Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I thank the Deputy for raising this issue. I have the photographs here that the Deputy sent to my office during the week. They are quite shocking in terms of the appalling levels of dumping in which people are engaging. Illegal dumping is an attack on our society, our communities and our pristine landscape and there should be zero tolerance for that type of behaviour. The fines are quite significant for those found to be responsible for the unauthorised disposal of waste. There is a maximum fine of €5,000 on summary conviction and-or imprisonment for up to 12 months, with a maximum fine of €15 million in the Circuit Court on conviction on indictment and-or imprisonment for up to ten years for more serious breaches.

The Deputy raised the issue of the use of CCTV data. As he knows, the Data Protection Commissioner provides guidance concerning statutory obligations placed on those who use CCTV systems to collect personal data and the rights of and redress mechanisms available to individuals whose personal data are collected by such means. My understanding is the Data Protection Commissioner has written to the Minister for Environment, Climate and Communications concerning data protection issues with the use of CCTV cameras for litter and waste enforcement purposes. Apparently, it is the view of the Data Protection Commissioner that although the Litter Pollution Acts and the Waste Management Act provide councils with powers to prevent, investigate, detect and prosecute littering and dumping offences, the Acts do not provide for processing of images of members of the public using CCTV footage. This advice is currently being considered by the Minister, Deputy Eamon Ryan, and his Department and is subject to legal consideration and advice.

In my view, privacy rights should not apply to people who are dumping illegally and if legislation is required to correct this, then it will be brought about urgently. I spoke to the Minister this morning. I understand the need for privacy and for property rights to be protected. On the other hand, we can overdo this. I think CCTV should be used to catch illegal dumpers and to prosecute them, and there should be no issue around that. In my view, most people applying a bit of common sense would say that is obviously what should happen because we all know the wanton dumping going on, which is shocking and needs to be stamped out. CCTV evidence should be available to be used in evidence against people who are doing this on a consistent basis, as the Deputy said.

If legislation has to be brought in, it should be brought in very urgently. I know the Minister's Department is looking to get legal advice in this regard but it is unsatisfactory that such a situation arises and that, essentially, councils are hamstrung and not in a position to pursue people who are flagrantly abusing the law.

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