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Seanad Éireann díospóireacht -
Wednesday, 2 Jun 2010

Vol. 203 No. 3

Waste Disposal

Cuirim fáilte roimh an Aire Stáit. This Adjournment matter is self-explanatory and arises from a "Prime Time Investigates" television programme that was broadcast some weeks ago and to which I referred in the House on the Order of Business the following day. I reiterate my admiration for and compliments to the programme makers and again note that this programme was yet another fine example of public service broadcasting in the finest tradition of that genre. The programme dealt with what is becoming an increasingly difficult problem. While I have focused my request on establishing the nature and extent of the problem and on what efforts are being made to resolve it among the State forests, there is a much wider issue in this regard. According to the aforementioned programme, it is estimated that approximately 4 million tyres are produced in this country and that the number of worn tyres now available for recycling runs into millions. I emphasise there are a licensed operators which ensure worn tyres are sent for recycling. However, rogue operators are operating without local licences. In some instances, they con people into believing they have licences, collect their worn tyres from various depots and then dump them. In this instance and for the purposes of this Adjournment debate, they dump them in State forests.

While State forests make a major contribution to the economy by virtue of their original purpose, they also have widened their mandate in recent decades in that Coillte now is integrated into the wider area of tourism. It works with Fáilte Ireland and other tourism and local authorities by providing walkways. In my native county of Leitrim, Glencar waterfall, which is deemed to be an iconic attraction in the north west, is developing greater and better access with the financial support of Leitrim County Council, Fáilte Ireland and Coillte. Consequently, this is not simply an important question on the illegal dumping of worn tyres but also pertains to the adverse impact this is having on the countryside and, in particular, on the image it portrays to visitors to State forests, which in all their glory should not be obliged to contend with such despoiling of the environment.

I understand from the aforementioned programme that the amount of money required to remove the tyres that have been dumped illegally runs into hundreds of millions of euro, which is quite unacceptable. Will the Minister of State outline the extent of the problem and how it is being addressed? How may the various local councils be encouraged to take a more proactive approach to ensure they track down and prosecute these illegal operators? The irony in all of this is that all tyres are recyclable and, therefore, there should be no problem in this regard. Consequently, there is an onus on the State agencies, the Department of the Environment, Heritage and Local Government and local authorities to wipe out this insidious activity that is despoiling the countryside.

I will be taking this Adjournment matter on behalf of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Gormley, and I thank Senator Mooney for raising this issue. The environmental management of waste tyres was highlighted in a recent "Prime Time Investigates" programme and, at the time, the Minister, Deputy Gormley, expressed his concerns regarding the particular cases highlighted. He also asked the office of environmental enforcement within the Environmental Protection Agency to prepare an urgent report on the issues arising.

Ireland's enforcement regime in the waste sector has been strengthened considerably in recent years in respect of powers, structures and resources. Significant progress has been made by the relevant statutory agencies in dealing with illegal waste activity. In particular, since the establishment of the office of environmental enforcement in 2003, enforcement has been better structured through the establishment of a national enforcement network. The office of environmental enforcement and the enforcement network have greatly raised awareness and brought about better practice and a more co-ordinated and consistent approach to environmental enforcement by the relevant authorities. The latest statistics from the Environmental Protection Agency confirm a significant level of enforcement, with local authorities alone carrying out in excess of 33,000 waste inspections in 2008. The Minister is committed to ensuring an adequate enforcement response to illegal waste activity and in this regard has provided continuing support from the environment fund towards enforcement staffing costs. More than €7.5 million has been utilised to support approximately 120 additional local authority enforcement personnel and a greatly enhanced response on the ground.

Two ministerial policy directions also have been issued, in May 2005 and July 2008, respectively, providing guidance where illegal deposition is discovered. The policy direction issued in 2005 sets the standard in terms of the expected response from the regulatory authorities which are obliged to ensure the necessary remedial measures will be taken in order that sites are restored and waste illegally deposited is appropriately disposed of or recovered. The 2008 direction deals with the use of sanctions to ensure effective actions against those involved in unauthorised waste activities.

The system in place for dealing with waste tyres has been largely conceived and designed by economic operators in the tyre industry itself on an assurance that it would deliver the required results. On this basis, two collective compliance schemes, Tyre Recovery Activity Compliance Scheme Limited and Tyre Waste Management Limited operate as approved bodies under the regulations. While giving these schemes a reasonable chance, the Minister is not prepared to tolerate a system that does not work effectively and is open to abuse. He has, therefore, asked his Department to engage urgently with tyre industry stakeholders to review the situation, and a meeting in this regard was held on 20 May 2010. The industry was instructed to revert to the Department by mid-July with a joint working proposal from all stakeholders with actions, targets, key performance indicators and a guarantee that the industry can implement an effective tracking system. The industry is aware that the Minister will consider introducing a full producer responsibility initiative if the situation does not improve.

I thank the Minister of State for the reply, the essence of which is contained in the last two paragraphs. It is evident from the television programme that the Minister does not accept that the self-regulation introduced is working effectively. I am glad he has had this meeting. I seek assurances that he will proceed in the short term if there is not a positive response from the industry, which I do not believe will be the case. I believe he will have to bring enforcement regulations or legislation into the Houses of the Oireachtas because it has been proven that the self-regulatory scheme is not working. One of the people involved in the scheme interviewed on the television programme, of whom the Minister will be aware, was a member of the regulation committee and when the chief executive officer of one of the committees was asked a direct question, namely, what was his function, he had to stop the cameras rolling because he could not answer. I hope the Minister of State will convey this comment to the Minister that he should move urgently and not wait for the industry, which has clearly failed in its obligations, and introduce the necessary legislation.

I will certainly do that.

The Seanad adjourned at 9.35 p.m. until 10.30 a.m. on Thursday, 3 June 2010.
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