5 July 2001 Edition
Waste Bill is ``totally anti-democratic''
``Totally anti-democratic'' was how Cavan/Monaghan Sinn Féin TD Caoimhghín Ó Caoláin described government legislation which takes powers over waste management away from the elected members of local authorities in order to push through government plans for waste incinerators around the country.
The government Bill is inadequate and was gutted when one of its few real reforms, the ending of the dual mandate, was removed - Caoimhghín Ó Caoláin TD
Addressing the Dáil, and later the Committee on the Environment and Local Government, of which he is a member, Ó Caoláin said the Waste Management (Amendment) Bill was being enacted because all local authorities did not rubber stamp the government's plan for incinerators. Powers were being given to City and County Managers who will ``do the minister's bidding''. Speaking in the Dáil on 28 June, Ó Caoláin said:
``In 1999 the government asked the electorate to endorse an amendment which for the first time placed local government in the Constitution. The amendment was duly endorsed in this jurisdiction on the same day that local elections were held. Article 28(a) of that amendment states that the State recognises the role of local government in providing a forum for the democratic representation of local communities in exercising and performing at local level powers and functions conferred by law, and in promoting by its initiative the interests of such communities.''
He said the Bill ``makes a mockery of that constitutional amendment which the government regarded at the time as the jewel in the crown of its proposed reform of local government. Last week, the Local Government Bill, 2000, passed Committee Stage. It was and is inadequate, regardless of any amendments that may be made on Report Stage. It was gutted when one of the few real reforms in the Bill, the ending of the dual mandate, was removed.
``The Bill was to usher in a new era for local government but it does nothing of the sort. There is no empowerment and no enhancement of local democracy. Some local authorities did not follow the wishes of the Minister of the Environment and Local Government and because they did not accept the minister's diktat, powers with regard to waste management are now to be taken away from elected members of local authorities and placed in the hands of the unelected city and county managers. On the day this Bill was published, the government's commitment to local democracy was exposed as a complete sham.
``The regionalisation of waste management planning has also been exposed as an elaborate hoax designed to fool the people and their public representatives into believing this is a democratic process. In the north east region, which includes my constituency of Cavan-Monaghan, the Sinn Féin councillors on Monaghan County Council succeeded in having adopted a series of amendments to the waste management plan. These include a requirement that household waste collection be carried out in both rural and urban areas, a definite target for waste reduction by industry to be met within the lifetime of the plan, and support for innovative schemes to recycle agricultural waste.
``We soon found that, in the supposed regional model of planning adopted by the government, there was no provision for such amendments to be made. Each local authority was expected to simply rubber-stamp the regional plan. Colleagues in my group voted against the plan because of the inclusion of incineration but regrettably it was passed on the collective vote of Fianna Fáil and Fine Gael members - a pattern sadly repeated throughout the State, although not in all cases.''
At the Committee Stage of the Bill on Tuesday, Ó Caoláin tabled an amendment for the power to adopt waste management plans to be retained by elected local authority members. He pointed out that in the MC O'Sullivan Draft Waste Management Plan for the North East Region, only 17% of households in Cavan would have the segregated waste collection service available to them. Only marginally more would have the service in Monaghan. Ó Caoláin said the plan needed to be ``rural proofed'' and this was why Sinn Féin councillors had tabled an amendment to extend the service to all households. This was adopted by Monaghan County Council but under the new Bill these amendments would not apply.
The Sinn Féin TD rejected a statement at the Committee by Minister of State Bobby Molloy, who said local authorities had not taken their responsibility seriously. Ó Caoláin cited the alternative plan for the North East region produced by his office, which included an innovative scheme for the biological treatment of spent mushroom compost and poultry litter. ``The effort and energy put into this proposal showed the seriousness of elected members on the issue,'' he said.
The Bill was being pushed, said the Sinn Féin TD, after some local authorities had refused to adopt Waste Management Plans because they were opposed to the government's incineration proposals. In County Louth his colleague, Sinn Féin Councillor Arthur Morgan, had successfully challenged in the High Court that Council's reversal of its earlier rejection of the plan, the proposers of reversal not having secured the required two-thirds majority. As a result, the minister was taking away the powers of all elected members.
Ó Caoláin outlined his opposition to incinerators on both health and waste management grounds. They will require a ``constant stream'' of waste to operate, he pointed out. He appealed to the government side to relent and said there was no need for a ``gulf'' between political parties on this issue. The Sinn Féin TD said that the Chairperson of the Committee, Deputy Jackie Healy Rae, and his Independent colleagues, had recently secured the withdrawal of the government's proposal to end the dual mandate whereby Oireachtas members would not be allowed to be members of local authorities. While Ó Caoláin disagreed with this he recognised the Chair's commitment to local government but the Waste Bill attacked local democracy. The Independent deputies would pay a political price for supporting it but would win respect if, at this late stage, they withdrew their support.
