Catherine Ardagh (Fianna Fail) | Oireachtas source

I move: "That the Bill be now read a Second Time."

Many people have asked me what exactly this Bill provides for. Substantively, it increases fines in accordance with inflation to correspond with the seriousness of the offences involved. It further provides for a civil claim to be taken against an individual who causes damage to a person or property where section 22 of the original Litter Pollution Act 1997 is contravened. Section 22 relates to cleaning up after a dog. At first glance, the fines may seem high, but section 58 of the Protection of the Environment Act 2003 increased them dramatically. On-the-spot fines outlined in and permitted by the Act will continue and are mostly contained in by-laws of local authorities. This Bill updates the Litter Pollution Act 1997, as amended by the Protection of the Environment Act 2003, to increase the penalties for littering to a fine on conviction on indictment not exceeding €150,000 or on summary conviction to a fine not exceeding €5,000. Obviously, these are large fines but they are very much at the discretion of the judge. They are maximum fines not mandatory minimums.

Fianna Fáil is introducing the Bill in recognition of the fact that current measures to control and prevent illicit dumping and littering do not go far enough. Each year, Dublin City Council picks up almost 16,000 tonnes of litter from our streets and public spaces. Whether it is illegally dumped household waste, chewing gum, cigarette butts, dog fouling or other litter, this comes at a serious cost to local authorities nationally and is a waste of taxpayers' money. Littering and illegal dumping have devastating impacts on our built and natural environments. In urban areas, dumping and littering is a serious eyesore and damages Ireland as a green nation. For example, litter has been a serious issue in Temple Bar, which is one of our most popular tourist attractions. Dog fouling is evident every few feet on many housing estates in south and north County Dublin. Serious health and safety hazards are created by litter, especially dog fouling. For example, children often pick up infections from dog fouling on the streets. We all know of the disease toxocariasis which can blind a child. For people with mobility issues, dog fouling represents an additional challenge with many people unable to avoid it. This specifically affects those in wheelchairs, mothers with prams, people using walking frames and others with mobility issues. Many scenic areas have become hot spots for people dumping large sacks of household waste. Many people go to the bother of actually bagging their dog litter but then consider it appropriate to fly tip it under a neighbour's tree or into a park. It is not appropriate. This is a serious impediment to the beauty of our country and in particular of neighbourhoods in urban areas.

As matters stand, fines under the Litter Pollution Act are too low and fail to reflect the severity of offences. We must send the strong signal that littering in any form is unacceptable and that we will not accept as a society the spoiling and mistreatment of our shared spaces. The Bill makes changes in respect of all forms of littering and dumping covered by the Litter Pollution Act which allows for on-the-spot fines of €150, a maximum fine of €3,000 on summary conviction and a maximum fine on conviction on indictment of €130,000. The fines for continuing offences are €600 per day for summary offences and €10,000 per day for indictable offences.

Ultimately, the Bill changes the fine limits for indictable and summary offences. It provides in section 2, without prejudice, for the bringing of a civil action against a person who has committed an offence under section 22 of the 1997 Act by any person or owner of property who has suffered damage as a result. If a child is injured as a result of dog fouling, a civil action would lie. The remedy is already there in the tort of negligence, but the Bill puts this on a statutory footing. It shows people that we are watching and taking litter and dog fouling a little more seriously.

Every year, local authorities spend significant sums to remove waste and litter from our streets, roads and public spaces. In 2015, South Dublin County Council spent €1.3 million to dispose of waste illegally dumped on our roads and public spaces. Dún Laoghaire-Rathdown County Council said it spent €1.7 million to remove 2.3 tonnes of rubbish. In 2014, the cost was approximately €700,000. The problem is not isolated to Dublin. Almost 800 cases of littering were investigated by Kerry County Council in 2015 while Wexford County Council spends approximately €2.7 million to deal with littering every year. This is a clear waste of taxpayers' money.

It is our duty as citizens to respect our neighbours and friends and ensure we do not litter, which is easily avoidable. I take the case study of Dublin City Council. In 2016, dog fouling bins were removed across the city in an effort to deter the placing in them of domestic waste. This was around the time domestic waste charges were introduced. In their place, a scheme to distribute free dog bags was rolled out accompanied by a media campaign. The dog bags can be disposed of in any public litter bin. A suite of 3,000 anti-dog littering signs were purchased in 2014 and erected across the city. A further 3,000 signs were purchased in 2015 and are now in place. The signs are visually appealing and are bilingual.

In 2014, Dublin City Council litter wardens dealt with approximately 10,265 litter-related complaints, including issues like fly-tipping, dog fouling, shop-front issues and general littering. CCTV was installed at ten illegal dumping blackspots across the city and it has acted as a deterrent to fly-tipping at these locations. In 2014, there were 18 litter wardens in Dublin city but we now only have 16. There were 2,295 fines issued, 698 fines paid and 542 prosecutions for failure to pay on-the-spot fines, of which only 44 were successful. It seems from the statistics that no one was prosecuted either summarily or on indictment.

Dog fouling was the single biggest issue raised by Dubliners in the public consultation on the litter management plan with one third of all submissions citing it as an issue in the city.By working with dog owners and educating them on the correct way to dispose of their litter, as well as making them aware of the penalties for not cleaning up after their dogs, Dublin City Council and the dog owners of Dublin can help eliminate the scourge of dog fouling from the city streets.

An interdepartmental group has been established to develop a policy for responsible dog ownership which is clear, coherent and acknowledges the important value of dogs to the quality of life of their owners. The policy also reflects the needs of others in the community, particularly the elderly and children, to have public spaces which are safe and clean in which they can rest, relax and play. The plan is to fully envisage and work with dog interest groups and dog workers across the city. By making picking up dog litter visible in this way, we can affect the behaviour of many and make dog fouling socially unacceptable.

Along with the general policy issues relating to litter and dog fouling, some practical steps have been taken by local authorities around the country, including the provision litter bins in parks; the use of technology - for example, Dublin City Council has examined the role of possible audio devices in parks giving out an audio message reminding people to dispose of their dog litter in a sensible manner; education and awareness campaigns through schools; and responsible dog ownership in terms of the Green Dog Walkers initiative, which is a community led programme that aims to encourage responsible dog ownership in a positive and friendly way through building up relationships with other dog workers. They remind fellow dog owners to pick up after their dogs and carry extra dog litter bags.

In terms of Dublin City Council, there are only 16 litter wardens throughout the city. It would be right for the Department of Communications, Climate Action and Environment to request local authorities to increase the number of litter wardens they have and perhaps allocate them funding to employ more to ensure the implementation of fines for litter offences can be progressed.

Along with all these practical steps that councils across the country are taking to combat dog fouling and illegal dumping, legislation is needed which will be seen as a deterrent and which will work hand in hand with the practical measures introduced around the country. We need to let those who litter and do not clean up after their dogs know that we are watching them and that we will do all in our power to ensure they respect our streets, footpaths, parks, our friends who are less mobile and our children. We need to respect each other and our communities and that translates to people cleaning up after themselves and their dogs.