us. We need to ensure our environment is kept clean, otherwise it will not be safe and will become hazardous and dangerous to public health. Anybody could suffer and it is in our interest to address this issue.
As more illegal dumping is discovered and the size of the problem is appreciated by the public, the more likely it is that people will seek answers. It is our responsibility, as public representatives, to ensure we come up with the answers.
I welcome the Minister of State for these important statements. Many points have been raised regarding the problems we face. No matter where one goes in Ireland, there are problems that must be tackled. I am a local authority member and the Minister has supported local authorities in the past in addressing the waste issue but they have failed to do anything about illegal dumping. Tourists are amazed at the level of dumping and littering in our towns and villages, despite the number of refuse bins that have been provided. We do not use them. Something must be done. The Government allocates plenty of money but local authorities spend it on provisions that do not matter.
How many litter wardens have been appointed? Their hours must be flexible because there is not much use in appointing a warden to work from 9 a.m. to 5 p.m. Much of the dumping in rural areas happens later than that. Old cars are dumped on the side of the road and the owners must be pursued, given that all cars are registered. A scrappage scheme was introduced a number of years ago to cater for people who wanted to scrap their old cars but this issue must be addressed further.
Local authorities have done good work in regard to the disposal of household effects. The Minister makes an allocation available annually, which local authorities use to provide skips in towns and villages so that people can dispose of old televisions, refrigerators and so on. Some people are too lazy to transport such effects in a small trailer to the skips and prefer to sneak out at night and dump them on the roadside.
The dumping of dead animals in rivers is still prevalent despite the introduction of tagging and registration which would allow for the identification of the owners. I live in the Shannon basin and when there is flooding during the winter dead animals are carried down river and not disposed of, which is a disgrace. This also results in more expenditure for local authorities as they must dispose of the animals, involving the expenditure of money which could be better utilised.
The disposal of plastic bags is also a problem. The Department has proposed to levy the use of bags. They are to be seen in hedges throughout the countryside. Road users are not the only people responsible for dumping bags as the farming community also has a great deal to answer for in this regard with plastic thrown in fields after baling has been completed. This leaves a lot to be desired.
Local authorities have introduced recycling banks. Old batteries are returned in my local school and home composting has been encouraged. A recycling week is proposed to be held annually to educate people and get young people involved. Work needs to be done on plastic recovery. Dumps are bursting at the seams and approval is awaited from the EPA to extend their use. What will happen if the EPA rejects these requests?
There are major problems in the area of waste. I do not know the background to the cases in Wicklow. Perhaps the farmer involved was told different products were being dumped but what happened was scandalous. There is an onus on the registered contractors to use recognised tip heads. Illegal dumping must stop but there is substantial money to be made by those who engage in it.
The day is fast coming, whether we like it, when this country will have to have incinerators. More research should be founded on the health risks associated with incinerators and, if there are no problems with them, we must move in that direction. It is not enough for health boards to take on contractors to dispose of their waste, rather the boards should be obliged to monitor where the waste goes.
I welcome the Minister's statement, in particular the proposed landfill levy. However, the fee should not be an executive function of the manager but should be decided by the elected members. I compliment the Department on its work on this measure. The onus is on us all to reduce the problems, and people who dump illegally should receive severe fines.
I welcome the Minister to the House. This issue has been raised almost daily recently in this House and we see almost daily reports of the discovery of illegal dumps of hazardous and non-hazardous waste. Most of these occur in the Dublin and Wicklow area. The Environmental Protection Agency figures, quoted by the Minister, indicate that there are 490 sites and 84 operational facilities where hazardous and non-hazardous waste is disposed of.
The situation is out of hand. It is as though something on a colossal scale was happening under our noses without anyone knowing anything about it. What were the local authorities doing? What checks did the health boards carry out? What complicity occurred between landowners and the companies who disposed of waste? Why was no significant action taken? This is a scandal involving the contamination of water and damage to the environment, while enormous profits were made by rogues. There appears to have been more illegal than legal waste disposal. How could that exist for so long? Suddenly after the tip of the iceberg emerged, we find that it is a huge problem. There ought to be an inquiry.
