Brian Stanley (Laois-Offaly, Sinn Fein)
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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.

Pearse Doherty (Donegal South West, Sinn Fein)
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I am disappointed the Minister, Deputy Hogan, is not present. He was here for the earlier part of my colleague's contribution but I am disappointed he is not here to listen to the rest of it.

Brian Hayes (Dublin South West, Fine Gael)
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He is coming back.

Pearse Doherty (Donegal South West, Sinn Fein)
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I hope he will be able to take on board my comments and those of my colleague.

It is very rare I agree with the Fianna Fáil Party but the previous speaker, Deputy Niall Collins, called this an attack on rural Ireland and I think he is right. When the Fianna Fáil Party starts saying this is an attack on rural Ireland, the Government has a duty to sit up and listen because those in the Fianna Fáil Party have been the masters of attacking rural Ireland over the past 15 years. If anybody knows what an attack looks like, it is them, given they have shaped and led those attacks for many years. Indeed, if anybody had the opportunity to read its pre-budget submission, they would see the Fianna Fáil Party has not finished attacking rural Ireland because it plans a plethora of charges, from household charges to increased carbon taxes, motor taxes and excise duties, all of which will be deployed in attacking people right across society but, in particular, in rural Ireland.

I say genuinely that people feel this legislation is an attack on them. They feel it is discriminatory because it imposes charges and sanctions, and offences and fines if there is non-compliance, on a section of the population of this State, namely, the 441,000 people who have a septic tank in their back yard. People are genuinely concerned and really afraid. The Minister in his speech repeated the comment he made in the Seanad that people in rural Ireland have nothing to fear from this legislation. If the Minister is adamant about making that statement a reality, he needs to ensure he amends the legislation in order that we have the type of inspection and compliance with the EU directive that should have applied as far back as 1975, although previous Governments have not done so. He needs to amend it and take out the sections of which people are afraid.

People are afraid of several sections of the Bill. First, there are people out there who simply cannot afford to pay an additional €50 charge. That might be a dramatic statement or perhaps Ministers simply do not believe the fact that there are people who are that broke. However, the reality is there are such people. The Government makes no determination as to whether the person who has to pay that €50 charge is the most affluent person in society or whether it is the family that has gone to the Society of St. Vincent de Paul the week before to ask for clothes for their children or a voucher to put fuel in their tank so they can keep their house warm this Christmas. That is the problem. There is a lack of respect for what is happening out there, within the private confines of many households to which this charge will be applied.

The second point is that there is a great fear in rural Ireland as to what standard will be expected when the EPA sends out its army of inspectors to inspect the septic tanks. Very simply, the Minister can resolve this issue because he has stated time and again that the EPA will not be applying the 2009-10 guidelines but will just be ensuring that the septic tanks are functional and not causing pollution. This means that if the septic tank was granted planning permission in 1960, the inspection will be based on the standards that applied at that time. We in Sinn Féin challenge the Minister to publish the regulations he said will accompany this Bill before he asks any Deputy to take a leap of faith and put the hands of 441,000 rural dwellers into the hands of the inspectors appointed by the EPA. We on this side of the House are not going to give the EPA a blank cheque to go digging up back gardens and issuing guidance to rural dwellers that they have to apply septic standards that did not exist when they legally got planning permission.

The Minister has stated time and again this will not be the case. He should publish the regulation and the guidance so we can have a proper, informed discussion. We have asked the Minister privately in this regard and I am glad he is considering such a move because it will quell the fear in areas across the State.

The big problem with the Bill is that there will be a requirement for remedial works, no matter what standards are applied. There are septic tanks which are not functioning and which, for different reasons, have become damaged. A burden will now be placed on families to bring those septic tanks up to a proper and adequate standard. The failure of this Bill is that it does not in any way, shape or form provide State support to help people meet the compliance with the 1975 directive. Therefore, in Dublin, Lucan, Killarney or anywhere there is a public sewerage scheme, if the State is being fined or faces potential fines from Europe, the State steps in and develops a sewerage system in the town, as has happened in many towns. In Donegal, for example, where there was a potential for fines in regard to Letterkenny, the State stepped in and through direct taxation paid for the sewerage scheme in that town. In rural Ireland, however, for rural dwellers to comply with the regulation, the State is saying rural dwellers will have to bear the cost entirely themselves. That is where the Bill is utterly discriminatory.

Again, the Minister has said both privately and publicly to Sinn Féin that he his considering bringing in an income-linked grant system. This would be welcome because it is not fair to ask people in rural Ireland, if for whatever reason their septic tank is not working and given they do not have the luxury of having a public system that is paid for by the State, to pay for this out of their own pocket. This is where I disagree with Fianna Fáil Members. The Fianna Fáil Party amendments to the Bill proposed in the Seanad would mean the rural dwellers would still carry some of that burden themselves and 85% of the cost would be borne by the lowest income families in rural Ireland. That is wrong.

The other issue in regard to the Bill is what happens in regard to the by-laws in Cavan. We know the European Court of Justice has stated that Cavan is the only county that is complying with the regulations at this time. This is where the concern arises in terms of what type of regulations will be applied. The Cavan by-laws stated that the septic tanks must comply with the EPA's Treatment Systems for Single Houses 2000 document, or any future replacements of that document. As we know, that document has been replaced and the code of practice is now the 2009 EPA code. Therefore, in Cavan, if a person built a house prior to 2009 and may have complied with the 2000 regulations, the by-law states that any new and additional EPA guidelines must be complied with. If I am to accept what the Minister is saying but what he is not writing into the legislation, this will not be the case for other dwellers outside Cavan, and it will not be the case that a person will have to comply with updated EPA guidelines.

On another issue, I genuinely do not believe this will stop here. It is bad enough where it is. It is €50 for registration and €20 for an appeal, and if a person does not have a certificate of registration within ten days, an offence has been committed and the maximum fine is €5,000. When the Government introduces the new fines Bill, which it has promised to introduce in 2012, this means a fine can be deducted at source from people's income or their social welfare benefit. People who genuinely cannot afford to pay will have no option but to have these large fines deducted.

The Minister says this legislation will be self-financing. I cannot see how it will be. Let us consider the mathematics. There is a €50 registration fee and approximately 441,000 houses. That amounts to approximately €25 million. The Minister says that will cover all administration and inspection costs. However, the inspection costs do not simply occur once. There is registration every five years and there is compliance with the directive for the lifetime of the system, so there will be ongoing inspection costs. Where will the money come from for these? This is where the fear is engendered by this legislation, the fear that charges will be increased.

There is also an issue with the definitions in the Bill. The definition under section 2 of a waste water treatment system, septic tanks and other systems states that premises with no tank or a treatment system will also be covered by this legislation. Let us take, for example, the closest house to the Dáil. It has no tank or treatment system, but it is a premises so it is to be covered by the legislation. That is the definition that guides who is and is not required to register. There appears to be confusion in that.

In summary, this legislation is discriminatory and is an attack on rural Ireland. There should be no registration fee and there should be grant aid to remedy septic tanks that are not compliant with the regulation. This should be funded through the Exchequer. There is a need for the Minister to engage positively with the Opposition on the amendments we intend to table, to put his verbal statements into the legislation and, in particular, to provide that the EPA guidelines that will apply to the inspections will be the guidelines that applied at the time of construction of the tank or system. Grant aid must be provided for those on low incomes and the Minister must state that the registration fee will be waived.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Both Deputy Pearse Doherty and I are from Donegal. What sticks in the craw of Donegal people is the fact that, historically, hundreds of millions of euro have been invested every year in the capital wastewater budget which is spent in the cities and towns throughout the State to comply with EU directives. At the same time, people who wished to build single homes in Donegal and other rural areas paid their own costs. They paid for planning permission, installation, the site assessments and all the other costs involved, without any subsidy or support. It often cost thousands of euro to do so. They paid their own way.

We now have a Bill that essentially asks them to pay the costs of potential replacement also. They complied with planning permission and departmental guidelines, went through that process and paid in full for it. There was no subsidy, as urban dwellers have received. Now, they must pay again. They are beginning to think, ironically in the context of this subject, that a tax might be imposed on fresh air or there might be a tax on living in rural areas. These communities are also watching the threatened closure of Garda stations, small community hospitals and nursing units come under threat while the post office infrastructure and rural transport networks are also under threat.

A picture is developing of the dismantling of the community, physical and public infrastructure of rural Ireland. This Bill is the final straw. That is the reason petitions with thousands of names are being sent from counties such as Donegal to the Minister. That is the reason there are packed public meetings being held throughout the county. There is profound concern about this Bill.

We still do not have specific information from the Minister. What is the specification for what is required under the legislation? That would clarify matters. We do not have such specification. There are references to the Cavan model and the fact that Ireland has been taken to the European Court of Justice. If we have been taken to that court and if Cavan has been found to have an acceptable model, there must be a specification for that model. However, it has not been presented to us, so we cannot reassure people in places such as Donegal who are profoundly concerned.

Hundreds of millions of euro have historically been invested each year in the capital wastewater programme. This money is distributed through the various councils across the State. Why can some of that budget not be reallocated to grant aid people who have to replace their system? We have been given assurances from the Minister that he will examine this but that is not acceptable. I am anxious to convey to the Minister, if I can get his attention, that the key issue of concern to people in rural areas is the cost of replacement. They are terrified. A man called to me a few days ago and he outlined the reality for his family and the family home they have had for years. They fear they will not reach the specification, which we do not have at this point. They are terrified at the prospect of a cost amounting to thousands at this time.

Before the Minister can seek the support of the House, he must reassure those families and deal with the double standard of urban dwellers having all these facilities free of charge while rural dwellers are being asked to pay, yet again, to comply with an EU directive. That is an injustice. It leaves people in Donegal and other rural areas with the sense that there is one law for rural communities. This must be addressed before the Minister can seek or expect the support of the House.

John Halligan (Waterford, Independent)
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I acknowledge the need to protect our water services but I disagree with this unfair legislation, which will add further debt and suffering for those in negative equity who are in arrears with their mortgage payments and are struggling to feed their families and make ends meet. The tax discriminates in that it penalises people for living in rural communities with no direct access to public sewerage schemes. That is not their fault.

The introduction of the septic tank charges is massively discriminatory and possibly unconstitutional. It is an attack on the more than 1 million people who will be penalised by this extra charge. There is a fine of up to €5,000 for non-compliance. What adviser or civil servant hiding behind the Minister's cloak came up with the idea of frightening people with a fine of €5,000? These are people, including elderly people, who might not be able to pay. It is offensive and obnoxious, and simply proves how out of touch the Minister is with reality. Ordinary people living in rural communities cannot afford to pay for any extras. To frighten them with the €5,000 fine is appalling and deeply offensive.

When these people built their houses they complied with all the regulations. Now, they are being retrospectively penalised with this extra charge. They are being criminalised for this. They do not have access to taxpayer subsidised sewerage schemes in urban areas, where they would not have to worry about registration, inspection fees and the massive cost of septic tanks. To add insult to injury, the legislation fails to provide for any assistance to rural dwellers who might have to upgrade their systems. At the very least a retrofit scheme which provides, for example, tax relief and grant support where new or upgraded systems are required should have been considered by the Government. It is not too late to do so.

It is unfair of the Government to expect rural households to pay 100% of the costs of construction, maintenance, upgrading and inspection of wastewater treatment systems, in addition to the new household charge that will be introduced here next week or in January.

I draw the Minister's attention to the manner in which other jurisdictions have avoided inflicting the cost of this process directly on the householder. For instance, in Northern Ireland, any inspection costs are borne by the local environmental agency. Has that been given consideration here? In Scotland, all septic tanks must be registered by the households affected. They do not have to pay themselves, and there are no mandatory inspections. It appears that little thought has gone into the implementation of this scheme.

Has a costing been done on the proposed maximum registration fee of €50? How many county councils plan on charging a fee lower than €50? The Bill does not indicate what will be the maximum or minimum fee. If this Bill is passed there is no reason any council should be allowed charge any more than is absolutely necessary. The Minister might indicate the information that will be given to county councils in terms of when they charge, the way they charge and how much they can charge.

Clare Daly (Dublin North, Socialist Party)
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Everybody would support the idea of improving water quality and upgrading septic tanks but the issue before us is the way it will be done and who will pay for it. The Government can dress it up any way it likes but rural dwellers know that what is going on here is the use of an environmental cover or the threat of the European Union to bring in a new stealth tax. The proof of that is that there are different methods of dealing with this issue in other EU jurisdictions.

The Bill proposes legislation to enable the inspection of septic tanks and a registration process. The first question I ask the Minister is why we need a registration process. Local authorities have all the information and know all the houses not connected to the public sewer. They know the houses that dispose of their effluent by way of cesspit, septic tank or package treatment plant. If the Minister does not need a registration process to give him that information, why does it exist? The only explanation is to get the principle of a charge established so it can be increased in future. I do not believe any of the rural dwellers will fall for that or the idea that it is only €50 or that the registration will only take place every five years because experience tells them that once a charge such as this is imposed, it will be bedded down and will rise again relentlessly.

Local authority water services staff are already capable of compiling all of the information required regarding the type of systems in use and the associated percolation areas but this Bill proposes to cut them out of the process and set up a new inspection service at a cost of €1,000 per inspector under the Environmental Protection Agency, EPA. The only logic for that has to be that it is part and parcel of a plan to privatise water services, which will inevitably lead to higher charges on householders already stretched to the limit.

It is a bit rich to hear Fianna Fáil Members banging the drum on this issue when they, along with their colleagues in Fine Gael, were responsible for many of the planning decisions taken, often against planning advice, which contributed to a situation where the systems in many houses will not be compliant. The figures used from areas such as Cavan and so on show 25% non-compliance but the figures are likely to be higher than that. The remediation and replacement costs of approximately €4,000 are a little low, particularly when we consider that percolation tests alone to determine suitable soil and water tables could cost up to €1,000.

This is an enormous burden to put on people who installed systems at their own expense, paid levies to county councils to avail of services and so on. Taxpayers in rural areas can feel justifiably hard done by that billions of euro have been spent on upgrading the public sewers in past decades yet they are expected to shoulder the cost of this remediation.

