Patrick O'Donovan (Limerick, Fine Gael)
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Question 183: To ask the Minister for Justice and Equality if he has considered proposals that would deal with theft of scrap metal to assist the industry; and if he will make a statement on the matter. [40107/11]

Alan Shatter (Dublin South, Fine Gael)
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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.

My Department is aware of the growing issue of metal theft and is represented at the Stakeholder Forum on Metal Theft that has been set up by An Garda Síochána. Local authority enforcement staff are cooperating with the Gardaí and the enhancement of that cooperation was discussed at the Forum meeting on the 7 December, 2011.

The Gardaí are making good progress in leading the work of the Metal Theft Forum and my Department and local authorities will continue to support the Forum's work. In that regard, 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 on-going. However, if the Forum is to achieve its aims in reducing and preventing metal theft, wider support will also be required from other relevant parties in order to ensure that the broader range of issues involved are successfully addressed.