Phil Hogan (Carlow-Kilkenny, Fine Gael)

I thank Deputy Lynch for raising the issue of litter pollution, a matter in which I also have a very keen interest. The Litter Pollution Acts 1997 to 2009 provide the statutory framework to combat litter effectively. Under the Acts, the primary management and enforcement response to littering must come from the local authorities. The role of my Department is to provide the legislative framework and, within the prevailing funding constraints, to provide some limited financial support to local authorities for their enforcement efforts. As independent statutory bodies with democratically elected councils and their own management system, it is a matter for each local authority to determine the most appropriate course of action, within the legislation provided, to tackle issues of this nature in their own local areas.

Regarding litter on private property, under section 6 of the Litter Pollution Act 1997, it is an offence to allow the build-up of litter on a property that is visible from a public place. Furthermore, if it considers that precautionary measures are required to prevent the creation of litter in its functional area, a local authority may, under section 9 of the Litter Pollution Act, serve a notice on the person concerned requiring the removal of the litter to which the contravention relates or take such other precautionary measures specified in the notice as the local authority considers necessary.

While I am aware of the difficulties that can be caused by the accumulation out of sight of the public of large quantities of litter, an amendment such as that suggested may be deemed unconstitutional as, in the absence of a visible litter problem justifying an intervention, it may be viewed as infringing on a citizen's right to privacy. There are, however, other means to address the issue where it manifests itself in problems other than visible litter. The build-up of significant levels of refuse in the manner outlined by the Deputy would most likely lead to vermin problems. Under the Rats and Mice Destruction Act 1919 - and this is a new one for me - rodent control is the responsibility of the occupier of a premises.

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