James Bannon (Fine Gael)

I thank the Minister for the Environment, Heritage and Local Government, Deputy Roche, for attending the House and taking this motion regarding the EU directive on the restriction of hazardous substances in electrical equipment. It has annoyed me for quite some time. It is known as the directive on waste electrical and electronic equipment, which is known as the WEEE directive, an unusual name, but it has serious consequences regarding the recycling of electronic waste, with particular reference to the position of electronic retail outlets and computer companies.

The proposed statutory instrument, the draft waste management regulation 2005, highlights the storage of such waste and raises a worry for small retailers and computer companies regarding their role in such proposals. If, as those retailers believe, they will be expected to turn their premises into mini-civic amenities to take back fridges, washing machines, small appliances and batteries, their position would be unsustainable.

Fridges are one of the largest, most unwieldy and space-filling electrical appliances. They contain a great many gases that are very dangerous to the environment. The EU code regarding fridges as hazardous waste is 16/02/11. For retailers to act as storage or transfer stations for this waste would require an EPA waste management licence and a special bonded area for the storage of hazardous waste. The cost of such insurance would cripple any small business and I have spoken to owners of businesses who are extremely concerned about this. They would also be obliged to seek planning permission for the change of use and the handling and storage of this type of waste.

Under the current draft regulations, the retailers could become responsible for the movement of the waste from their shops to a civic amenity site. It is not possible for them to move the waste from their shops, which are covered under the waste collection permit regulation. It would also be necessary to seek a permit for the transportation of this to a civic amenity site. Who would be responsible for the delivery of waste to such a site? This might require public and employers' liability insurance but we all know that insurance costs a fortune. A vehicle necessary to transport the waste would require hazardous waste and chemical insurance. The cost of such insurance would be at least six times the rate of the normal insurance. The Minister is well aware of the cost of insurance for dealing with hazardous waste.

Small traders are under enough financial pressure as they have had to deal with competition from the UK, while margins are being reduced and costs are increasing. I know this from talking to friends in the business. The greatest cause for concern among electrical and computer retailers is that there has been no consultation with them on who is ultimately responsible for hazardous waste. Suppliers have set up WEEE Ireland and expect retailers to carry the cost of collecting their waste. In their opinion, the responsibility lies with the producer and it is very unrealistic to leave the retailer as the donkey in the middle and expect him or her to carry the cost of tidying up the producer's mess.

I ask the Minister to give an assurance that the small retailer will not be expected to carry the can, following the enactment of legislation on electronic and electrical waste. This is a simple and logical request and I hope he can provide clarification on the matter. I understand that the British Government has postponed legislation as it wishes to see which way the rest of Europe will jump on this directive.