Denis Naughten has called on the Taoiseach to intervene and ensure the law is strengthened to allow for vehicles involved in illegal dumping to be impounded.
Deputy Naughten, who raised the issue of increased illegal dumping during lockdown with the Taoiseach in Dáil Éireann, said: “We are all relying on public areas, walks and trails during the lockdown, yet thoughtless people are littering with everything from dog-fouling to cigarette butts and coffee cups. Then we have downright criminal behaviour where individuals are dumping everything from bags to van loads of rubbish in these scenic locations.
“Since the start of the pandemic, some local authorities have seen a jump of up to 30% in illegal dumping of household waste and household clear-outs. Dublin City Council’s street cleaning crews have even encountered a bath dumped on Bride Street close to Christ Church Cathedral.
“I fully accept there is no single solution to this particular problem, and it requires improved facilities, particularly for bulky goods. If, for example, a couch or a mattress is dumped at a location, it attracts other illegal dumping and soon becomes a rat-infested open landfill site.
“That is why, in 2017, I provided funding for community clean-ups across the country and, in 2018, under the national mattress amnesty campaign, 11,000 mattresses were collected and properly recycled by local authorities.”
Denis Naughten added: “We must also improve enforcement of the laws because unless we hit those who carry out this illegal activity where it hurts – in their pockets – we will never effectively address this growing problem.
“We must secure convictions and make clear examples of those involved in this crime, which is both environmental and economic and has social impacts on the communities concerned.
“The current anomaly in legislation which stops Councils securing convictions with CCTV footage must be addressed urgently, as it is effectively allowing an open season for illegal dumping, including fly tipping, at a time when our citizens are reliant on these tracks and trails.
“This loophole needs to be closed off immediately by ensuring that the processing of personal data, including video evidence, can be carried out by Councils with an objective of trying to stop the scourge of illegal dumping.
“But we also need clarity on the implementation of the current law, which allows for the confiscation of vehicles used in this activity. Unless we act immediately and hit those people who are carrying out these acts of economic and environmental treason where it hurts them the most, we will all suffer,” concluded Denis Naughten.
ENDS.
Editor’s Note:
COPY OF FULL DÁIL DEBATE:
Dáil debates
Wednesday, 24 February 2021
Ceisteanna ó Cheannairí – Leaders’ Questions
Denis Naughten (Roscommon-Galway, Independent)
Hearts sank across the country with the realisation that the current lockdown restrictions are to be extended into April, particularly now as the evenings lengthen and people get out and about more. The lockdown has brought people a greater appreciation of the recreational tracks and trails that we have within 5 km of our homes. What infuriates us all is the scale of littering and illegal dumping that is taking place in such locations. The public are relying on these amenities, yet thoughtless people are littering with everything from dog-fouling to cigarette butts and coffee cups. Then we have downright criminal behaviour where individuals are dumping everything from bags to van loads of rubbish in these scenic locations. Since the start of the pandemic, some local authorities have seen a jump of up to 30% in illegal dumping of household waste and household clear-outs. Dublin City Council’s street cleaning crews have even encountered a bath dumped on Bride Street close to Christ Church Cathedral.
I fully accept that there is no single solution to this particular problem. It requires improved facilities, particularly for bulky goods. If, for example, a couch or a mattress is dumped at a location, it attracts other illegal dumping and soon becomes a rat-infested open landfill site. That is why, in 2017, I provided funding for community clean-ups across the country and, in 2018, under the national mattress amnesty campaign, 11,000 mattresses were collected and properly recycled by local authorities.
We also must improve enforcement of the laws. While amendments to the Litter Pollution Act to increase on-the-spot fines from €150 to €250 have been drafted since 2018, they have yet to be introduced. Facilities and fines are a move in the right direction but unless we hit those who carry out this illegal activity where it hurts – in their pockets – we will never effectively address this growing problem. We must secure convictions and make clear examples of those involved in this crime, which is environmental and economic and has social impacts on the communities concerned.
Prosecutions can only be secured with unequivocal evidence and video evidence is by far the most effective tool in this regard. That is why funding has been provided to local authorities since 2017 to enhance CCTV and drone monitoring of illegal sites. However, we cannot progress this because of a decision taken by the Data Protection Commissioner that local authorities are not in a position to collect and use this data in securing prosecutions. This anomaly needs to be addressed urgently in the interests of protecting communities across the country.
