Dáil Éireann Debate, Tuesday - 3 July 2018
418. Deputy Micheál Martin asked the Minister for Communications, Climate Action and Environment his plans to introduce minimum fines for illegal dumping, particularly in cases in which waste companies are involved; and if he will make a statement on the matter. [28652/18]
View answerWaste legislation does not provide for minimum fines as the approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum.
Penalties under the Waste Management Act are already substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal of waste are liable to a maximum fine of €5,000 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.
There have been instances of individuals jailed for offences committed under the Waste Management Act and in 2015 the Environmental Protection Agency secured a record €20 million fine against a company for causing pollution at a former landfill in County Kildare.
My Department has previously issued a policy direction to local authorities which remains in force, instructing them to pursue illegal holders of waste in accordance with the maximum potential sanctions available under the law in order to maximise the deterrent factor and aim to eliminate the economic benefit deriving from such illegal activity.
At the recent launch of the anti-dumping awareness campaign for Connacht-Ulster, I stated that current financial penalties for littering were being increased from €150 to €250 and that legislation needed to be strengthened to deal with repeat offenders. I also highlighted a pilot project currently running in Sligo County Council, where the local authority is requesting customer Eircodes from waste collectors to ensure that people are disposing of their waste responsibly. It is my intention that this project would be rolled out nationally in due course and would be supported by necessary bye-laws requiring householders to retain their receipts as proof of how they are disposing of their waste.
