Alan Kelly (Tipperary North, Labour) | Oireachtas source

I move amendment No. 11:

In page 25, between lines 33 and 34, to insert the following:“Amendment of section 10 of Act of 1996

33. Section 10 of the Act of 1996 is amended by—

(a) in subsection (1)(a), the substitution of “class A fine” for “fine not exceeding €3,000”, and

(b) in section 10(2)—

(i) the insertion of “34(1)(c), in so far as the offence consists of contravention of a condition attached, under section 34(7)(d), to a waste collection permit,

34(10A), 34A(13)” after “33(8)”, and

(ii) the substitution of “class A fine” for “fine not exceeding €3,000”.”.

Amendments Nos. 11 and 12 are related to enforcement and the strengthened enforcement regime that will apply to collectors under the new regulatory framework for the collection of household waste. Amendment No. 11 inserts a new section 33 into the Bill. This section provides for the amendment of section 10 of the Waste Management Act, 1996 to bring it into accord with the Fines Act, 2010. It also designates proposed offences by collectors, punishable by fixed payment notice, and an offence of providing misleading, false information as non-indictable offences.

Amendment No. 12 inserts a new section 34 which, in turn, provides for the insertion of a new section 10B into the Waste Management Act to provide for the introduction of a number of fixed payment notices or on-the-spot fines for household waste collectors where they commit certain offences that constitute a breach of specified conditions of a permit. Examples of permit breaches that would attract new fixed payment notices include a failure to carry a copy of the relevant waste collection permit in a waste collection truck, a failure to display a permit number on a collection truck, and deposition of waste at a facility other than the facility named on the collection permit. The fixed payment notice is to be set at €500. As with other fixed payment notice arrangements beyond the legislation, if the person chooses not to pay the fine, the local authority can initiate a formal prosecution for the offence.

The fixed payment notice is being used on the basis that the punishment for a minor offence of a €500 fine should be swift and proportionate and should not require a court case which takes up valuable local authority enforcement and court resources. Other more serious breaches are not suitable for fixed payment notices and will remain indictable. For example, where a collector breaches a condition relating to the requirement to operate a pay by weight system, its permit will automatically fall for review with the possibility of revocation.

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