Denis Naughten (Roscommon-South Leitrim, Independent)
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Dr. Motherway can relax as my question is for the departmental officials, including Mr. Layde. I accept what Mr. Layde said in his opening remarks and in some of his responses that we need more robust regulation and monitoring of regulations regarding our building control system. It is frustrating from everyone's point of view that we are examining this matter after the horse has bolted. It is critical that we do not allow circumstances such as these to arise again, not only in regard to the areas that are now being regulated but also in respect of those areas where we are leaving vacancies in the system. I want to focus on this specifically.

In January of this year, the water services legislation was before the committee. At that stage, the Minister and his officials committed to including provisions in the regulations we are discussing today to regulate contractors who are providing services to the public regarding the upgrading of the septic tanks. In my submission on the draft regulations under the water services legislation, I highlighted that specific issue again.

I was extremely disappointed, when I raised this issue through a parliamentary question in October, to be told there are no plans for regulation in this area. I was told it is the responsibility of the homeowner to ensure the contractor who carries out the work does so to the proper standard. There has been a litany of cases involving fly-by-night contractors putting down tarmacadam and roofing houses. During the building boom, the problem was exacerbated. Fly-by-night contractors were even building apartment blocks, and we now see the consequences.

The last thing we want is rogue contractors telling people, especially the elderly, that on foot of the upcoming inspection regime, their septic tanks will have to be upgraded, perhaps at a cost of €2,500. The contractors may dig a hole with a mini digger, fill it in again and leave with the cash in their back pockets. Six or 12 months later, a local authority inspector may say the tank is not up to standard and must be upgraded. There will be no comeback for an older person in such circumstances. It is crucial that the regulations before us be amended to take account, from February 2013, of contractors who will offer to carry out inspections of septic tanks in addition to the official inspections, or to carry out upgrading works. Contractors have already been advertising their services and making particular claims about what they can do to upgrade and improve septic tanks. This will be compounded next year once the inspection regime is rolled out across the country. I want an assurance from the delegates, as the regulators and supervisors in this area, that there will be proper regulations put in place and that vulnerable people will not be exploited by rogue contractors offering services that they cannot provide.