Shane McEntee (Meath East, Fine Gael)
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Question 10: To ask the Minister for the Environment, Heritage and Local Government his views on competition of waste collection services at local level and of one council outsourcing its entire waste collection service; and if he will make a statement on the matter. [36540/08]

John Gormley (Dublin South East, Green Party)
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As provided for in 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 I, as Minister, am precluded from exercising any power or control in relation to the performance in particular circumstances by a local authority of a statutory function given to it under the Act.

The position in Dublin has involved the four Dublin local authorities making an amendment to the regional waste management plan for which they are responsible. My Department is aware that Dublin City Council, which acts as lead authority for the region, is using the powers available to it to review waste collection permits that it has previously issued. This occurs in a context in which private service providers have taken a significant and growing share of the Dublin household waste collection market with obvious implications for the local authorities in terms of meeting the costs of the various waste management services which they provide and the operation of a waiver scheme for low income households. Also, Dún Laoghaire/Rathdown County Council has announced that it is considering its intention to withdraw from waste collection services by means of direct labour and to outsource this service on behalf of its customers.

I recognise that the existing regulatory framework requires modernization. Significant regulatory issues have emerged as waste management services have rapidly evolved in recent years, including through the rapid growth in, and consolidation of, the private waste management sector. These issues, which have been the subject of a formal public consultation, include the dual role of local authorities as regulators and service providers, the need to ensure that waste services are provided in a manner consistent with the achievement of national and EU environmental objectives and targets, and that any necessary public service criteria apply in relation to the provision of services in particular areas or in respect of specific households regardless of whether the service is provided by the public or private sector. This matter is currently subject to proceedings in the High Court and in that regard it would be inappropriate for me to comment further.

My Department is monitoring the emerging position in the context of the views articulated during the public consultation and any necessary legislative or policy responses will be brought forward.