Seanad debates

Tuesday, 26 July 2011

Environment (Miscellaneous Provisions) Bill 2011 [Dáil] : Committee and Remaining Stages

 

6:00 pm

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)

I have the greatest of respect for local elected representatives and believe they are very intelligent people who are able to make informed decisions. If they did not receive the information required, I am sure they asked for it. I am sure they had all the information they needed to make their decision.

I agree with the Senator that it was not acceptable for councillors' powers regarding waste management plans to be taken away by former Minister Martin Cullen. It was done because councillors would not take responsibility. One can give power to people, but they must accept responsibility when entrusted with it to deal effectively with issues in an open and accountable way and to make decisions for the overall good of their county and community. That did not always happen and that is why I am sure the former Minister decided to remove the power at the time. I am prepared to consider restoring as much power as possible to local elected members in the context of local government reform and devolving as many functions as possible to local government. I am sure there is a significant number of recommendations on these matters in studies carried out by the Department during the years that have never been implemented. However, I hope this will change in the near future.

The first aspect of the amendment proposes to make a particular form of waste management, namely, incineration, illegal within the State. This is a form of waste treatment that is legal under EU law. I cannot, therefore, accept an amendment that would make it illegal. The waste framework directive sets out the waste hierarchy as a priority order to be applied in waste management legislation. Incineration, where it reaches the required threshold of energy recovery, is deemed to be on the recovery tier of the waste hierarchy. I transposed the directive on 31 March this year. Landfill which is classed as disposal and below the recovery tier would remain legal under the amendment. I do not believe in making landfill legal. I proposed several amendments in the Dáil and had them confirmed in this House to move away from landfill because of the fines that would be imposed on us if we did not do so. If we do not do as I propose, we will not meet our landfill diversion targets in 2013. The amendment is contrary to the directive I have transposed.

Ireland's immediate challenge is to move away from overdependence on landfill. A range of alternative infrastructure will be required. We need to put in place a number of measures, including waste prevention measures, to meet this challenge. To make one of the options illegal would result in increased costs to the public and businesses and undermine our ability to provide alternatives to landfill and meet our obligations as an EU member state.

The second part of the amendment proposes to repeal two sections of the Waste Management (Amendment) Act dealing with waste management planning. Waste management planning is a significant part of waste management policy and deserves due consideration. It was previously found necessary to provide for the making of waste management plans by city and county managers as an executive function because councillors would not do it.

The third part of the amendment proposes to restore responsibility for the making of waste management plans to members of local authorities. I propose to examine this issue in the context of what I stated about devolution.

I will examine the issue of waste management planning and the appropriate role of authorities as part of the development of a new waste policy which will be available for discussion in October or November. I will publish a discussion document in the coming weeks to deal with these matters. For these reasons I cannot accept the amendment.

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