John Deasy (Waterford, Fine Gael)
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Question 179: To ask the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 42 of 4 November 2004, the reason he has stated subsequently that he will use the powers granted to him under the Waste Management Act to crack down on this problem; and if he will make a statement on the matter. [16458/05]

Dick Roche (Wicklow, Fianna Fail)
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As stated in reply to Question No. 42 of 4 November 2004, waste enforcement activities in individual cases are primarily a matter for the local authorities concerned and-or the Office of Environmental Enforcement.

However, section 60 of the Waste Management Act 1996 authorises the Minister for the Environment, Heritage and Local Government to give general directions to the Environmental Protection Agency and-or local authorities on waste management plans, waste licensing, the movement of waste and other matters. The powers conferred by section 60 do not extend to individual cases. The legislation precludes the Minister from exercising any power or control in relation to the performance in particular circumstances by the agency or a local authority of their waste management functions.

On 3 May 2005, I gave policy directions under section 60 which addressed action against illegal waste activity and movement of waste. As regards the former, the stated purpose of the direction was to encourage an intensification of action against illegal waste activity — which includes unauthorised disposal of waste, such as the abandonment, dumping or uncontrolled disposal of waste — and enhance the response of local authorities and the Environmental Protection Agency in ensuring the protection of the environment and human health and the prosecution of offenders. In determining the nature of such prosecutions regard was to be had to the elimination of the economic benefit deriving from the illegal activity.

I consider that this element of my recent policy direction was fully justified and consistent with the requirements of the legislation, while respecting the independence of the EPA and local authorities in relation to enforcement activity in particular cases.