It is ironic that in my area the Minister proposes to spend €2.5 billion on upgrading the public sewer, including installing a major new wastewater treatment plant on rural dwellers' doorsteps to take effluent from seven local authorities, yet the people living beside it are expected to pay again for their own septic tanks.

Michael Kitt (Galway East, Fianna Fail)
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I must call Deputy McGrath.

Clare Daly (Dublin North, Socialist Party)
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I am sorry, but I thought you would give me a minute's notice. Why does the Government not set up a task force and employ thousands of unemployed engineers, technicians, construction workers and so on to remediate these septic tanks as a public service and, where possible, connect those to the public sewer?

Michael Kitt (Galway East, Fianna Fail)
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I did not want to give any notice because speakers have only three and a half minutes, but I will do so if Deputy McGrath wishes.

Mattie McGrath (Tipperary South, Independent)
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Do please. I too am as concerned about the rural environment, and all the environment, as the Minister, his officials and anybody else. I refer to the Minister affectionately as Big Phil-----

Michael Kitt (Galway East, Fianna Fail)
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Minister.

Mattie McGrath (Tipperary South, Independent)
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-----and I was delighted when he was appointed Minister because I felt he was a rural man who would look after rural Ireland. Knowing his record, and knowing his neighbours from Newcastle who used to live beside him many years ago, I was sure that would be the case. I will not say what I would like to say about the previous Minister, John Gormley, but I had many battles with him. This proposal is off the wall. The Minister is attacking rural Ireland instead of defending it. I was sure he would defend rural Ireland but this legislation is off the wall. I do not know where it came from or why he allowed his officials to dream it up but he should back off it because it will not be accepted in rural Ireland. We have taken everything including the situation with the turf cutters, and I am delighted Deputy Flanagan is present, and the drink driving legislation. We have had a great deal of regressive legislation affecting rural Ireland but I can tell the Minister that this legislation will not work. No septic tank owner will pay to register. Why should they, when they all got planning permission? The lazy council officials should do a trawl. They have little to do now because not many planning applications are being submitted. They should be able to point out where these septic tanks are located. They know where they are. It is a trick-o-the-loop job, and we are not buying. I have never encouraged civil disorder in my life but I will on this issue. Nobody will register because this measure is unfair and unjust. The legislation is biased and it would not stand up in any court, never mind the European Court.

The Minister is a practical man but he should back off on this issue. He should put it on the back burner or do what he likes with it because it will not pass. All the rural people affected have been victimised. They had the courage, initiative and energy to get loans to buy sites, get planning permission, pay planning fees and build their own homes. They did not come knocking on the Minister's door or my door asking us to get them a house. They did it themselves, and now they are being penalised for that. What is next?

This measure will frighten the life out of rural people and kill any initiative they have. We will turn them into nasty people and when they come to Dublin I know what they will have behind the tractors and the tanks, and I know where they will put it. I have set up a Facebook page called - excuse the language - Stop the Shite, but loads of shite will be coming to Dublin.

Michael Kitt (Galway East, Fianna Fail)
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Deputy, you should not use unparliamentary language.

Mattie McGrath (Tipperary South, Independent)
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That is what the Bill is about. It is about holes in the ground that everything goes into but we are making S-H-1-T of it.

Michael Kitt (Galway East, Fianna Fail)
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The Deputy has one minute remaining.

Mattie McGrath (Tipperary South, Independent)
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I have enough said. I am sending a clear message to the Minister to back off, put this issue away and leave the rural people alone because they will not take any more. If he keeps at them, he will have some trouble on his hands. They are quiet, law-abiding and respectful people but not on this issue. This legislation has not come about by way of an EU directive. The Minister can blame the EU for everything but not this measure. The Minister, Big Phil, will have some trouble on this issue. It is like a hornet's nest or a beehive. When they are disturbed they come out and sting. There will be some sting or stench out of this issue, and the Minister should put it away.

Tom Fleming (Kerry South, Independent)
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I have serious concerns about the implementation of the proposals in the Water Services (Amendment) Bill. Since the introduction of percolation testing for domestic septic tanks in the planning application process there has been significant upgrading of the rules and regulations governing these tanks and treatment plants. There is a grey area with regard to the criteria the inspectors and local authorities use, and the subsequent policing measures. For instance, when percolation testing was initially introduced over 20 years ago it was under the regulations of the National Standards Authority of Ireland. Eolas was involved in it also. This was a subsidiary of the Department of Education and Scienceat the time.

The regulations were basic but they were effective and were commonly known as Standard Recommendation 6, or SR6. These regulations were replaced in 2000 by the Environmental Protection Agency guidelines. We are all well aware of the significance of the EPA regulations, especially any Member of the Houses who has served on local councils. The EPA regulations were a significant step up from the original SR6 and I believe they are far too stringent. They prohibited many people from acquiring planning in rural areas over the past ten years, including people who wanted to live in their own locality. Many people were even refused permission on their own land. They were forced to move into estates in larger towns and villages, which was against their aspirations to live where they were reared. This was a consequence of the EPA guidelines.

My fear from the proposals in this Bill is that these EPA guidelines will be the required standards for householders who are deemed to need any remedial works done, no matter how minor. I foresee major implications for many septic tank owners. In these times of austerity, it will be beyond the financial means of these householders, especially where costly remedial measures are identified. I believe that most septic tanks are efficient. In some cases they may require regular de-sludging or ordinary maintenance works to be carried out.

The Bill contains many elements that are above and beyond the regulations that exist in the UK. We should carefully consider all the elements contained in it. We will have to amend it to ensure that the draconian measures contained in it will be avoided and practical measures adopted. The subsequent policy should be carried out in a common sense fashion and should be sensitive to the needs of the public and to the financial means of householders.

Michael Kitt (Galway East, Fianna Fail)
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I have to ask you to conclude.

Tom Fleming (Kerry South, Independent)
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There is a reference in the Bill to the courts. The appeals mechanism set out provides that appeals must be made to the District Court. Many people take great pride in the fact that they never had to attend a court in their lives. This would be disturbing for elderly people if they have to go to court.

If the financial means are available I would ask the Minister to consider some form of grant aid if major works are to be carried out.

Luke Flanagan (Roscommon-South Leitrim, Independent)
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As usual, the Government is pushing through a Bill and claiming that it must do so due to European law. It is the first reason given in the Minister's speech. In the Bill's digest, it is pretty much the only reason we should do it, whatever about poisoning ourselves with cryptosporidium. Why do successive Governments try to pass the buck when it comes to making decisions, and then wonder why people have a problem with the EU?

The people of rural Ireland do not wish to pollute their water supply in the same way the people of urban Ireland did not wish to do so. The difference is that the people of urban Ireland were rightly given massive grants to upgrade their town systems. Sewerage systems were rolled out during the boom, which meant that dwellers of urban Ireland were able to become compliant when it came to water pollution. However, now that we are finally getting our act together on septic tanks, the Government has decided that people who live in the countryside must cover the cost of potential upgrades to their treatment systems. Not only that, but the Government will criminalise people if they do not do what inevitably will become financially impossible for tens of thousands of rural dwellers.

If the figures in Cavan are anything to go by, then we are looking at a situation where 25% of all septic tanks - 115,000 - could be in need of remediation, at an average cost of €2,500. In other words, rural Ireland will have to fork out €287 million, whereas those living in towns will already have had that done for them. If this Bill is passed, then we will have the crazy situation whereby people in the countryside will have paid for the upgrade of urban schemes through their taxes, even though they will have to pay for their own schemes by themselves.

To make matters worse, the Government also intends to impose a stealth tax on these people. We are told that this payment of €50 is only for every five years or so but as we know, such a charge will only be the thin end of the wedge and will, if successfully implemented, be increased in monetary terms as well as frequency. This stealth tax is framed as a registration fee. The idea of registering is that the local authority will know where the septic tanks are located. This begs the question as to what have the councils done with their current records? Did each and every one of these houses not require planning permission in which treatment systems would already be clearly detailed?

There is no doubt that something must be done in order to protect our vital water sources. The people of my constituency are more vulnerable than most, with over 80% of our drinking water in County Roscommon coming from ground water and a similar percentage in south Leitrim. The way to deal with this successfully is to treat all people equally. To do that, the required moneys for the upgrade of treatment systems in need for remediation must be found from the national Exchequer. I can hear a chorus from the Government that we do not have the money for this. We have the money to perpetually dig up footpaths, to pay far too many county councillors, and for unnecessary layers of bureaucracy in county councils. If we have the money for all this largesse, then we have the money to upgrade these septic tanks. This would guarantee that the job would be done properly and water supply could be secured.

The route the Government has decided to take will result in non-compliance. It will result in the further erosion of people's respect for the law. It will criminalise people for an inability to pay a bill which they should never receive in the first place. Sadly, it will mean that our water supply will continue to be polluted, which I do not think is the aim.

Thomas Pringle (Donegal South West, Independent)
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I welcome the opportunity to speak on this Bill. I have very little time to speak due to the guillotine that has been imposed on it. As there are so many Members of the Technical Group willing to speak on it, adequate time should have been provided in the House to ensure that everybody could make a contribution to what is a very important Bill. It will have a major impact on those living in rural Ireland.

There is major concern in communities around the country on the potential effects of the Bill. In Donegal, thousands of people have attended public meetings over the last few weeks and have clearly stated that they will not register for this tax. They see this as another stealth tax being imposed by the Government in combination with the household tax and water taxes coming down the line over the next two years. Those people have publicly stated that they will not sign up for this and will not volunteer to be placed on a register and pay these taxes. The register is very dubious as everybody knows that there is already a register in the planning files. Ordinance Survey Ireland has mapped all properties in the country, so we already know where all the septic tanks are located. If somebody has a house in rural Ireland that is not on a public sewer, then he or she has to have a septic tank. It is as simple as that.

People have clearly stated that they are not going to participate in this, which will highlight the fatal flaw in the Bill, as people will not register. They are saying they will not register because they are afraid of what will happen if they have to upgrade their systems as the Bill provides no measure of grant aid to ensure that people can get assistance. The State is pumping hundreds of millions of euro into the upgrade of public sewerage systems across the country every year but is not providing a penny of support to people in rural Ireland who may have to upgrade their systems under the provisions of this Bill.

I would like the Minister to clarify his earlier statement that there is no question of applying new standards to old or on-site systems. Does this apply only to systems that pass on inspection? Will failed systems be obliged to comply with the 2009 Environmental Protection Agency guidelines or the guidelines that prevailed at the time of the construction of the house? This would mean a house built in the 1980s would have 1980s standards applied to it. There appears to be a conflict in terms of the orders that local authorities will give to those with deficient systems because the legislation does not specify the compliance requirements. This represents a fatal flaw. It is a sop thrown out to cloud the issue. People will be stuck and will be obliged to comply with 2009 guidelines when, in many cases, they will not have a site large enough to comply or to provide the percolation area required. How will people who have built on 0.5 acres in years past manage when the regulations require an area of 0.6 acres for a site to comply with the new guidelines?

The Minister stated in the House in September that local authorities had the resources, made up of staff sitting around doing nothing, as he put it, to carry out inspections. However, the Bill provides for the setting up of a panel of private inspectors who will probably be paid exorbitant funds from the public purse to inspect these systems. What is the real motivation behind this? Is it to gear up for the privatisation of water services across the board?

Séamus Healy (Tipperary South, Workers and Unemployed Action Group)
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I am grateful for the opportunity to offer a few words on the Water Services (Amendment) Bill. I agree with the previous speakers who have opposed the Bill. The Bill represents another stealth tax on top of the refuse charges and the proposed water charge and house tax. It is a method of fleecing the ordinary man and woman in the street. In this case ordinary rural dwellers will be targeted by the Bill. It is discriminatory and represents an attack on rural Ireland generally, which has already lost Garda stations, post offices and local shops. Local creameries have been gone for some time. This is another nail in the coffin of rural Ireland. It is absolutely discriminatory.

Public systems in towns and villages have been funded completely by the Exchequer and many of these systems have been brought into compliance. However, this legislation discriminates against people living in rural communities by effectively forcing them to remediate systems that do not comply with the standards. The suggestion that the earlier standard might be acceptable is nothing more than a suggestion and, in practice, we will see the newer 2009 EPA standards implemented.

There should be no need to register. I am opposed to registering and I will recommend that people refuse to register. Registration is not required in any other European country.

I propose one measure that might be helpful if it is done in the right way. There are 450,000 people unemployed at present. This is an ideal scenario for a public works programme that could put people back to work. Engineers, tradesmen of all kinds and people who have worked in construction are available. This is an ideal opportunity to fund an initiative through a public works programme to put these people back to work, to put more money into circulation in local communities and to put more people into employment downstream. I will oppose the Bill and recommend to people that they do not register. I hope the Minister will use this as a public works programme funded through the Exchequer to put people back to work.

Mick Wallace (Wexford, Independent)
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The amount of time we have been given to address this issue is crazy. The Government has referred to a €50 registration fee that is to suffice for five years. It is right to address the water contamination problem in the country and we should take the recommendations from Europe seriously but who will pay for the problems that exist?

Reference has been made to 440,000 septic tanks. I reckon from my experience that at least 200,000 of these will not meet European standards. Whose fault is this? There is no way the people living in these houses can be blamed for the fact that their septic tank is not as it should be. Do they meet the original planning guidelines? Were ground conditions suitable and were they even tested? Were the residents instructed to test the ground conditions by local authorities? Was the soil tested? Was the clay too heavy? Was it marled? Did anyone stop the residents from putting it there? Are there bottoms to the tanks? No bottom was put in many of these tanks because it meant they would not have to be emptied so often and consequently stuff leaked out of them more quickly. Is there enough soil over the shale in shaly areas? There should be up to 1.2 m. Is there a raised bed? Raised beds were not even considered up to seven or eight years ago. Is there enough soil for the buffer to give the bacteria a chance to disappear before the water goes into the main water table? If one is making a raised bed one is supposed to import good soil so the bacteria disappears as it works its way through and so there is nothing for it to feed on or stay alive. Has any of this happened? I suggest that in nine out of ten cases good soil was not imported for raised beds because it was considered too expensive. Is there room for an appropriate percolation area if it is necessary for work to be re-done now? What volume of chemicals are going into the tanks? What affects are they having on the bacteria in existing tanks? Chemicals are being advertised every hour on the television such that a tax should be put on them. Far too many chemicals are being used and they are interfering with the working of the tanks. Did owners get a discharge for nearby streams? Were such streams tested in advance? Will discharge to rivers be allowed from now on or will people be instructed that they cannot go to the rivers anymore because the rules have changed? Anyway, many of these systems are going to the rivers that are polluted in the first place. We were using sump pits, which have been a disaster and do not work. Anyone who has a sump pit will be instructed to take it out but no one was instructed at the time of installation.

