Public Service Charges.

Dáil Éireann Debate, Wednesday - 8 December 2004

Wednesday, 8 December 2004

Questions (161)

Michael Noonan

Question:

160 Mr. Noonan asked the Minister for the Environment, Heritage and Local Government if any of his officials has forwarded advice from the Office of the Attorney General or other legal advice to Limerick City Council regarding the provision of a waiver scheme in accordance with section 75 of the Waste Management Act 1996 (details supplied); if the purpose of forwarding this advice was to inform the city manager that the city council would be acting ultra vires if it made financial provision in the 2005 estimates for a waiver scheme from charges for collection of domestic refuse by private collectors; if this communication with the city manager was an instruction not to prepare an estimate which included such a provision; and if he will make a statement on the matter. [32648/04]

Written answers

Minister for the Environment, Heritage and Local Government (Mr. Roche)

Limerick City Council has received legal advice indicating that in the present circumstances obtaining in its area for the provision of domestic waste collection services, the council may not be empowered to provide a waiver scheme. It is for the council to address this matter in the context of the local circumstances involved and the possible measures available to it under the Waste Management Acts.

My Department sought subsequent corroboration from the Attorney General's office of the legal advice obtained by Limerick City Council and, at his request, forwarded this to the city manager for information purposes only. At no point did my Department issue, or purport to issue, an instruction to the city council on these matters, as the decision to provide a waiver and/or a collection service is properly one for the local authority.

Questions Nos. 161 and 162 answered with Question No. 158.