Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 42: To ask the Minister for the Environment, Heritage and Local Government his views on the rise in the number of plastic bags being used here over the past two years; and if he will consider increasing the levy. [16640/06]

Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 105: To ask the Minister for the Environment, Heritage and Local Government the way in which retailers have been prosecuted for failing to charge for the plastic bag levy in each of the years since the levy's introduction in 2002. [16641/06]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 42 and 105 together.

The 15 cent levy on plastic bags, as provided for in the Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 — which took effect on 4 March 2002 — applies to all plastic bags supplied to customers at the point of sale to them for the conveyance of goods or products. Prior to the introduction of this levy, an estimated 1.2 billion plastic bags were given away free by retailers. The levy has led to a dramatic reduction in use of plastic bags with a consequent positive environmental benefit. Plastic shopping bags accounted for 5% of litter arisings prior to the introduction of the levy, but for just 0.22% of litter arisings in 2004.

Any recent marginal increase in the use of plastic bags would be a reflection of economic growth, increased retail activity and increase in population. The increase in income arising from the levy may also be attributable to increased enforcement by local authorities and audit activity by the Revenue Commissioners.

I am concerned that the Plastic Bag Levy Regulations should be rigorously enforced. It is important to ensure that the efforts and commitment of the vast majority of retailers are not undermined by the non-compliance of a few. My Department will accordingly write to local authorities asking them to carry out inspections of retail outlets with a view to improving current practices in relation to the implementation of the Plastic Bag Levy Regulations. An enforcement network of local authority officers has been established to monitor and co-ordinate the enforcement drive.

Prosecution of retailers who fail to comply with the Plastic Bag Levy Regulations is a matter for local authorities. The relevant enforcement officers have extensive powers to enter any retail premises, to conduct any searches or investigations considered necessary, and to inspect or remove any records, books and documents for the purposes of any proceedings in relation to the levy.

All complaints received in my Department concerning non-compliance are forwarded to the relevant local authority and the Revenue Commissioners. The operation of the levy is also subject to the normal Revenue Commissioners auditing arrangements.

It is evident that the plastic bag levy continues to have a positive effect on our environment. I am anxious that it should continue to do so and in this context will keep all aspects of the levy including the level of the tax under review.