John Cummins (Fine Gael) | Oireachtas source

On 18 January, the Irish Examinerran a story with the headline "Waterford council reprimanded for using CCTV to monitor illegal dumping". The article read:

Waterford City and County Council has been officially reprimanded for its use of CCTV to monitor public activity by the Data Protection Commissioner.

The admonishment by the commissioner, which was handed down in October of last year and was carried out using its corrective powers under the General Data Protection Regulation (GDPR), concerns the local authority’s use of such surveillance technology to monitor illegal littering and dumping, and for the prevention of crime.

It is my understanding that Waterford's local authority is one of at least seven that have faced the wrath of the commissioner. It is the commission's view, as was articulated by Senator Wall, that the Litter Pollution Act 1997 and the Waste Management Act 1996 do not regulate the processing of personal data, as required by the EU's law enforcement directive, which is parallel legislation that came into force in May 2018 along with the GDPR legislation. This is the GDPR gone mad. It has left local authorities with one hand tied behind their back in the fight against illegal dumping, which everyone agrees is a scourge. It is an attack on society and on our rights to enjoy amenities throughout the country without having to encounter often large-scale dumping.

The Government, under the remit of the Minister for the Environment, Climate and Communications, is addressing issues raised by the DPC including by introducing appropriate legislation, and I am sure the Minister of State will refer to that in his reply. The Waste Action Plan for a Circular Economy commits the Government to implementing a range of measures, including tackling the problem of illegal dumping. It states: "All waste enforcement legislation will be “data proofed” to ensure that all available and emerging technologies can be fully utilised in a manner which is GDPR compliant."

Notwithstanding the work being done by the Department, I compliment Senator Wall on his proactive action in bringing forward the Bill, which is a genuine effort to address the data protection issues raised by the commissioner regarding the use of CCTV by local authorities in the enforcement of litter and waste management functions. I am happy to have engaged with the Senator on the Bill, and with the Minister of State and his Government colleagues, to ensure that the Government would not oppose it and would let it proceed. In my 11 years on the council, I always worked cross-party on topics that were of benefit to Waterford, and I seek to do the same in this House. I have always said no individual or party has a monopoly on wisdom. I know that Senator Wall will agree it does not matter whether it is this legislation or the Government’s legislation. All of us in the House want to resolve the issue and to give local authorities the ability to tackle this problem with every tool in their armoury.

Local authorities have to be given the ability to use covert and overt technologies to catch the perpetrators of these offences. There is no doubt that CCTV, along with drone technology, phones and so on, have to be used by local authorities to catch people who engage in this illegal behaviour. As has been noted by other Senators, the problem has worsened in recent times, and the lengths to which people go to avoid detection are frightening. I do not think people realise it. Senator Moynihan mentioned that names have been removed from prescriptions in rubbish in order that no trace would be left behind, and there are also people who black out or change licence plates on vehicles to avoid detection. Moreover, people use face coverings, and did so even before we all had to use them, to avoid detection. While CCTV is an important tool in the armoury of local authorities, it is not a silver bullet that will solve all the problems.

I join other Senators in complimenting litter wardens throughout the country who tackle this problem daily.I thank the local authority outdoor staff who constantly have to clean up this mess. It must be absolutely devastating for them to have to go out day in, day out to clean up what has been left by the public, including people who dump rubbish in their own communities. It is a very sad state of affairs.

I thank the Tidy Towns groups and other community groups that supplement local authority staff in tackling this problem. I am happy to support the Bill, as are many of my Fine Gael colleagues who will not have an opportunity to speak on the Bill as a result of the Covid restrictions.