In the case of half of the 200,000 tanks that will not comply, one will not get away with a new percolation area. There will not be sufficient room for the required percolation area in many cases and a treatment unit will be required. The bio-clean system costs €4,000 and a further €3,000 to put in place. The new BioBarrier system, which has a membrane filter, is brilliant. It allows one to harvest the water and reuse it in the house but it costs €8,000 to buy and €2,000 to fit. These are crazy amounts of money. The most vulnerable people, especially older people, will be unable to handle the man with the digger who will sell better soil to make the percolation area better and certainly these people will not be able to handle the engineer. The costs will be dramatic and I do not believe the Government has researched this area properly. Incredible costs will be involved and there will be significant problems. People will be unable to afford to pay.

John O'Mahony (Mayo, Fine Gael)
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I am pleased to contribute to this debate on water services legislation, the purpose of which is to deal with the problem that has existed for several years but about which nothing has been done. It was interesting to listen to those on the opposite side of the House suggest there has not been enough time to debate this. They certainly had enough time to do something about it since the order was made in 2009. Since the summer public meetings have been held by members of Fianna Fáil and by Marian Harkin, MEP, who suggested that those living in rural areas would pay €300 per annum and €200 per inspection.

I am keen to hear answers from those in the outgoing Government. Where did they get their figures from? The Bill has proved those figures wrong. Why did they not do something about it when the order was made in 2009? A promise was made to the effect that the matter would be addressed but it was not addressed when those who were in government at the time had the chance to do something about it.

The Technical Group could not have done anything about it because they were not in power or involved in Government at the time. Some sensible suggestions have been made by them. I have listened to the spokespeople from Fianna Fáil, which was in charge before.

They criticised what was happening but did not do anything themselves and have not suggested anything now. I acknowledge there was fear and loathing in rural Ireland but the Minister has dealt with the situation well.

There is a once-off registration fee and an appeal will cost €20. It is also welcome that the requirements of a working septic tank refer to those laid out at the time the house was built, which is very much in the interests of house owners. I welcome the fact that a reasonable deadline is being given. Registration will take place in 2012 and inspections will be carried out in 2013. I agree with the timescale because it gives people a chance to go through the process.

The Minister has left himself open to suggestion that there would be some type of grant aid for people who cannot and will not be able to afford the necessary upgrade because of the current economic circumstances, which I support. A problem needed to be dealt with and it was not addressed by the outgoing Government. This is the best possible way to deal with it and I support the Minister.

Dara Murphy (Cork North Central, Fine Gael)
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I also welcome the opportunity to speak on the Bill. As my colleague said, it was extraordinary to see the Fianna Fáil Party scaremongering through the summer, as it has been doing.

Timmy Dooley (Clare, Fianna Fail)
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That side of the House wrote the script.

Dara Murphy (Cork North Central, Fine Gael)
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It specifically stated a figure of €300 and is continuing to do so. In the last programme for Government, which we all now acknowledge was one of the greatest acts of fiction ever written, it committed to addressing the issue. All it delivered during its time in government was the loss of our sovereignty and the destruction of our economy.

That said, I compliment the Minister, Deputy Hogan, on introducing the Bill and bringing clarity to the many thousands of people in our country who have septic tanks. He has done so in a manner which is very cost-effective. In my constituency, Cork North-Central, approximately 5,500 households have septic tanks. It is important that we examine some of the figures. I support my colleagues' call for a scheme to assist people who require extra work on their tanks.

The cost to the taxpayer of the €26,000 fine per day and the €2.7 million fine would be €290,000 in my constituency. The revenue that will accrue from the €50 payment amounts to €219,000. In one year alone the taxpayers in one constituency will be saving money by virtue of the fact that we will not have to pay fines. We have to accept that every fine and payment that comes from the Government comes from the people of our country.

This measure is being imposed not because Europe wishes to subject us to some form of torture, but because we, like every other nation, are responsible for our water, in particular our ground water. As a country with a thriving agricultural industry which, with some justification, prides itself on the fact that we have the cleanest, greenest product in the world, we should be leading the charge to ensure our reputation is maintained.

The Bill will enhance our reputation. If the court proceedings continue - let there be no doubt they will if the Bill is not enacted - there would be damage to our reputation. I am delighted there will be a positive spin off from the Bill. I am not detracting from the difficulties people will have in paying a €50 charge or for subsequent work that may need to take place.

Some of the language that has come from the Members opposite has been alarmist, exaggerated the degree of difficulty and failed completely to point out that there are significant advantages to us as a people, our reputation and the health and wealth of the 26% of the total water supply that comes from ground water, either private or public. The citizens of this country, predominantly people who live in rural areas, are drinking the water we seek to protect. I commend the Minister on once again doing what his predecessors in government failed to do.

Paudie Coffey (Waterford, Fine Gael)
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The Government has inherited many legacies from the previous Government and we have seen the damage that has been done to our economy as a result of the economic and employment crises in which we find ourselves. This is an environmental legacy the previous Government knew about since 2009. The European Court of Justice made a ruling which found Ireland to be negligent.

Despite the fact that the previous Fianna Fáil and Green Party Government, in its programme for Government in October 2009, clearly stated its would introduce a scheme for the licensing and inspection of septic tanks, it has the gall to come in here and criticise the same measure. It is a responsible measure and one which is probably unpopular for Deputies like me who represent vast parts of rural Waterford. It is a legacy that needs to be addressed.

In fairness to Deputy Wallace, he outlined many problems and I agree with him. Historical legacy issues with regard to septic tanks will have to be faced and we cannot turn a blind eye and continue to ignore them for many reasons. Deputies have already spoken about the €2.7 million lump sum fine and the €26,000 fine per day we will incur if we do not do anything about the issue. The country cannot afford to do nothing.

I agree with the Deputies who called for some grant assistance where septic tanks are found to be faulty. I agree with Deputies who pointed to local authorities who are discharging into water courses, something which should not be ignored. The EPA and the Department of the Environment, Community and Local Government have a role in monitoring and regulating local authorities.

I come from a small town which suffered a number of years ago from a cryptosporidium crisis. There is no point in telling people, such as vulnerable elderly people and parents who cannot bath young children, when they cannot drink their water two months that there is a problem up the road, a septic tank issue or effluent leaking from a farm or business. They do not want to hear that.

Any responsible Government or local authority will take proactive measures ahead of the problem. If we do not do that, there will be further outbreaks. It is galling to hear Deputy Ó Cuív, who comes from Galway, speak about this issue. There was a serious impact on businesses in Galway when there was an outbreak of cryptosporidium. It is too late to cry when the damage is done. I urge the Minister, his officials and local authorities to work in a tangible and practical way within the regulations. It may be a good thing that there are not too many specifics in the Bill because it will give some flexibility to local authorities if the Minister implement regulations which are realistic.

Deputy Wallace is correct when he said a lot of oldsites where people had a cottage with a septic tank might not have the space required to comply with the new regulations. Practical solutions will have to be found and I expect to see flexibility in that regard. I call for a grant scheme, where possible, to assist people with substandard septic tanks. I also ask the Minister and his officials to ensure that site specific solutions are adhered to in the guidelines and regulations.

Food Harvest 2020 provides huge potential for the country to recover through the agricultural production sector. If we want to have the green clean spectacle of good food being sold from Ireland and across the globe, we need to do something about it. It will not be popular among many members of the public, which I appreciate, but a lot of the scaremongering is very unfair.

The charge is only €50 over five years, but some people proposed charges of €300 per annum. That is not going to happen. I hope we can find tangible solutions which will help people to upgrade their wastewater treatment systems because we are ultimately responsible for handing on an environmental legacy to our children and their children.

Joe McHugh (Donegal North East, Fine Gael)
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I welcome the opportunity to contribute to this important debate. I will begin by acknowledging some of the contributions from the other side of the House. It is important that we have ongoing engagement and proactive discussions. This issue is creating a great deal of fear among the public. In my own constituency, that fear was facilitated by obvious scaremongering during the summer, with inaccurate talk of a €300 yearly charge. People's fears must be acknowledged, but we must also consider why they are generally fearful of a scheme such as this.

What it comes down to is that people are concerned about the type of inspection regime that will be imposed. That concern is justified if past performance is a good indicator of future performance in regard to inspection generally, in light of the many directives introduced over many years by the previous Administration. That Government's track record in terms of implementing directives and facilitating inspections, be it in regard to health and safety in hotels and restaurants or various other issues, was in gold star territory. It was top of the class in implementing directives and sending out inspectors to ensure they were enforced. That is why people are afraid. There is a history of champions league-type inspection regimes in this State which earned us a reputation in Europe as top of the class when it came to implementing directives.

We must challenge that type of culture of over-zealous inspection within our public bodies and public governance system. While we can engage on a to and fro basis in this Parliament, we also have a responsibility to change the way governance is conducted in this State, not only from a parliamentary point of view but in terms of the culture. Our over-zealous track record in regard to inspections is the underlying cause of the fear associated with the measure we are discussing today. It is vital that we continue to engage constructively on this issue.

However, we must also acknowledge that we have, in the Minister, Deputy Phil Hogan, a person in possession of a vital ingredient, which is sometimes alien to many within the body politic, namely, common sense. The Minister is open to suggestion. He wishes to encourage debate. He does not want an over-zealous regime where people are afraid they will have to replace septic tanks which were built in the 1960s or 1970s. If those tank work, they should be okay. That is the type of governance that is required. We must take account of the fear caused by the excessively zealous enforcement of schemes of inspection in the past. A degree of common sense is required. Fortunately, we have a Minister with the necessary qualities to carry this through.

Áine Collins (Cork North West, Fine Gael)
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I am grateful for the opportunity to contribute to this debate. The Water Services (Amendment) Bill proposes an inspection scheme for septic tanks and other domestic wastewater treatment systems. While there will be a €50 charge per household, it will save the State from paying fines of up to €20,000 per day, a cost that would otherwise have to be borne by the general taxpayer. It should also be recognised that households which were connected to the public waste water facility had to pay huge development charges of between €5,000 and €12,000 per house over the past five years. Many of these households are now in serious negative equity. That is why the cost of implementing this new regulation must be borne by the individual households which have septic tanks.

Having said that, any additional charge to a household is a burden in these difficult times. For that reason, the system introduced must be operated effectively and efficiently. Where necessary, some financial assistance must be granted to households to allow them to upgrade or replace their tanks. Many will have to switch to bio-cycle units, the cost of which should be taken into consideration. The initial registration fee is €50, with a re-registration required every five years. This seems reasonable and, if managed properly, will generate finance for households which have to upgrade their systems. The scheme should be operated initially along the lines of the second home charge, with a €10 late payment fine. This has been a very cost effective way of implementing the tax on second homes.

The Minister has been clear that this is not a witch hunt and that inspections will be targeted towards environmentally sensitive areas in the first instance. The implementation of the law should not be regarded as punitive even though there will be some cost for up to half a million households. The objective of the legislation is to achieve a significant improvement in the protection of human health and the environment. It is important to note that faulty septic tanks and treatment plants result in contamination of ground and surface water. This affects the quality of drinking water, creating health risks from the overflow or ponding of domestic waste water.

Some farming organisations have been particularly vocal in their opposition to the proposed registration fee and possible knock-on costs. This is understandable as most of their members live in rural areas without public treatment plants. Farmers have no choice but to use private treatment plants and have spent substantial sums in recent years installing anti-pollution measures on their farms. They did so for two reasons - first, they were obliged to comply with the law and, second, they wanted to meet the highest environmental standards, thereby increasing and enhancing our image as a country that produces the best quality food in the world. The reality is that this legislation, by solving the septic tank problem, will lead to an improvement in water quality. The implementation of pro-environment EU directives will enhance our reputation as a food producing country, benefiting farmers and the economy as a whole.

The bottom line is that in our current economic difficulties, free schemes are not an option. The charge should cover the cost of registration prices and the inspection regime and provide some grant aid towards effected households. While I accept the necessity of huge cutbacks in public capital spending, the Minister should prioritise funding for local authorities to install and, where necessary, upgrade their own out-of-date and inefficient systems, which are causing far greater harm than individual septic tanks. These projects should have been completed during the boom years but, as with so many other issues, the previous Government ignored the problem. By prioritising funding for improving local authority treatment plants, the Minister will demonstrate his intent in this regard. Only multilateral action by the Department, farmers and rural dwellers will solve the problem.

The accusation is often made that we are over-zealous in implementing EU directives. However, the European Court of Justice has found that our lack of a registration and inspection regime is in breach of standard obligations under two EU directives. Irrespective of any court ruling, environmental concerns are, and should be, hugely important in a country dependent on food production and tourism. These regulations have long since been implemented in England and Wales and will also shortly apply in Scotland and Northern Ireland.

This directive is very important from an environmental, food production and tourism point of view. The process to be introduced must be effective and cost neutral for the Exchequer. The burden can be eased for those who have to upgrade their systems by providing grant assistance through the registration fund. I commend the Bill to the House.

Dara Calleary (Mayo, Fianna Fail)
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I propose to share time with Deputies Timmy Dooley and Charlie McConalogue.

Michael Kitt (Galway East, Fianna Fail)
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That is agreed.

