Brian Stanley (Laois-Offaly, Sinn Fein)
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Question 2: To ask the Minister for the Environment; Community and Local Government the process, time frame and the terms of reference for the consultation process on drafting standards for septic tanks in line with the Water Services Bill 2011; and his plans for the establishment of a grant scheme for households who cannot afford to upgrade their septic tanks to meet those standards. [5950/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Section 70 of the Water Services Act 2007 provides that owners of septic tanks and other on-site wastewater treatment systems must ensure that their systems do not cause a risk to human health or the environment. The Water Services (Amendment) Bill 2011 augments the requirements of the 2007 Act and introduces a new registration and inspection system for septic tanks and other on-site wastewater treatment systems.

I am glad to say the President has signed the legislation. It is my intention, following the enactment of the legislation, to carry out a public consultation on draft performance standards for domestic wastewater treatment systems, which will be prepared by my Department in consultation with the Environmental Protection Agency. These standards will also include the minimum requirements for the maintenance and de-sludging of treatment systems. The consultation process, which will be open for four weeks, will commence later this month.

I have previously signalled my intention to keep under review all possible options to provide financial support to householders whose systems, following inspection, are deemed to require substantial remediation or upgrading. The position regarding the extent of failing systems and remediation costs arising will become clear when inspections are under way. However, any support must have regard to the overall budgetary situation and to the financial position of individual households.

Brian Stanley (Laois-Offaly, Sinn Fein)
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The Minister said that the consultation process would start later this month. Is he talking about three or four weeks time or next week? The Bill has been passed and was signed into law by the President today. How will people have an opportunity to have an input to this? We are not clear on the standards. The Bill has been passed by the Dáil and the Seanad and the President has signed the Bill. What will be the process and what will be the terms of reference? Are the draft standards available and can we see them? Must the Minister get EU approval of the draft standards and, if so, has it been received? Will the Minister take on board submissions from the public? It is fine having public consultation but sometimes it is little more than a box ticking exercise to say that the Department, the Government or the council has consulted with people. I do not want to be cynical and I take it at face value that the Minister is entering into this in a genuine way. It is important that people's views are taken on board. Will the standards refer to site size?

How will noise and odours be measured? It could be very subjective. What level of noise from pumps will be acceptable and how will the odour level be measured? I welcome the fact that the Minister is taking a risk-based approach. We have discussed this many times and it is the correct way to go. We need to give some certainty to people in high-risk areas close to aquifers and water sources, particularly those who will be in financial difficulty, that they will not be criminalised if they cannot upgrade and meet the standards very quickly as required in the Bill.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Deputy Stanley has had a long period of time as the legislation was passing through the Oireachtas to tease out these issues. No matter how often I say things, people read in whatever they want.

Brian Stanley (Laois-Offaly, Sinn Fein)
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That is the problem, the answers are too vague.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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We are here because the European Court of Justice lodged a judgment against Ireland in 2009 and we must deal with it. We must get agreement from the European Commission for anything we do. I have been in discussion with the European Commission in the past number of weeks and I am pleased to say that we have agreed these matters with the European Commission and the EPA.

Brian Stanley (Laois-Offaly, Sinn Fein)
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Has that been done?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Yes, we must file a defence on the part of the State tomorrow so we had to have agreement. I will publish the regulations and standards shortly and will set out the agreement we reached in order to comply with the European Court of Justice ruling.

Brian Stanley (Laois-Offaly, Sinn Fein)
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The Minister says he has the agreement of the EU and EPA on the standards, which will soon be published. I look forward to that. In the case of a pre-1963 septic tank, that did not require planning permission and that was built at the house owner's discretion, will it comply with the standards? The question also applies to those of a basic standard after that date.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Deputy Stanley will see the standards when they are published. There will be a four-week period of consultation and the misinformation and scaremongering by Fianna Fáil, Independents and Sinn Féin in public meetings around the country will be seen for what it is, generating fuss about nothing.

Niall Collins (Limerick, Fianna Fail)
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The same as the Dog Breeding Establishments Act.