Willie Penrose (Longford-Westmeath, Labour)
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Question 153: To ask the Minister for the Environment, Heritage and Local Government if he will amend the Litter Pollution Act, 1997 which enables local authorities to only take action against properties which accumulate high densities of refuse and other waste materials that are within public view and prohibits action being taken in other circumstances. [22824/07]

John Gormley (Dublin South East, Green Party)
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The Litter Pollution Acts, 1997 to 2003, prohibit the leaving or throwing litter in a public place or in any place that is visible from a public place. This includes the creation of litter in the carrying on of a business, trade or activity or in the loading, transporting or handling of items. The legislation also places an onus on owners and occupiers of property to keep their properties litter free to the extent that they are public places or are visible from a public place. The Litter Acts do not stipulate a minimum quantity of refuse or other waste material in order for a breach of the legislation to occur in this regard; therefore, it is not necessary for a high density of refuse to be visible prior to action being taken by the relevant authorities.

Local authorities are responsible for implementing the litter laws in their own areas. In effect, this means they have responsibilities in relation to preventing and controlling litter, and they can take action against persons who break or ignore these laws. Gardaí also have the power to issue on-the-spot fines for litter offences.

Separate legislative provisions also prohibit illegal dumping; section 32 of the Waste Management Acts 1996-2007 places a general duty on the holder of waste and provides that a person shall not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. Section 39 of the Waste Management Acts 1996-2007 provides that waste cannot be disposed of or recovered at a facility except in accordance with a licence issued by the Environmental Protection Agency, and the Waste Management (Permit) Regulations, 1998 provide that for certain specified activities, a waste permit issued by the local authority rather than a waste licence will be required.

Section 10 of the Waste Management Acts 1996-2007 details the penalties for any person found guilty of offences under the Act. The penalties range from a minimum fine of €3,000 or 12 months imprisonment or both on summary conviction, to a maximum fine of €15 million or 10 years imprisonment or both in the case of conviction on indictment. I am satisfied that the penalties and enforcement powers under existing litter legislation are adequate and appropriate, and there are no proposals to change the law along the lines mentioned in the question.