Joe Costello (Dublin Central, Labour)
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Question 280: To ask the Minister for the Environment, Heritage and Local Government if he will amend the landlord and tenant legislation to ensure that landlords are responsible for the proper disposal of waste from their rented accommodation; and if he will make a statement on the matter. [47746/09]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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The primary responsibility for the management of any waste, including costs for removal or disposal, lies with the holder of the waste; the holder of the waste is the natural or legal person in possession of the waste or the producer of the waste. The Waste Management Acts 1996 - 2008 impose a general duty of care on holders of waste. A person may not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. It is the responsibility of the relevant local authority to deal with any instances of illegal disposal of waste in their functional area and take the appropriate enforcement action.

Section 12 of the Residential Tenancies Act 2004, as amended by section 100 of the Housing (Miscellaneous Provisions) Act 2009, requires a landlord of a dwelling to provide receptacles suitable for the storage of refuse outside the dwelling, save where the provision of such receptacles is not within the power or control of the landlord in respect of the dwelling concerned – this could arise for example where it is a function of a management company to provide such a service. In addition, the Housing (Standards for Rented Houses) Regulations 2008, which prescribe minimum standards for rented accommodation, provide that each house must have access to suitable and adequate pest and vermin-proof refuse storage facilities.

The purpose of these provisions is to ensure that facilities are available to tenants to enable them to store refuse appropriately between collections and not in such a way as to attract pests or vermin or become a hazard or eyesore to the general public. However, the presentation of refuse for collection, the manner in which it is presented and any charges imposed for collection are the responsibility of the tenant, who is the holder of the waste. Any incidents of illegal waste activity should be reported to the relevant local authorities who have significant enforcement powers available to them under the Waste Management Acts, including the power to make bye-laws regarding the presentation and collection of waste.

Maureen O'Sullivan (Dublin Central, Independent)
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Question 281: To ask the Minister for the Environment, Heritage and Local Government if he will make an amendment to the Building Control Act 2009 by providing a ministerial list, similar to one made by a Minister in 1997, to allow architects who have been working under law society guidelines for a period of ten years or more automatic entry to the register similar to those from the 1997 list. [47784/09]

John Gormley (Dublin South East, Green Party)
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I do not propose to amend the Building Control Act 2007. The eligibility criteria for registration of the title of "Architect" are set out in Section 14 of the Act. It is open to Architects, such as those referred to in the question, to apply to the Technical Assessment Board established by the Registration Body, for assessment for registration.