Dáil Éireann Debate, Wednesday - 28 November 2018
232. Deputy Noel Grealish asked the Minister for Communications, Climate Action and Environment if he will introduce legislation that would result in driving disqualifications for persons convicted of illegal dumping while using a vehicle; and if he will introduce legislation that will give judges the power to order the confiscation of vehicles used for illegal dumping; and if he will make a statement on the matter. [49759/18]
Amharc ar fhreagraIn respect of the confiscation of vehicles used for illegal dumping, there is scope under current waste 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.
Under Section 14 of the Waste Management 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. This power covers:
- The establishment of roadblocks on the public road;
- The questioning of drivers about the vehicle and its contents;
- The seizure of the vehicle when stopped at a roadblock;
- The taking of a vehicle found on an unauthorised waste site; and
- The detention of the vehicle.
The halting and taking of the vehicle is required to relate to any purpose connected with the Act. Hence, the authorised person must have a reason which stems from the requirements of the Act itself and the vehicle can be detained for as long as is necessary to fulfil the purpose under which it was seized.
Section 61 of the Waste Management Act concerns the detention and forfeiture of certain vehicles and equipment. The Section provides for the following:
- On application from a local authority or the EPA for a prosecution under the Act on indictment, a Judge may require a defendant to enter into a bond of an amount equal to the value of any vehicle or equipment owned by the defendant that it is alleged was used in the commission of the offence under the Act;
- In the event of a defendant failing to comply with such an order, a Judge may make further order authorising the local authority or the EPA to detain any vehicle or equipment pending the determination of the proceedings concerned;
- If a person is convicted on indictment for the offence the Court may order the forfeiture to the local authority or the EPA of any vehicle or equipment owned by the defendant that was used in the commission of the offence or the amount of the bond if applicable;
- A local authority or the Agency may deal with or dispose as it thinks fit of any such vehicle or equipment, or the amount of the bond if applicable.
The question of the introduction of driving disqualifications is within the remit of the Minister for Transport, Tourism and Sport.
