Councils lose control of waste charges

Local councillors will no longer have any function in deciding on household waste charges or regional waste management plans …

Local councillors will no longer have any function in deciding on household waste charges or regional waste management plans under legislation published by the Minister for the Environment, Mr Cullen.

The Protection of the Environment Bill 2003 also gives local authorities explicit power to stop collecting domestic waste from householders who have not paid charges, to overcome a Supreme Court judgment in late 2001 that they did not have the right to do so.

Although the Supreme Court's judgment did not challenge the power to levy charges, its effect was that local authorities could only seek recovery of unpaid charges as a normal contract debt - except where charges are waived for those who cannot afford to pay.

"I propose to allow local authorities to respond in the most direct manner to those who will not pay for services provided," Mr Cullen said. "It is simply not acceptable that people who refuse to pay for their waste service should have the luxury of having their waste collected."

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Deciding on the imposition of charges will in future be exclusively an executive function, to be exercised by city and county managers.

Elected councils which oppose waste charges would only have the option of voting down the annual estimates, thereby risking abolition.

The power to adopt waste management plans will also be transferred permanently to city and county managers. Controversially, this power was introduced as a temporary measure in April 2001 to overcome opposition by some councils to the first tranche of such plans.

"If we are to avoid a waste crisis, we must pursue these plans vigorously to deliver the integrated infrastructure necessary to maximise waste prevention, reuse and recycling and ensure the environmentally sound disposal of waste that cannot be eliminated or utilised," the Minister said.

But the Green Party's environment spokesman, Mr Ciaran Cuffe TD, said the measure would "create a permanent democratic deficit in local government", and he accused the Government of using the Bill to promote municipal waste incineration "by the back door".

Noting that the real cost of waste management had been estimated by Mr Cullen at close to €600 per household per annum, Mr Cuffe said: "Once this Bill is passed, county managers will be able to pass increased waste charges on to the consumer, without any democratic input."

The Labour Party's environment spokesman, Mr Eamon Gilmore TD, also attacked the Bill, saying it would mean that households could face an annual "bin tax" of €572 per year - and even more if there is a "green bin" collection. His party would oppose such "back-door taxation".

The Bill amends the Litter Pollution Act 1997 by giving local authorities more power to make anti-litter by-laws and increasing litter fines to a maximum of €3,000 (from £1,500) on summary conviction and €130,000 on indictment, with daily penalties for continuing offences.

Mr Cullen described the Bill as "a cornerstone of improved environmental performance", saying he made "no apology" for the "tough decisions" it contains. With a view to its enactment "as soon as possible", it is to be debated in the Seanad as early as next week.

Apart from new measures dealing with waste management, the Bill redefines the Environmental Protection Agency's Integrated Pollution Control (IPC) licensing system to bring it into line with a wider EU directive on Integrated Pollution Prevention and Control (IPPC).

Key changes to the licensing regime include a greater emphasis on pollution prevention and minimising environmental problems at source, energy efficiency, wider application to the food processing sector and a new power for the EPA to regulate greenhouse gas emissions.

Frank McDonald

Frank McDonald

Frank McDonald, a contributor to The Irish Times, is the newspaper's former environment editor