Joanna Tuffy (Dublin Mid West, Labour)
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This matter relates to an April 2007 incident of phenol-contaminated drinking water in five group schemes in counties Cavan and Monaghan. It was discovered following complaints by consumers of private water supply schemes about a bad taste and odour. The water was contaminated with phenol by an aluminium chloride product that, according to a HSE report, "was not recommended for use in the treatment of drinking water and was suitable only for waste water treatment". Of the nine group schemes to which such a product was supplied, five were found to have been contaminated.

I welcome the HSE's findings. As phenol is unpalatable at low levels, the HSE found that consumption of water in harmful quantities was unlikely. I commend the work of the HSE and Cavan and Monaghan county councils in response to the incident and in drafting their reports. Cavan County Council pointed out that, had it not been for the unpalatable nature of the phenol, "the health of a large number of consumers could have been compromised". The HSE and the councils found that the water was unfit for human consumption.

This type of incident could recur, although the contaminant might not be as unpalatable as phenol — even phenol carries health risks. There could be a detrimental impact on human health. According to the HSE, greater priority must be given to protection of the consumer. We must ensure that we avoid such incidents in future and that the local authorities and the HSE are empowered and armed to deal with them as efficiently as possible. Much work has been done in respect of private group water schemes under the design, build and operation programme, but safeguards must be put in place. The schemes are private and, while they are monitored by local authorities, there is no Government oversight.

Much work has been invested in the reports, a number of the recommendations in which require Government action, particularly by the Minister for the Environment, Heritage and Local Government. Legislation must be introduced and the councils and the HSE must be properly staffed and resourced if we are to ensure good quality drinking water. The HSE recommends that a national agency, such as the Environmental Protection Agency, should be empowered to actively oversee the management of chemical incidents, particularly where more than one local authority is involved. This would require Government action. Monaghan County Council recommends that the EU drinking water regulations be amended to require the immediate notification of the supervising authorities and-or the HSE by contractors or operators of water schemes in the event of a water quality incident that could affect human health. Both councils identified a problem in assessing suitably accredited laboratories in Ireland and the UK to appropriately test samples. Cavan County Council recommends that there be a central laboratory. All the reports identify and highlight the need for stronger standards regarding the procurement and use of chemicals intended for use in the treatment of drinking water. There are also the difficulties presented by the staff recruitment embargo imposed by the Government. That was highlighted in the Monaghan County Council report which recommended a review of staffing levels to determine what additional resources are needed by local authority water services departments to deal with their day to day duties as well as with this type of incident. All reports identify the need for stronger powers to seize and retain evidence.

The report from Monaghan County Council pointed out that the exact nature and cause of the coagulant contamination remain to be established. The Government must monitor this. It is important that the report's recommendations are acted upon by the Minister and his Department. There are lessons to be learned from the work carried out by the three authorities concerned.

Will the Minister for the Environment, Heritage and Local Government, or the Minister of State meet the HSE and the two county councils? Will action be taken to bring in the necessary legislation? Will the water services departments gain more staff?

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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I thank Deputy Tuffy for raising this on the Adjournment. I am pleased to be able to update the House regarding developments in this case.

Separate investigations into this incident, which involved five group water scheme supplies, serving about 1,700 households in Cavan and Monaghan, have been carried out by the respective county councils and by the Health Service Executive. The reports have just become available and were published by all three bodies last Friday. These reports are comprehensive and outline the background to the incident and the actions taken by each of the parties thereafter. They highlight issues identified by the investigations and include a number of recommendations.

The contamination of these supplies came to light over the period 30 March to 5 April 2007 when consumers registered complaints about taste and odour in their drinking water. The schemes were part of a collection of ten treatment plants in Cavan and Monaghan that serve 3,500 households. The source of the problem has been identified as a contaminated batch of poly aluminium chloride, a coagulant used in the water treatment process, which was supplied to the contractor operating the affected treatment plants.

When the problem was identified, the coagulant was immediately replaced by the contractor through a new supplier, and, as a precautionary measure, was replaced across all ten schemes in the project bundle. A "Do Not Use" notice, under Section 9 of the Drinking Water Regulations 2007, was issued on 19 April 2007 to all affected group water scheme users by Cavan and Monaghan County Councils, in consultation with the Health Service Executive.

An incident management team which included representatives of all interested parties was set up immediately and remained in place until the warning notice was withdrawn. During this period arrangements were made to provide householders in all the affected schemes with an alternative supply of drinking water.

This was a regrettable incident that caused great worry and inconvenience to all consumers concerned. On a positive note, it is clear that the public authorities responsible quickly took charge of the situation and, with the co-operation of the contractor, identified the problem, made alternative arrangements to get drinking water to consumers and ensured that the treatment plants were brought back into operation as quickly as possible. I note also that the HSE report has confirmed that the threat to human health was minimised by the low odour and the taste threshold of the phenol contaminant. The expert advice is that the water would have been too unpalatable for consumption to have reached harmful levels.

The HSE has also confirmed that no symptoms or illnesses relating to drinking water were reported and that media reports of mouth irritation and nausea were not noted by or presented to HSE staff. Neither were unusual patterns of illness or symptoms reported by general practitioners in any of the affected areas.

In Ireland there are more than 6,500 public and group water scheme supplies and incidents of this kind are very rare. Nevertheless, all possible measures must be taken to prevent a recurrence. The local authority and HSE reports are being examined in my Department and the recommendations will be given early and careful consideration to ensure that all steps required will be taken to guarantee safe and secure water supplies.

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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I take this matter, which was discussed on several previous occasions, on behalf of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy John Gormley.

The difficulties being experienced by homeowners whose homes have been affected by the use of pyrite in certain developments in and around County Dublin are fully recognised. However, the resolution of problems arising between building owners, including owners of public buildings, as well as home owners and the builders are matters for resolution between the parties concerned, namely, the building owner, the relevant developer and the builder's insurer. Where the construction of a building is the subject of a contract between the client and the builder, enforcement is a civil matter.

I wish to report on certain developments and actions since the matter of pyrite was first raised. As a first step, Fingal County Council, the building control authority for the area, made direct contact with the developers and the quarry concerned regarding problems encountered following the use of pyrite as an under-floor infill material in certain developments.

Having consulted the statutory Building Regulations Advisory Body, the Department issued a circular letter, BC 6/2007, to each county manager and local building control authority on 16 August 2007 to bring the issue of pyrite to their notice and to request co-operation in the enforcement of the relevant requirements set out therein. The circular also brought to their attention a notice issued by Fingal County Council on 26 July 2007 on this matter.

The certification of products is the responsibility of the National Standards Authority of Ireland, NSAI. When the issue of pyrite arose and following an intervention from the Department, the National Standards Authority of Ireland moved to reconvene its aggregates panel to give urgent consideration to the matter. The Department is represented on this panel, together with representatives and stakeholders of the construction industry.

Following a public consultation process, the NSAI has now published a new amended standard recommendation on the use of aggregates as infill for civil engineering and road construction work. The new standard recommendation came into effect on 7 December 2007 and the intention is that it will address the quality standards of new homes and buildings in so far as problems relating to pyrite are concerned. My Department will adopt this NSAI standard recommendation in the relevant technical guidance document associated with the building regulations. The NSAI has notified the EU Commission of this intention in accordance with statutory requirements and EU approval is currently awaited to the proposal. I am satisfied that the measures outlined represent the appropriate response to the issues raised.