The determination of the waste management charges is statutorily a matter for the relevant local authorities in cases where they are the service providers. Where, as may commonly occur, a private operator is the service provider, the operator determines the charges. Similarly, in regard to waiver schemes for waste charges, it is the responsibility of the local authorities concerned to decide on the nature and extent of any such scheme in the case of services it provides. Generally, waiver schemes do not operate in respect of privately supplied collection schemes.
Limerick City Council has received legal advice indicating that, in the circumstances obtaining in its area for the provision of domestic waste services, it may not be empowered to provide a waiver scheme. It is for the council to address this matter in the context of local circumstances and the possible measures available to it, of which there are several, under the Waste Management Acts. Given the possibility of alternative approaches under existing legislation and differing arrangements across local authorities, I do not consider it appropriate for amending legislation to prescribe a uniform approach to the design of waiver systems by individual local authorities.
The issue of waste charges and people or households on low incomes has been raised in the context of the social partnership. Arising from this, discussions have taken place between my Department and the Department of Social and Family Affairs with a view to identifying relevant issues and how these might be addressed.
