Ivor Callely (Dublin North Central, Fianna Fail)

I thank the Deputy for giving me the opportunity to address this matter on behalf of the Minister for the Environment, Heritage and Local Government, Deputy Roche. This is a particular issue in the Ringsend area where I witnessed in passing the black cloud of smoke.

The Minister and I share the concerns of the Deputy about the reported growth of the practice of burning waste. Data from the Environmental Protection Agency show that backyard burning of domestic waste is responsible for over 40% of all dioxin emissions in Ireland. It is our view that the best way to tackle this is to develop awareness of the environment and health consequences, while also ensuring that there is a strong and effective regulatory regime in place.

There has been a very successful Race Against Waste campaign and a series of leaflets dealing with different strands of waste management have been published. The feedback to date has been extremely positive and is backed up by exceptional demand. Copies have been forwarded to each Member of the House. One of the leaflets deals specifically with the issue of backyard burning and makes it clear in no uncertain terms the environmental consequences of this waste management approach.

Turning to the current regulatory regime, under the Air Pollution Act 1987 the occupier of any premises, other than a private dwelling, is required to use the best practicable means to limit and, if possible, prevent an emission of a pollutant into the atmosphere from such premises. In addition, the occupier of any premises is prohibited from causing or permitting an emission in such a quantity or manner as to be a nuisance. Deputy Gormley referred to a particular area where there are recurring difficulties and problems. The Act empowers a local authority to serve a notice on the occupier of any premises from which there is an emission and specifies the measures necessary to prevent or limit air pollution.

The Waste Management Act 1996 also places a general duty on the holder of waste not to hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. Local authorities have specific powers under the Act to require measures to be taken to prevent or limit environmental pollution caused by the holding or disposal of waste, and mitigate or remedy the effects on the environment of any such activity. In addition, the Fire Services Act 1981 provides that a fire authority may serve a fire safety notice on the owner or occupier of land on which waste is being stored.

Under the Local Government Act 1994 it is open to a local authority to make by-laws in the interests of the common good of the local community so that any activity may be regulated or controlled. The Minister would urge local authorities to use these powers to tackle this unacceptable and potentially dangerous activity. In this regard, I suggest Deputy Gormley arrange a meeting with the local authority in his area and question it on the aspects of the information I have given him tonight. He should bring these powers to the authority's attention, although it should be fully au fait with them. It should then work out a management plan as to how best to tackle the recurring issue about which he has spoken. The Minister would be happy to hear from the Deputy the progress made in this regard.

I again thank the Deputy for affording me the opportunity to address the House on this matter. I understand the Minister is satisfied that in terms of educational and awareness initiatives we are moving in the right direction. With the substantial legal avenues available to the local authorities, the Minister is confident that the appropriate powers are in place to ensure that this practice will no longer be seen as acceptable nor as something that will be ignored.

If I am thinking of the same group of people being involved in the practice as those about whom the Deputy is so deeply concerned, he will accept that local authorities have had great difficulty in serving the appropriate notices and addressing the issue. If, however, we work out an appropriate plan, we should be able to adequately address the issue of concern.

See this speech in context