Debate on the Bill is due to conclude on Friday, the day the Dáil adjourns for the summer recess.
The government Bill is inadequate and was gutted when one of its few real reforms, the ending of the dual mandate, was removed - Caoimhghín Ó Caoláin TD
Addressing the Dáil, and later the Committee on the Environment and Local Government, of which he is a member, Ó Caoláin said the Waste Management (Amendment) Bill was being enacted because all local authorities did not rubber stamp the government's plan for incinerators. Powers were being given to City and County Managers who will ``do the minister's bidding''. Speaking in the Dáil on 28 June, Ó Caoláin said:
``In 1999 the government asked the electorate to endorse an amendment which for the first time placed local government in the Constitution. The amendment was duly endorsed in this jurisdiction on the same day that local elections were held. Article 28(a) of that amendment states that the State recognises the role of local government in providing a forum for the democratic representation of local communities in exercising and performing at local level powers and functions conferred by law, and in promoting by its initiative the interests of such communities.''
He said the Bill ``makes a mockery of that constitutional amendment which the government regarded at the time as the jewel in the crown of its proposed reform of local government. Last week, the Local Government Bill, 2000, passed Committee Stage. It was and is inadequate, regardless of any amendments that may be made on Report Stage. It was gutted when one of the few real reforms in the Bill, the ending of the dual mandate, was removed.
``The Bill was to usher in a new era for local government but it does nothing of the sort. There is no empowerment and no enhancement of local democracy. Some local authorities did not follow the wishes of the Minister of the Environment and Local Government and because they did not accept the minister's diktat, powers with regard to waste management are now to be taken away from elected members of local authorities and placed in the hands of the unelected city and county managers. On the day this Bill was published, the government's commitment to local democracy was exposed as a complete sham.
``The regionalisation of waste management planning has also been exposed as an elaborate hoax designed to fool the people and their public representatives into believing this is a democratic process. In the north east region, which includes my constituency of Cavan-Monaghan, the Sinn Féin councillors on Monaghan County Council succeeded in having adopted a series of amendments to the waste management plan. These include a requirement that household waste collection be carried out in both rural and urban areas, a definite target for waste reduction by industry to be met within the lifetime of the plan, and support for innovative schemes to recycle agricultural waste.
``We soon found that, in the supposed regional model of planning adopted by the government, there was no provision for such amendments to be made. Each local authority was expected to simply rubber-stamp the regional plan. Colleagues in my group voted against the plan because of the inclusion of incineration but regrettably it was passed on the collective vote of Fianna Fáil and Fine Gael members - a pattern sadly repeated throughout the State, although not in all cases.''
At the Committee Stage of the Bill on Tuesday, Ó Caoláin tabled an amendment for the power to adopt waste management plans to be retained by elected local authority members. He pointed out that in the MC O'Sullivan Draft Waste Management Plan for the North East Region, only 17% of households in Cavan would have the segregated waste collection service available to them. Only marginally more would have the service in Monaghan. Ó Caoláin said the plan needed to be ``rural proofed'' and this was why Sinn Féin councillors had tabled an amendment to extend the service to all households. This was adopted by Monaghan County Council but under the new Bill these amendments would not apply.
The Sinn Féin TD rejected a statement at the Committee by Minister of State Bobby Molloy, who said local authorities had not taken their responsibility seriously. Ó Caoláin cited the alternative plan for the North East region produced by his office, which included an innovative scheme for the biological treatment of spent mushroom compost and poultry litter. ``The effort and energy put into this proposal showed the seriousness of elected members on the issue,'' he said.
The Bill was being pushed, said the Sinn Féin TD, after some local authorities had refused to adopt Waste Management Plans because they were opposed to the government's incineration proposals. In County Louth his colleague, Sinn Féin Councillor Arthur Morgan, had successfully challenged in the High Court that Council's reversal of its earlier rejection of the plan, the proposers of reversal not having secured the required two-thirds majority. As a result, the minister was taking away the powers of all elected members.
Ó Caoláin outlined his opposition to incinerators on both health and waste management grounds. They will require a ``constant stream'' of waste to operate, he pointed out. He appealed to the government side to relent and said there was no need for a ``gulf'' between political parties on this issue. The Sinn Féin TD said that the Chairperson of the Committee, Deputy Jackie Healy Rae, and his Independent colleagues, had recently secured the withdrawal of the government's proposal to end the dual mandate whereby Oireachtas members would not be allowed to be members of local authorities. While Ó Caoláin disagreed with this he recognised the Chair's commitment to local government but the Waste Bill attacked local democracy. The Independent deputies would pay a political price for supporting it but would win respect if, at this late stage, they withdrew their support.
Debate on the Bill is due to conclude on Friday, the day the Dáil adjourns for the summer recess.