Fergus O'Dowd (Louth, Fine Gael)

This is an important part of the discussion on the Bill. I agree with Deputy Gilmore that a protracted period of time has passed between the initiation of the Bill and Report Stage. Public opinion has significantly changed in the interim and, in view of the issues raised today regarding Galway's water supply, the amendments need to be more fully considered because the health of the people who drink the water must be paramount.

In some of the decisions made on water supply and septic tanks around Lough Corrib and in areas of my own county, planning permission has been granted without due consideration of water supply issues or the contamination caused by septic tanks. A family in my own area complained to me that their neighbour's septic tank was causing contamination and asked what I could do about the matter. I immediately contacted council officials, who quietly but firmly informed me that a motion under section 140 of the Local Government Act 2001 had been passed by councillors in order to grant planning permission against the wishes of the officials. The health hazard, therefore, had been politically generated. The public is now strongly of the opinion that authoritative protections must be introduced for water supplies. If a local authority takes the view that it is not appropriate to grant permission for a septic tank, even under section 140, because doing so could infringe upon the quality of water, we need to change the law to ensure that permission is not granted in such instances.

This issue does not only arise in respect of individual houses. The Minister will know I am not being political when I say that councillors sometimes have others issues in mind when they make county development plans. The absolute judge on these matters should be the body, such as the EPA, which has statutory responsibility to advise on matters of health or contamination of water supply. I have received representations on planning matters in Bray, in the Minister's county, regarding my opinion of construction on flood plains. A similar problem arose some years ago in Ashbourne, County Meath, where building took place on flood plains.

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