Written answers

Wednesday, 28 November 2018

Department of Communications, Climate Action and Environment

Illegal Dumping

Photo of Noel GrealishNoel Grealish (Galway West, Independent)
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232. To ask the Minister for Communications, Climate Action and Environment if he will introduce legislation that would result in driving disqualifications for persons convicted of illegal dumping while using a vehicle; and if he will introduce legislation that will give judges the power to order the confiscation of vehicles used for illegal dumping; and if he will make a statement on the matter. [49759/18]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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In respect of the confiscation of vehicles used for illegal dumping, there is scope under current waste legislation to seize vehicles involved in the carrying out of suspected unlawful waste activity and in the event of a successful prosecution to have such vehicles or equipment disposed of as the competent authority sees fit.Under Section 14 of the Waste Management Act, an authorised person is allowed to halt and/or board a vehicle.  Such a vehicle can be taken either by the original driver or by a driver employed by the enforcing authority to a designated place and be detained there. This power covers:

- The establishment of roadblocks on the public road;

- The questioning of drivers about the vehicle and its contents;

- The seizure of the vehicle when stopped at a roadblock;

- The taking of a vehicle found on an unauthorised waste site; and

- The detention of the vehicle.

The halting and taking of the vehicle is required to relate to any purpose connected with the Act.  Hence, the authorised person must have a reason which stems from the requirements of the Act itself and the vehicle can be detained for as long as is necessary to fulfil the purpose under which it was seized.

Section 61 of the Waste Management Act concerns the detention and forfeiture of certain vehicles and equipment.  The Section provides for the following:

- On application from a local authority or the EPA for a prosecution under the Act on indictment, a Judge may require a defendant to enter into a bond of an amount equal to the value of any vehicle or equipment owned by the defendant that it is alleged was used in the commission of the offence under the Act;

- In the event of a defendant failing to comply with such an order, a Judge may make further order authorising the local authority or the EPA to detain any vehicle or equipment pending the determination of the proceedings concerned;

- If a person is convicted on indictment for the offence the Court may order the forfeiture to the local authority or the EPA of any vehicle or equipment owned by the defendant that was used in the commission of the offence or the amount of the bond if applicable;

- A local authority or the Agency may deal with or dispose as it thinks fit of any such vehicle or equipment, or the amount of the bond if applicable.

The question of the introduction of driving disqualifications is within the remit of the Minister for Transport, Tourism and Sport.

Photo of Noel GrealishNoel Grealish (Galway West, Independent)
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233. To ask the Minister for Communications, Climate Action and Environment the amount spent in each local authority area over the past three years to combat or prevent illegal dumping; the nature of the programmes or schemes involved; and if he will make a statement on the matter. [49760/18]

Photo of Noel GrealishNoel Grealish (Galway West, Independent)
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234. To ask the Minister for Communications, Climate Action and Environment the amount spent by each local authority over the past three years to alleviate the effects of illegal dumping, such as, pollution of lands or water courses and so on and the removal of dumped material; and if he will make a statement on the matter. [49761/18]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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I propose to take Questions Nos. 233 and 234 together.

Enforcement actions against illegal waste activity are a matter for the Local Authorities and the Office of Environmental Enforcement (OEE) within the Environmental Protection Agency (EPA).  While this Department does not compile statistics in relation to complaints made, information is available through the Local Government Management Agency  www.lgcsb.ie/en/publications/?keyword=&Categories=LocalAuthoritySectorReports and also on the EPA’s website www.epa.ie/pubs/reports/enforcement/performanceframework/focusonlocalauthorityenvironmentalenforcement2014-2016performancereport.html. The total cost of illegal dumping is not collated by my Department as it includes local authority enforcement, disposal and legal costs, and also involves costs for other State agencies, such as An Garda Síochána.

The commitment to supporting waste enforcement activities on the ground is demonstrated through the continued annual investment of €7.4 million by my Department in the network of 150 local authority waste enforcement officers, increased resources for the Environmental Protection Agency with an allocation of €34.8 million this year and the further development of the Waste Enforcement Regional Lead Authority (WERLA) Offices with an annual budget in excess of €1 million.

In recognition of the impact of illegal dumping on communities across the country, my Department has developed an Anti-Dumping Initiative to identify high risk or problem areas, develop appropriate enforcement responses and carry out clean-up operations in partnership with local authorities and community organisations.My Department has also provided €3.3 million to support the national anti-dumping initiative in the past two years.

Further details of the funding provided is available on my Department’s website at www.dccae.gov.ie/en-ie/environment/topics/waste/enforcement/anti-dumping-initiative/Pages/default.aspx.  The initiative was overseen by the Waste Enforcement Regional Lead Authorities (WERLAs) and each of the 31 local authorities participated. Over 400 projects were funded and included

- clean-up operations - removing over 2,500 tonnes of waste;

- awareness campaigns – social media campaigns, leaflets;

-  preventative measures – installation of signage and fencing;

- surveillance operations – CCTV, drone and trail surveillance;

-  SMART enforcement equipment and resources for waste enforcement officers.

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