Malcolm Byrne (Fianna Fail)
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Cuirim fáilte roimh an Aire Stáit. We have talked about this issue previously in the Chamber and privately. I am quite happy that the Government enacted the circular economy legislation. The Minister of State will be aware of the Bill I brought forward to deal specifically with these issues. Within the circular economy legislation there are very welcome provisions that will allow for the deployment of CCTV and other technologies in order to be able to catch those who are engaging in illegal dumping. While in the past local authorities could use the technology there was not the necessary underpinning legal framework and a number of them fell foul of the Data Protection Commissioner. The legislation now allows for them to do this.

While it is certainly the case that local authorities, tidy towns groups, and various local development associations want to see this rolled out as quickly as possible on a national basis they also want to ensure, now the provisions are in legislation, that the local authorities make effective use of them and that the local authorities have the resources necessary to do this, including the deployment of CCTV or other necessary technologies to be able to catch those involved in illegal dumping. What is the Government's approach to make sure that local authorities follow through on this? Are there any plans to make resources available to local authorities in order that they will have the equipment to deal with what is involved?

We are aware of the impact this illegal dumping has on our environment. We know the impact it has on animals and livestock. It is unsightly and undoes a lot of the great work of tidy towns groups and local development committees. There is a cost to local authorities in having to clean up after all of this dumping. When I survey local authorities they estimate that nationally it could cost up to €90 million or €100 million per year to clean up after dumping and littering right across the country. Any spending to combat this behaviour will come back to local authorities given the savings that are involved.

We need a significant campaign to finally stop the blight of illegal dumping. It is happening in urban areas and it is happening in rural areas. It really annoys people. Over this winter and into next summer, I would like to see a concerted effort on the part of the Government in supporting local authorities to combat this.

Ossian Smyth (Dún Laoghaire, Green Party)
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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.

Malcolm Byrne (Fianna Fail)
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I thank the Minister of State for his personal commitment in this area. The legislation is welcome, as he said, and it has the necessary safeguards, but the key is rolling out the codes of practice. While I welcome the commitments, we should try to see that the LGMA gets the codes to the Minister for approval and that, from 2023, local authorities will be in a position to adopt them. By the spring, no local authority should have an excuse that it has not got the necessary general data protection regulation compliance codes in place to roll out the technologies.

I welcome the anti-dumping initiative funding. It may be a case of providing some of the CCTV equipment. If local authorities come produce a proposal, I hope the Government will look favourably on it. However, we have got to ensure that 2023 will be the year in which we really tackle the scourge of illegal dumping.

Ossian Smyth (Dún Laoghaire, Green Party)
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I have been in contact with the LGMA committee that is drawing up the code of practice. I met litter wardens in both Cork and Dublin so I could talk directly to the people on the ground who are dealing with this criminality. I have also spoken to the chair of the committee, Mr. Liam Bergin, and have constantly asked for updates. I understand the committee has now drafted its code of conduct. It is in discussions with the Data Protection Commission to make sure it is happy. Thereafter, it will be laid before both Houses of the Oireachtas. I expect it will come into force early in the new year and that we will see prosecutions and, more important, a reduction in illegal dumping in black spots.