David Stanton (Cork East, Fine Gael)
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Question 409: To ask the Minister for the Environment, Heritage and Local Government if he plans to introduce legislation to identify households that are not registered with either private operators or local authorities in order to have their household refuse collected as per his response to Parliamentary Question No. 29 of 24 June 2009; when he expects such legislation to be introduced; and if he will make a statement on the matter. [26214/09]

David Stanton (Cork East, Fine Gael)
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Question 411: To ask the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 29 of 24 June 2009, when he will establish a regulator in the area of waste management; when he will introduce legislation which will require people to register with a local authority or a private operator in order to ensure that rubbish or waste is disposed of in an environmentally friendly manner; and if he will make a statement on the matter. [26343/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 409 and 411 together.

I recognise that 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. The existing regulatory framework requires modernisation and I am currently giving consideration to the broad regulatory issues surrounding the waste management sector, including issues of 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 to ensure that necessary public service criteria in relation to the provision of services in particular areas or in respect of specific households are properly reflected.

There are two key processes currently underway the outcomes of which will be essential to my consideration of the best options for recasting the regulatory framework. The first of these is the major review of waste management policy provided for in the Programme for Government. To underpin this review consultants are currently undertaking research on the waste management sector in Ireland to cover a wide range of issues, having regard to the current regulatory arrangements, from both an environmental and socioeconomic standpoint. I anticipate that this study will be delivered in late July 2009.

The second key issue relates to the outcome of the High Court proceedings taken in 2008 by two private sector waste management service providers seeking to prevent the Dublin local authorities from using their existing powers to vary the region's waste management plan by inserting an objective in the plan that the collection of household waste from single dwelling households be carried out by the local authorities themselves or that the local authorities make arrangements by way of a public tendering process for the collection of such household waste on their behalf i.e. to introduce competition for the market.

The outcome of this High Court action, which is expected shortly, will have clear implications for the future regulation of the waste management sector generally and will further inform what measures may be necessary to underpin sustainable waste collection services, whether delivered by the private or public sectors. It is in these contexts that the appropriate policy responses are currently being developed.

Comprehensive powers are already available to local authorities under the Waste Management Acts to enforce the various requirements which the law places on the holders of waste, including householders. Householders are required to either avail of the services lawfully provided by public and/or private waste collectors or to otherwise manage their waste in accordance with the law. Where a household cannot demonstrate compliance e.g. by providing proof of availing of a legal waste collection service then the local authority is empowered to take appropriate action.

Section 18(1) of the Act provides that a local authority may, for any purpose relating to its functions under the Act, require any holder of waste to maintain such records, and to furnish in writing to the local authority such particulars, as may be specified as to measures taken for the disposal of any waste. Section 18(2) of the Act further provides that a person who fails to comply with a notice under this section or who furnishes any information in reply to such a notice which he or she knows to be false or misleading in a material respect is guilty of an offence.

Section 55 of the Act also confers powers on a local authority to require measures to be taken in relation to the holding, recovery or disposal of waste where it appears to a local authority that it is necessary so to do in order to prevent or limit environmental pollution caused, or likely to be caused, by the holding, recovery or disposal of waste. The local authority may serve a notice under this section on a person who is or was holding, recovering or disposing of the waste, as the case may be. Any measures necessary further to strengthen compliance will be considered in the context of the on-going review of the regulation of the waste sector.