The Minister did not give us the figures on it, but I am not aware of any conviction for over 18 months and there has only been one imprisonment. As he stated, there is legislative provision for fines of up to £10 million or ten years in prison, but they have not been imposed. Has there even been an attempt to impose them? Has the Director of Public Prosecutions taken any cases in a higher court? We do not have the information even though we have long sought a debate on this issue. We must know what is being done. How many enforcement officers are there? When will prosecutions take place? We ought not to send in the Criminal Assets Bureau to investigate illegal profiteering. That is for the future.
It is a local authority function.
It is not just the local authorities but the Minister for the Environment and Local Government is also responsible for the implementation of policy.
Measures are in place but need to be implemented.
What has the Minister done—
What has the Senator done?
—to ensure that the local authorities report such cases to the Director of Public Prosecutions? He has spoken to all the local authorities but has he told them to take this issue seriously? The local authorities issue final reminders to people who have not paid their waste charges. In Dublin, that is £65, or £95 with a bin, although, as the Minister must be aware, half of Dublin is still without bins. They are threatened with dire legal action over a service that has no element of waste management. Court cases are being taken against households and there is no recycling plan.
That is a local authority function. The Minister has no responsibility.
The Minister has ensured that this is happening. He threatened the local authorities with dire consequences if they did not enforce his policy.
It is a local authority function, that is why.
The Minister's is a non-plan. What is he doing to get the local authorities to fulfil their functions over illegal dumping? Nothing. The Minister is a disaster and this is a great scandal. I am disappointed with the address of the Minister of State and the lack of action. The local authorities have considerable responsibilities but the Minister, as the boss, must ensure that policies established by legislation are implemented, yet the Department has taken no action, good, bad or indifferent, on this matter.
Recently, I raised the issue of the Dublin Waste Company which operates in the Sheriff Street and East Wall area and has been in breach of just about every regulation. It stores waste in an area set aside for empty trucks. Its noise levels at all times are too high. Waste is brought in and out at all hours contrary to its licence. The company was convicted on a number of charges recently, yet £15,000 was the maximum fine despite this not being a first offence. They were also convicted of dumping hazardous and non-hazardous waste in Wicklow.
Offences of this nature should always be dealt with firmly. It conveys the impression that those who run a business can get away with anything while the ordinary person who commits a petty offence ends up in prison. There is latitude and flexibility in enforcing the law where a large operator is concerned. Why are their licences not revoked? Why is the law not enforced effectively? The profits are huge but if the fine is only £15,000, why not abuse the law? Why not engage in illegal dumping and why not destroy the environment when there is a fortune to be made? That is what the cowboy operators are doing and they seem to be the norm rather than the exception. I am sure we will return to this issue in the new year. Those of us who are local councillors will be taking it up with our local authorities and looking very closely at the issue of licensing in the future. I am disappointed the Department does not provide leadership on this issue.
The issue arises at local level and local authorities have the mechanisms and the powers to deal with it.
We are assuming leadership at local level. This House deals with the development of policy and legislation and their implementation. Our environment and our drinking water is being destroyed. The Minister should ensure that complaints go to the Director of Public Prosecutions.
The local authority has the necessary power.
I am not an enforcement officer. I am going to ensure that I pressurise the local authority but I am only one councillor. The Minister is the Minister.
The Senator has been given the power at local level and, if it is not being implemented, that is his responsibility.
I am disappointed with the Minister of State's response. I thought he would accept his responsibility. Of all people, the Minister for the Environment and Local Government should take a very proactive approach to ensure the law is not being broken.
I welcome the Minister of State to the House and congratulate him and the Minister for the Environment and Local Government. It is very popular to blame somebody else. We live in a blame society. "They" should ensure there are sufficient dumps, "they" should ensure waste is properly disposed of, "they" should do everything.
