Dáil Éireann Debate, Tuesday - 23 April 2013
452. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he is considering amending current legislation to allow for the naming and shaming of illegal rubbish dumpers; if his attention has been drawn to the current problem of illegal dumping throughout the country; and if he will make a statement on the matter. [18745/13]
View answerI am well aware of the problems caused by illegal dumping and while this is a matter in the first instance for local authorities, my Department has taken a number of actions to address the issue. In 2012 , I introduced a once-off Litter Enforcement Grants Scheme, targeted specifically at the issue of fly tipping and small scale illegal dumping, encouraging local authorities to enhance their existing enforcement activities, through measures such as the purchase of CCTV equipment to allow for the effective monitoring of known litter black spots. I also launched, again in 2012, a national campaign in conjunction with Fáilte Ireland, local authorities and the Environmental Protection Agency and supported by the print media, to highlight the economic value of our environment and encouraging the public to report all incidences of illegal dumping to the Agency’s National Environmental Complaints hotline at 1850 365 121.
Existing penalties available under the Litter Pollution Acts for litter offences range from an on-the-spot fine of €150, to a maximum fine of €3,000 on summary conviction, and a maximum fine of €130,000 on conviction on indictment. The fines for continuing offences are €600 per day for summary offences and €10,000 per day for indictable offences. A person convicted of a litter offence may also be required by the court to pay the local authority’s costs and expenses in investigating the offence and bringing the prosecution. Penalties for more serious dumping offences provided for under the Waste Management Acts are also substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal of waste are liable to a maximum fine of €3,000 on summary conviction and/or imprisonment for up to 12 months, and to a maximum fine of €15 million on conviction on indictment and/or imprisonment for up to 10 years.
Following a review of legislation in this area and notwithstanding the significant penalties currently in place, my Department is currently preparing legislative proposals that would provide for the introduction of a specific on-the-spot fine for incidences of fly-tipping or small-scale illegal dumping. I expect to be in a position to submit proposed Heads of a Bill in this regard to Government for approval shortly.
Enforcement action in relation to illegal dumping is a matter for the relevant local authority concerned and also the Environmental Protection Agency's Office of Environmental Enforcement (OEE), which supervises the environmental protection activities of local authorities. My Department provides funding to support the activities of a network of local authority environmental enforcement officers and the OEE. Each local authority sets out an annual programme of action, detailing its planned enforcement action in relation to activities such as illegal dumping, towards which this funding will be utilised.
In relation to the issue of “naming and shaming”, the Data Protection Commissioner has previously indicated to my Department that actions taken by local authorities in publishing the names and addresses of persons fined or convicted as a result of littering or illegal dumping, whether by publication on their websites or by notices published in the local press and paid for by the local authority, would be in breach of the principles of data protection. These principles are contained in the Data Protection Act 1988, as amended by the Data Protection (Amendment) Act 2003, and in particular, by Section 2A of that Act. Having examined this matter in some detail, I do not plan to introduce legislation allowing for “naming and shaming” at this time.
