Mattie McGrath (Tipperary South, Independent)

Ag béal mór ag gáire í gcónaí. The Deputy is hiding from the people of Tipperary, but there is nowhere to hide.

Thank God, an inspector from the council will only visit a house by arrangement. Home owners will not wake up in the morning to see inspectors in their back gardens. The Minister has acknowledged that they cannot get away with that, as someone would have been shot or hurt. Common sense was displayed. They would not have been hurt by violent people, but one's home is one's castle. We are discussing people going into the back of a person's house without that person's knowledge, but another Bill means that the owner can use physical force to restrain anyone breaking into the property.

If there is a problem, an inspector can tell an owner to do X, Y or Z to correct it. If there is no problem, everyone can be delighted. If there is, though, a person can appeal. Under duress and following amendments tabled by the Opposition, the Minister changed the cost of the appeal from €200 to €20. Under duress as well, I thank him for doing so. However, another inspector will then come out, presumably also from the local authority. One of the problems, of course, is that we do not know who the inspectors will be. I assume they will be local authority employees, but my own county council has not been able to confirm this for me. The second inspector will hardly condemn the actions of the previous inspector, who we assume will be a colleague from the same office.

If the householder is not satisfied with the findings of the second inspection, he or she must then appeal the matter to the District Court. That is ridiculous. People can be brought to court by the Garda for speeding or whatever, something of which I have experience myself, and one can fight one's case. One must go to the District Court to obtain a public service vehicle licence or pub licence. Are we now to expect ordinary householders to go to the District Court to appeal a decision relating to the standards with which their septic tanks must comply? That amounts to criminalising people.

It also begs the question of what expenses will arise. The District Court might only be the start of it. Solicitors and barristers will be engaged to argue both sides and, before one knows it, the matter could progress on to the Circuit Court and thereafter to the High Court and Supreme Court. It is outrageous. There should be a third party arbitrator, such as An Bord Pleanála in the case of planning issues, which can make decisions in these matters. Driving people into the courts system amounts to a criminalisation of rural householders. There are major issues such as this to consider within the scope of this amendment.

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