Dara Calleary (Mayo, Fianna Fail)
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I welcome the debate on this legislation. There is very little disagreement on this side of the House with what many of the Members opposite are saying. We all accept that the system must be changed. That is why, in Government, we introduced the farm waste management scheme and made a record capital investment in agriculture and in water treatment facilities throughout the State.

However, we are being asked, in this legislation, to buy a very large pig in a poke. We are being asked to accept guarantees from a Government which has already sold us one pig this year. We will see the colour of that next week. Having said that, I have no reason to doubt the Minister's intentions in this regard. He tells us that the standards the EPA currently has in place, the 2009 guidelines, will not apply to all septic tanks. We have that in writing, he said it in this House and in the Seanad. In that regard, I commend my party colleagues in the Upper House who exposed this legislation for what it is. The Minister also gave this undertaking on "The Week in Politics" programme.

I ask the Government to place the confirmation note from the EPA in the Oireachtas Library before this Bill is voted on. The Minister tells us he has done a deal with the European Commission that it will not impose any other standards to those currently in existence and that it will not force people with septic tanks installed 30 or 40 years ago to upgrade them. We all know there are bodies outside this House who take a very different view of rural life from those of us who live in rural Ireland. They have a zealous attitude to rural life and they will challenge that legislation and that interpretation and they will go to every court in this land and on the continent to try to ensure the most rigorous standards are employed. This is where the problem starts. Nobody is concerned about registration fees but people are concerned about the cost of upgrading the tanks. The regulatory impact assessment provision in this legislation is so vague as to be like a car sales brochure, all fluffy language, with no information about the standard.

The Minister said in his contribution that all that is required is that the septic tank is working, but who defines what is meant by a working septic tank? Will it be the Minister or the EPA or the European Commission? We do not know what the regulatory impact assessment will regard as a working septic tank. This is what concerns people. They are concerned that in order to ensure the septic tank is working it may cost thousands of euro for an upgrade. They are not concerned about the registration fee. Given that the regulatory impact assessment is so woolly, we cannot judge what the cost will be.

We have previous experience of the Commission, the EPA and other government bodies, challenging the spirit of legislation. I cannot stand over this Bill which was rammed through the Seanad last week and an attempt is being made to ram it through this House today. If the Minister is so sure about his Bill and so sure about the guarantees he has from the various organisations, he should lay those documents in the Oireachtas Library tonight. He should publish them so that we can all see those guarantees. Perhaps if we see the strength of the guarantees we might be able to stand over the legislation and decide there will not be massive investment costs for rural dwellers.

Next week the Government will ask people to pay a household charge of €100. Will they be asked to pay a septic tank registration under this legislation and a range of other charges? The Government has the opportunity to stop this charge. We want clarification on the standard required and what is meant by a working septic tank. It is a pity the backbenchers on the other side would not take that chance. We all agree with what the Minister wants to do and we all agree we need to have the best possible environment. Some Deputies mentioned the Galway situation but that was not caused by a septic tank; it was the fault of the local authority. Many other issues and sectors are a far bigger part of this problem than rural dwellers and their septic tanks and these are not being challenged. I ask for a level playing pitch so that we know exactly on what we are being asked to vote this evening. We might then view it differently but we will not buy a pig in a poke a second time this year from this Government.

Michael Kitt (Galway East, Fianna Fail)
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Deputies Dooley and McConalogue are sharing five minutes.

Timmy Dooley (Clare, Fianna Fail)
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I welcome the opportunity to contribute to this important Bill. Like my colleagues, I am disappointed at some of the submissions from the other side because there has been an effort to create, to some extent, a mock battle between us. Certainly, nobody is concerned about the registration fee as it is pegged at a relatively modest level of €50, nor is the inspection fee at €20 for re-inspections, or whatever it might be, a concern. Even if it were at a higher cost, this is not what is creating the concern in the minds of the people I seek to represent. As others have said, the real concern is the potential cost associated with the upgrade works. The Minister glosses over the issue by suggesting there will be some kind of a national plan for inspections and those people whose septic tanks are working have nothing about which to worry.

We all know there are many septic tanks throughout the country which are not working to the modern standard because they were built in a different time and constructed in a way which does not meet the standards now acceptable. The key to where the Minister is coming from is stated in his contribution. He stated:

The second reason is a more fundamental reason and it is one which no right-thinking person could disagree with. The key objective of the new legislation is to enhance and protect public health and the environment which will, in turn, benefit rural dwellers.

This sets up a clause which the EPA will use against the Minister for putting forward this legislation if, as he has suggested and some of his backbenchers are attempting to peddle here tonight, there is some kind of a lax regime and it is all right on the night. That is rubbish and it is inherent in all the commentary on this Bill.

I believe in the principles of this Bill and in the necessity to protect ground water and the necessity to protect the environment. I also believe in the necessity to do things right and to put in place an appropriate standard for the protection of the environment and the protection of public health. However, let us be up-front about it and let us not penalise the rural dweller as against the urban dweller.

Deputy Áine Collins was the only speaker to speak with any level of sincerity when she referred to the necessity to ensure an appropriate level of support from the State so that a rural dweller is not penalised in an unfair and unbalanced way. I have spoken to a number of experts and it is very clear that the cost will range from between €7,000 to €17,000. No household I know of in rural Ireland will countenance paying this cost from savings. The State has to bring through an appropriate support scheme in cases where people are unable to pay for the upgrade works.

Charlie McConalogue (Donegal North East, Fianna Fail)
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Like my colleagues, I oppose the Minister's provisions in this Bill and I oppose the unfair nature of the substance of his provisions. The Bill was brought through the other House and guillotined with only a handful of the 72 amendments being discussed. This is not acceptable nor is it acceptable that it is being guillotined tonight even though there are many speakers offering to contribute. I ask the Minister to give a commitment that appropriate time will be allowed on further Stages of the Bill.

No one can argue with the objective of ensuring that our countryside is not polluted and that septic tanks are not in danger of polluting the surrounding water tables and water courses. However, we cannot tolerate a situation where people in the countryside are asked to buy a pig in a poke. They are being told, on one hand, that they do not need to be concerned so long as the septic tank measures up to the criteria in place at the time the tank was installed. If this is the case, this should be included in the text of the Bill. The public are concerned that this will be used as a revenue-raising measure at the outset. The key concern is the standard required for the upgrading of septic tanks. This has to be made absolutely clear. Rural dwellers who are already paying bills, such as development charges when a house is built, need to be given the same treatment as urban dwellers who benefit from significant investment in sewerage systems.

Will the Minister specify the required standards and ensure those who need to carry out remedial works to their septic tanks are assisted with the cost?

Is trua liom nach bhfuil an t-Aire sinsearach anseo anocht, mar ní dóigh liom go mbeidh aon Bhille níos tábhachtaí ná an Bille seo i rith a thréimhse mar Aire.

Cuireann sé déistin orm daoine a rá go bhfuil an dream atá amhrasach faoin mBille seo i bhfábhar uisce shalach agus nach bhfuilimid i bhfábhar uisce ghlan. Níl dream ar bith níos mó a thuigeann an tábhacht a bhaineann le huisce ghlan ná pobal na tuaithe. Tá mise i mo chónaí sa cheantar idir Loch Measc agus Loch Coirib. Is é an rud deiridh a theastaíonn uainne ná go mbéadh aon truailliú déanta ar na locha sin. Mar sin, ba mhaith liom go gcuirfeadh an Rialtas sin amach as a chloigeann agus go stopfadh Airí ag rá go bhfuil éinne againn ag cosaint truailliú a dhéanamh ar uisce.

Tá áthas orm go bhfuil an t-Aire ar ais sa Teach.

Glacaimid uilig, de bharr bhreith na Cúirte Eorpaigh, go bhfuil cigireacht riachtanach anois. Bíodh an breithiúnas sin ciallmhar nó ná bíodh, sin an breithiúnas agus caithfidh sé sin a theacht isteach. Níl éinne ag cur ina aghaidh sin.

Ní thuigim an deifir atá ar bhrú thríd an Bhille. Dúirt an Taoiseach ar maidin gur bhain sé leis an EU/IMF. Má bhaineann, taispeán dom é. Níl mise in ann aon rud a fheiceáil in aon aontas leis an EU/IMF a bhaineann le seo. Más é sin an plé atá leis an gCúirt Eorpach agus leis an gCoimisiún, tá mé cinnte go bhfanfadh an Coimisiún go deireadh Mí Eanáir ar mhaithe le daonlathas agus deis a thabhairt dúinne an Bille seo a chur tríd. Más sprioc Eorpach an fhadhb, cén fáth nach gcuirtear Bille tríd díreach faoin gclárú. Gabh mo leithscéal, dúirt mé ar ball go raibh an chigireacht riachtanach. Is é an clárú atá riachtanach. D'fhéadfaí Bille a chur tríd maidir leis an gclárú agus an chigireacht a fhágáil leataobh go mbeidh deis againn í a phlé má tá cás éigin Eorpach ann atá ag cur an-deifir leis an rud a bhí már ábhar sa chás cúirte, is é sin go gcaithfear an clárú a dhéanamh.

Níl a fhios agam an dtuigeann an t-Aire céard a chiallaíonn muc i mála a cheannach. Tá a fhios aige an chontúirt a bhaineann le muc i mála a cheannach mar ní fios céard a bhfaighfear nuair a osclófar an mála. Tár éis cuid mhaith díospóireachta sa tSeanad tá an t-Aire fós ag iarraidh orainn muc i mála a cheannach.

Caithfimid a admháil agus a thuiscint gur cheart go mbéadh cothrom agus réasún idir na seirbhísí atá ar fáil ag gach saoránach sa Stát, idir tuath agus cathair. Níl sé cothrom go gcaithfidh muintir na tuaithe i gcónaí a íoc ar chaoi nach n-iarrfaí go brách ar bhunadh na cathrach. Mar dhuine a rugadh agus a tógadh sa gcathair seo, tuigim an méid éilimh gur minic a cuirtear ar an bpobal tuaithe i ndál le seirbhísí a chur ar fáil iad féin. Mar sin, ní chreidim go mba cheart go mbéadh aon táillí faoin mBille seo, ó tharla nach bhfuil a mhacasamhail de tháillí á ghearradh ar phobal na cathrach.

Ach ní shin an áit a bhfuil an chontúirt is mó san mBille seo. Is í an áit a bhfuil an chontúirt san mBille ná nach bhfuil an t-Aire ag rá linn céard a bhéas na rialachán seo maidir le cothabháil na dabhcha séarachais. Cé chomh minic is a chaithfear iad a ghlanadh? Céard iad na dualgais eile a bhéas ar dhaoine? An dara rud nach bhfuil sé sásta a rá linn ná cén caighdeán de dhabhach séarachais nó de chóras eisilte a bhéas i gceist. An mbeidh air sin a bheith ar chomhchéim agus ar chomhchaighdeán leis na córais atá ag na daoine a thóg tithe le bliain nó dhó anuas.

Bhí an t-Aire agus mé féin ar chlár teilifíse an oíche faoi dheireadh. Cuireadh an cheist orm, má tá an t-uisce glan ón tsean-chóras cén fáth a chuirfear faoi ndear dhuine ceann des na córais nua seo a chosnaíonn €20,000 a chur ina áit. Is é an freagra atá agamsa air sin, má tá an t-uisce fíor-ghlan ó na sean-chórais agus gan aon truailliú i gceist cén fáth a bhfuilimid ag cur faoi ndear do dhaoine óga na córais fíor-chostasach a chur ina n-áit. Cén bunús atá leis. Má bhí an t-uisce glan faoi shean-chóras níl aon loighic ag baint leis sin agus níl an t-Aire sásta aon fhreagra a thabhairt air.

As I stated in Irish, despite all the efforts to damage our reputation, not one Deputy in any of the Opposition parties wants to cause pollution. In any case, most of the pollution in this area is caused by municipal systems. People living in the country are entitled, within reason, to equality of treatment with their urban counterparts in respect of capital expenditure and maintenance. Why is the Bill being rushed through? If the hurry is because the Commission has become so dictatorial that it will not wait for democracy to take its course - I would be shocked if it could not wait until the end of January - and has a big sword hanging over the Minister's head waiting to take it off-----

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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We are back in the courts.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Minister should tell the Commission he cannot proceed until the end of January.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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We have been back in the courts since July.

Éamon Ó Cuív (Galway West, Fianna Fail)
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There are two solutions to the problem. Upholding democracy and teasing out the Bill in a proper manner would be worth a fine of €2 million. I doubt, however, that a fine will be imposed. When I was a Minister in the Department, the Commission tried to push all these types of bluffs on me. It informed me, for example, that large fines would be imposed if turf cutting was not stopped in a certain year. Fair play to the Minister for managing to keep turf cutting going.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Deputy did nothing.

Éamon Ó Cuív (Galway West, Fianna Fail)
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This issue will not be dealt with quickly in Europe and fines will not be imposed. There is no need to rush the debate. The Minister is not willing to debate the issues in detail because he does not have answers to simple questions we repeatedly ask him.

Jack Wall (Kildare South, Labour)
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The Deputy has one minute remaining.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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That is long enough.

Éamon Ó Cuív (Galway West, Fianna Fail)
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That remark is a disgrace.

The Minister is right to guillotine the Bill. In light of all the promises he gave when he entered Government, he owes it to the House to answer a number of questions before the Bill is passed. How can he justify charges for people living in rural areas that do not apply to people in urban areas? What are the standards that will apply to septic tanks or disposal systems when inspectors make visits? We need European law to back this up. Will inspectors be covered by their professional indemnity insurance? Will this be challengeable in the European Court of Justice? We need absolute guarantees on these issues.

We also need to see the draft regulations on the maintenance of the systems in question. We need to be given an undertaking that neither planning, environmental screening nor environmental impact analysis will be required for any upgrading of a system. Provision must also be made to give grants of a minimum of 85% to those who have to upgrade their systems. We also need an assurance from the Minister, in law, that, irrespective of the size of a site, no one who has valid planning permission or built a house prior to the enactment of planning legislation will be required to buy additional land to accommodate a system under the upgrade regime the Minister is introducing.

