20-year dumping battle draws to close

A 20-year-long battle between the government and the EU over the illegal land-fill sites and car dumps polluting the countryside, has finally been closed by the European Commission.

But it needed the European Court of Justice to make legal history to get the country that prides itself on its green image to start the massive clean-up.

The court was so appalled at the Government’s failure to address polluting in 2005, it never actually closed the case, telling the European Commission it could return at any time without going through the drawn-out process if the ruling was not complied with.

The judges saw Ireland’s failure to deal with waste disposal as not just an oversight, but as a failure of the entire system. There were a few threatened trips back to the court with fines of €20 million a year, but the country escaped, keeping just enough ahead.

Ireland was one of the worst, and at times the worst, country in the EU for failing to adopt or implement rules the government had agreed to on the environment, from waste and water to wild life and planning rules.

The first response of the government in many instances was to fight knowing this would take years, often buying time to do nothing until the last minute. Huge sums of taxpayers’ money was spent on civil servants arguing against the cases and eventually employing lawyers to defend them.

The breakthrough came in 2012 when the government agreed to a programme of measures detailing all the steps being taken to comply with the judgement and which was checked and updated twice a year.

The Environmental Protection Agency started identifying illegal sites and prosecuting, extending this to company directors under the EU’s “polluter pays” policy, but it was a long, hard battle sometimes with criminals making handsome profits illegally dumping, often cross border.

Alternatives to landfills have been developed, including recycling and exporting for use as a fuel exporting black bin waste for energy recovery, and places like Haulbowline were rehabilitated.

The EU says the cost of compliance was around €300m that should result in economic benefits — however the damage to the environment by the delays has not been calculated.

Other cases outstanding show a similar disrespect for our natural environment — an assessment found the peatlands, native woodlands and coastal areas where native and often unique wildlife and plants live are under threat with some bound for annihilation. Just 7% of habitats are in good condition with most listed as “poor”.

Friends of the Irish Environment’s Tony Lowes, who has been involved in several complaints to the Commission, described the Commission’s achievements in Ireland as “astonishing”.

However he is now worried about a system called PILOT where governments and the Commission work out their problems but behind closed doors where the public is not entitled to the documents. It has led to a dramatic reduction in infringement cases but Mr Lowes fears it is also reducing standards.

Meanwhile Italy, with stories of mafia involvement in the lucrative waste disposal business, failed to do enough to satisfy the Court and has been fined €40 million with daily penalties of €40m until they resolve the problems.