Howlin toughens sanctions against litter louts and "vandals"

LITTER louts and dog owners whose hounds are caught defecating in the neighbour's garden could face a fine next year on indictment…

LITTER louts and dog owners whose hounds are caught defecating in the neighbour's garden could face a fine next year on indictment of up to £1,500.

Under new proposals, published yesterday by the Minister for the Environment, the Garda will also be permitted to issue £25 on the spot litter fines. Other provisions in the Litter Pollution Bill give more power to local authorities, and place an obligation on organisers of sporting fixtures and outdoor concerts to ensure there is rubbish control.

Outlining the details, the Minister, Mr Howl in, placed emphasis on education and public awareness, and pledged to change the attitude of a "minority of environmental vandals". Litter was a "major environmental issue", he insisted, quoting surveys by business which had identified it as a major national flaw. The Bill would support his "Action Against Litter" initiative taken earlier this year, he said.

The Bill is to replace the 1982 Litter Act. Among the key changes are an increase in maximum fines on indictment from £800 to £1,500. Local authorities will be able to issue mandatory notices to certain businesses like fast food outlets if they fail to keep their premises litter free.

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The onus on property owners in built up areas - and within the confines of restricted speed limit zones - to ensure their premises are kept free of rubbish has been extended to include the footpath or pavement in front. Flyers on car windscreens may also be outlawed.

Local authorities will be able to regulate or prohibit the distribution of advertising material in the street - the exception being political material during elections.

Dogs are the only domestic animals identified in the Bill. Under section 22, owners must remove faeces immediately, and ensure that it is properly disposed of in a "suitable sanitary matter". This applies to a street or footpath, land around a retail shopping centre, a school ground, sports ground, playing field or recreational area, a beach, the curtilage of a dwelling where the occupier has "not consented to the presence of a dog", and other places which may be prescribed. Exceptions have been made for guide dogs, and working dogs used for herding livestock, or for assisting the Garda or Customs and Excise.

The extension of enforcement powers to the Garda has been condemned by Fianna Fail as an extra burden on the force, but is expected to be welcomed by local authorities, which have pleaded difficulties in effecting the existing legislation. Litter wardens are not empowered to demand identification if an offender gives a false name and address, whereas members of the Garda are.

Currently, Dublin Corporation has only two litter wardens for the whole of the city, and issued 103 prosecutions last year. Of these 103, 81 were convictions with fines ranging from £25 to £800. Eighty on the spot fines were issued in Dublin city, and only 39 were paid.

Commenting on the measures, which are expected to come into force early next year, Fianna Fail's environment spokesman, Mr Noel Dempsey, said the Bill was a "shopping list" and not a serious solution. Mr Dempsey said he welcomed the principles outlined, but the Minister's proposal was "woefully short on effective action". Extending powers to the Garda was a "cynical gimmick", and contradicted the thrust of proposals before the Government on reform of Garda structures, he said.

The Irish Business Against Litter (IBAL) organisation, which represents 16 companies and federations, welcomed the Bill, but said it could only be judged truly in the context of its eventual implementation and enactment. Mr Tom Cavanagh, IBAL chairman, urged local authorities to ensure that the problem of litter pollution received the kind of attention it deserved.

IBEC, the Irish Business and Employers' Confederation, said it fully supported the Bill, which would complement measures announced under the Waste Management Act. The new measures would support a recycling initiative taken by IBEC, known as REPAK, which aimed to ensure that 27 per cent of packaging waste was recycled by 2001, the confederation said.

Dublin Chamber of Commerce also expressed support for the legislation, and said it would co operate in every way. The big problem in Ireland was the tolerance level for litter, Mr Noel Carroll of the chamber said yesterday.

Lorna Siggins

Lorna Siggins

Lorna Siggins is the former western and marine correspondent of The Irish Times