Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I sincerely thank Senator Malcolm Byrne for bringing this issue to the House and for providing the political will for it to happen. It is all very well to have strategies and theories, but it actually takes somebody to really push something, and to put a bit of effort and passion into it, for it to happen. We are very grateful to the Senator for that.

Everybody wants this. Everybody has a right to live in a clean environment. People are outraged when they see washing machines and beds thrown by the side of the road besmirching our beautiful countryside. The Circular Economy and Miscellaneous Provisions Act 2022 came in during July. A number of provisions were identified in the waste action plan, including providing for the general data protection regulation-compliant use of a range of technologies such as CCTV. The Act facilitates the use of CCTV and, in more limited situations, the use of mobile recording devices such as body cams and drones.

The Act provides for the establishment of CCTV schemes under either the Litter Pollution Act or the Waste Management Act. The use of other mobile recording devices such as drones and body cams is provided for only under the Waste Management Act. Those advanced recording devices will only be used for dumping rather than littering: the use needs to be proportionate. The use of drone and body cam technology is especially important for the waste enforcement officers. I commend their ongoing efforts. They often have to deal with significant levels of criminality in the course of their investigative work. They can face threats to their own safety.

In order to address data protection concerns, the Act also sets out a number of conditions that must be complied with prior to the introduction and the use of CCTV and other mobile recording devices by local authorities. The Local Government Management Agency, LGMA, is required to prepare and submit draft codes of practice to the Minister for approval.These codes of practice will set certain standards for the operation of CCTV schemes and the use of mobile recording devices in deterring environmental pollution and facilitating the prevention, detection and prosecution of illegal dumping offences.

The LGMA has already begun work on the preparation of these codes of practice and is engaging with the Data Protection Commission and other State agencies to ensure they are fit for purpose. Following the completion of the drafting process, the codes of practice will be submitted to the Minister for approval. Once approved, local authorities will be advised of the appropriate procedures to be followed and they will then be in a position to initiate measures involving the general data protection regulation-compliant use of CCTV and other mobile recording devices. It is hoped that this process will be completed in early 2023. It is important to note that the use of the technologies will be restricted to appropriate authorised personnel only and will require ongoing justification for installation and use. The combination of legislation and guidance will help to ensure that the processing of personal data can be carried out by local authorities, thus providing an important deterrent to those who brazenly flout our litter and waste legislation, while at the same time respecting the privacy rights of our citizens.

The use of CCTV and mobile recording devices in assisting with waste-enforcement activity is primarily an operational matter for local authorities; however, my Department continues to support local authority efforts to tackle illegal dumping through the anti-dumping initiative, with €3 million allocated to the initiative in 2022. Since the introduction of the anti-dumping initiative in 2017, over €12 million has been provided to local authorities across the country in support of over 1,200 projects. Local authorities continue to work in conjunction with community groups and State agencies to identify problem areas and develop appropriate enforcement and clean-up responses. The success of the initiative underlines what can be achieved when State agencies liaise directly with community groups. The ongoing desire of people to engage in local action to combat illegal dumping is evident. It is crucial that we continue to engage, support and resource communities in their efforts.