Vol. 505 No. 6
15 Mr. Dukes asked the Minister for the Environment and Local Government the provisions, if any, in force to govern the disposal of batteries; the number of local authorities which have schemes in place to monitor the enforcement of these provisions; and if he will make a statement on the matter. [14444/99]
The holding, recovery or disposal of waste is subject to a general duty of care under section 32 of the Waste Management Act, 1996, in a manner which does not cause environmental pollution. Local authorities are empowered under section 33 of the Act to collect or arrange for the collection of waste, other than household waste.
Three categories of waste batteries are defined as hazardous waste under the 1996 Act, namely, lead acid, nickel cadmium and mercury dry cell batteries. The recovery or disposal of hazardous waste is licensable by the EPA under the Waste Management (Licensing) Regulations, 1997, as amended. Existing recovery facilities, which have been subject to a permit system under the local authorities under the European Communities (Waste) Regulations, 1982, will be licensable by the EPA from 1 October 1999.
Under the Waste Management (Permit) Regulations, 1998, specified waste activities may be exempt from waste licensing so long as certain conditions are complied with. These include a requirement that such activity is carried on in accordance with a waste permit granted by the relevant local authority. The recovery of batteries containing mercury is one of the activities which may be subject to a local authority waste permit in lieu of a waste licence granted by the EPA. I have no function in relation to the enforcement of the licensing regulations or the implementation of the permit system operated by local authorities. The EPA is currently drafting a national hazardous waste management plan which will make recommendations for hazardous waste management and it is anticipated that this will include recommendations to local authorities regarding collection and reception systems for waste batteries.
A programme for the management of waste batteries was published by my Department in 1997, in compliance with the requirements of Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances.
Given that the Waste Management Act was enacted in 1996 why will we not have a mandatory regulatory system until 1 October 1999? What is the reason for this delay?
Is the Minister of State aware that persons operating in the market who are endeavouring to observe the conditions set down in the Act and in the regulations which the Minister of State said will be implemented from 1 October 1999, are being undercut by pirates who have no regard for the conditions for the disposal of batteries? Given that Ireland put its name to these directives how can the Minister of State tell the House that he has no function in this regard? Surely it is the Government's duty to ensure that local authorities fulfil their role of overseeing the day-to-day implementation of these regulations and this legislation?
Part IV of the Waste Management Act, 1996, provides for the holding, collection and movement of waste. Part V of that Act provides for the recovery and disposal of waste. The Waste Management (Licensing) Regulations, 1997, provide for the operation and enforcement by the EPA of a system of waste licensing. The Waste Management (Permit) Regulations, 1998, provide for local authority permits for a range of activities, including those involving the recovery of waste containing mercury.
The European Communities (Waste) Regulations, 1979, provide for the operation and enforcement by local authorities of a permit system which applies to persons treating, tipping or storing waste. The Waste Management (Hazardous Waste) Regulations, 1998, prohibit the marketing of certain types of batteries and provide for the marking of batteries.
Under the Waste Management Act, 1996, I have no responsibility for the operation of the licensing systems by local authorities. We agree with the Deputy's comments about giving more power to local authorities and the Minister has gone down this road. The new local government Bill will give greater powers to local authorities but we cannot have it both ways. There must be a balance. The Government does not have responsibility for policing local authorities. We will have an opportunity to address this issue later in the year.
I disregard the last part of the Minister of State's reply as a smokescreen. The Minister of State mentioned an impressive list of regulations and legislation. However, why will this list not produce a result which will be mandatory on local authorities until 1 October 1999? Given that the Minister of State has finally admitted that the Government has a duty to police the operation of these measures, what does it intend to do which has not been done to date to police their implementation?
The Minister of State may have no responsibility for the day to day operation but I am delighted that he has finally admitted that the Government has a duty to police these measures. What has it been doing to police the measures since the Waste Management Act was passed in 1996?
The Deputy may have misunderstood me – I said the Government does not have responsibility in this area. The national hazardous waste managment plan will be published this month and will provide an opportunity for consultation so that we can deal with these issues. The EPA is preparing the plan—
We must move on to Question No. 16.
What policing is the Government doing?
The Deputy cannot have it both ways. The Deputy was a member of the Government which brought in the legislation.
The Government is doing no policing. The Minister of State could not give a damn.
We must move on to Question No. 16.