Jack Wall (Kildare South, Labour)
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The Deputy should conclude.

Éamon Ó Cuív (Galway West, Fianna Fail)
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They are some of the questions we need answered. When the Government gets-----

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Deputy has changed his tack since the summer.

Éamon Ó Cuív (Galway West, Fianna Fail)
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No. My tack has been-----

Jack Wall (Kildare South, Labour)
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I must call the next speaker.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Beidh an Teachta Ó Cadhain in ann a rá leis an Aire cad a dúirt mé sa samhradh. Níl aon athrú ann.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Deputy is trying to shift now.

Jack Wall (Kildare South, Labour)
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I call Deputy Lawlor.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Thug daoine áirithe droch-thuairisc don Aire ar an gcruinniú. Dá mbeadh tuairisc cruinn aige, thuigfeadh sé nach bhfuil aon athrú tagtha ar an méid a dúirt mé.

Anthony Lawlor (Kildare North, Fine Gael)
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I would like to share time with Deputies Connaughton, Kyne, Walsh and McLoughlin.

Jack Wall (Kildare South, Labour)
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Is that agreed? Agreed.

Anthony Lawlor (Kildare North, Fine Gael)
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It is nice to see the former Minister walking out just as I rise to speak. He had a little rant for a few minutes. It has been suggested that we are thumping the EU by blaming it for this measure. A little research will reveal that the waste directive was introduced in 1975. Septic tanks in Northern Ireland have to be registered under legislation that was introduced in Northern Ireland and the UK in 1973. We have done nothing since the 1975 directive was amended in 1991.

Luke Flanagan (Roscommon-South Leitrim, Independent)
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The Deputy's party was in government in the mid-1990s.

Anthony Lawlor (Kildare North, Fine Gael)
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The party opposite - I will call it the Laurel and Hardy party - has left us in another environmental mess. We have to act on a ruling of the European Court of Justice that was issued in 2009. The Green Party was in government for a number of years, but its members must have had their heads in the compost heap when they allowed this environmental crisis to continue year after year. A total of 31 environmental issues relating to Ireland are before the European Court of Justice at present. Each of them is a legacy of the Laurel and Hardy party.

I am surprised that Deputy Ó Cuív is taking such an intransigent stance. When his party was returned to office in 2007, the programme for Government contained a commitment to improve water services by addressing the problems associated with septic tanks. When that programme was reviewed in 2009, the then Government said "we will introduce a scheme for the licensing and inspection of septic tanks and wastewater treatment systems". It did nothing to follow up on that. Last August, Deputy Ó Cuív said he was willing to go to prison rather than pay the registration fee. I assure him that if he goes to prison, no one on this side of the House will help him to escape as one of my predecessors did when his grandfather was in prison many years ago. Perhaps some of the Deputy's party colleagues will visit him when he is in prison. Alternatively, they might support Senator Ó Domhnaill's view that County Cavan should be treated as an independent entity and not like the rest of the country. I am sure Deputy Ó Caoláin of Sinn Féin would approve of that. That party's two Deputies from County Donegal might be slightly jealous, however.

I am sure all Members are aware of the concerted e-mail campaign that is being conducted by people who are worried about the inspection of tanks. They are concerned that as a result of this Bill, rural dwellers will be treated unfairly by comparison to their urban neighbours who can access subsidised sewerage systems. Anyone who purchases a new house in an urban area of County Kildare has to pay a levy of up to €3,600 to cover the cost of sewage treatment. Organisations like the IFA have claimed that people might not be in a position to pay the registration fee. When the Department of the Environment, Community and Local Government sought submissions on the proposed Bill on 19 October 2010, the IFA failed to respond. Responses were received from many of the key stakeholders that were invited to make submissions, including county councils. I was disappointed to learn that Kildare County Council failed to make a submission. I will conclude by emphasising that the whole House supports environmental issues and reiterating that each individual householder will be responsible for ensuring his or her septic tank is suitably provided for in the future.

Paul Connaughton (Galway East, Fine Gael)
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I am pleased to have a chance to speak on this important Bill. I sometimes regret that Deputy Ó Cuív never got an opportunity to serve in government. If he had, all of these problems would be solved. The registration of septic tanks and the spectre of high ongoing charges for inspections have been the subject of much speculation in recent months. I welcome the clarification from the Minister that thousands of householders in Ireland will not face an ongoing cost in the shape of septic tank inspection fees. I am pleased that the minimal one-off charge will be no more than €50. There has been a great deal of scaremongering about this legislation in recent months. It has been suggested that an army of inspectors will descend on the countryside and force rural dwellers out of their homes. That is not what is being proposed. This Bill has been framed to minimise the impact on householders. If a householder complies with this legislation, he or she will have nothing to worry about.

The registration process is being introduced on foot of the ruling by the European Court of Justice against Ireland in October 2009. It is unfortunate that the previous Government did not take the steps that are absolutely necessary to ensure we do not face a lump sum penalty of €2.7 million and daily fines of over €26,000. This necessary Bill is about much more than averting fines or penalties. Essentially, it is about following best practice in terms of protecting groundwater, which is a source of drinking water for 26% of the population. The EPA has identified effluent from on-site waste water treatment systems as one of the main sources of contamination of groundwater in Ireland. More than 30% of the annual average flow of most Irish rivers derives from groundwater. This figure can rise to more than 90% during periods of low flow. The situation in Ireland must be seen in an international context. All septic tanks and other domestic waste water treatment units in England and Wales will have to be registered by 1 January 2012. Home owners in Scotland are required to register all of their septic tank or small sewage treatment works at a cost of £104 by post or £77 for online application. Like the regime that will pertain in Ireland, this is a one-off cost with no ongoing fees.

I welcome the efforts of the Minister, Deputy Hogan, to ensure this Bill minimises the impact on householders. While the one-off registration charge of less than €50 will be difficult for thousands of householders to pay, it is preferable to an ongoing yearly charge. The Minister must consider what can be done when septic tanks are found to be non-compliant. The maximum penalty that can be imposed on an individual under this Bill is €5,000. It is important to note that there are no offences in this Bill for which a person can be imprisoned. I urge the Minister to introduce a grant scheme for remediation works that are identified as necessary following inspections. If that is not done, poorer rural householders will find themselves in an impossible position. Such a scheme would result in a steady reduction in the dangers posed by septic tanks. If the inspection regime is front-loaded in areas of high environmental risk, the benefits will be immediate and significant. The completion of a cost-benefit analysis of such a scheme is the first step that needs to be taken. Such an analysis would reveal that the environmental benefits would greatly outweigh the costs involved. The burden of the registration charge is focused solely on rural dwellers and those dwelling on the outskirts of towns and villages. Every possible step should be taken to ensure no further financial burden is placed on such people. Households should be incentivised to take advantage of remedial works, where necessary, in as timely a fashion as possible.

The over-use of phosphate-based cleaning products is a worrying factor in relation to groundwater supplies not just in rural areas, but throughout the country. I ask the Minister to consider the use of phosphate-free or low-phosphate cleaning products in all State buildings. Many county councils have already addressed this issue. Greater education in this area could result in the growth of non-phosphate or low-phosphate cleaning products, which would greatly enhance the groundwater of Ireland and provide a valuable education to people on the viable alternatives to phosphate cleaning products. Perhaps this could be given greater consideration in the context of the green schools programme. I welcome the Minister's efforts to try to keep the charge on householders for the registration of septic tanks as low as possible. I am pleased that an ongoing charge will not be imposed on householders. I urge the Minister to introduce a scheme to deal with the infrastructural work that is identified by the inspectors as necessary. If he fails to do so, he will unfairly penalise poorer rural householders.

Seán Kyne (Galway West, Fine Gael)
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I welcome the Minister, Deputy Hogan, to the House for this debate. When Deputy Calleary was making his comments a few moments ago, he said nobody had an issue with the €50 registration fee. Unfortunately, the deputy leader of his party, Deputy Ó Cuív, has a problem with it. He threatened to go to jail when it was originally proposed. For the deputy leader of a political party to encourage people to break the law is a very bad starting point for any sort of reasonable debate. The Deputy hoped to be his party's candidate in the presidential election, but he had a bad start during the summer when he encouraged law-breaking and civil disobedience. in addition, Marian Harkin, MEP, promoted herself and got her name out there by suggesting that a €300 charge might be introduced. Such hype, inaccuracy and misinformation were features of the debate in the summer. We are dealing with a legacy issue arising from a European Court of Justice ruling on implementing an EU waste directive. The 2009 programme for Government from Fianna Fáil and the Green Party pledged to implement a licensing and inspection system for septic tanks which they never did.

County Galway has the lake asset of Lough Corrib, much to the envy of the Twenty-six Counties, which provides the water supply for Galway city and Moycullen. From February 2007 until after the Galway Races in early August 2007, Galway's water supply suffered from a cryptosporidium outbreak. This had a huge impact on business and tourism with many people staying away from the city. Even areas such as west Connemara in which the water supply was not affected saw losses of business because of misinformation about the threat posed by the contamination. To be fair to the last Government, it made some progress in opening improved water and sewerage schemes at Lough Corrib, Headford and Clonbur. The Minister for the Environment, Community and Local Government, Deputy Hogan, has continued this by providing funding for the Claregalway scheme with the possibility of a new scheme for Oughterard next year.

Deputy Calleary claimed septic tanks played no role in this cryptosporidium outbreak but that is not easy to prove. While I accept the main source may have been the Oughterard water and sewerage scheme, pollution from septic tanks cannot be ruled out either. A small minority of householders have poor septic tanks. I know of a five-year old house bordering a lake which has no septic tank just an outflow pipe.

A grant system will be important to this scheme. I accept it will not be possible to know the level of the problem until after the inspections have been carried out. It is important some reassurance is given that some grant system will be provided for the improvement or upgrade of individual septic tanks, however.

The main issue is the standards and regulations that will apply to septic tank and wastewater systems. If these had been at the starting point of the debate, we might not have seen some of the inaccuracies and hype I referred to earlier. Addressing the standards and regulations would also allay some of the concerns people have about the amount of works they will have to do to their septic tanks.

Earlier Deputy Ó Cuív asked if people would have to buy land to build replacement septic tanks. Planning permission applications for small sites should allow a liberal approach to the regulations to allow a septic tank system to be installed under the site's limitations.

Brian Walsh (Galway West, Fine Gael)
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I commend the Minister for the Environment, Community and Local Government, Deputy Hogan, for addressing this issue in a fair and timely fashion. I welcome the departure from the tactics of the previous Administration of persistently burying its head in the sand when it came to complying with its legal obligations under EU law.

I do not expect this will be popular legislation but the days of making populist decisions to the detriment of the common good have been thankfully consigned to the past by this Government. Listening to the Fianna Fáil Members this afternoon, it is clear they learned nothing from their mistakes in the past which brought us to near ruin. It is clear they would prefer if we followed in their footsteps by ignoring the problem and adopting a light-touch regulatory approach, the same approach that caused so much damage to other sectors of the economy.

I welcome the introduction of the Bill because it will bring to an end the harmful and self-serving campaign of scaremongering orchestrated by the Opposition, particularly Fianna Fáil, in recent months. This scaremongering has caused considerable distress for many people, particularly the elderly and those on low incomes, across the country. The Opposition claims the annual inspection fee would be €300. That is false as it will be no more than €50. It claims the appeal charge will be €200. Again, this is false; it will be €20. It suggests this is the thin end of the wedge with the Minister increasing the fees at every budget, another false claim as this is a once-off charge of €50.

The Opposition claims the majority of tanks will be inspected. The information from the Department, however, suggests it will be considerably less than that with only one in five tanks inspected. The Opposition alleges the cost of replacing a septic tank and the associated remedial works will cost €17,000. If that is the price Fianna Fáil can negotiate for this type of work, I am not surprised it made a hash of the interest rate negotiations on the EU-IMF deal. Thankfully, the Taoiseach was able to renegotiate a €10 billion reduction in the rate.

One of the main proponents of this misinformation campaign that began in early summer is my constituency colleague, Deputy Ó Cuív. In most cases I respect his opinion but, unfortunately, not in this instance. It appears the trauma of Fianna Fáil's general election result is having a detrimental effect on Deputy Ó Cuív's memory. As a Cabinet member, he helped renegotiate the programme for Government between Fianna Fáil and the Green Party in 2009 which pledged to introduce legislation which he is now opposing. The programme stated, "We will introduce a scheme for the licensing and inspection of septic tanks and wastewater treatment systems". The main difference between the previous Government and this one is that this Government has the courage to deal with this issue.

What is particularly disappointing about Deputy Ó Cuív's attitude to this Bill is that he should know better coming from west Galway which has had three serious water crises with cryptosporidium and E.coli contamination along with lead poisoning. He should be acutely aware of the damage poor water quality has done to families, tourism, local economies and in attracting investment, particularly from medical device and health care companies. Good water quality is an important resource in any economy.

Deputy Kyne referred to Deputy Ó Cuív's statements at public meetings that he would go to prison rather than pay the registration fee. That is an outrageous suggestion from someone who has held senior office. It is clear he is anxious to follow in the footsteps of his grandfather. He even embarked on an abortive campaign to occupy Áras an Uachtaráin but the door was firmly shut in his face by his party leader. The legislation will not see people going to prison for not paying the registration fee. Again, this is more misinformation from the Opposition.

I welcome the Water Services (Amendment) Bill and compliment the Minister on introducing it. While it may not be popular legislation, the Minister has indicated a grant scheme will be introduced after the inspections have been carried out. It is prudent to quantify the extent of the problem first and introduce the scheme thereafter.

Tony McLoughlin (Sligo-North Leitrim, Fine Gael)
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I welcome the opportunity to speak on this important legislation which raises many issues for rural communities. As a Deputy representing both Sligo and north Leitrim, a large part of my constituency contains people who will be affected by this legislation.

Ireland is now facing the imposition of substantial penalties and fines from the European Court of Justice. The European Commission lodged an application to the court for this purpose in July. We are in this situation due to the lack of prioritisation given to the matter by the previous Government. I compliment the Minister for the Environment, Community and Local Government, Deputy Hogan, who has taken the bull by the horns by acting decisively and without delay.

