John Cummins (Fine Gael) | Oireachtas source

I would like to start by complimenting my colleagues seated to my right on bringing forward this Bill, and by complimenting Senator Wall, who brought forward a similar Bill last year on this issue. It is a very important issue. It is an issue which vexes a lot of people and rightly so, because dumping and illegal dumping is a scourge on society. It prevents people from enjoying the beautiful landscape, towns, villages and cities right across the country. While I appreciate that the Department is currently working on legislation in this respect, which will data-proof all elements of CCTV monitoring in this respect, I think that bringing forward this Bill is a genuine attempt by the promoters to try to progress this matter in a speedy fashion. I compliment them on that.

We must equip our local authorities and environmental officers with every tool possible, including the most modern and up-to-date technologies, to allow them to catch the perpetrators of illegal dumping. I agree with Senator Boyhan that there has to be a justification for it. The justification here is that we all know, in this House, that illegal dumping is rife in this country. I am sure the Senator's constituents from right across the country, including local authority members, are in contact with him constantly, because they are getting it from residents on the ground. They are asking what the council is doing to catch people who are bringing mattresses, rubbish and even goods that can be brought to the civic amenity sites free of charge out into the countryside and dumping them on the side of the road, into streams and rivers, polluting them. It is unacceptable. There is a justification for using CCTV. My understanding is that it is the DPC's view 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 law enforcement directive, which is parallel legislation that came into force in May 2018 along with the GDPR legislation. That is the issue, as opposed to there being a merit in having CCTV to tackle this issue in the first place.My local authority, in Waterford, along with many others, felt the wrath of the commissioner in that respect. Last year an article in the Irish Examinerran with the headline "Waterford Council reprimanded for using CCTV to monitor illegal dumping". The article stated:

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.

We need to address the matter with legislation but, in one sense, it is a case of GDPR gone mad. We all know the issue that exists and have to tackle it. In one sense, the only way we can is to use all the technologies. I am not saying this is a silver bullet because it is not. People go to great lengths to avoid detection. I have spoken to environmental officers in Waterford City and County Council who have told me of the lengths people go to. There are people who block out their number plates while dumping. They take rubbish bags out of the back seats of their cars underneath a camera. That is what we are talking about. While CCTV will assist, it will not be the silver bullet. There needs to be a wider campaign and appeal, right at the root, starting with our youngest citizens and proceeding from primary school right through secondary school. In that respect, I compliment all those behind the work that goes on, including those behind the Green-Schools programme and the various committees, because it is only by appealing to our youngest citizens that we will see a change in society in the long run. I compliment the Senators on introducing the legislation. I urge the Minister to make progress on the Government’s legislation in this respect as a matter of urgency. It cannot come quickly enough. We have to empower our local authorities. We must not allow them to continue to have their hands tied behind their backs on this issue. That is essentially how they are operating at the moment.