Vol. 501 No. 4
6 Mr. Dukes asked the Minister for the Environment and Local Government the assessment, if any, he has carried out of the enforcement by local authorities of the Waste Management (Packaging) Regulations, 1997; if so, the results of the assessment; and if he will make a statement on the matter. [6348/99]
116 Mr. E. Ryan asked the Minister for the Environment and Local Government the monitoring, if any, his Department carried out of local authorities' enforcement of the Waste Packaging (Management) Regulations, 1997. [6384/99]
117 Mr. E. Ryan asked the Minister for the Environment and Local Government the steps, if any, being taken to ensure that the regulations for recovery and recycling of packaging waste are rigorously applied. [6397/99]
I propose to take Questions Nos. 6, 116 and 117 together.
Article 19 of the Waste Management (Packaging) Regulations, 1997 provides that each local authority is responsible for the enforcement of the regulations within its functional area, and requires authorities to take such steps as are necessary for this purpose. In addition to the general powers which are available to local authorities under the Waste Management Act, 1996, the 1997 regulations include a number of provisions specifically intended to facilitate the effective implementation and enforcement of the regulations.
In particular, a local authority may require a producer of packaging, other than one certified by an approved body, i.e. by Repak Limited, to furnish a "packaging report" or such other information as may be required in relation to compliance by that producer with any specified requirement of the regulations. Furthermore, in a prosecution for a failure to comply with the regulations, the onus is placed on a producer to satisfy the court that he is not a major producer.
I have no direct function in relation to the enforcement of the 1997 regulations by local authorities. Nevertheless, these regulations are designed to ensure that responsibility for recycling packaging waste is spread equitably among packaging producers, and I would be concerned that producers who are compliant members of the packaging waste recovery scheme operated by Repak Limited are not placed at a commercial disadvantage by free-riders who evade their obligations under the regulations. Accordingly, my Department has, where possible, endeavoured to facilitate the effective implementation and enforcement of the regulations by local authorities generally.
However, on the basis of the information available to my Department, a considerable improvement for the future in the performance of local authorities is required. I consider that many local authorities should devote more resources to the enforcement of the 1997 regulations and I am hopeful that a more high profile enforcement effort will be apparent in the very near future.
My question was whether the Minister has carried out any assessment of the enforcement. May I take it from the Minister's rather roundabout reply that the answer to that question is "no", that he has not carried out an assessment? Is the Minister aware that Repak Limited carried out a survey of the rate of compliance with these regulations last December? Is he aware that no companies have registered anywhere with any local authority? Is he aware that they have failed to do that although they are obliged to do so? Is he further aware that local authorities have done nothing to make any company anywhere in the country conform to any aspect of these regulations? Would he not agree that almost three years after the passage of the Act, and almost two years after the adoption of the regulations, that indicates a total abdication of his functions by the Minister and his Department?
The Deputy asked what local authorities were doing. The enforcement of the regulations is a matter for the local authorities, not the Minister. Nevertheless, I accept Deputy Dukes's point about lack of activity by local authorities. I am aware of the survey he mentioned. I am also aware that most of the information he has given is accurate. However, it is important to point out that local authorities did contact companies specified on a list provided by Repak Limited to ensure that they were registered either with Repak Limited or with the local authority. I have no direct responsibility for the enforcement of these regulations, but I am as concerned as the Deputy about the scheme. I accept the point he makes in regard to enforcement and the role of local authorities.
I and the Minister of State have had direct contact with local authorities and local authority management has stressed the importance of enforcement. As a result of the contacts we have made with local authorities and the assistance, including financial assistance, that we have given them, I am hopeful that performance in the coming year will be better than it was in the past two years. I do not deny what the Deputy said about performance.
Since the Minister is the tutelary authority here, has he any fears that sanctions might be applied to this country because of the non-performance of our obligations under EU directives in this matter? If there is such a danger, will he inform the local authorities that they in turn might be in danger of sanctions from him if they fail to meet their obligations under this Act?
We have made it clear to the local authorities what their responsibility is. Apart from reaching targets which have to be met under EU obligations, I am most concerned that companies that are compliant, that have joined Repak Limited, might decide to withdraw because the regulations are not being enforced. If we do not reach targets we will be penalised. I see the local government fund as a mechanism that could be used to penalise local authorities who do not fulfil obligations which have been imposed by Europe and by this House through legislation.
