Patrick O'Donovan (Limerick, Fine Gael)
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Question 372: To ask the Minister for the Environment, Community and Local Government in view of the number of reports of metal being stolen from unoccupied houses, including central heating infrastructure, cables being removed from sites under construction for wind turbines, removal of road art at locations across the country, if he will consider introducing legislation to control the scrap metal industry here; and if he will make a statement on the matter. [35922/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Metal theft is a crime and is therefore a matter for An Garda Siochana in the first instance. On that basis, my Department does not collect data in relation to numbers of reported thefts. A stakeholder forum on metal theft has been set up by the Gardai and is working to produce a Metal Theft Crime Prevention and Reduction Plan. My Department is one of many stakeholders participating in the work of the Forum and will continue to play its part in supporting the work in this area led by the Gardai.

Regulation of the Scrap Metal industry is not a matter within my Department's remit. The regulation of waste activities is, of course, relevant to the industry. Such activities require authorisation in accordance with the Waste Management Act 1996; the terms of such authorisations are primarily derived from requirements of EU Directives on waste and specific waste streams such as end of life vehicles or electronic waste. Depending on the authorisation required, these activities are controlled either by the Environmental Protection Agency (EPA) or by local authorities as competent authorities nominated by the State to implement such legislation. The purpose of these controls is to regulate the collection, recovery or disposal of waste in order to protect the environment.

Enforcement of waste legislation is a matter either for the EPA's Office of Environmental Enforcement (OEE) in relation to waste licences or for local authorities in relation to waste permits. The OEE operates an Enforcement Network to foster co-operation between the various public service bodies involved in the enforcement of environmental legislation, so that a higher and more consistent standard of enforcement is achieved throughout the country. Local authority enforcement staff are cooperating with Gardaí in relation to metal theft, and the enhancement of that cooperation is an issue that is being examined at the Metal Theft Forum.

I have asked my Department to examine waste licensing and permitting legislation to ensure all necessary provisions, particularly those relating to traceability, are in place to avoid situations that might be exploited by criminal elements. This examination is ongoing.