Despite having had a Green Party Government from 2007 to early this year, no proposals were put before the House, even with the EU breathing down our necks. In the renewed programme for Government in 2009, there was a clear commitment to bring forward proposals. However, the previous Minister was too busy to do anything because he was trying to watch his partners in Government who were effectively clinging on to power at all costs.

There is considerable concern regarding the registration fee of €50. During the summer, I had to listen on my local radio station in Sligo to Independent MEP, Marian Harkin who, for her own political expediency, organised community meetings across the Ireland West constituency to tell people that this registration fee would be €300. It is a far cry from €300. People had every reason to be frightened and concerned and she was helped in disseminating this misinformation by the Opposition. As a public representative, why could this MEP not contact the Minister directly on this matter? I suspect the truth might not have offered much of a story for the road show. It is fundamentally wrong that politicians would seek to make capital out of this issue when they know in their hearts that this Bill is necessary in order that we fulfil our EU obligations and avoid paying massive fines.

I ask the Minister to consider ways and means to provide aid for people who must upgrade their septic tanks and who do not have the financial capacity after the registration process is complete in 2014. Infrastructure funds for upgrading our town and village sewerage facilities should be considered. A percentage could be siphoned off into a fund for such people living in the rural communities. This option along with aid that provided through the Leader programme should be examined by the Minister. Local partnership and development companies are rolling out the warmer homes initiative, which grant aids the provision of insulation for homes and targets citizens who qualify on the basis of their income. I would like this model to be examined.

Development companies involved in the roll-out of the Leader programme are ideally positioned to provide support after 2014 and, as the Minister is responsible for these agencies, he should consider this proposal. I acknowledge that this will not arise until the completion of the registration process and I further recognise that only a small percentage of these units will not do what they are supposed to do. However, I ask the Minister to consider these ideas. Perhaps departmental officials could examine them.

I wish to highlight the current issues pertaining in County Leitrim. In January 2010, the then Minister, John Gormley, issued circular PSSP 1/10 to all planning authorities regarding the implementation of the 2009 code of practice on wastewater treatment systems serving single houses. This circular basically insisted that each local authority must be governed by the code of practice. It means that counties such as Leitrim with soil that has poor percolation could not allow planning for one-off houses served by a septic tank or similar system. This means the sons and daughters of farmers are prevented from building on their own land because of this famous dictat from the previous Government and this has, rightly, caused outrage across this rural county.

The Minister visited and met the members of Leitrim County Council last June to hear their concerns and those of the rural communities they represent which are extremely frustrated with this situation. I appreciate his time and his Department's efforts to date with the council to try to seek a resolution to this impasse. The council has put forward a Danish system it believes can meet the required conditions unique to Leitrim and that can be adopted to the consistent rainfall unique to our north-west region. The STRIVE programme, based in Wexford will take four years, which is too long. I urge the Minister to consider allowing the council to run with this system on a pilot basis. These systems can be monitored regularly, inspected and amended accordingly. If the Minister, the Department and the EPA can facilitate this proposal, then we will be able to see light at the end of the tunnel.

I believe this Bill to be the fairest way of complying with our obligations under the wastewater directive.

Sandra McLellan (Cork East, Sinn Fein)
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I welcome the opportunity to contribute to the debate. This issue, understandably has been i mbéal an phobal over the past number of months. Many people, particularly in rural and one off houses, were startled when they heard of this charge earlier in the summer. At that stage, there was significant panic about the notion of fees of €200 or €400 per annum for registration and inspection. In many respects the community and parish halls around the State continue to be filled with people exercised on this issue because considerable speculation, misinformation and lack of information remains.

Clarity on a number of issues is important. In the first instance, we have an issue with the registration and inspection fee. While on some levels it might not appear unreasonable, it is important to understand that many people are just keeping their heads above water in terms of household budgets. While €50 does not seem a huge amount, it must be considered in the context of the myriad cuts in supports and hikes in expenses that ordinary families have experienced over the last period. We are guaranteed that this is set to continue. In addition, cuts to rural transport systems, bans on turf cutting, closures of rural post offices and Garda stations, as well as cuts in welfare rates and increases in VAT, fuel and car tax are changing the nature of rural life and making every euro that little bit more important.

This added septic tank charge will be employed in many instances where homeowners have no other option. They cannot get connected to a local authority scheme. In essence, for those people, this amounts to double taxation. They contribute to a fund that they get no benefit from and now they will have to pay again. Many rural dwellers still feel vulnerable and worried about this issue. That is evident from the level of engagement across the State. A frenzy has been whipped up in certain areas which makes it difficult for people. A handful of cowboys have stepped into the vacuum of misinformation and disinformation looking to exploit people as they go from house to house offering so-called inspections and installations at a premium. It is important if we go down this road that the Government does not employ a similar tactic of over applying the agreed specifications, when they are agreed, in an attempt to raise revenue or create a viable business plan for private sector contractors. The scheme should be wholly delivered within the public sector.

It is important to address, by way of adequate and comprehensive clarification, what the scenario will be for those who are registered and have their system ruled inadequate. That unknown has people agitated and expecting the worst. Figures being thrown about are in the region of thousands of euro. One constituent came to my office in Youghal to say he cannot afford the new €15,000 septic tank charge. With everything else that is going on, it is understandable that people are up in arms. Clarification, as soon as possible, on the funding mechanisms and levels of support available from Government - hopefully somewhere in the region of 100% - for people who do need re-installations or upgrades, is essential. In addition, if the Minister seriously thinks that rural dwellers are in any position to fork out thousands of euro for this scheme in the current climate, he is greatly mistaken. Every euro counts and every €1,000 counts a lot more.

The Minister rejected the Sinn Féin amendment in the Seanad, but it is only reasonable that an inability to pay waiver be included and applied. If the figures announced this morning are to be believed, we do not know what is around the corner with respect to the economy. We do not know how significant these costs will be to ordinary people going forward. The most vulnerable in society need to be protected.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Minister needs to go back to the drawing board with this legislation. I do not believe it is good enough. It provides for what would be an undue and unjust imposition on householders in rural Ireland and this case has been put to him time after time not only by Opposition Deputies but also by Deputies in his own party.

I am sure the Minister does not need to be told the extent of the concern this legislation has raised across the country, as he must be aware of it. I am also conscious of the double standards of members of the last Government who had years to address the need to protect our water and our land from pollution to comply with the relevant EU directives and to put in place a fair and equitable response. They failed to do so and now some of them are parading the country trying to drum up support for themselves on the back of this issue. It is perhaps appropriate that some members of Fianna Fáil believe septic tanks can be a basis for their revival, given the toxicity of their party and the depths to which it has descended. Notwithstanding those double standards, many in rural Ireland have genuine and justified concerns regarding the legislation. Those concerns must be listened to and acted upon. I appeal to the Minister to take action in respect of them.

There is an absolute need to address the pollution of our environment by effluent from septic tanks. Water quality is a major issue which must be addressed in an effective manner. We would be obliged to do so, regardless of whether there were EU directives relating to this matter and whether there were hefty fines for failing to implement such directives. The problem lies in the manner in which implementation is proposed. This Bill, once again, targets additional fees at householders. We are concerned, in the main, with rural householders who have provided themselves with septic tanks at their own expense. Unlike most urban dwellers, they do not have access to the facilities provided by local authorities. In the immediate aftermath of the general election, but before he became Minister, Deputy Hogan promised a local stimulus package that would include septic tank remediation. There has been no discussion in respect of this package since the Minister took office. That is part of the problem.

The proposed system of inspection and fees gives rise to questions as to whether what is being done here relates to the Government being seen to implement the directive or whether it is about achieving real results and protecting our land and water from pollution. Rather than waste resources on establishing a new regime of inspection, Sinn Féin proposes that inspections be carried out by local authorities. In line with the Minister's thinking on this matter immediately after the general election, we have put forward a scheme of income-related grants in respect of septic tank remediation. Our clear aim must be to clean up our environment not to raise revenue but rather to fund a system of inspection. For these reasons, the Bill in its present form is, regrettably, unacceptable. There is time to get it right.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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What was done in Cavan?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Minister should ignore those who would press him to take urgent action. There are alternatives and I urge the Minister to pursue them. Once upon a time, he had the right answer.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Deputy should tell me about Cavan.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Cavan is where it started. I know well the history of this matter.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Deputy should tell me what is the solution.

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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Deputy Lawlor's comment to the effect that this matter dates back to 1975 is an indictment of every party in this House with the exception of one. If memory serves, the Minister's party was in government in 1975 and did not leave office until 1977. It was also in and out of government in the early 1980s.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Where was Deputy Martin Ferris during this period?

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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Fine Gael was also in government in the 1990s. The Labour Party was also in government at various points during the period in question. Some of those who are now members of that party were formerly members of Sinn Féin the Workers Party, the Workers Party and Democratic Left. There were also the now defunct Progressive Democrats and the Green Party, which is no longer represented in the Houses.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Where was Deputy Martin Ferris?

Jack Wall (Kildare South, Labour)
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Please, Minister.

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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The parties to which I refer all abdicated their responsibilities in the past.

The Government does not realise the anger to which the issue of septic tanks has given rise among those living in rural areas. In my constituency and in others throughout the Twenty-six Counties, public meetings have taken place. People have come together and organised themselves and the e-mails Members have received in recent weeks provide an indication of the extent of their concerns. More than 200 people gathered in the small village of Scartaglen the week before last to voice their concerns in respect of what is coming down the tracks. The anger was palatable at that meeting and people stated that if fines are imposed by the local county council, they will not pay them. Others stated they would go to prison rather than pay fines.

The Government claims that it was necessary to introduce this Bill in order to comply with an EU directive. That is true. However, as other speakers and I have pointed out, successive Governments of which all the main parties were members were content to ignore this matter. As a result, it was placed on the long finger for decades. Ordinary householders, many of whom are already struggling, will be asked to foot the Bill for those years of neglect.

The Bill is another attack on rural dwellers and, as previous speakers indicated, it is one in a series of moves to undermine rural communities. Anyone who knows rural Ireland will be familiar with the sight of closed post offices, shops and creameries. They will be also aware that rural bus services have either been reduced or have disappeared entirely. Many villages have lost that which was once the centre of people's lives. The countryside is dotted with closed pubs and shops, which reflects the depressing economic impact of the austerity programme. Common sense indicates that the effects of closing down businesses, reducing people's incomes and denying public investment and support will lead to a vicious circle of depression.

The Bill is not formally a part of that process but there are financial implications for those on whom it will impact. The latter regard it as just another part of the attack on their living standards and on their overall standard and quality of life. In addition, and as already stated, people are angry because they perceive the Bill as part of a move towards undermining rural communities and penalising those who thought they had already complied with the regulations that were in force and who have already paid for the installation of their septic tanks. In that context, I refer to the percolation test introduced in 2009. How will the latter fit in with the new regime being introduced under this Bill?

I wish to provide one example in respect of this matter. It relates to a small village with which I am familiar and located in which are a number of small cottages. The cottages to which I refer were built before the public sewer in the village was put in place and, as a result, there are septic tanks in their back gardens, etc. The people who own these properties want to connect them to the public sewer. This would merely involve cutting into the existing sewer pipe and connecting new pipes to it from these cottages. The owners are prepared to do the remainder themselves. However, Kerry County Council wants to charge these people €10,210 to have their homes connected to the public sewer. I contacted the council as recently as 4.30 p.m. to double check that this is the position. The people who live in this small village and on its outskirts are being quoted that amount of money to achieve the connection to which I refer.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Perhaps the Deputy would forward me a note in respect of that matter.

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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I will do so. These people will be obliged to pay further charges if their septic tanks do not meet the requirements laid down in the Bill before the House. What are they to do and how are they expected to pay such charges? It is for the reasons I have outlined that people are concerned. They expect Members of this House to do more to allay their concerns.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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The Government parties appear to be trying to intimate that in some way those who are opposed to the legislation do not care about water quality. They know that is nonsense. Those of us who live in rural areas are conscious of the need to have pure water.

We are concerned about the Bill because it represents a further attack on those who live in rural communities. In Sligo, Leitrim and elsewhere, the legislation is seen as but another way to undermine those communities. As Deputy Martin Ferris stated, we have witnessed the reduction of bus services in rural areas. In Sligo, airport services have been reduced. In addition, many post offices and shops have closed and public long-stay nursing homes in rural areas are under threat of closure. I could go on and on in this regard.

There has been a great deal of discussion with regard to the previous Administration and much of it is extremely accurate. Those in government may not have stopped to consider a particular fact. It is that following its drubbing in the recent general election, Fianna Fáil resembled the dead parrot in the famous Monty Python sketch. However, this issue has clearly given that party a new lease of life. That Fianna Fáil would have done exactly what the current Government is doing is neither here nor there. It is, however, a tribute to those in Government that they have managed to breathe a vestige of renewed vigour into the parrot that is Fianna Fáil.

Deputy Martin Ferris referred the numerous public meetings that have taken place in respect of this matter. I have attended many such meetings. It might be salutary for some members of the Government, in particular, the Labour Party, to attend - I would caution that they need to go in disguise - some of these meetings to witness the anger. I single out the Labour Party, in particular, because if it is not careful, it will find itself tainted with the same anti-rural aura that was once proudly borne by the Green Party in a previous Administration, as the Minister of State, Deputy O'Dowd, will recall, when it was planning to stop people building and engaging in rural sports. One matter for which we should be thankful is that it was consigned to the septic tank of history before it got around to banning hurling and the national ploughing championship.

If any of the Government backbenchers or Ministers happen to attend some of these meetings they will experience the deep anger that exists on this issue. It is not that people do not want clean water but all of this is related to the overall assault on our society in the interests of Anglo Irish Bank bondholders and the IMF. There are choices being made on how money will be spent. It will not be spent on infrastructure to help people to have pure water. It is being spent on Anglo Irish Bank bondholders and the IMF, but this time it represents a targeting of people who happen to live in rural areas and it is unfair.

