Dáil Éireann Debate, Wednesday - 12 July 2017
361. Deputy Catherine Murphy asked the Minister for Communications, Climate Action and Environment the steps that have been taken to ensure that robust controls are in place in order that only fit and proper persons and companies are allowed to hold waste permits and that appropriate corporate governance arrangements are implemented as promised in A Resource Opportunity; and if he will make a statement on the matter. [33159/17]
View answerThe regulatory regime around waste collection has been significantly strengthened since the publication of A Resource Opportunity and robust controls to ensure that only “fit and proper” individuals and companies are allowed to hold waste collection permits have been put in place. Section 34D of the Waste Management Act, 1996, as inserted by the Environment (Miscellaneous Provisions) Act, 2015, sets out the 'fit and proper person' test in primary legislation and was commenced on 31 August, 2015. In brief, Section 34D of Waste Management Act, 1996, stipulates, inter alia, that a person is not fit and proper to hold a waste collection permit if she or he:
- has been convicted of offences set out in Section 34D(a) of the Waste Management Act, 1996;
- has had a permit revoked under Section 34A of the Waste Management Act, 1996, save where such a permit was surrendered;
- has had a Court Order made against them under Section 57 or 58 of the Waste Management Act, 1996;
- does not have the requisite technical knowledge or qualifications to carry on the activity in accordance with the requirements of the Waste Management Act, 1996 and the conditions of the waste collection permit; or
- is not in a position to meet financial commitments or liabilities that will be entered into or incurred to which the waste collection permit relates.
