COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, June 23, 2015

MOTION NO. 4

MOTION: Councillor P. Gogarty

Cathaoirleach's Business

"That this Committee calls on the Council to investigate the potential for setting up a register of litter offenders where the Council has prosecuted those guilty of litter offences; including allowing photographic and video evidence from members of the public should such practices be found to meet legal requirements and to outline in general how enforcement for smaller offences such as dropping cigarette butts, wrappers etc. can be increased given the small number of litter wardens in the County."

REPORT:

Along with others, South Dublin County Council introduced a 'Name and Shame' policy in 2007, which set out the names and addresses of persons that were convicted by the District Court for offences under the Litter Pollution Act 1997, as amended, in the Council's administrative area. 

The information relating to those convicted was published in the national newspapers.  However, the Department of the Environment, Community and Local Government (formerly known as the Department of the Environment, Heritage and Local Government) advised South Dublin County Council in July 2010 that publication of names and addresses of offenders in the press (other than through court reports) was in breach of the principles of data protection. Consequently, this practice was discontinued in 2010 and cannot crrently be reintroduced.

The Litter Pollution Act 1997, as amended, (the Act) provides for the prevention and control of litter pollution.  It defines the responsibilities of various sectors and individuals and details enforcement procedures and penalties. 'Litter' is defined in the Act as:

     a substance or object, whether or not intended as waste (other than waste within the meaning of the Waste Management Act 1996, which is properly consigned for disposal) that, when deposited in a place other than a litter receptacle or other place lawfully designated for the deposit, is or is likely to become unsightly, deleterious, nauseous or unsanitary, whether by itself or with any other such substance or object, and regardless of its size or volume or the extent of the deposit. 

The process associated with investigation of illegal dumping has been well documented to date. The Council currently employs four full time Litter Wardens who patrol the county at large and enforce all aspects of the Act. To date in 2015, a total of 258 litter fines have been issued for illegal dumping and littering offences.  

Section 10 of the Litter Pollution Act 1997, as amended, requires Local Authorities to make and implement a Litter Management Plan and to review its Litter Management Plan at least every three years.  A full review of the current Litter Management Plan 2011-2014 was recently undertaken and has informed the drafting of the new Litter Management Plan which will be published as part of a formal consultation process next week. 

A comprehensive implementation plan will be appended to the draft plan and cover all aspects of the Council's approach to addressing the negative impacts of litter on our county, improve the quality of life and sense of wellbeing of our residents, and enhance our commercial and tourism potential through the effective and efficient enforcement of legislation and regulation, management and maintenance of our public realm and communication, education and awareness. 

As always, the Council is dependant on the co-operation and assistance of members of the public to report littering and provide witness testimony, including attendance in Court, if necessary.