Written answers
Thursday, 4 November 2010
Department of Environment, Heritage and Local Government
Litter Pollution
2:00 pm
Noel Ahern (Dublin North West, Fianna Fail)
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Question 222: To ask the Minister for the Environment, Heritage and Local Government his plans to change the legislation regarding fines due for litter left at bottle banks; if he will ask local authorities to use their discretion and pursue the serious offenders rather than some marginal cases as covered by media lately or else introduce a staged fine system where minor or serious offenders could be treated appropriate to the offence, whereas currently some enforcement is seen as over zealous; and if he will make a statement on the matter. [40895/10]
John Gormley (Dublin South East, Green Party)
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The Litter Pollution Acts 1997 to 2009 provide a strong statutory framework for combating litter pollution. Under the Acts, the primary management and enforcement response to littering must come from the local authorities. Therefore, it is a matter for each local authority to decide on the most appropriate enforcement actions in their areas, taking account of local circumstances and priorities.
Local authorities are independent statutory bodies, with democratically elected councils and their own management system and it is a matter for each local authority to determine the most appropriate course of action to tackle litter pollution within the legislation provided.
There is a range of penalties in place for offences under the Litter Pollution Acts, ranging from an on-the-spot fine of â¬150 for more minor offences, to a maximum fine of â¬3,000 on summary conviction and a maximum fine of â¬130,000 on conviction on indictment for more serious offences. The fines for continuing offences following conviction are â¬600 per day for summary offences and â¬10,000 per day for indictable offences. A person convicted of a litter offence may also be required by the Courts to pay the local authority's costs and expenses in investigating the offence, taking remedial action to remove the litter and in bringing the prosecution. Taking into account the provisions set out above I have no plans to amend the Litter Pollution Acts at this time.
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