Noel Ahern (Dublin North West, Fianna Fail)

I am sorry this matter has arisen on the wrong day. I am sure that the Deputy would rather have had the Minister for the Environment, Heritage and Local Government, Deputy Roche, from his own constituency to answer him. However, I can read out to him the answer I have here.

Waste management enforcement action is a matter for the relevant local authority and the Office of Environmental Enforcement. The Waste Management Act 1996 empowers local authorities to require by notice specified measures to be taken regarding the holding, recovery or disposal of waste to prevent or limit environmental pollution. Under the Waste Management Act 1996, the Environmental Protection Agency has statutory responsibility for waste licensing and is independent in the discharge of its functions. It would therefore not be appropriate for me to comment on any of the specified cases mentioned. Having said that, I understand the Deputy's concerns that the enforcement proceeding should be progressed with a little more urgency. I am sure the Minister shares his concern.

On a more general level, the Minister is committed to issuing statutory guidance under section 60 of the Waste Management Act 1996, which the Deputy mentioned, to local authorities regarding the remediation of sites that have been the subject of unauthorised waste activities. The intention of that guidance is to give local authorities and the agency a clear focus on the protection of human health, the environment and the property of third parties in responding to illegal waste activities. The Minister intends to issue that guidance within the next few weeks. However, I stress that it will not deal with individual cases. Section 60 of the Waste Management Act 1996 precludes the Minister from exercising any power or control regarding the performance in particular circumstances of a function conferred on either the agency or a local authority.

Let me detail what is happening overall regarding illegal sites. Substantial powers exist under the Waste Management Act 1996 to enable both the local authorities and the agency to tackle illegal waste activity. They were further strengthened by the Protection of the Environment Act 2003. Local authorities are empowered to order measures to be taken regarding the disposal of waste, including the remediation of any effects arising from illegal activities. They may also directly take appropriate action to remedy or counteract such activities and to recover their costs through the courts. Local authorities also enjoy substantial powers to halt vehicles, inspect premises and examine records found. The burden of proof in certain enforcement activities has been changed, in light of the experience of illegal dumping, to require that defendants must demonstrate that their activities do not cause environmental pollution. The courts can assume in certain cases that a landowner consented to the illegal activity unless the contrary can be shown.

It should be noted that the maximum penalties attaching to illegal waste activities — €15 million and-or a ten-year sentence — are substantial. Over €7 million has been allocated from the environment fund to assist local authorities to act on such powers. The money is being used to support an increased emphasis on the overall environmental enforcement effort, with particular emphasis on combating dumping and other unauthorised waste activities. Wicklow County Council has received a grant of €360,000 to enable it to employ seven additional waste enforcement workers.

The Government has demonstrated the seriousness with which it views the incidence of illegal dumping. The Garda was asked to assist in the investigation of such activity in County Wicklow. A team from the national bureau of criminal investigation is involved in ongoing inquiries into such matters. On the civil side, Wicklow County Council is continuing to take the action it deems appropriate. Formal legal proceedings are being prepared in several instances. I am sure the House will acknowledge that the measures being undertaken will greatly help local authorities in tackling the problem of illegal waste activity. They are a testament to the priority the Government attaches to this matter.

During a debate on housing earlier this week, Deputy Timmins referred to a housing estate in County Wicklow.

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