Micheál Martin (Taoiseach, Department of An Taoiseach; Cork South Central, Fianna Fail)
I thank Deputy Naughten for raising the issue. I acknowledge his long-term interest in this issue and the measures he has taken in the past in different capacities to deal effectively with it. The Deputy is correct in saying that illegal dumping is a scourge on the landscape and offenders should and must face the full rigours of the law. Penalties for illegal dumping are significant. There is a maximum fine of €5,000 on summary conviction and-or imprisonment for up to 12 months, with a maximum fine of €15 million in the Circuit Court on conviction on indictment or imprisonment for up to ten years.
Ireland’s waste action plan for a circular economy, published in September of last year, commits the Government to implementing a range of measures, including to tackle the problem of illegal dumping. One of the commitments contained in the action plan is that “All waste enforcement legislation will be “data proofed” to ensure that all available and emerging technologies can be fully utilised in a manner which is GDPR compliant.”
In September 2020, as the Deputy has said, the Data Protection Commissioner wrote to the Minister for the Environment, Climate and Communications concerning data protection issues with the use of CCTV cameras for litter and waste enforcement purposes. The Data Protection Commission, DPC, is engaging with the County and City Management Association, CCMA, on the practical issues raised by the DPC. The Government is working to address these issues and the issues raised by the Deputy. This has seen the Department of the Environment, Climate and Communications work on the draft heads of a circular economy Bill. Output from discussions between the CCMA and the DPC, as well as commitments on the waste action plan, are being examined for introduction in the Bill. Critically, this could help to ensure that the processing of personal data may be carried out by local authorities tasked with enforcing litter and waste law in order to protect the environment from the scourge of illegal dumping, while at the same time respecting the privacy rights of citizens. The upcoming circular economy Bill will also consider further changes to fixed penalty notices.
This is a significant issue that has emerged. It is the Data Protection Commission’s view that although the Litter Pollution Act and Waste Management Act provide local authorities with powers to prevent, investigate, detect and prosecute littering and dumping offences, the Acts do not provide for processing of images of members of the public using CCTV footage. That advice is, as I said, being considered by the Department and is subject to internal legal advice.
This is an issue because the bottom line, from a public policy perspective, is that we want to stop illegal dumping and we have to use all the tools available to deal with that. I trust that in the forthcoming legislation this issue will be addressed in a way that enables local authorities to have full access to the technologies and powers necessary to stop this appalling behaviour where the landscape and streetscape of our country are being blighted by such wanton acts.
Denis Naughten (Roscommon-Galway, Independent)
This anomaly in the legislation must be addressed urgently, as it is effectively allowing an open season for illegal dumping, including fly tipping, at a time when our citizens are reliant on these tracks and trails. The plan is to address the anomaly in the circular economy Bill. This will help to ensure that the processing of personal data, including video evidence, can be carried out by local authorities with an objective of trying to stop the scourge of illegal dumping. As the Taoiseach knows, however, the pandemic will be over by the time the councils have the tools to enforce the law. I ask that he facilitate the early passage of the Labour Party’s Bill in Seanad Éireann, which would close off this loophole and include an amendment that would facilitate the practical implementation of the current law, which allows for the confiscation of vehicles used in this activity. Unless we act immediately and hit those people who are carrying out these acts of economic and environmental treason where it hurts them the most, we will all suffer.
Micheál Martin (Taoiseach, Department of An Taoiseach; Cork South Central, Fianna Fail)
I know the Minister is anxious to progress the legislation, resolve this issue, give capacity to local authorities to use the latest technologies, with respect to the right to privacy, to deal with illegal dumping, and use the full range of anti-dumping measures available to the Government. Working with community organisations across the country, additional funding was allocated through the anti-dumping initiative. That was a further €3 million, which will facilitate approximately 300 projects across the country involving local authorities and community groups. Further funding of €1 million per annum was provided to support the activities of the waste enforcement regional lead authorities and €7.4 million per annum to the network of 150 local authority waste enforcement officers. The fundamental issue around the data protection issue and CCTV utilisation needs to be resolved.