The Waste Management (Amendment) Bill 2001 is before the Dail today.
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Minister for the Environment Mr Noel Dempsey
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Under the Bill, Waste Management Planning would become an executive function of the local authority manager, while the power to vary or replace a plan will remain a function of the elected members of the local authorities.
The Bill also provides for the introduction of a landfill levy and a levy on plastic shopping bags, together with the establishment of an "Environmental Fund".
Minister Dempsey, addressing the Dail, said various legal options have been considered by his Department and it concluded that existing regulatory powers are not enough to ensure a satisfactory outcome for waste management.
He said national and EU targets for waste recovery and the diversion of wastes from landfill must be met, and pointed out the EU Commission has taken a case against Ireland because of the ongoing failure to respect waste planning obligations.
"A judgement against Ireland may be unavoidable, particularly if authorities persist in their refusal to adopt the balanced and comprehensive plans before them."
The Bill has received criticism for being undemocratic from opposition parties at the time of its publication, and this was echoed in the Dáil today.
Fine Gael’s spokesperson on environmental protection, Ms Deirdre Clune today criticised the bill, calling it "another nail in the coffin for local democracy".
"The Minister is proposing to remove powers from local authority members, the elected representatives of the people, to adopt waste management plans. It is proposed that these powers will now pass to the managers, who are unelected, unaccountable and have no obligation to consult locally."
The Labour Party's Environment spokesperson Mr Eamon Gilmore, said the bill would allow incinerators and superdumps to be built without going through normal planning procedures.
"The Bill is removing every single opportunity which the public has to effectively oppose plans for incineration or superdumps".