Written answers

Wednesday, 29 June 2005

Department of Environment, Heritage and Local Government

Waste Disposal

10:00 pm

Paul McGrath (Westmeath, Fine Gael)
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Question 496: To ask the Minister for the Environment, Heritage and Local Government if he will increase the penalties for offenders in view of the dramatic increase in illegal dumping. [23356/05]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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The Protection of the Environment Act 2003 provided for a significant increase in the penalties applicable to those convicted of contravention of waste management legislation. Summary conviction now involves payment of a fine of up to €3,000 or imprisonment for up to 12 months or both. Where a conviction is secured on indictment, the fine can range up to €15 million and the prison term can be up to ten years. Both a fine and imprisonment may be applied. I am satisfied that the prescribed penalties are significant and appropriate to the jurisdictions in which prosecutions may be taken.

Recently, I issued a policy direction to local authorities and the Environmental Protection Agency under section 60 of the Waste Management Act 1996 which is intended to bring a greater focus and uniformity to enforcement of our waste management laws. Included in the direction is the stipulation that regulatory authorities must seek the maximum potential sanctions available in law when pursuing illegal holders of waste. I have also directed that the Garda should be involved in more serious cases and that the prosecution of offences should take place at the highest available judicial level. In addition, I have stipulated that local authorities should, where practicable, pursue civil remedies against illegal operators under powers available to them including the recovery of the cost of measures taken to prevent or limit environmental pollution caused by waste.

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