Dublin city councillors have been told they cannot reintroduce the free collection of bulky waste because they could be encouraging “dumping tourism” and cause the entire State to be prosecuted by the EU.
Councillors last November voted to fund the return of free waste collection of items such as mattresses and sofas, which had been discontinued several years ago, as part of the city’s 2022 budget.
However, in a report to councillors, Liam Bergin, executive manager with the council’s environment division, said the council could not allow the service to go ahead.
The move would be “in direct contradiction to European, national and local policy governing waste disposal and specifically ignores the overarching polluter pays principle”.
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It could also incentivise “dumping tourism”, where “non-residents or commercial operators may take advantage of the free service and drop off waste in areas where collection is taking place”.
Mr Bergin was challenged by Fianna Fáil councillor Deirdre Heney at the council’s climate change committee meeting.
“I am very, very disappointed by the disrespect of this report of a decision of Dublin city councillors,” she said. “I have absolutely no doubt in my mind that bulky waste collection reduces the amount of dumped rubbish. That is absolutely undisputable.”
She told Mr Bergin it was the councillors and not the council officials who constituted Dublin City Council (DCC). “I am Dublin City Council,” she said. “I am an elected a member of Dublin City Council and Dublin City Council members voted in favour of putting a certain amount of money aside for the reintroduction of the bulky waste collection free of charge.”
Mr Bergin said he had not been aware of what the councillors were doing at the time of the budget and, had he been forewarned, he would have advised of the illegality of the move.
“I knew it would be problematic as soon as I saw it. I sent it off for legal advice as soon as I saw it,” he said. “But if I had been asked at the time would this have got through? Would we be in a position in DCC to bring it in or indeed the Irish State to bring it in? I would have said no.”
Mr Bergin outlined the consequences of the move, which would involve the European Commission contacting the Department of Foreign Affairs, which would then contact the Department of the Taoiseach, which would then write to the relevant Government departments, which would then contact the chief executive of the council to order that the breach be resolved.
“It’s not that DCC gets in trouble. Ireland is the one that breaches the directive and I am very mindful that we can’t put Ireland in breach of these directives.”
Fianna Fáil councillor Tom Brabazon said Mr Bergin’s report “overplayed the negatives” of the free service. “The report I just think is biased and it seems to be a problem that we are encountering this on the council, that staff are writing reports that are stacked in a way to give a desired result.”
Green Party councillor Michael Pidgeon said councillors had been warned on the night of the budget that free waste collection was “probably illegal”. He added that someone who “dumps a couch on the road” was unlikely to wait several months for the free collection service.
