I propose to take Questions Nos. 134 to 136, inclusive, together.
The Litter Pollution Acts 1997 to 2009 provide the statutory framework to combat littering and include provisions relating to dog fouling. Under the Acts, the primary management and enforcement response to littering (including dog fouling) is a matter for local authorities. It is a matter for each local authority to determine the most appropriate course of action to tackle litter pollution locally, within the legislative framework, including the most appropriate public awareness, enforcement and clean-up actions in relation to litter and dog fouling, taking account of its own local circumstances and priorities. Section 16 of the Control of Dogs Act, 1986 sets out the powers of dog wardens. In addition, section 28 of the Litter Pollution Act, 1997 provides that a dog warden, within the meaning of the Control of Dogs Act 1986, may issue a notice or on -the- spot fine to an individual believed to have committed a prescribed offence under the Act.
While my Department does not collate statistics on the number of fines issued by local authorities in relation to specific offences, such as dog fouling offences, data is available under the local authority service indicators report on the number of fines issued generally, along with the number of prosecutions and convictions under the Litter Pollution Acts. The 2012 local authority service indicators report is available at the following link: http://www.lgcsb.ie/en/serviceindicators/2004to2012. Penalties for littering offences are already substantial, ranging 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 maximum 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.
The Data Protection Commissioner has 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 any littering offence, 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 contained in the Data Protection Act 1988, as amended by the Data Protection (Amendment) Act 2003.
I am of the view that there are sufficient penalties in place to deal with the issue of dog fouling when enforced under the Litter Pollution Acts and I have no plans to introduce further legislation at this time. I believe that raising awareness of the litter problem and educating our young people is key to effecting a long-term change in society’s attitudes towards litter disposal but ultimately, it is the responsibility of each individual to ensure that they play their part in preserving the environment for others through the responsible disposal of their litter, including in relation to dog fouling.
