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

Brian Ó Domhnaill: Tá a fhios agam nach bhfuil an tAire Stáit, an Teachta McGinley, freagrach as an Bhille seo; níl mé ag cur an mhilleáin air. Tá mé ag iarraidh na himpleachtaí a ardú.

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

Brian Ó Domhnaill: Yes.

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

Brian Ó Domhnaill: We wish to record our objection.

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

Brian Ó Domhnaill: I move amendment No. 6: In page 5, to delete lines 22 to 24 and substitute the following: "(5) A certificate of registration shall be valid for the lifetime of the property or not less than a period of 40 years from the date on which it was issued.". It is disappointing that the other amendments have been ruled out of order, as they would have allowed the Minister to use the Bill as an...

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

Brian Ó Domhnaill: Amendment No. 6 has been returned to the list of amendments. We discussed this matter on Committee Stage, when the Minister indicated a willingness to consider extending the five-year re-registration period. We are proposing that the period coincide with the lifetime of the property or last 40 years, whichever is shorter. If the period is five, six, seven or eight years, there inevitably...

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

Brian Ó Domhnaill: Pass it on.

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

Brian Ó Domhnaill: We got no answers.

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

Brian Ó Domhnaill: This is another crazy example of legislation where local authorities are charging themselves. Why is there not a provision in the Bill that no fee is charged to local authority houses and all houses? We will end up with people pushing pens around desks to send out receipts to get the money back. They are charging themselves and it does not make bloody sense. This will take up time,...

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

Brian Ó Domhnaill: I do not buy the idea that there will not be an increased fee, not to mention the fee of €50, at the re-registration stage. The Minister is giving himself sweeping powers under section 70(l), whereby, by regulation, the Minister can introduce any such measures he wishes. It may not be prescriptive but the Minister is giving himself powers in this Bill,under section 70(l), to reintroduce...

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

Brian Ó Domhnaill: Apart from the legal difficulties this would create-----

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

Brian Ó Domhnaill: I will wait until the Minister has finished.

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

Brian Ó Domhnaill: I encourage the Cathaoirleach to sanction the Minister for this. We cannot agree to a re-registration system after five years, particularly given that the potential for increased costs exists and the potential legal difficulties.

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

Brian Ó Domhnaill: This Bill is riddled with legal loopholes that will be very good for solicitors in terms of conveyancing and court cases. A point raised during Committee Stage and relevant to the debate on this section is where the septic tank is on a third party property where no formal wayleave has been granted. Who has a legal responsibility in that case?

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

Brian Ó Domhnaill: We did not get an answer to that point. Legal opinion I have heard over the weekend suggests that this point of the Bill will cause legal loopholes.

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

Brian Ó Domhnaill: It is with regret that we press this amendment. I had hoped that the Minister would have a proposal that we could consider accepting this evening.

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

Brian Ó Domhnaill: The amendments nearly all relate to committing offences under the legislation. Ten days is far too short a timeframe and it should be pushed out. We argue that it should be almost a year and people would be given a long period to carry out any substantial works that might be required only after grant aid of at least 85% was made available and this would be done in a voluntary capacity where...

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

Brian Ó Domhnaill: Yes. If a person cannot produce a valid certificate of registration or impedes, obstructs or blocks an inspector from coming on to a property, it is categorised as an offence under section 70(g) and where a person fails to comply with an advisory notice under section 70(h), it is also an offence. There is also a duty of care to bring septic tanks up to standard. We do not even know what...

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

Brian Ó Domhnaill: The amendments are grouped.

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

Brian Ó Domhnaill: Is there a legal agreement with the Commission?

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

Brian Ó Domhnaill: The Minister said last night there was an agreement with the Commission.

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