COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, April 14, 2008
MOTION NO.6
MOTION: Councillor A. McGaughey
That the Manager provide a full report on the decision to prohibit competition in the collection of domestic waste and outline the benefits likely to accrue to householders in the County from this decision.
REPORT:
Refuse Collection is one of the most important public services that is provided to any community and a significant social responsibility of a Local Authority. The successful delivery of the service has significant impacts on public health, environment and social inclusion that are not necessarily apparent at first glance. As such one has to view it in the context of an overall service provision rather than as provision to individual residents.
The Variation of the Waste Management Plan was initiated arising from serious concerns in relation to problems being generated by a progressively more fractured market that was arising from the “free for all” nature of the unregulated scene. It also brought the Dublin Waste Management Plan into line with the Waste Management Act 1996. Of principle concern are the public service priorities of universal availability of service (ensuring that all households especially low income or rural households can continue to receive a service); of ensuring that uneconomic routes continue to receive a service; of ensuring that the provision of public facilties for recycling and disposal of waste continue to be provided; of minimising illegal dumping (in as far as that is possible); of controlling carbon emissions and traffic problems by preventing a proliferation of Refuse trucks servicing the same estates at all times of the day and night etc. These priorities are all best served by the new regulated market than they could ever be by a “free for all“ style market where no public service obligation is placed on any of the participants other than the Local Authority. These are the benefits to the public in general.
The Variation changes the Dublin Regional Waste Management Plan to directly reflect Section 33 (1)(a) of the Waste Management Act 1996 -
" 33. —(1) ( a ) Each local authority shall collect, or arrange for the collection of, household waste within its functional area."
The impact of the change has been to bring about a situation where the Local Authority can either provide a Refuse Collection service directly, contract a private operator to do so on its behalf or both for example contract certain routes/classes of waste etc. Rather than being anti-competitive, it is in fact an attempt to regulate a fractured and dysfunctional market. A phrase that can best describe the impact of the Variation is that “competition within the market has been replaced by competition for the market” and is consistent with markets that prevail many European Union member states. The Dublin Local Authorities are satisfied that the Variation is consistent with European Competitive requirements and that it is the most effective way of dealing with the issues involved. The Variation allows the Local Authorities to ensure the provision an efficient, environmentally friendly and socially inclusive Refuse Collection Service while also ensuring that the benefits of open market competition are passed on to householders through the competitive tendering process.
The Variation process included an initial consultation period following publication of a Notice of Intention to Vary the Plan. Submissions were accepted following which a Consultation Paper, accompanied by an Environmental and Technical Report commissioned from RPS Consulting Engineers and an Economics and Competition Policy study from Dr Francis O’Toole of Trinity College Dublin, were placed on public display and further submissions were invited.
Following the receipt of further submissions, a final report was prepared and the decision was taken to vary the plan. It should be noted that motions supporting the proposed Variation were passed unanimously by South Dublin, Dublin City and Fingal County Councils during the consultation process.
The following are the reports that detail the issues referred above -