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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Illegal dumping and seizure powers

Summary

Deputy Grealish raises widespread illegal dumping, argues that CCTV evidence and current penalties are inadequate, and calls for stronger laws and immediate vehicle seizure. The Taoiseach condemns the dumping, says current legislation already allows vehicle seizure, and says he has asked the Minister to examine whether further powers are needed.

We have a ridiculous situation in many parts of the country today whereby a person caught on CCTV cameras in the act of dumping illegally cannot be brought to court on the basis of that evidence. Illegal dumping has gotten completely out of control all over the country in the past few years and it will get worse unless drastic action is taken urgently. I sent pictures to the Taoiseach's office on Monday to show him what is happening in just one case on the outskirts of Galway city. I could send him hundreds of examples of cases, as could all Members in this House. People arrive late at night and just dump rubbish on the side of the road or in a farmer's field. I am talking here about van loads of rubbish, not just a few bags. It is then left up to farmers, local communities and local authorities to clean up the mess, at huge cost. These people keep coming back and keep dumping because they are getting away with it and they know that they will not be caught because gardaí and the local authorities do not have the resources to catch them.

This illegal dumping is destroying our countryside, towns and villages and most importantly, our environment. I have seen rubbish, including empty paint cans and dead animals, in streams and rivers that feed into the lakes that supply our drinking water. The craziest aspect of all of this is that councils are being prevented from using CCTV footage to prosecute people carrying out this dumping because of a ridiculous ruling by the Data Protection Commissioner, DPC. Galway County Council is one of the local authorities that was specifically ordered not to use CCTV images by the DPC, following an audit. To add to the craziness, many other local authorities around the country continue to use CCTV footage as evidence in court cases because they have not received a similar order from the DPC as of yet.

I have always said we should hit illegal dumpers where it hurts and it must hurt them hard. A specialist task force must be set up to deal with this epidemic and it must have power. When I last raised this issue with the Taoiseach in July, he promised to talk to the Minister responsible about setting up such a task force. If a vehicle or van loaded with rubbish is stopped and the person driving it has no waste disposal permit or if he or she is observed illegally dumping, gardaí and local authorities must have the power to seize the vehicle and a substantial fine in excess of €5,000 must be paid before that vehicle is released.

Will the Taoiseach deal with the crazy issue concerning the DPC and the non-use of CCTV footage? Will he set up a task force to deal with illegal dumping involving An Garda Síochána, local authorities and all stakeholders before our countryside, towns and villages are completely destroyed? Will the Government introduce solid legislation to give power and funding to local authorities and gardaí so that they can seize the vehicles of those involved in illegal dumping and introduce a fine in excess of €5,000 before culprits get seized vehicles back?

Comment on this

I thank the Deputy for raising this issue. I have the photographs here that the Deputy sent to my office during the week. They are quite shocking in terms of the appalling levels of dumping in which people are engaging. Illegal dumping is an attack on our society, our communities and our pristine landscape and there should be zero tolerance for that type of behaviour. The fines are quite significant for those found to be responsible for the unauthorised disposal of waste. 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 and-or imprisonment for up to ten years for more serious breaches.

The Deputy raised the issue of the use of CCTV data. As he knows, the Data Protection Commissioner provides guidance concerning statutory obligations placed on those who use CCTV systems to collect personal data and the rights of and redress mechanisms available to individuals whose personal data are collected by such means. My understanding is the Data Protection Commissioner has written to the Minister for Environment, Climate and Communications concerning data protection issues with the use of CCTV cameras for litter and waste enforcement purposes. Apparently, it is the view of the Data Protection Commissioner that although the Litter Pollution Acts and the Waste Management Act provide councils 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. This advice is currently being considered by the Minister, Deputy Eamon Ryan, and his Department and is subject to legal consideration and advice.

In my view, privacy rights should not apply to people who are dumping illegally and if legislation is required to correct this, then it will be brought about urgently. I spoke to the Minister this morning. I understand the need for privacy and for property rights to be protected. On the other hand, we can overdo this. I think CCTV should be used to catch illegal dumpers and to prosecute them, and there should be no issue around that. In my view, most people applying a bit of common sense would say that is obviously what should happen because we all know the wanton dumping going on, which is shocking and needs to be stamped out. CCTV evidence should be available to be used in evidence against people who are doing this on a consistent basis, as the Deputy said.

If legislation has to be brought in, it should be brought in very urgently. I know the Minister's Department is looking to get legal advice in this regard but it is unsatisfactory that such a situation arises and that, essentially, councils are hamstrung and not in a position to pursue people who are flagrantly abusing the law.

Comment on this

There was a case a number of years ago in Galway where they were able to use CCTV. One culprit was brought to court, but he was only fined €200 and he was seen a couple of days later dumping illegally. Strong legislation is needed. I firmly believe the only way we are going to hurt these individuals and get them to stop is to strengthen the legislation and to seize the vehicle there and then. We need to take the vehicle from them when it is observed they are dumping illegally and that is proven. Seizing the vehicle is the only way we are going to stop them.

The pictures I sent to the Taoiseach's office were taken less than 1 km from the outskirts of Galway city. It is appalling what is happening and it is not just about Galway because it is happening around the country. If we do not stop this illegal dumping, our countryside is going to be destroyed, including our environment. I ask that the Taoiseach would strengthen the legislation and hit them where it hurts. The vehicle should be seized and we should give the local authorities and the Garda the resources to do that. Hit them where it hurts, take the vehicle from them and let them pay a substantial fine before they get the vehicle back again.

Comment on this

I agree with the Deputy in terms of the appalling impact illegal dumping has on our community, our landscape and the environment, and it needs to be dealt with in an uncompromising way. However, the laws are strong enough in that area, for example, under current waste legislation vehicles involved in the carrying out of suspected unlawful waste activity can be seized and, if it is successfully prosecuted, such vehicles can be disposed of as the competent authority sees fit.

This morning I asked the Minister responsible, Deputy Eamon Ryan, to look at this and I will also ask him if the powers and capacity of the local authorities can be strengthened to make sure there is no legal doubt about the utilisation of CCTV in terms of gathering evidence to investigate and detect illegal dumping, and to prosecute those responsible for illegal dumping. No one in society wants to condone that or facilitate their evasion of prosecution on technical grounds.

Comment on this