Tom Fleming (Kerry South, Independent)

My concern in this regard is the involvement of the Environmental Protection Agency, EPA. We are all aware from our involvement at local council level of the stringent conditions imposed by the EPA which have prohibited many people from acquiring planning permission. Many of the treatment plants installed during recent years cost, in terms of installation, testing and so on, in the region of €15,000 to €20,000. There is a grey area with regard to the criteria the inspectors will use and the subsequent policing measures. For instance, when percolation testing was initially introduced more than 20 years ago, it was under the regulations of the National Standards Authority of Ireland. Eolas, a subsidiary of the then Department of Education, was also involved. The regulations were basic but they were effective and were commonly known as Standard Recommendation 6, or SR6.

Some six or seven years ago, Kerry County Council was the first of many local authorities to implement the new EPA guidelines. A number of other councils did not adopt these guidelines until to two or three years ago. Under these guidelines, people from rural areas in Kerry were refused planning permission and were forced to move to small towns and villages. I foresee huge problems for people if the proposed inspections are to be undertaken by the EPA, given its stringent conditions. I respect what the Minister had to say in this regard on Committee Stage. It is to be hoped that he will build that into this legislation.

The Minister has been involved in politics for a long time and is a fair man. He came up through the local authority system and understands people's fears in relation to the inspections. I ask that he take these into account and ensure a tangible and solid provision in respect of inspections is included in the Bill. Also, the standards for inspections should be set by this House. I ask that, even at this late stage, the Minister outline the standards that will apply. Should there be any grey areas in this regard, the public will suffer the consequences. The EPA guidelines are not to be taken lightly. Also, all councils that have implemented them will be required to adhere to them. I ask the Minister to ensure the standards are acceptable and workable.

Most septic tanks are functioning properly. Many of them do not have treatment plants. Regular de-sludging may, however, be necessary, in respect of which the Minister might consider providing grant aid. The Minister has indicated that if the financial affairs of the country permit it, he would consider the introduction of grant aid in respect of those septic tanks requiring upgrade. Perhaps the Minister will clarify the position in this regard.

I believe the Ombudsman's office is a more acceptable option than the courts in respect of appeals. Also, people are concerned about the possibility of huge fines being imposed on them. I ask that the Minister reconsider putting people through the ordeal of having to go to court. I refer to innocent people who have avoided being in that situation down through the years and generations and who take great pride in that fact. Members certainly should ensure this will not befall anyone.

Another matter pertains to group sewerage schemes. Perhaps the Minister will put in place funding in this regard as many areas now have clustered housing and I am sure there would be community involvement, whereby people would get together were appropriate grant aid available. This would solve many of the difficulties. I also ask the Minister to ensure there will not be a big rush of inspections into people's yards without giving proper notice to them. Great concern exists and people have cause for fear, which may be helped by a better sense of awareness. Hopefully this will be the case after today as Members clear up many of the clouds that hang over this measure.

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