Dáil Éireann Debate, Wednesday - 24 April 2013
193. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government his plans to introduce legislation to assist local authorities with issuing fines in relation to dumping on private property, most notably in developments run by a property management company; and if he will make a statement on the matter. [19452/13]
View answerExisting 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.
Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008 and provide that each house must have access to suitable and adequate pest and vermin-proof refuse storage facilities. These Regulations were further amended by the Housing (Standards for Rented Houses)(Amendment) Regulations 2009 which expanded the definition of ‘a proper state of structural repair’ to allow for all aspects of the internal and external appearance of a dwelling to be taken into account for the purposes of the Regulations. A comprehensive new sanctions regime for the enforcement of these standards is also available to local authorities following the enactment of the Housing (Miscellaneous Provisions) Act 2009. Fines for non-compliance with the Regulations have been significantly increased; the maximum fine has increased from €3,000 to €5,000 and the fine for each day of a continuing offence has increased from €250 to €400.
