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Dáil Éireann díospóireacht -
Thursday, 9 Nov 2000

Vol. 525 No. 4

Adjournment Debate. - Waste Management.

Go raibh maith agat as an seans a thabhairt dom an ceist thabhachtach sea a árdú, agus ba mhaith liom mo bhuíochas a ghabháil leis an Aire as teacht anseo chun é a fhreagairt.

The Minister will be aware that the EU Commission has seen fit to take legal action against Ireland on the basis of non-compliance with Directives 75/442/EEC, 91/689/EEC and 94/62/EEC, the latter being on packaging waste. I am surprised that action has not been taken on a number of others, including the batteries directive, 91/157/EEC, given that these batteries, which I have in my hand, these little time bombs, are not disposable anywhere except in a dump in most of Ireland, except in Leinster House where they are collected. However, that is not accessible to everybody in the country.

Nobody is saying the Minister's job is easy, but as Minister with responsibility for waste, it is critical for the well-being of people, environment and business here that we all get together and make the difference in reducing waste. The primary aim is to minimise waste, but we are increasing it by over 4% each year. That is the first failure and that goes right back to the Department.

The reality is that the Minister is operating, through the Waste Management Act, a policy of regional integrated planning. There is a role for regional planning, but I would suggest, as helpfully as I can, that the plan falls down in that it says in section 22(3) that two or more local authorities may, in lieu of each of them making a waste management plan, jointly make a plan. However, if each local authority does not have to make a plan, there is a temptation to pass the buck, and that is what is happening.

As a result we see articles like the one in Foinse entitled “Plean Dramhaíola caite sa bhruscar” agus tá neart altanna mar sin ar fud na h-áite na laethanta seo. I am serious and trying to be constructive and helpful in suggesting that we go back to this issue of local responsibility for waste, rather than leaving it to a region which results, for example, in a situation where areas in my constituency in Dublin North, which are currently flooded, are designated for the location of dumps or a single dump for the whole region. We must change our waste plan and our Waste Management Act.

The powers of the Minister are clearly stated in the Act, and they are wide-ranging. The include prohibiting, limiting or controlling waste, controlling its production or use, prohibiting the composition, production, importation, distribution, supply, sale, disposal or advertising of any product or substance, and even prohibiting the production of waste and requiring that packaging be designed, produced and used so as to be capable of being re-used. All those wonderful powers are being read by people who do not see it happening.

Companies like Wellman International in County Meath, the Minister's constituency, recycles 3.5 million PEP plastic bottles per day. They are not getting those PEP bottles from Ireland but from all around Europe and they are crying out for deposits to be put on those containers, as with many other containers. When Glanbia did away with its glass bottle bank, I did not hear the Minister protest or require that it comply with the relevant Act, which would have prohibited the closure of those plants and required glass bottles to be used more widely, as they are in Cork.

Many options and models are available to the Minister. I direct him to initially consider the zero waste strategies in Australia, New Zealand and Canada. The Guelph system operated in Canada is a wet-dry system where not only 60% or 70% of waste but all waste is brought to a wet-dry waste collection point. I have a cutting from Guelph in Canada, which states it is a dirty job but workers appear to enjoy themselves at the waste facility. Since 1995 it has successfully diverted more than 70%—

The Deputy's time is concluded.

There are many models available and rather than adopt a megaphone diplomacy approach in calling on local authorities and everyone else to do the necessary work, I ask the Minister to convene a national conference to discuss the specifics of the changes that need to be made and where responsibility for that should lie. That is everyone's business, but primarily is the Minister's responsibility to give leadership in this area.

The Minister is unable to be in the House this evening to respond to this matter and he has asked me to do so on his behalf.

Let me make it clear the Deputy's view misrepresents the position on the current EU legal proceedings against Ireland. There is in fact no suggestion of any failure on our part to tackle the waste issue, and any such suggestion would be unfounded, given the focus that this Government has brought to bear on this problem.

On a point of order, that is not correct. The European Commission has initiated court proceedings.

In December 1999, the European Commission initiated proceedings against Ireland before the European Court of Justice on the grounds that Ireland had failed to take all the measures necessary to comply with specified provisions of three related waste directives.

Under these directives member states are required to draw up one or more waste management plans addressing specified requirements, to draw up separately or in the framework of their general waste management plans, plans for the management of hazardous waste, and to include in waste management plans a specific chapter on the management of packaging and packaging waste.

These requirements are fully transposed into Irish legislation, by means of Part II of the Waste Management Act, 1996, and the Waste Management (Planning) Regulations, 1997. Under this legislation, local authorities are required to make, jointly or otherwise, waste management plans in regard to their functional areas, which respect the relevant requirements of the above directives, while the Environmental Protection Agency is required to make a national hazardous waste management plan.

To date, regional waste management plans have been adopted in respect of the Dublin and mid-west regions. Local authorities in the south east region, which have all adopted plans under the 1996 Act, are currently preparing a single regional plan. In the three other main regions, only five of the authorities involved have not yet adopted their regional waste plans. Nationally, 28 authorities have made plans under the 1996 Act, which satisfy European Union requirements, while six authorities currently have no such plan.

If the case brought by the Commission is upheld, Ireland will be required to take the necessary measures to comply with a judgment of the court, that is, ensure satisfactory completion of the planning process. Failure to do so within a specified time limit may result in the imposition on Ireland of a lump sum or penalty payment.

Therefore, the position is clear. Local authorities have a legal responsibility for waste management planning. It is imperative that the six outstanding local authorities discharge this responsibility and complete the current strategic planning process as soon as possible. Once they do so, the issue of the European Union fines does not arise.

In the first instance, we expect the four local authorities that have difficulties with their proposed regional plans to complete an effective planning process as soon as possible. In so doing, they should bear in mind the urgent need for a modern waste infrastructure, reflecting the waste hierarchy, to support continued economic development while protecting the environment. We have always emphasised, and will continue to place the highest priority, on the greater efficiencies and economies of scale that are inherent in the delivery of improved waste services and infrastructure on a regional basis.

If, after a short period, problems remain, the Minister will consider the various options open to him, including the use of powers immediately available under the 1996 Act, with a view to bringing this planning process to an early conclusion. These include power to prescribe a date by which waste plans must be made.

On a point of order, I want to correct the record. The reply states that the European Commission has initiated court proceedings.

It is not appropriate to raise a point of order at this point.

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