Dáil Éireann Debate, Tuesday - 27 February 2007
198 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government his views on the European Commission proposal to introduce EU-wide minimum sentences for nine offences ranging from dumping toxic waste to unsafe transport of hazardous materials, harming protected plants or species, and unlawful trade in ozone depleting substances; and if he will make a statement on the matter. [7409/07]
Amharc ar fhreagraMy Department is examining the provisions in the European Commission proposals for a directive on the protection of the environment through criminal law. We will be engaging in detailed discussions on the proposal in consultation with the Office of the Attorney General and the Department of Justice Equality and Law Reform.
The Government is fully aware of the importance of effective deterrents for breaches of environmental law and the provisions of the Protection of the Environment Act 2003, the Waste Management Act 1996 and the Water Services Bill 2003, among other legislation, provide for significant penalties for such breaches.
Having regard to the need for penalties for breaches of EU law to be effective, proportionate and dissuasive and in response to court judgments and to the concerns of the European Commission about levels of penalties, the Government is in the process of making an amendment to the European Communities Act 1972 to make provision for the creation on indictable offences in regulations transposing EU law. The maximum penalties provided for are up to three years imprisonment and a fine of up to €500,000. This proposed amending legislation is currently before the Dail.