What is particularly annoying is that people have already paid to install their septic tanks. They installed them in accordance with the specifications laid down and they got planning permission for them. Those who went by the book are now being told they must pay to register, pay for an inspection or inspections, and pay to replace or to repair. At the same time the Government cannot go back to somebody who was awarded a pension two years ago and renegotiate it because it says to do would be unconstitutional. Yet, it can screw the person who did everything by the book ten, five or two years ago.

I have seen no scientific data to show where, whether or to what extent septic tanks were or are damaging water supplies in Ireland. I am not saying that data does not exist. I am merely saying that I have not seen it. I presume the Minister of State has seen it. I presume it exists and I would like to see a copy of it, if that could be arranged.

Fergus O'Dowd (Louth, Fine Gael)
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The EPA annual report contains all of the data on water quality and if one queries the boil notices and the reasons for them, one gets all the data on fecal contamination.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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I want to see the scientific data-----

Fergus O'Dowd (Louth, Fine Gael)
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It all is there.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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-----that was considered in the EU court hearing.

Jack Wall (Kildare South, Labour)
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Deputy Colreavy has one minute remaining.

Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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I want to get a copy of the scientific data that was considered during the course of the EU court hearings. If it is not available and if it was not considered by the EU court, it is time to change the lawyers. I suspect that the EU court threatened that because a system was not in place, we are in breach of our obligations but there was little, if any, regard paid to the level of water pollution. I want to see what scientific evidence was put forward to the EU court.

My party is not opposing the Bill for the sake of opposition. We have put forward amendments which should have been considered. It is not too late. It is better to spend a little longer on this and get it right than to rush something that people will hold against Fine Gael and the Labour Party for many years go come. I hope that the Minister of State and his colleagues on the backbenches will accept that my party has put forward its proposals in good faith.

Jack Wall (Kildare South, Labour)
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I understand Deputy Ann Phelan is sharing her time with Deputies Hannigan, Seán Kenny and Costello. Is that agreed? Agreed.

Ann Phelan (Carlow-Kilkenny, Labour)
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I thank the Acting Chairman. I have no choice.

It is only when we visit other countries that we realise that we have treated our most precious resource in a cavalier fashion. If one pollutes or wastes water in Australia, one will suffer severe penalties. We are now on a clear purpose to enhance and protect public health and the environment for the benefit of rural dwellers and a better quality water supply for everybody.

I am pleased to note from the Water Services (Amendment) Bill 2011 that we have reached the stage in this country when a real attempt is being made, albeit forcibly assisted by EU concerns, to install legal measures designed to prevent human waste from entering the food chain. Such waste or contamination is the main source of water borne pathogens, including cryptosporidium, which we all know is so expensive for all local authorities to treat.

I am also pleased to note that in the Seanad last week colleagues of every party made it clear that they agreed with the overall objective of the Bill, which is to protect groundwater sources. Some had difficulty with the wording of the Bill as drafted but nobody had difficulty in supporting a proper regime of regulation, including registration, inspection and remediation. No doubt this consensus was greatly influenced by the fact that the Renewed Programme for Government, agreed between Fianna Fáil and the Green Party on 10 October 2009, committed to introducing a scheme for the licensing and inspection of septic tanks and waste water treatment systems.

As with much progressive new legislation going through this Dáil, realism has now taken over. Some concerns were rightly raised about the lack of State action through local government to clean up its act. This is a legacy issue because of the scandalous under funding of public sewerage treatment plants during the housing boom.

Failure to prioritise provision of water and sewerage treatment ahead of development has been the frequent cause of pollution and risk to public health. This failure became clear on 29 October 2009 when the European Court of Justice ruled against Ireland on the treatment of waste waters from septic tanks and other on-site waste water treatment systems. The court found that by failing to adopt the necessary legislation to comply with the EU Waste Directive, Ireland had failed to fulfil its obligations under that directive. Ireland is now facing the imposition of substantial penalties and fines from the European Court of Justice. The European Commission lodged an application in the court for this purpose in July. We are in this situation due to the lack of priority given to the matter by the previous Government. This Government has acted decisively and without delay to address this issue and to protect the country from having to pay substantial fines to Europe.

The failure to dispose of domestic waste waters in the Irish countryside through septic tanks and other individual waste water treatment systems is why we are in this mess today. Septic tanks and other on-site waste water treatment plants, along with organic farm waste, were identified by the EPA as the most likely causes of E. coli contamination in groundwater. It is expected that only a minority of systems inspected will require major upgrading. The costs of this are difficult to quantify.

Jack Wall (Kildare South, Labour)
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Deputy Ann Phelan has one minute remaining.

Ann Phelan (Carlow-Kilkenny, Labour)
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I thank the Acting Chairman.

To allay the fears of those on low incomes who must upgrade, I welcome the Minister, Deputy Hogan's, assurances in the Seanad last week. He stated, "Grants are something that can be considered when we know the extent of the problem ... in 2013". These assurances are important to my constituents, as is the Minister's commitment that he will not be found wanting in looking at a grant system in 2014. For all those reasons, I am pleased to support the Bill because I believe that it is in the best interests of communities throughout the country.

The scaremongering that went on about the Bill in trying to ratchet up a kind of revolution against it was totally irresponsible. It was unbelievable the way some Members of this House carried on.

Dominic Hannigan (Meath East, Labour)
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I welcome the opportunity to speak on the Bill. Like the previous speaker, I completely reject the assertions of Deputy Niall Collins and Eamon Ó Cuív that this is an attack on rural dwellers. This is a scheme that will help to keep rural Ireland a safe and beautiful place to live. The fact is that their party, Fianna Fáil, ignored this problem for years upon years, much as it ignored the start of the financial crisis. We do not want to find rural Ireland in the same place we have reached in regard to the financial crisis, and we do not want an environmental crisis.

We are busying clearing up their mess. What they are doing is scaremongering. I know from public meetings being organised by Fianna Fáil across County Meath that some people are scared that we are about lump huge costs on them, which is not the case. Under no circumstances is this Government targeting those people who live in rural areas for excessive costs. We want to protect rural dwellers.

I listened to Deputy Colreavy earlier. While I accept his bona fides, I do not accept this issue is similar to that of the Anglo Irish Bank bondholders. We are trying to clear up this mess and we are acting very quickly on a subject that Fianna Fáil refused to act on for decades. We are trying to make sure the concept of a green island of Ireland is still true in 20 years time.

Fianna Fáil has thrown around a figure of €300 for the registration of septic tanks. I know from public meetings and from notices that have been put around shops in County Meath that it is putting out this message. Let us be clear. The cost we are talking about for registration is approximately €50, not €300. This is the only charge people with a working tank will have to worry about, and it is not an excessive amount for the positive benefit that it will bring to local communities.

The problem of non-functioning tanks will be tackled in a phased and intelligent way. The risk-based approach by the EPA will target areas that are likely to have high incidence of environmental damage from out-of-date septic tanks. This is international best practice. The plan is being developed by the EPA and will be announced in the middle of next year.

I will not apologise for the fact we need to protect the quality of our water supplies. We have seen the pressure that is put on families when schemes in rural and urban areas are contaminated, which can mean months of buying bottled water or constantly boiling water, which is not fair on families. The purpose of the Bill is to address the issue of septic tanks that are polluting the local area. No one in local communities benefits from this pollution. All it does is to bring down the quality of life in these rural areas.

We are behind the rest of Europe when it comes to legislation. Similar legislation has been in place in Northern Ireland since 1973 and previous speakers noted it has been happening in Cavan since 2004. Neither of those places has seen a huge exodus of rural population because of septic tanks - that just does not happen and it has not happened. This scaremongering is creating an unease in rural populations that is not needed. It is cynical politics by Fianna Fáil and we can all see through it.

Seán Kenny (Dublin North East, Labour)
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This Bill is required by a European Court of Justice ruling against Ireland in respect of treatment of waste water from septic tanks. As a result of this case, Ireland faces a potential lump-sum fine of €2.6 million as well as daily fines of €26,000 as the non-compliance continues. As an economy we cannot afford that.

It is worth recalling that the previous Government made commitments on this issue. The renewed programme for Government between Fianna Fáil and the Green Party had a commitment that they would introduce a scheme for the licensing and inspection of septic tanks and waste water treatments. Ireland is now facing the imposition of substantial penalties and fines from the European Court of Justice and the European Commission has lodged an application to the court last July in this respect. We are in this situation due to the lack of priority given to the matter by the previous Government whereas this Government has acted decisively in the matter.

Poorly managed septic tanks can pollute the environment with harmful substances such as E. coli. The new legislation seeks to enhance and protect public health and the environment, which will in turn benefit rural dwellers in terms of a better quality of life and better water quality. In 2010, a HSE survey of private well quality in counties Sligo and Leitrim revealed a rate of 76% non-compliance with standards required under the drinking water regulations of 2007. Faecal contamination, particularly of groundwater, has previously been highlighted in a number of reports by the EPA. Septic tanks and other onsite waste water treatment plants, along with organic farm waste, have been identified as the most likely causes of E. coli contamination.

The bill sets out certain duties applying to householders with septic tanks, who would be obliged to register and ensure their septic tanks do not pose a risk to the environment. Water service authorities are to maintain a register of the septic tank holders and, on the sale of premises, the Bill envisages that a certification of registration must be produced and that the new owners must then notify the appropriate water services authority of the change of ownership. Inspectors appointed by the EPA are to carry out a regime of inspections and notify the relevant water services authority if there are breaches of any regulations issued under the Water Services Act 2007 or if the septic tank poses any risk to the environment.

Inspections may give rise to householders being advised to improve the maintenance of their systems or, indeed, upgrade or remediate the treatment system. The registration fee is likely to be approximately €50, to be paid every five years. The revenue from this registration fee will fund the inspection regime.

With regard to water services generally, I wish to make a number of additional points which I believe are critical. There is an ongoing water supply problem, with outages, in the Portmarnock of my Dublin North-East constituency. The issue relates to the delay in construction of a new reservoir at Seamount, Malahide, which will serve Malahide, Portmarnock and Kinsealy. It should have been in place by now but there is a long-drawn-out dispute over way leave. I request the Minister to ask whether that dispute can be resolved with a timescale for completion of this badly needed reservoir be provided.

It is reported in today's press that Dublin City Council has stated 150,000 homes in the Dublin and Wicklow area could be left without drinking water if an unstable 19th century water tunnel collapses. The council is quoted as stating that the Vartry water tunnel "could suffer a partial or total collapse at any point in time", which could have a further knock-on effect in the greater Dublin and Leinster area. Dublin City Council stated it would not be in a position to build a replacement tunnel until 2013. This situation, therefore, needs to be urgently addressed by Government.

Joe Costello (Dublin Central, Labour)
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I am pleased to have the opportunity to speak on this important issue of water services. It is incredible that, more than 35 years after the promulgation of the directive, we are in a situation where there is no regulatory or inspection mechanism to deal with septic tanks and other rural treatment services, and that there are some 450,000 septic tanks throughout the country. It is amazing that such a period of time should have gone by, when all directives from the European Union are supposed to be transposed into legislation within three years. It is also incredible that it has taken until now for the Commission to take us to the European Court of Justice on this issue.

I was a member of the Committee on European Affairs for a number of years and this issue came up every year. It came to our attention that Cavan was the only county in Ireland that got its act together in 2004 and put regulations in place that provided for proper inspections, if not registration, of septic tanks. The local authority charged for those inspections at a rate of approximately €200 per inspection whereas, under this Bill, there will be no charge for inspections.

There is a huge issue of scaremongering around this legislation. It is one of the most important Bills that could come before the House. It has everything to do with public health, preventing contamination of ground-water in the system and getting rid of all of this terrible negative publicity we have every year, with major fish kills in our rivers and lakes. There is also the E.coli pollution that occurs, with the result that the people of towns and villages must buy bottled water.

It is amazing that any Government over the last period of time should have allowed this to continue, particularly the last Government. I am not referring to the successive Fianna Fáil Governments that have been in place for the last 14 years but the last Government in which there was a Green Party input. The coalition partner in the Government was the Green Party and the Minister with responsibility for the environment was the leader of the Green Party, but it did not deal with this matter. It had been given ample warning in 2009 when the decision was made by the European Court of Justice. However, it was only in 2011 that the European Commission decided to implement the penalties. The reason this legislation must be passed urgently by the House is to ensure Ireland is not subject to penalties of approximately €9.5 million per annum. It is a colossal amount.

This is a country that prides itself on being the green island of Ireland, with the best quality agricultural produce in the world, untainted by the many negative or toxic substances that might be found in other countries. The IFA argues that we must have a policy of food security in the European Union and that we should not be importing food from great distances because we can guarantee the quality of our food. However, consider what is going into our water. It can contaminate the drinking water for humans as well as animals and the agricultural produce that ends up in the food chain.

It is essential that we get our act together as quickly as possible. We must pass this legislation and forget all the scaremongering. The question of cost is a red herring. The cost of registration is €50, not €300 as the IFA and Fianna Fáil are claiming. It is outrageous scaremongering. The agricultural community has never had things as good as they are now. It is not a financial issue at present, and this is the time to do it.

I am pleased the Minister has brought this Bill forward and I commend it to the House. It is probably one of the most important Bills to be passed by the House this year.

Catherine Murphy (Kildare North, Independent)
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It is essential that we protect our water supplies, both groundwater and surface water. It is in the interests of public health and the environment. There are consequences if that does not happen, as we saw in Galway when people could not use the water supply for weeks on end. Those who visit an area will never forget such an occurrence. I recall planning to go to a place in Spain on holidays about 30 years ago. I still remember the name of the place because the water there was poisoned. There are consequences and we all accept that.

I accept the importance of quantifying the number of septic tanks, although the estimated figure of 441,000 given in the Bills Digest appears to be very precise. I also see the value in organising inspections. However, there is a deficiency in the Bill. It is silent on how the really serious problems will be dealt with. In particular, non-compliant older septic tanks are more likely to be located in properties where there are elderly people, but there is no concern about their ability to put them right. I see a big difficulty in that regard.

