Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 1321: To ask the Minister for the Environment, Heritage and Local Government if local authorities with private waste collection providers have the legal right or if it is possible for a local authority to establish a waiver scheme with private waste service providers; if the Government will consider compelling local authorities in the future to establish waiver schemes, for publicly or privately provided waste collection services; if the Government will consider setting up standards and guidelines for waiver schemes to ensure consistency across the State; and if he will make a statement on the matter. [1099/08]

Billy Timmins (Wicklow, Fine Gael)
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Question 1356: To ask the Minister for the Environment, Heritage and Local Government the position in relation to old age pensioners who are paying a private waste collection company for their refuse removal; if there is financial assistance that they can avail of to assist with this as in the past there was a waiver system in place for OAP's from the local authority when they ran the service; if there is no assistance available if he has plans to introduce assistance for those on social welfare who have no option but to pay private companies; and if he will make a statement on the matter. [1758/08]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 1321 and 1356 together.

Waste management services have traditionally been provided at a local level, with individual arrangements being locally determined and tailored to local circumstances. The present legal framework, as determined by the Oireachtas, reflects this. In accordance with section 52 of the Protection of the Environment Act 2003, the determination of waste management charges, and any associated waiver scheme, is a matter for the relevant local authority, where it acts as the service provider. Similarly, where a private operator provides the collection service, it is a matter for that operator to determine charges. Generally speaking, waiver schemes do not operate in respect of privately supplied collection services.

My Department understands that previous legal advice obtained by a local authority suggests that in an area which is serviced by the private sector the local authority may not provide a waiver in respect of charges for a service which is not directly provided by the local authority. However, a local authority does have discretion itself to provide a waste collection service, including a waiver of some or all of the charges which it may determine, or to procure competitively for a service provider to collect waste on its behalf.

My Department has also completed a public consultation on issues surrounding the regulation of the waste management sector, including the need for any public service obligations in respect of collection services to certain households or in specific areas. Following my Department's consideration of over fifty, many very detailed, submissions received which cover a range of complex issues, I am developing policy proposals to address the issues arising in the context of waste regulation.