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Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: No.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: We are dealing with the fact that we have to comply with the ruling.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: Senator Byrne should tell me how to do it.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: Just give me the solution.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: Tell us.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: There is no imprisonment involved.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: It is.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: They will have no problem if they are in compliance.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: Could Senator Byrne give me his solution?

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: No.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: Will I read the court judgment for Senator Byrne?

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: For the benefit of Senator Byrne, as a legal man I am surprised he does not understand legislation and what we have to do to comply with a European Court of Justice judgment. He is advocating that we should pay €26,000 a day and €20 million in fines for non-compliance.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: I draw Senator Byrne's attention to article 4 of the judgment which specifies that member states shall take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and, in particular, without risk to water, air, soil, plants and animals and without causing a nuisance...

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: We must file a defence. Will Senator Byrne educate Senator Ó Domhnaill about the legal process?

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: In paragraph 47 of the judgment, as the Commission points out, Ireland admitted in court to not having expressly and specifically transposed Council Directive 75/442/EEC on waste water and submitted that Irish law as a whole ensures compliance with all obligations arising in that directive. We submitted that we were not in compliance with the directive on ground water and contamination and...

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: If everyone on that side of the House knew as much then as they know now I am sure we would have a different country. An Taisce has issued a statement welcoming the legislation.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: It will not go back to court.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: It has already said that it would not.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: It has already issued a statement saying it welcomes the legislation.

Seanad: Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages (1 Feb 2012)

Phil Hogan: I remind Senator Ó Domhnaill that under the 2007 Act, which is the principal Act, fines for section 70 in the Bill which relate to owners of system are set out in section 8(4) and the legislation specifies fines of up to €15 million and-or five years imprisonment.

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