Olivia Mitchell (Dublin South, Fine Gael)
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Question 554: To ask the Minister for the Environment, Heritage and Local Government if there are implications for Government waste management policy in respect of incineration and recycling, in view of claims of waste ownership by Dublin local authorities. [17206/08]

John Gormley (Dublin South East, Green Party)
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Under the Waste Management Acts the relevant local authorities have the responsibility both for making statutory waste management plans and regulating the activities of persons engaged in the collection of household waste. Furthermore, the statutory responsibility for collecting or arranging for the collection of household waste is vested in local authorities by virtue of section 33 of the Act. As provided for in section 60(3) of the Act, the Minister is precluded from exercising any power or control in relation to the performance by a local authority of a statutory function given to it under the Act.

The position in Dublin has involved the Dublin local authorities making an amendment to the regional waste management plan for which they are responsible. Dublin City Council, which acts as lead authority for the region, will also be using the powers available to it to review waste collection permits that it has previously issued.

This matter is currently the subject of proceedings in the High Court involving a waste collection company contesting the recent actions by the Dublin local authorities in regard to waste collection and management in the region and the outcome of these proceedings is awaited.