There are other difficulties. According to the Bills Digest, the capacity in the treatment plants for accepting sludge has not been quantified. It is a question, therefore, of almost going on tour to find a treatment plant that will have the required capacity. Many local authorities are trying to retain capacity in their sewerage treatment plants for industry or potential industry. Furthermore, there appears to be a type of chicken and egg situation with regard to the promised public awareness campaign. One would have thought there would have been a public awareness campaign before embarking on this course. That would have avoided much of the scaremongering that has been mentioned here.

People feel there is something to be fearful of because they are not sure whether their septic tank will be compliant. They are not worried about the registration charge but about what it will cost to fix the septic tank. I do not expect the tanks that were installed in recent years to present a problem but some of the older ones will present a problem, and the Minister cannot be silent on how he will remediate those, particularly if people do not have the means to do it.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I thank the Deputies on all sides of the House for contributing to this debate. It has generated a great deal of interest.

One of the issues that consistently arose was the possibility of financial support for upgrading and remediation of plants. Based on the experience with inspections in Cavan, the majority of the systems that were inspected were working well. It is expected, therefore, that only a minority of systems that are inspected would require major upgrading or replacement. I signalled in the Seanad my intention to keep the issue of financial support under review. It will not arise until the end of 2013 or early in 2014, when we will know the extent of the problem from the inspections that are carried out in 2013. As I said earlier, it is confined to the high risk areas. I will also be in a better position then to see how the finances of the local authorities and the country are positioned to deal with those issues.

A number of Fianna Fáil Deputies spoke about criminalising households. The maximum penalty to be imposed on an individual under this legislation is up to €5,000. There is no indictment, so nobody is criminalised with regard to the non-registration aspect of the Bill. In 2007, Fianna Fáil introduced the Water Services Act, which does criminalise people. It provides for penalties of up to €15 million in fines and five years in prison. It is interesting the Fianna Fáil Deputies did not mention that in the course of the debate.

It is true, and the EPA water quality report bears this out, that local authority waste treatment plants and facilities have been the cause of serious pollution incidents. Under the wastewater discharge regulations of 2007 all discharges to the aquatic environment from sewerage systems owned, managed and operated by local authorities require a wastewater discharge licence or a certificate of authorisation from the EPA. The authorities are required to apply to the agency for a licence or certificate of authorisation by set dates, depending on the population of the area served by the sewer network. The authorisation process provides for the agency to place very stringent conditions on the operation of such discharges to ensure that potential effects on the receiving water bodies are strictly limited and controlled. In overall terms, the aim is to achieve good surface water and groundwater status. Irrespective of the position with local authorities, the European Court of Justice ruling dealt with septic tanks and the ruling must be addressed on that basis.

I do not accept that the proposals are an unfair imposition on rural dwellers. The environmental and health issues must be dealt with as circumstances dictate and where the risks exist, for example, the banning of smoky fuels in Dublin and other areas in the 1980s. In the case of the proposed legislation regarding septic tanks, the protection of both ground and surface water quality, particularly drinking water sources, is paramount. In 2010, a HSE survey of private well quality in Counties Sligo and Leitrim revealed a rate of 76% non-compliance with standards required under the drinking water regulations. We must be mindful of the potential contamination of groundwater. This was highlighted explicitly in places such as Galway city in 2005 and 2006. Even if there had been no adverse ruling by the European Court of Justice, the pollution by on-site wastewater treatment systems would have to be dealt with to protect public health.

A huge amount of money has been spent in rural areas. Deputy Mattie McGrath must not realise that we are currently subsidising group water schemes in his constituency. A total of €0.5 billion has been spent on upgrading rural water supplies. A person can get a grant of €1,000 to replace a well. All these resources are targeted at rural people.

Last year, a total of €85 million was invested in the rural water programme, and I will be investing more money in 2012. In addition to that these amounts include payments from the Exchequer and the Local Government Fund under the group water schemes. To say money is not being invested in rural areas to upgrade the quality and quantity of our water supply-----

Mattie McGrath (Tipperary South, Independent)
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I did not say that.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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You did.

Mattie McGrath (Tipperary South, Independent)
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I never said that.

Jack Wall (Kildare South, Labour)
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Deputy McGrath, please.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Development fees charged to the developer by planning authorities include charges for connecting to both the drinking water supply and public sewers. Those fees were part of the purchase price paid by the purchaser and where a connection to a public water supply or a public sewer is not possible, the deductions are made by the authorities on the development levies. They take account of that.

I do not accept the suggestion that the proposed fee of up to €50 is some form of stealth tax. This is to cover the administrative charge and the costs of compliance. We do not expect all taxpayers in the country to do everything out of general taxation. I can confirm-----

Mattie McGrath (Tipperary South, Independent)
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They did it for the towns.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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-----that the €50 fee for registration is a once-off fee. There is no inspection charge of €300 a year that Deputy McGrath and others were peddling during the summer months.

Mattie McGrath (Tipperary South, Independent)
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No.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I heard him refer to €300 per annum.

Mattie McGrath (Tipperary South, Independent)
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Me?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Yes-----

Mattie McGrath (Tipperary South, Independent)
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I am glad the Minister was listening to me.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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-----and it proved to be wrong. I am happy to correct the Deputy.

Mattie McGrath (Tipperary South, Independent)
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It is €50-----

Jack Wall (Kildare South, Labour)
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Deputy McGrath, please. Allow the Minister to continue.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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It is a €50 once-off charge. There will be no charge for re-registration. There will be no inspection charge. The €50 covers everything.

Mattie McGrath (Tipperary South, Independent)
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For ever.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Yes, and it is in the Bill, which is very unusual. That never happened in Fianna Fáil's time. The €50 is in the legislation to make sure that people understand it. The revenue raised will be used by the local authorities to meet the cost of having inspections carried out in accordance with an inspection plan to be developed by the local authority and the Environmental Protection Agency, and the local authority will be responsible for the management of it.

Some people questioned the need for re-registration or registration. It is a fair question. Currently, there is no comprehensive register of septic tanks in Ireland.

Mattie McGrath (Tipperary South, Independent)
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What about the planning files?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I am coming to that. The Local Government (Planning and Development) Act 1963 came into force in October 1964 and records of developments carried out since then are held by the planning authorities. However, properties constructed since 1964 have been sold, sometimes more than once, and the planning records do not contain details of changes of ownership because under this legislation the owner is responsible for the condition of the septic tank. Ownership details regarding properties constructed before 1964 are not held. Also, under the Planning and Development Regulations 2006, applicants for planning permission are required to provide certain information in respect of septic tanks or other on-site wastewater treatment systems. However, this requirement only relates to developments commenced after 31 March 2007. Registration under the new legislation is necessary to allow us have up to date details of all owners of unsewered properties, whatever their date of construction, that can be recorded, along with the type of domestic wastewater systems in place. Also, we do not know what was happening before 1963.

The reason this legislation is urgent is that the European Commission went back to the courts last July and it will impose a fine of €26,000 a day, or lump sum fines of up to €2.7 million, if we do not file a defence early in 2012. This legislation is the defence to show that we are introducing an inspection and monitoring system to comply with the European Court of Justice ruling.

Mattie McGrath (Tipperary South, Independent)
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It discriminates against rural dwellers.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Deputy can continue saying that if he wishes but I am explaining to him the reason that is not the case. The court will reconvene in early 2012 and Ireland must have a defence. We can put our heads in the sand and say we do not need to bother with the court case and pay the fines. Is that what the Deputy is asking taxpayers to do?

Mattie McGrath (Tipperary South, Independent)
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No.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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That is fine. We have to have the legislation.

John Halligan (Waterford, Independent)
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The Minister could amend the Bill.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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It never ceases to amaze me how the members of the previous Government and their party colleagues, even the newly elected Deputies, can conveniently forget the commitments they made. It is only eight months since they were in Government. Page 24 of A Renewed Programme for Government agreed between Fianna Fáil and the Green Party - I believe Deputy McGrath was in Fianna Fáil at that time - states: "We will introduce a scheme for the licensing and inspection of septic tanks and wastewater treatment systems".

Tom Hayes (Tipperary South, Fine Gael)
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The Deputy voted for it.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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What has gone wrong since? The Deputy voted for that at that time.

Jack Wall (Kildare South, Labour)
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Please, Deputies.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I would also remind the House that we are now facing the imposition of substantial fines. That is due to the lack of prioritisation-----

Tom Hayes (Tipperary South, Fine Gael)
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We will have a public meeting about that next .

Mattie McGrath (Tipperary South, Independent)
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We will.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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This is south Tipperary politics. Deputy Healy will have to referee this debate.

Jack Wall (Kildare South, Labour)
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Please, Minister.

Mattie McGrath (Tipperary South, Independent)
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You are welcome, Tom.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I heard the Deputy had an expert in Tipperary the other night.

Mattie McGrath (Tipperary South, Independent)
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I had.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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This is due to the lack of prioritisation given to the matter by the previous Government. This Government is acting decisively to make sure we will not land the taxpayer again with another-----

Mattie McGrath (Tipperary South, Independent)
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Crucify the rural people.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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My Department is examining in detail the regulatory systems in place in other jurisdictions. I understand Deputy Halligan mentioned Northern Ireland and Scotland, and he said we should replicate it here. In Northern Ireland, regardless of-----

John Halligan (Waterford, Independent)
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I did not say that. I said we should not charge the householder.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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-----when a septic tank was constructed and installed, there is a discharge consent under the water order of 1999. The Deputy's Sinn Féin colleagues could have educated him about that. With effect from 1 April 2011 the application fee in Northern Ireland increased from £110 to £115 for a discharge licence.

Mattie McGrath (Tipperary South, Independent)
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That was fool's day.

John Halligan (Waterford, Independent)
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The Minister has his facts wrong.

Mattie McGrath (Tipperary South, Independent)
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That was fools day.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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So I am wrong and the Deputies are right. Deputy Halligan should listen to this. In Scotland, from 1 April 2006-----

John Halligan (Waterford, Independent)
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I am listening to the Minister.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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-----and this is not an April fool's job, the registration of the septic tanks with the Scottish Environment Protection Agency is required. The registration fees are £77 for on-line applications and £104 for using a hard copy application form. The Deputy ought to get his facts right in terms of the charges.

Mattie McGrath (Tipperary South, Independent)
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Do you have any figures on how many have signed up?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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No, but you will have an expert on Monday night. You will know everything after Monday night.

Jack Wall (Kildare South, Labour)
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Please do not talk among yourselves.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Deputies Doherty and MacLochlainn of Sinn Féin mentioned the Cavan model. The Cavan model was an excellent idea by Cavan County Council in 2004. It asked people to register. There were 100% inspections to be carried out. It cost an average of €200 to assess the septic tanks under the Cavan model. That is too onerous. Fianna Fáil Senators in the upper House forced a vote on an amendment to the effect that the Cavan model was the one we should introduce. They want people to have inspection charges, an average assessment charge of €200 to be paid every year-----

Mattie McGrath (Tipperary South, Independent)
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They want to know where they stand.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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They want 100% inspections.

Mattie McGrath (Tipperary South, Independent)
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They want something definite.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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They want inspections every seven years, and they want the private sector, not the public sector, to do it.

John Halligan (Waterford, Independent)
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The argument is that people cannot afford to pay.

Jack Wall (Kildare South, Labour)
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Deputy Halligan-----

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I mentioned that before the Deputy came into the House.

John Halligan (Waterford, Independent)
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It does not matter what it costs. People cannot afford to pay.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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That is what Fianna Fáil-----

Jack Wall (Kildare South, Labour)
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Deputy, please.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I am not in favour of the Cavan model because it is too onerous on people.

Mattie McGrath (Tipperary South, Independent)
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It is much easier than this one.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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No.

Deputy Ó Cuív, as a former Minister, has gone around this country in a disgraceful fashion. He has deliberately misrepresented people. He has told lies, and he is being hypocritical.

Mattie McGrath (Tipperary South, Independent)
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The Minister cannot say that.

Jack Wall (Kildare South, Labour)
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Minister, I ask you to withdraw that.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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What would the Cathaoirleach call it? Can he give me another word for it?

Jack Wall (Kildare South, Labour)
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No. The Minister mentioned it.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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It is untrue. He was a Minister-----

John Halligan (Waterford, Independent)
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What about the original manifesto?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I will deliver on my manifesto.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Deputy Ó Cuív was a Minister in 2009 when Ireland lost the judgment by the European Court of Justice. The Attorney General was representing the Government of which Deputy Ó Cuív was a Minister. He was a Minister that approved the revised programme for Government which stated that it would introduce a monitoring and licensing system for septic tanks. He spent the summer months misleading the public by telling them that there would be a charge of €300 per annum, that planning permission would be required to upgrade their systems, and that the EPA code of practice in the 2009 guidelines would be needed.

Mattie McGrath (Tipperary South, Independent)
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They will be needed too.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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No. Deputy McGrath is wrong again. I believe Deputy Ó Cuív owes the people of Ireland an apology. He has unnecessarily frightened elderly people and people living alone in rural areas. He has been totally irresponsible and if that is the style of politics------

John Halligan (Waterford, Independent)
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The Minister has frightened people with a €5,000 fine.

Jack Wall (Kildare South, Labour)
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Deputy, please refrain.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The legislation states that it is up to €5,000, and a person does not have to go to jail. I know that disappoints the Deputy.

Jack Wall (Kildare South, Labour)
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It is now 7.30 p.m. Please conclude.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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In conclusion, this Government will step up to the mark in protecting water quality and protecting the people of rural Ireland.

Mattie McGrath (Tipperary South, Independent)
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I hope so.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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We will protect taxpayers. We will protect ground water quality in the interests of householders, jobs, tourism and inward investment.

Mattie McGrath (Tipperary South, Independent)
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This is late November, not 1 April.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I am disappointed that the Fianna Fáil, Sinn Féin and independent Deputies do not accept this policy, and that they do not subscribe to protecting our rural quality of life.

John Halligan (Waterford, Independent)
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We accept the quality, but not the payment.

Sandra McLellan (Cork East, Sinn Fein)
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What about the inability to pay?