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

Brian Ó Domhnaill: Criminalise the people.

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

Brian Ó Domhnaill: We did not touch septic tank owners.

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

Brian Ó Domhnaill: There is much more in the legislation.

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

Brian Ó Domhnaill: Jobs for solicitors.

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

Brian Ó Domhnaill: I move amendment No. 23: In page 6, to delete lines 32 to 34.

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

Brian Ó Domhnaill: I move amendment No. 24: In page 6, to delete lines 41 to 45 and substitute the following: "(11) An authorised person appointed by a Water Services Authority may not have the authority to request the owner of a premises connected to a domestic waste water treatment system to produce a valid certificate of registration in respect of the system.". This amendment relates to the powers of the...

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

Brian Ó Domhnaill: The amendment is with regard to the powers the authorised person, namely, the inspector appointed by the water service authority, may have to request a certificate of registration in respect of the system. We appreciate the inspector needs to have certain functions and authority to carry out his or her duties. However, the authority being given to private inspectors under the legislation is...

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

Brian Ó Domhnaill: -----it will be an offence under the legislation for the person not to produce a certificate of registration.

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

Brian Ó Domhnaill: It is not wrong.

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

Brian Ó Domhnaill: Is it not wrong to give the inspectors sweeping powers? Does Senator Gilroy agree with all of the statutory powers?

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

Brian Ó Domhnaill: That is strange.

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

Brian Ó Domhnaill: I move amendment No. 25: In page 6, to delete lines 46 to 48. Regulations are being introduced. I apologise, as I am a little confused. I hope the Cathaoirleach will bear with me.

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

Brian Ó Domhnaill: The Senator is very kind. Amendment No. 25 addresses the ten day period subsequent to an offence being committed. While I appreciate what the Minister is trying to achieve, leeway should be given. For example, the French Government and local authorities in France are trying to comply with Directive 75/442/EEC, but the timeframe for individuals to comply with the regulations was changed to...

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

Brian Ó Domhnaill: It relates to offences and the number of people in contravention of the legislation. Is the Department stating few septic tanks are not meeting the standard? That is what the Minister said on Second Stage. If so, I fail to understand why a retrofit grant scheme is not being introduced under the legislation.

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

Brian Ó Domhnaill: It is relevant to the overall cost to be placed on householders. Amendment No. 32 is not being discussed now but amendment No. 66 is.

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

Brian Ó Domhnaill: Yes. All of the amendments are interlinked and I appreciate the reason they are being grouped. Amendment No. 66 relates to fines and the criminal aspects of the Bill. The Minister's justification is that when the 2007 Act was introduced, the fine set was €15 million. The Act was introduced to deal with major developers who were causing substantial and massive pollution, including in...

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

Brian Ó Domhnaill: As the Minister referred to the issue, it is only fair that I be given an opportunity to refer to it. That legislation had nothing to do with septic tanks.

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

Brian Ó Domhnaill: My point relates to the offence committed. The Minister is introducing various offences under the legislation, whereby if septic tank owners do not comply with specific criteria, they will be deemed to have committed an offence. He did not need to introduce these offences under the legislation. In fact, he did not need to introduce any legal sanctions. Instead of introducing offences,...

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

Brian Ó Domhnaill: Encouragement and offences are like night and day. We are creating offences and criminalising people instead of trying to-----

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

Brian Ó Domhnaill: This relates to offences and penalties. The line we propose to delete is in section 70L(2), "A person who contravenes a regulation made under this section commits an offence." What are the regulations? We do not know what they are so what offence could someone commit as a result? We are giving sweeping powers here. A regulation which has not been made could constitute an offence. We are...

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