Dáil Éireann díospóireacht -
Wednesday, 19 Nov 2003

Vol. 574 No. 5

Written Answers. - Waste Management.

Ciarán Cuffe

Ceist:

247 Mr. Cuffe asked the Minister for the Environment Heritage and Local Government if he has confidence in the administration of the waste management system here in view of the widespread concerns regarding the illegal and unauthorised dumping of waste nationally. [27763/03]

Minister for the Environment, Heritage and Local Government (Mr. Cullen)

There can be no excuse for illegal dumping activities and no effort must be spared in ensuring that our waste is managed in an environmentally appropriate manner. In this regard, all sectors of society, business, households, the waste industry and the government at central and local levels, have responsibilities and must play their part.

I have clearly recognised, on many occasions, the importance of ensuring that the Governmental system plays its part, particularly in terms of achieving more vigorous enforcement of the waste code and I have already introduced a number of significant initiatives in this area.

The Protection of the Environment Act 2003 provides for a range of strengthened waste-related enforcement provisions including significant increases in the fines for offences, up to a maximum of €15 million for conviction on indictment; reversal of the burden of proof in certain cases so that it will be up to the defendant to prove that an activity did not cause environmental pollution; a new provision through which landowners can, by virtue of certain factors, be deemed to be complicit in illegal dumping activities on their lands, unless the contrary can be proved; strengthening of the powers of, authorised persons, under the Waste Management Acts in relation to the stopping, inspection and detention of vehicles and the empowerment of the Garda Commissioner to appoint members of the Garda Síochána to be, authorised persons, ensuring that the powers under the Acts can be made available, speedily, to individual gardaí where necessary; extension to the EPA of certain powers available to local authorities in relation to the serving of notices and carrying out of remedial works – recovering the costs from the relevant parties, specific power for the High Court, when making orders in cases brought before it, to include, in orders for costs, provision for the recoupment of the costs incurred by the EPA in carrying out inspections, undertaking analyses, etc.; recognition, in law, of more modern and effective methods for the taking of samples and recording of evidence – video recording, tape recordings, etc.

In addition, I recently announced the provision of €7 million to local authorities to support the first year of a major five-year programme of law enforcement in relation to waste activities, with further funding, on a sliding scale, promised for the subsequent four years. The priority is to ensure that there is a visibly heightened local authority enforcement presence on the ground and, to that end, the programmes of enforcement activities to be undertaken by local authorities will include checking of authorised waste facilities to ensure compliance with permits, responding to complaints of illegal dumping and monitoring of waste movements to ensure compliance with the collection permit regime.

I also recently announced the establishment of a new Office of Environmental Enforcement. The establishment of the new office concentrates the focus for environmental enforcement by putting in place a dedicated, professional and fully resourced team with extensive powers. Located within the Environmental Protection Agency, the office will have a broad remit in relation to the enforcement of environmental legislation, both directly and through local authorities, but its initial activities will see it focusing particularly on the waste area.

As a result of these measures, I believe we will be much better placed to ensure that waste management requirements are enforced effectively.