Issues concerning the enforcement of waste legislation are statutory matters for local authorities or the Environmental Protection Agency (EPA) as appropriate, both of whom have significant powers available to them to secure compliance from waste collectors. My colleague, the Minister for Communications, Climate Action and Environment, Mr Denis Naughten, T.D., is responsible for providing a comprehensive legislative and waste policy framework through which the waste enforcement authorities operate.
I am advised that under Section 60(3) of the Waste Management Act 1996 (the Act), the Minister for Communications, Climate Action and Environment is precluded from exercising any power or control in relation to the performance by the EPA or a local authority, in particular circumstances, of a statutory function vested in it. I am further advised that, under Section 14 of the Act, an authorised person is allowed to halt and/or board a vehicle. Such a vehicle can be taken either by the original driver or by a driver employed by the enforcing authority to a designated place and be detained there. The halting and taking of the vehicle is required to relate to any purpose connected with the Act and the vehicle can be detained for as long as is necessary to fulfil the purpose under which it was seized. Furthermore, Section 61 of the Act provides for the detention and forfeiture of certain vehicles and equipment.
In summary, there is scope under current waste management legislation to seize vehicles involved in the carrying out of suspected unlawful waste activity and, in the event of a successful prosecution, to have such vehicles or equipment disposed of as the competent authority sees fit.
I am advised by my colleague, Minister Naughten, that his Department will be writing to local authorities, reminding them of the powers available to them under the Waste Management Act as outlined above and advising them that these powers should be fully exercised as a matter of policy and as part of the coordinated series of measures which have been introduced to tackle illegal dumping and the unauthorised movement of waste.
As regards the parts of the Deputy's question that relate to An Garda Síochána, I hope the Deputy will appreciate that these are operational matters for An Garda Síochána, in which I have no role as Minister. However, to be of assistance, I have requested a report from An Garda Síochána in relation to the information sought by the Deputy and I will be in contact with the Deputy directly on receipt of this report.
