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Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)

David Cullinane: No. We are talking about him or her being criminally responsible for somebody who, in installing the system, may have created problems. Where that person is liable, I do not see that as fair.

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)

David Cullinane: It is not the same principle.

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)

David Cullinane: If somebody installs a system which is not up to standard, who is responsible?

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)

David Cullinane: The owner is being criminalised but he or she will have to take a civil action.

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)

David Cullinane: To reiterate Sinn Féin's position, we have no problem with inspections or with people being required to have a valid certificate of registration. We do not have any great difficulty with inspectors' powers either, our difficulty is with private inspectors. As we stated on Second Stage and during the debate on previous amendments, there is a wealth of individuals within local authorities...

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)

David Cullinane: The Minister is being very unfair. He is calling a Senator stupid.

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)

David Cullinane: Exactly.

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)

David Cullinane: Exactly, if the cap fits.

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)

David Cullinane: If a Minister comes into this House and asserts a Senator is stupid, we have a right to defend the Members of the House.

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)

David Cullinane: Has the Minister made a comparison or examined best practice in Europe in respect of criminal offences? This is an EU directive. In how many states does the directive apply?

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)

David Cullinane: What criminal offences apply and what penalties are in force?

Seanad: Water Services (Amendment) Bill 2011: Report and Final Stages (28 Nov 2011)

David Cullinane: I second the amendment and repeat the points made. We are asking the Minister to show common sense, about which he spoke the last time he was here, that the local authority or the water authority write to each household. There must be records in all planning offices of septic tanks which have been installed. This is to ensure that everybody is informed in writing that he or she must...

Seanad: Water Services (Amendment) Bill 2011: Report and Final Stages (28 Nov 2011)

David Cullinane: I move amendment No. 7.

Seanad: Water Services (Amendment) Bill 2011: Report and Final Stages (28 Nov 2011)

David Cullinane: Are we not taking them together?

Seanad: Water Services (Amendment) Bill 2011: Report and Final Stages (28 Nov 2011)

David Cullinane: I will speak when we are discussing it.

Seanad: Water Services (Amendment) Bill 2011: Report and Final Stages (28 Nov 2011)

David Cullinane: In a previous debate, the Minister stated that he would re-examine the question of re-registration. Instead of requiring all 400,000 owners to re-register, it may be better to put the obligation on owners to inform the water authority if changes are made to their systems. Contrary to what the Minister stated, no one is chasing shadows around corners. We are not concerned about a charge on...

Seanad: Water Services (Amendment) Bill 2011: Report and Final Stages (28 Nov 2011)

David Cullinane: I second the amendments. As things stand, a period of ten days is permitted. That is an unreasonable timeframe because it has been stated in this House repeatedly that people who apply for benefits or who make contact with State agencies very rarely have the applications processed in ten days. Ten days is a short period and a person could be sick and not in a position to do administrative...

Seanad: Water Services (Amendment) Bill 2011: Report and Final Stages (28 Nov 2011)

David Cullinane: What if somebody cannot pay the €5,000?

Seanad: Water Services (Amendment) Bill 2011: Report and Final Stages (28 Nov 2011)

David Cullinane: I second the amendment. As a point of principle, every State charge should be income linked and based on ability to pay. I have often heard it said, including before my election to this House, that politicians sometimes live in ivory towers and do not understand what circumstances are like for some. Although the charge is €50, the Minister will agree that, for many households, it...

Seanad: Water Services (Amendment) Bill 2011: Report and Final Stages (28 Nov 2011)

David Cullinane: Waterford.

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