Sir, - The decision by a judge in a Dublin District Court to dismiss cases brought by Dublin City Council against motorists who allegedly committed a litter offence by throwing cigarette butts out of their car windows, seriously undermines the implementation of the Litter Pollution Act, 1997.
The judge refused to convict on the grounds that litter wardens failed to produce the offending items in court. The offences had happened more than six months prior to the cases coming for hearing.
This decision raises a number of key questions:
Does a judge seriously expect a litter warden, or indeed any other citizen of this republic, be they judge or janitor, to bend down and pick up cigarette butts red-hot from the mouths of passing smokers?
Will a judge in future require DNA testing to verify the exact ownership of the specimens?
Will judges henceforth demand similar levels of proof in respect of other prohibited items of litter - the residue of take-away food or dog fouling, for example?
Our country has a very serious problem with litter. This will inevitably damage our economic future. It will put the tourist industry at risk. It will put the food and catering industry at risk.The filth and dirt that is a feature of litter sends out very visible messages about our standards of cleanliness, hygiene and civic pride.
Enforcement of the Litter Pollution Act is a tough task. Litter wardens need all the support they can get in their endeavours to do their duty. Judges must now ask themselves if, in their interpretation of the Litter Pollution Act, they are part of the problem or part of the solution. I have advised Dublin City Council to appeal this decision without delay. - Yours, etc.,
MÁIRÍN QUILL, Wellington Road, Cork.