Brian Stanley (Laois-Offaly, Sinn Fein)

From my party's point of view, there are a number of issues to be clarified. Before lunch, we were discussing the issue of the fee. The Minister stated that the fee for reinspection would not be €200, but the Bill, at section 70H(7), states that the prescribed fee will not exceed €200. In my experience, that normally means it will be €200.

In its election manifesto, Fine Gael stated it would tackle leaking septic tanks that pollute groundwater. It went on to state:

We will introduce new regulations and standards to address the serious problems associated with septic tanks. As part of our Home Improvement Scheme we will provide short term finance for septic tank remediation assistance for home owners.

Fine Gael went on to promise that it would also temporarily expand the home improvement scheme to include septic tank assistance.

Deputy Hogan, prior to him becoming Minister for the Environment, Community and Local Government and while he was still Fine Gael spokesperson, in "Village" magazine on 3 March, stated that the party would propose a local stimulus package that would meet our climate change objectives as well as our water quality objectives - a home improvement scheme that would use our existing resources in Sustainable Energy Authority of Ireland and, with the local authorities, have a more co-ordinated package in insulation, heating, and septic-tank remediation. Sinn Féin would support such an approach. These election promises seem far from reality. There is no climate change Bill - I asked again last week and a date has not been allocated for it - no stimulus package and no package relating to septic tank remediation.

Due to the inaction of previous Governments - I accept other parties have been culpable while they were in government - on the EU directive, we are in a situation where the State could face a €40 million fine in 2015, a lump-sum €2.7 million fine and daily fines thereafter unless action is taken. This is another fine mess into which the Twiddle Dum and Twiddle Dee type politics has got us.

My party understands the problem and the need to comply with the EU directive, but the difference is we would not punish the ordinary householders. We have fully engaged in the debates on these issues both in the Dáil and in the Seanad. We tabled 47 amendments, the focus of which has been to include local authorities in any reference to waste water services so that the focus of the Bill is not solely on domestic household use. We attempted to remove the cost to the householder by ensuring that any works that had to be done on septic tanks would be funded, through an income related grant scheme, by the Department of the Environment, Community and Local Government. This scheme must cover both social welfare recipients and low-income households where people are involved in agriculture or other activities. The inspection of septic tanks would be done by local authority employees. We also attempted to amend the legislation to ensure that those who failed to pay the fine would have the optimum opportunity to comply without facing the threat of a criminal sanction, to avoid unnecessarily criminalising those in rural areas.

While I am pleased to say the Minster has agreed to take on board some of these matters, the response must be put down in words in the Bill. We look forward to seeing a re-draft of the Bill before it goes to Committee Stage. Commitments must be made in the Bill to ensure rural householders are not penalised financially for upgrading or repairing septic tanks. A more reasonable approach, other than what is outlined in the current draft, is what is needed. Other important issues that need to be dealt with in more detail include an inability to pay waivers for low-income households.

The biggest omission is the lack of detail on what exactly is being inspected. Is it the septic tank, the effluent, soil samples or all three? Section 70G mentions only "subsoil". What are the standards? The Minister has yet to respond to these reasonable concerns. If a septic tank was installed in the 1960s or the 1970s, against what standard is it measured? If a septic tank was installed in 2011, does a different standard apply because, obviously, tanks are now more high-spec? Is it, as the Minster said, that once septic tanks, which were installed in the 1960s or the 1970s are working, they are okay? There are important questions in that regard. Obviously, the quality of water coming out of a treatment system that was installed in the 1960s will be much different from water coming out of a high-tech system that was installed in the past year or two. Has the Minster got agreement from the EU on this? We need an outline of standards by which domestic waste water treatment systems will be measured. This detail must be in the Bill, otherwise we are issuing the Government with a blank cheque. It is not good enough for the Minster to simply dismiss our concerns in this regard. We demand detailed answers in that regard before we can be expected to vote on any Bill. That is only fair and proper.

What is proposed by the Bill is an army of inspectors. I outlined our concerns about this on many occasions. There are technical staff, technicians and engineers in local authorities who are not exactly run off their feet because there is little in the way of new capital works going on, but the Bill proposes an army of inspectors, having paid their €1,000 registration fee, trooping around the country inspecting septic tanks while local authorities reduce staff levels or make staff redundant. If inspections need to be done, local authority staff should carry them out. Local authorities have a considerable bank of information on septic tanks already built up in their areas. If it is found that work needs to be carried out to improve or upgrade septic tanks, let us ensure that income-related grant schemes are available from central government and the EU to enable households to comply with the EU directive.

Sinn Féin believes the Government should explore all funding options currently used for structural development, including INTERREG and the ERDF. An income-related grants scheme must be put in place to assist in any upgrading. As Fine Gael stated before the election, this in turn would act as a stimulus to the current ailing economy and assist in job creation in many rural areas.

The Bill, in its present form, will be a significant imposition on rural communities, particularly on low-income households. It is heavy on sanctions. It sets out provision for up to €5,000 in fines for households. It explains how people will, in effect, be criminalised and how it will penalise rural householders but it does not offer enough by way of assistance and explanation. The Bill needs to be redrafted to focus on how we can work with rural Ireland in the spirit of partnership to protect our environment and, in turn, comply with EU directives.

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