• You are here:
• Home /
• Press Releases

Press Releases

Investigation Report into the operation by local authorities of waiver schemes for refuse collection charges

Date released: 20.10.2008

The Ombudsman, Emily O'Reilly, today (20 Oct 2008) published her report into the operation of waiver schemes by local authorities for refuse collection charges.

Commenting on the report findings, the Ombudsman said, "I found the multiplicity and diversity of schemes and the absence in some cases of any waiver provision to be surprising. Overall, I concluded that the system is a shambles. To illustrate by some concrete examples: a total of seven local authorities have no waiver system at all in place, on the grounds that the service is provided exclusively by private operators, others only give waivers for refuse not collected by private operators, one county has three different waiver schemes in place, while the average value of an annual waiver varied from €40 to €357".

The attention of the Ombudsman was initially drawn to the issue in 2006, following a complaint by a public representative on behalf of a number of low income householders who had been refused waivers by Waterford County Council. Following a preliminary assessment of the complaint, which is being pursued separately with the Council, the Ombudsman decided to carry out a general investigation into waste charges waiver schemes, as operated in a representative sample of twenty-three local authorities. Key aims of the investigation were to establish the terms and qualifying criteria of the waiver schemes administered by local authorities for refuse charges, as well as consideration of any adverse effects on low income households of the failure of local authorities to grant waivers in deserving cases.

"The report highlights a significant social policy deficit, with local authorities increasingly driven by commercial considerations, while the needs of the poorest and most vulnerable people in society suffer", said the Ombudsman.

"At my invitation, a number of bodies were invited to make submissions to my office on the issue. These highlighted, for example, the plight of pensioners and the erosion of their income by having to pay extra costs like waste charges. Some of the hidden consequences of the absence of a fair waiver scheme, available to all in need on an equal basis, were voiced.

These included rubbish build-up and anti-social dumping. Also, the experience related of medical burns units in our hospitals treating increasing numbers of low income people who turned to burning their refuse as a way out, with all the dangers associated with such activity", added Ms O'Reilly.

The primary concern of the investigation was to highlight the unfairness in the administration of waste waiver schemes and to focus particular attention on how badly the present system impacts on people, stated the Ombudsman. The report sets out a series of recommendations which the Ombudsman believes should be implemented as a priority by the Department of the Environment, Heritage and Local Government and local authorities, to address the problems.

Given the responsibilities of the Department of the Environment, Heritage and Local Government in relation to local government matters, the Ombudsman recommends that the Department take a lead role in helping and encouraging local authorities by:

• carrying out a review of the administrative inconsistencies and anomalies that exist in waiver schemes throughout the country;
• devising guidelines for local authorities that will assist them in achieving fairness, equity and consistency in the administration of waiver schemes;
• addressing the legal position relating to the provision of waiver schemes where the waste collection service has been full privatised;
• expediting consideration of the regulation of the waste management sector with particular reference to the needs of low-income households with a view to ensuring that all households availing of such services, from whatever source, are facilitated with a waste waiver scheme.

The Department will be asked to report to the Ombudsman, at six monthly intervals, on progress in implementing these four recommendations.

The Ombudsman also recommended that each local authority take immediate steps to:

• ensure it has in place a waste waiver scheme that caters for hardship cases in a fair, equitable and consistent manner; and
• review its position regarding clients of private operators to ensure hardship cases are provided with relief.

The Ombudsman intends to ask each local authority to furnish her with a progress report on the implementation of these recommendations, 12 months after the date of publication of the report.

The Ombudsman said that she was heartened that the Department of the Environment, Heritage and Local Government, to whom she provided an advanced copy of the report, has welcomed the report and accepted that the existing regulatory framework requires modernisation. The Department has also assured her that it will be giving the report and her recommendations the fullest consideration, in the context of the ongoing review of the regulation of the whole waste management sector.

Concluding, the Ombudsman said, "My office looks forward to working closely with the Department and local authorities in the coming months in delivering solutions to the unfair waivers system and to help those most badly affected".