THOUSANDS OF people on low incomes are not receiving bin tax waivers because the system of refuse collection charges is a "shambles", according to an investigation by Ombudsman Emily O'Reilly.
In a report published yesterday, Ms O'Reilly found there was no waiver system in operation in at least seven local authorities, on the grounds that the service was provided exclusively by private operators.
Other local authorities only gave waivers for refuse not collected by private operators, while one local authority had three different waiver schemes in place.
The cost of bin waivers also varies dramatically in different local authorities, ranging from around €40 to €357 a year.
"The multiplicity and diversity of schemes is a shambles. Where somebody lives or who collects their rubbish should not determine whether they can get a waiver of how much of the charge is set aside," Ms O'Reilly said.
"The report highlights a significant social policy deficit, with local authorities increasingly driven by commercial considerations, while the needs of the poorest and least protected in society suffer."
On the issue of whether many households may be entitled to a refund by their local authorities, Ms O'Reilly said she will examine individual complaints on a case-by-case basis.
She said a number of complaints in Co Waterford, which led to the establishment of the investigation, are still being examined by her office.
Waterford TD John Deasy, who initially highlighted the problem on behalf of several low-income families in his constituency, yesterday welcomed the investigation.
"This report has come about because of the attitude of a few officials in Waterford County Council. They refused to acknowledge publicly that their waiver scheme was unfair to some of the poorest people in the county, even though they privately admitted that it was unfair. Time and again I asked them to contact social welfare to correct the scheme but they refused," he said.
Groups like the Society of St Vincent de Paul and the Combat Poverty Agency have provided examples of how waste charges are impacting on some of the most vulnerable members of society.
They say there has been an increase in the number of people on low incomes who were injured after they resorted to burning rubbish to make ends meet.
A significant number of low-income families have also taken to storing rubbish in their back gardens.
The Ombudsman has called on the Department of Environment to take a lead role in ensuring the waiver system is applied across the State in a fairer and more equitable way.
She has asked the department to report to her on a six-monthly basis on progress in improving the bin waiver system.
Her report sets out a series of recommendations that Ms O'Reilly said should be implemented as a priority by the department. These include:
• Carrying out a review of administrative anomalies that exist in waiver schemes across the State;
• Producing guidelines for local authorities to assist them in achieving fairness and consistency in their waiver schemes, and
• Addressing the gap in the law that does not place any obligation on private operators to provide waivers.
Ms O'Reilly said that she intended to ask each local authority to provide her with a progress report on the implementation of her recommendations within the next year.
In addition, she said she was heartened that the department had welcomed the report and accepted that the current system requires modernisation.
