Dáil debates

Wednesday, 25 January 2012

Water Services (Amendment) Bill 2011 [Seanad]: Report Stage (Resumed)

 

5:00 pm

Photo of Michael ColreavyMichael Colreavy (Sligo-North Leitrim, Sinn Fein)

As this is my first time to speak on this Bill I wish to briefly set out the context. I will not delay as I am conscious that there are many amendments to be considered. It should not be necessary for anybody to have to say that it is in all our interests to have clean water throughout the length and breadth of Ireland. Every person in this House would agree, as would the good people from Connemara who left home at 6 a.m. this morning to travel to the gates of Leinster House; they all want clean water. Everybody outside this House wants clean water. The only reason I say this is that some of the contributions from some speakers on the Government side of the House seem to imply that because amendments are put forward we do not want clean water or we are prepared to live with risky water. That is not the case.

Because of the number of amendments, a statistician would be drawn to the conclusion that it is probably faulty legislation in the first place. People in rural areas are now to be penalised because of the failure of the previous Government - and it was a failure - to introduce a waste water inspection and management system and the decision of the present Government to go ahead with this proposed legislation to fill that gap. This action is not based on any clinical or measurable findings as to levels of pollution; it is based on the fact that the EU Court of Justice found there was a failure on the part of the Irish Government to provide a waste water management system. Legislation already exists to deal with those who cause pollution of our waterways. However, instead of introducing a pollution monitoring and management system, it now appears the Government is setting out to push through legislation when the impact of this legislation cannot be known. There is nothing specific about this legislation; it is only specific with regard to commencement dates. This is very dangerous were the Bill to be passed in its present form.

This morning, the Minister asked for trust. He asked us to trust him and to allow the legislation to go through and everything would be all right. The Minister will understand that some people will have great difficulty in trusting something in a Government which appears to be more concerned about bailing out reckless financial gamblers than it is about protecting the interests of Irish people. I would identify the gaps that have to be filled before this legislation can proceed. Those gaps include the required standard of the septic tanks, and we have already had a vote on that. There is nothing specific in that. Will the standard of the septic tanks be uniform or will it vary according to the level of risk presenting? For example, there is the proximity to water courses or prevailing soil types.

We were delighted to have the Minister in Leitrim quite recently but it is a pity the visit was at night. If he had come during the day he would have seen the beautiful glens, hills, mountains, lakes and rivers, although we have "challenging" soil types in Leitrim and parts of Sligo. At this time we do not know if the standards that the Minister will devise will apply across the country or according to prevailing soil types. We need to know exactly what financial support will be provided to people who find that their systems do not comply with the new standards, whatever they will be. What will happen if a person is ordered to upgrade a septic tank and treatment system but the upgrade requires additional ground which is not available? What will happen if the adjoining soil - even if it is owned by the person in question - is inadequate? It may have been adequate when the septic tank was installed but it may be inadequate now.

It is very wrong that this legislation will criminalise people who stuck by the rules and did what they were told. Standards have changed so these people will be outside the law. Until such gaps are filled and we can be assured that there will be equality of treatment for those who live in rural areas and those who live in urban areas, the Minister should not expect trust from the people. This legislation should not proceed.

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