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Dáil
‹ Leaders' Questions

Environmental waste enforcement and inquiry

Summary

Micheál Martin raised the RTÉ Investigates programme on illegal waste dumping and weak enforcement. The Taoiseach defended local authority responsibility, said enforcement was improving, and said he would consider an inquiry while insisting the cases were being investigated or closed.

People will have been shocked and horrified by the revelations on last evening's "RTÉ Investigates" programme of appalling levels of environmental criminality, pitiful regulatory enforcement and a governance regime which allowed the wholesale and destructive pollution of lakes, rivers, sea, land and forests. It is without question that human health has been placed at risk as a result of the environmental damage being done by this criminality. The programme makers deserve great credit for their work. They revealed a darker and more dangerous aspect of the Wild Atlantic Way. A fragmented and ineffective national waste enforcement regime was laid bare, in particular in the west. We saw issues in Clifden, Tuam, Bray and Moville, County Donegal and much more. Appalling stories were told about the illegal dumping of commercial, construction and household waste, yet the total number of enforcement staff across all local authorities is only 150. What emerged from the programme was that enforcement had to be resourced far more effectively. Funding must also be allocated for a clean-up and waste recovery where illegal dumps are discovered, as illustrated, in particular, in the case of the Bray landfill site. The particular issue of the performance of Donegal County Council's in waste enforcement and management must be investigated. I do not say that lightly. The breach of licence conditions by the operation in Killarney was staggering, yet it appears there was passive tolerance of it early in the journey of the company involved. There was dumping in a special area of conservation near the River Barrow in an extraordinarily brazen way, threatening groundwater, the environmental purity of the area and human health through the leaking of leachate and the presence of asbestos. We saw waste being moved illegally from the South to the North.

Does the Taoiseach accept that the regulatory system governing waste collection and disposal is fragmented, ineffective and poorly resourced? We have had many inquiries but the "RTÉ Investigates" programme is the tip of the iceberg. Will the Taoiseach facilitate a form of fact-finding inquiry to get a truly national picture of the story around waste collection, disposal, enforcement and the application of the regulatory regime right now in the country so that we can find out what is going on in the sector to inform future policy? Will the Minister for Communications, Climate Action and Environment, Deputy Denis Naughten, make himself available to the House this week specifically to answer questions on issues that arise from the "RTÉ Investigates" programme? The Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, might accompany him as well, if it involves areas of local authority enforcement that come under his remit.

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Leo Varadkar The Taoiseach Fine Gael

I thank the Deputy for raising this question. I had the opportunity to watch the programme last night. It was an excellent programme. What we saw last night on "RTÉ Investigates" was a disturbing picture that tells us that we have a long way to go when it comes to waste enforcement in Ireland, and that what is happening in some - perhaps many - parts of the country is seriously harming our environment and certainly harmful to human health.

We have come a long way in Ireland when it comes to waste management and waste enforcement. Only 20 years ago, this was a matter that was solely controlled by local authorities and almost everything went to landfill. I remember those landfills, one such being Dunsink in my constituency where everything was just thrown into a landfill and there was almost no recycling or efforts to reuse or reduce at that time.

It is evident to me, however, and I imagine everyone in this House, that compliance and enforcement is not what it should be. There is significant variation in enforcement from local authority to local authority, as the Deputy Micheál Martin pointed out. He singled out Donegal County Council in particular where enforcement is low. We need to bear in mind that local authorities have a responsibility to decide how they allocate their own resources. Donegal allocates the least compared with other counties and Deputy Micheál Martin will be aware that the largest delegation on that local authority is Fianna Fáil. The second largest is Fine Gael. Of course there are councillors from my party too.

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It is an executive function.

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Leo Varadkar The Taoiseach Fine Gael

I hope Deputy Micheál Martin-----

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That is a silly answer now.

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Order.

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Leo Varadkar The Taoiseach Fine Gael

I hope Deputy Micheál Martin will be talking to his councillors about it. I certainly will be talking to mine about it.

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They have no role. It is the officials.

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Leo Varadkar The Taoiseach Fine Gael

Elected members need to hold the executive to account. That is what elected members do.

