Alan Kelly (Tipperary North, Labour) | Oireachtas source

Deputy Catherine Murphy raised a very serious issue of which I am well aware. It is in the Deputy's own neck of the woods. That was a serious issue which is being dealt with. There is a learning opportunity from that and other issues. This is all the more reason to introduce this legislation. We might argue about individual components but in the broad strokes I would expect the majority of people to be in favour of the legislation.

The waste industry needs to mature and it needs to accept its responsibilities. I refer to the fly-by-night operators, the people not being responsible in the industry and the people who probably should not be in that industry or are behaving in a manner that shows they should not be in that industry. Those days are over. I have taken a very tough line with that industry because it was necessary to do so from what I have received. The industry did not live up to what was expected of it and the standards it was meant to maintain. I put the industry on very high alert that if they did not step up to the mark - I am still saying this publicly - that I will look at changing the system under which they work. That option is open to me. I will look at the issue of how permits are given and I will look at a lot more aspects as well.

This legislation is very necessary. It will bring a level of maturity to the industry and it will ensure that we move in a direction whereby those who have invested in performing satisfactorily in the industry will be able to do so and those who do not will simply have to exit. From a regulatory point of view we thought it important to ensure greater oversight as a result of many of the issues which are familiar to Members. We are putting in place regional authorities across the local authorities. There will be three regional authorities which will have oversight of enforcement.

Deputy Stanley asked a specific question for which I compliment him as it is a good question. He asked where the money that is collected goes. It goes straight back into enforcement to ensure that we have greater enforcement. It is all very well having this legislation passed but there is a need for proper enforcement.

Deputy Catherine Murphy asked about the fixed fines and whether they will be lower.

They are not coming down; they are being brought in line with the Fines Act. It is as simple as that.

Deputy Ruth Coppinger asked about the distinction between the fixed payment fines of €500 and €3,000. By way of example, the €500 on-the-spot fine would be for not displaying proper identification or proper discs. They are similar offences that are minor in nature. The €3,000 fine applies to other offences such as if an operator is not adhering to anything included in the permit, for example, if it does not have a customer charter in place or is not adhering to the charging structure under the permit and similar offences. We already have comprehensive legislation covering this area. Obviously, we have powers to deal with people who commit these offences. On indictment we have the capacity to fine offenders up to €15 million and anything in between. Therefore, we have the capacity to deal with them.

I have said publicly that there are many problems with this industry and that it needs to mature to a level that has not previously been seen. I firmly believe those who behave in an unacceptable manner should be dealt with. My desire is to ensure enforcement is at a level to ensure that will happen. That is why we are introducing this suite of legislation on waste.

See this speech in context