Phil Hogan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

Enforcement action against illegal waste activity is a matter for the local authorities and the Office of Environmental Enforcement, OEE, of the Environmental Protection Agency, EPA. The Minister's role is to provide the legislative and policy framework under which both local authority and EPA enforcement action against illegal dumping is initiated.

My Department provides financial support to a network of local authority waste enforcement officers, as well as to the OEE, for waste enforcement activities generally. In 2014, a provision of €6.9 million has been made to support the work of the enforcement network, while €2 million has been allocated to support the work of the OEE. Each local authority is required to set out an annual programme of action, detailing the enforcement activities towards which this funding will be utilised. Typically, such programmes also include actions to tackle illegal dumping.

Penalties for littering offences are substantial, ranging from an on-the-spot fine of €150 to a maximum fine of €3,000 on summary conviction, and a maximum fine of €130,000 on conviction on indictment. The maximum fines for continuing offences are €600 per day for summary offences and €10,000 per day for indictable offences. A person convicted of a litter offence may also be required by the court to pay the local authority’s costs and expenses in investigating the offence and bringing the prosecution.

Penalties for serious dumping offences provided for under the Waste Management Acts are also substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal of waste are liable to a maximum fine of €3,000 on summary conviction and/or imprisonment for up to 12 months, and to a maximum fine of €15 million on conviction on indictment and-or imprisonment for up to ten years. In addition, my Department is currently preparing legislative proposals to provide for the introduction of a specific on-the-spot fine for incidences of fly-tipping or small-scale illegal dumping, to which the Deputy's question referred.

Consideration is also being given to additional measures arising from the work of a group led by my Department, to examine current approaches to enforcement, including in relation to the provision in the Government’s waste policy launched in 2012, under which all householders are obliged to demonstrate that they are availing of an authorised waste collection service, or are otherwise managing their waste in an environmentally acceptable manner.

Raising awareness of the litter problem and educating people are key to effecting a long-term change in society’s attitudes towards litter disposal. Ultimately, however, it is the responsibility of each individual to ensure that they play their part in preserving the environment for others through the responsible disposal of their waste.

See this speech in context