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Another regional waste plan.

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Leo Varadkar The Taoiseach Fine Gael

Elected members in this Chamber hold me to account-----

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A Deputy

Not for waste management.

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Leo Varadkar The Taoiseach Fine Gael

-----and I would expect elected members on local authorities to hold their executive to account as well, not least in Donegal.

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It is a serious issue.

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Leo Varadkar The Taoiseach Fine Gael

On compliance, while our compliance rate has improved beyond measure in recent years, our system is far from perfect and it would seem that a certain minority continues to feel that flouting the law is worth the risk. Enforcement is beginning to pay dividends and several important environmental and criminal outcomes in the past year represent a roadmap to put potential illegitimate waste operators permanently out of business. I am informed by the Department of Communications, Climate Action and Environment that several enforcement actions have been initiated and that all of the cases that were raised in "RTÉ Investigates" last night are either under investigation or constitute closed cases. As the programme highlighted, enforcement action against illegal waste operators, including unauthorised collection of waste and illegal dumping, is led by local authorities and the Environmental Protection Agency, EPA, under section 63 of the Waste Management Act 1996, and the Minister is precluded from exercising any power or control in the performance of an agency or local authority in particular circumstances of a statutory function vested in it.

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I am quite disappointed with the Taoiseach's response and the pettiness of it in terms of pointing out the make-up of a council. The Taoiseach will be aware that waste management is exclusively an executive function.

The Taoiseach implies a certain complacency, stating that we have come a long way. I do not believe we have. In some respects we might have but watching last night, the householder thinks he or she is recycling. The householder is doing his or her duty in terms of waste but many of these companies are not. What we thought was going into proper facilities is not going into them. Groundwater is being contaminated.

Land is being contaminated and human health is at risk. We cannot be complacent about this.

The Environmental Protection Agency is not governed by any councillors or group of councillors. It has issues in terms of transfer stations, the degree of enforcement, regular breaches of licences and the lack of any forceful impact from the regulatory regime. This cries out for a more urgent response than the Taoiseach demonstrated in his reply. I asked him if he would facilitate the Minister for Communications, Climate Action and Environment, Deputy Naughten, and the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, coming to the House to take a longer series of questions some time this week because this is an important issue. I also asked if he would have a fact-finding inquiry to try to get a national picture of what was revealed yesterday in the "RTÉ Investigates" programme. We can say we have come a long way and we should move on but a tipping point has been reached, if the House will excuse the pun, and we need to deal with it legislatively. As an Oireachtas, we need to turn a corner and make sure the kind of stuff revealed last night never happens again.

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Leo Varadkar The Taoiseach Fine Gael

Waste management is an executive function of local authorities but it is the role of elected members to hold the executive to account. Those of us in politics who have served as councillors or Deputies should be well aware that it is the role of elected members to hold the executive to account. It is also the role of elected members to set the budget for waste management and enforcement and that budget has to be voted through every year. I am disappointed that Deputy Micheál Martin would seek to absolve elected members of his own party-----

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Leo Varadkar The Taoiseach Fine Gael

-----and indeed any party of any responsibility whatever for holding the executive to account or making decisions on budgetary allocations. We have local government in this country and it should not always pass the buck to others.

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Does the Taoiseach have any responsibility?

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Leo Varadkar The Taoiseach Fine Gael

On the issue of an inquiry, while I would give consideration to an inquiry, as the Deputy rightly pointed out, he calls for an inquiry every week in this House. We cannot always set up inquiries.

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This is the most inquired into of all Governments.

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Leo Varadkar The Taoiseach Fine Gael

I will, however, give consideration to an inquiry in discussion with the Minister, Deputy Naughten. I am informed by the Department that all of the cases raised in the programme last night are either under investigation or have been closed already.

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Move along, there is nothing to see here.

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Leo Varadkar The Taoiseach Fine Gael

With regard to facilitating the two Ministers to come before the House, the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, will take questions this week. It is a matter for the Business Committee to decide whether it can make time available for other Ministers.

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I wanted the Taoiseach to answer a reasonable question, for God's sake.

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