Amendments Nos. 2 and 3 are related and may be taken together.
SECTION 3.
Acting Chairman
I move amendment No. 2:
In page 6, subsection (1), line 5, to delete "from a public place".
I am uneasy about a definition based on location or that defines litter in terms of from where it is visible. Whether visible or not litter is a blemish and we should eliminate it. I live in a mid 19th century terraced house which means my living quarters are on the first floor. From my window I can see litter that may not be visible from a public roadway or to the general public. People who do mountain climbing and hill walking get a different view of things and might see litter that may not be visible in the terms set out in this Bill. We should be determined to eliminate litter no matter where it is visible from. I ask therefore for the support of the Committee in having these words deleted.
If this amendment is not accepted, the Bill will allow for too much leeway for people. This Bill is about litter, not just litter in public places. The problem in local authorities has been departmentalisation which has meant that the roads' department deals with litter in its area while another department deals with it in another place. The result is ineffective litter control.
I have considered this amendment as it seems sound on the face of it. However, I am advised that it presents difficulties. My approach is not simply to amend the previous Bill. The desire is to have a Bill encompassing all law relating to litter. The problem with defining any location is that an individual's back yard could become the focus of legal action.
That is not likely. There are laws on trespassing.
The Deputy has great vantage points from her terraced dwelling. The amendment would present complications. The Bill as drafted does not confine itself to public places. It mentions a place that is visible from a public place. Therefore, litter visible to hill walkers, for example, is covered in the Bill. To reach into individual back yards and garages is going too far and I am advised it would not be appropriate. Will the Deputy accept that I have spoken at length with my officials on this matter, that we have cast a very broad net and it should not be cast further.
Amendment, by leave, withdrawn.
Amendment No. 3 not moved.
Acting Chairman
Amendments Nos. 4, 5 and 48 are related and may be discussed together by agreement.
I move amendment No. 4:
In page 6, subsection (3), line 14, to delete "household" and substitute "municipal".
Section 3 prohibits household waste being deposited in a litter receptacle. This provision was included in the Bill at the request of some local authorities who are having problems with household waste from within dwellings being deposited in litter bins rather than being stored and presented in the normal way for refuse collection. The result is that litter bins are filled to capacity quickly and are not available for the casual disposal of litter for which they are provided.
Amendment No. 4 will extend this prohibition to cover municipal waste. This amendment is necessary because the term "municipal waste" is more appropriate. It has been reported to my Department as common for commercial type refuse to be deposited in litter bins instead of being disposed of properly.
Amendment No. 5 takes the definition from the waste management legislation and amendment No. 48 is a consequential amendment to the changes made in section 3 which refer to municipal rather than household waste.
Amendment agreed to.
I move amendment No. 5:
In page 6, lines 20 to 23, to delete subsection (5) and substitute the following:
"(5) For the purposes of subsection (3), ‘municipal waste’ has the meaning assigned by section 5 of the Waste Management Act, 1996.”.
Amendment agreed to.
Section 3, as amendment, agreed to.