There are people who are responsible.
It is time local authority members instructed their county manager and adopted a hands-on approach to running the authority. Local authority members should not run away from the problem. That is what is happening in this country, it is too easy to blame somebody else.
We all know that there are three systems of waste disposal: recycling, dumping and incineration. There is not enough recycling taking place. There is far too much packaging on goods. Sausages are now packaged in three or four cellophane wrappers where two were sufficient in the past. These wrappings do not disintegrate.
I was on holidays recently in Playa de las Americas in the Canary Islands. The island of Tenerife has two small incinerators and one big one just to service a small island. People were lying out in the sun and on the beaches within 50 yards of an incinerator and nobody complained. We are not able to have an incinerator here. In Japan, there is an incinerator is almost every village and the Japanese are healthier and have a longer life expectancy than we do.
It is time we stopped objecting to everything. We had incinerators for generations in this country. Every household in this city burned its waste in the fire, as did every house in the country. Every creamery had a big boiler into which all the rubbish went. Every hospital had a boiler house which burned bandages and other waste.
Burn and be damned.
Yes. Every hospital should have its own private incinerator for the disposal of toxic waste.
That is utterly ridiculous.
It is not ridiculous. Our answer is always to move the problem somewhere else. Where do we get rid of this waste? We must face up to the problem. I called for a debate on the legal system because I think it is wrong.
These issues do not come before a higher court.
The Senator himself said that some people are getting away with a fine of just £100.
They are prosecuted in the District Court where they cannot be given a hefty fine.
Those illegal dumps were there when the Opposition was in Government and nothing was done about them.
These provisions were imposed by the 1996 Waste Management Act.
Senator Costello, it is not in order to interrupt.
I am sick of this blame society. We cannot continue like this.
Keep Sligo beautiful.
Was the recent court case ever sorted out? The rate payers of this country will not be able to shoulder the total cost of refuse collection if some people do not pay for these services. The business community is over-taxed. If local authorities ran pubs, we would expect them to give out free drink. That is the way it is today. Local authorities cannot do everything for free; they must receive payment. County councillors who tell people that they should not pay waste charges act irresponsibly. I supported the introduction of water charges although some people said there was no need for them.
I know of a recent case where a lady who threw away a cigarette butt, a biodegradable substance, was fined £1,000. Big businesses are dumping rubbish but are not being charged for doing so. What are the county councils doing to bring those people to court?
The Senator is a member of a local authority.
Members should ask their county manager what actions have been taken to bring those people to justice. How many litter wardens are to be seen at two o'clock and four o'clock in the morning when people come out of discos and pubs, go into takeaways and throw all their rubbish on the street? It is very easy to catch some poor old lady throwing a cigarette butt out the window and charge her £1,000. That is not justice. I am a non-smoker and am not in favour of smoking but fair is fair. Too many officials take the line of least resistance by making an example of an old lady. This country must adopt a hands-on attitude and stop passing on responsibility. We must be prepared to make decisions and realise that whether or not we like it, incineration is the only realistic way to dispose of toxic waste. There is no other way. It is becoming impossible to find landfill sites. When the county council chooses a site on which to locate a dump or build a road, some rare snail, archaeological feature or tourist attraction usually stands in the way. There are places in my county where I never saw a sinner going and if the council decided to take action, it suddenly became a huge tourist amenity.
We must be realistic and stop trying to blame other people. We are all to blame. We all have to play our part and as public representatives we must give a lead. We cannot be hail-fellow-well-met with everyone. We must say we have a problem, which must be solved, and we must introduce a system whereby we can dump or burn our waste to get rid of it. I again congratulate the Minister on his very positive approach. I ask the councils and local authorities to take a hands-on approach and not to blame the Minister. The ball is in their court and they need to play it.
That was good stuff from Senator Farrell.