David Stanton (Cork East, Fine Gael)
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Question 42: To ask the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 29 of 24 June 2009 the progress, if any, made regarding the appointment of a waste management regulator; the progress made regarding the establishment of a national household waste register whereby every household will be required to register for waste management services with either a local authority or a private operator; and if he will make a statement on the matter. [15843/10]

John Gormley (Dublin South East, Green Party)
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The existing regulatory framework governing the waste market requires modernisation in a number of respects, particularly in relation to 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 the importance of ensuring that necessary public service criteria in relation to the provision of services in particular areas or in respect of specific households are properly reflected.

In November 2009 consultants delivered a major international report on waste management policy. My Department is currently examining this significant report and its recommendations, which are central in further informing the measures that may be necessary to underpin sustainable waste management services, whether delivered by the private or public sectors.

The renewed Programme for Government 2009 contains a commitment to the adoption and implementation of a new waste policy following the completion of the review. Giving effect to this commitment is one of my immediate priorities and the Government has recently endorsed my approach to the preparation of a new waste policy statement, which I will bring to Government shortly, and publish for public consultation.

Another 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 was delivered, in unapproved form, in late December 2009 and has clear implications for the future regulation of the waste management sector generally. While the approved judgement is still awaited, the implications of the unapproved judgement are currently being examined.

Regarding the question of a household waste register, comprehensive powers are already available to local authorities under the Waste Management Acts to enforce the various legislative requirements placed on the holders of waste, including householders. Householders are required either to avail of the services lawfully provided by public and/or private waste collectors or otherwise to 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 Waste Management Act 1996 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.