Dáil Éireann Debate, Thursday - 9 December 2004
79 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government if he will consider introducing amending legislation to deal with the anomaly whereby local authorities cannot grant individual waivers for refuse charges to persons living in private apartment blocks in light of the implications this has, particularly for elderly persons on low incomes living in such accommodation; and if he will make a statement on the matter. [32659/04]
View answer92 Mr. Neville asked the Minister for the Environment, Heritage and Local Government if he will amend the legislation governing the waiver system for refuse charges following its axing on the advice of the Attorney General; in view of the consequences for up to 2,000 elderly citizens in Limerick who will be forced to pay for their refuse collection for the first time in 2005; and if he will make a statement on the matter. [32786/04]
View answerI propose to take Questions Nos. 79 and 92 together.
The determination of waste management charges is statutorily a matter for the relevant local authority in cases where it acts as the service provider. Where, as may commonly occur, a private operator acts as service provider then that operator will determine the charges. Similarly, in regard to waiver schemes for waste charges, it is the responsibility of the local authority concerned to decide on the nature and extent of any such scheme in the case of services provided by itself. Generally speaking, waiver schemes do not operate in respect of privately supplied collection services.
In the case of Limerick City Council, I understand that the 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. Given the possibility of alternative approaches under existing legislation and differing arrangements across local authorities, I do not consider that it would be appropriate for amending legislation to prescribe a uniform approach to the design of waiver schemes by individual local authorities.
The issue of waste charges and low income persons or households has been raised in a social partnership context. Arising from this, discussions have taken place between my Department and the Department of Social and Family Affairs with the scope of identifying relevant issues and how these might be addressed.
