Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I cannot accept this amendment, although I appreciate the sentiment behind it and welcome the Senator's support for an enhanced enforcement regime. The amendment tabled would force applicants for waste collection permits to enter into binding commercial contracts with waste disposal operators before they even have a collection permit and when there is no guarantee that their application will be successful. No one wants to improve performance in the waste collection business more than I do, but I believe the proposed obligation would be anti-competitive and unfair. If a collector was to enter into a commitment with a waste facility operator to deliver a certain amount of waste for a certain price for a set period but his application for a collection permit was refused, there would be a risk that the National Waste Collection Permit Office would be liable for compensation for the losses incurred. Even for those existing operators who may already have a permit and are going through a review or renewal, the proposed requirement would represent an unfair penalty and be unworkable, given the nature of the waste industry throughout the world.

Waste tends to be directed for treatment based on the most commercially advantageous solution. This could involve a nearby landfill, a waste treatment facility within the State or export for incineration elsewhere in Europe. The decision would be based on the most competitive attainable price, which might be dependent on the quality of the waste at the point in time. A contract would place restrictions on price, making the service uncompetitive for some collectors, and it would be inappropriate interference in the open market. In addition, any increase in price would most likely be passed on to the customer. I would like to avoid price increases, where possible.