Joanna Tuffy (Dublin Mid West, Labour)
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Question 210: To ask the Minister for the Environment, Community and Local Government the position regarding steps he has taken to ensure that household waste collectors, including private companies and local authorities, that weigh the waste, comply with any legal requirements including those provided for under the Synopsis of Metrology Act, including section 26; and if he will make a statement on the matter. [20628/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Part IV of the Waste Management Act 1996 and associated secondary legislation provides for the regulation of household waste collection services. However, the Legal Metrology Service of the National Standards Authority of Ireland is the statutory body responsible for regulating and supervising weights and measures.

Measuring instruments used by private companies or local authorities for waste weighing are subject to the Metrology Act 1996 as instruments in trade use. The Metrology Act provides that such instruments must be designed, approved and individually verified at all times. Verification requires the application of seals, the removal of which for repair or adjustment requires a further verification of the instrument. Instruments in use are inspected from time to time by Legal Metrology Service inspectors of the National Standards Authority of Ireland.

Where a measuring instrument is provided so that it can be used by a member of the public at their request, e.g. to determine the weight of a vehicle for tax purposes, and where a charge is made for providing such a facility, Section 26 of the Metrology Act requires that the operator of the instrument must hold a certificate of competency under the Act. Waste collection services using trucks that weigh domestic waste when collecting such waste from households do not fall within the provisions of Section 26 of the Act.

I have recently published a discussion document to help inform a public consultation process on the Government's commitment to introduce competitive tendering for household waste collection, whereby service providers will bid to provide waste collection services in a given area, for a given period of time and to a guaranteed level of service. The discussion document, which is available on my Department's web site, provides details of how such a reorganisation of household waste collection might work, identifies potential benefits and presents some questions to which it is hoped consultees will respond. The document also makes reference to fee structures, including pay by weight pricing. I look forward to all relevant interests engaging with the consultation process, which is open until 2 September 2011.