Mr. Sean Murray:

I have five points to make. Senator Leyden asked if Offaly was fit for purpose as the national waste collection office. The simple answer is that our view is that it is. We have ISO 9001 supporting that. Historically, collection permits were issued on a regional basis. That was in the first ten years of their existence. Offaly was the regional authority for the midlands region at the time. Those regional licences were in fact supra-regional anyway because they were semi-national licences. From 2001 to 2012, Offaly was the waste collection permit office for the midlands region. We became the national waste collection permit office, NWCPO, after that and we believe we are fit for purpose. As the NWCPO, we are clearly aware of the extent of our authority, the limit of our authority and our area of competence as they are all clearly prescribed and defined by law and regulation, which we apply. I can adduce for the attention of the committee at any stage the area on which we base our competent decisions.

Deputy Stanley asked how we assessed technical knowledge. We have a complex way to assess technical knowledge, but in simple terms an applicant has to demonstrate possession of a BSc in environmental science, a masters degree in environmental science, a certificate from a waste collection training programme and so on. We have a very rigorous examination of the technical qualifications of anyone who comes to us as a permit applicant.

I refer to the next question in general terms as this is going through the process in all local authorities, not just Offaly. By-laws for the separate waste collection processes are going through local authorities across the State at the moment. I am sure Mr. Neely will confirm that in the case of Donegal. We have initiated the by-law process, which is a legal process to be taken step by step. Among other things, it will include a requirement to provide evidence of how waste will be disposed of. That has been dealt with adequately.

Deputy Eamon Ryan talked about fly-tipping and whether prosecutions in that regard were cost effective. The simple answer is that they are not. Prosecutions cost us money. Notwithstanding that, I confirm that Offaly County Council prosecutes without exception in all cases of breaches of waste legislation where we can produce and adduce proof to the appropriate authority.

Finally, I make a general comment on the following without going into any detail due to the fact that a case is before the High Court. I will make no reference to it except to note that it is not very complex. I support what Mr. O'Leary said on behalf of the EPA and what Mr. Neely said on behalf of Donegal. We have already had three full days of hearing in the High Court but we are not finished. That is what is required when we get into court. It is a complex arena and prosecutions are difficult to effect.