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

David Cullinane: When it happens in the Senator's area, he will know all about it.

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

David Cullinane: Senator Gilroy should read the first prosecution and then tell us if it is meaningless.

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

David Cullinane: It is very serious. It should be scrutinised.

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

David Cullinane: To expand on the good point Senator Ó Clochartaigh made about who exactly is liable, the Minister stated it is the individual. As Senator Ó Clochartaigh stated, somebody could in good faith have paid a contractor to install a septic tank system, that system may be faulty, an inspection is carried out and then, at the end of the process, there could well be a prosecution. It goes back to...

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

David Cullinane: Why then are we complicating it even more?

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

David Cullinane: We are complicating it. We are opening up all sorts of legal cases which should not happen. The point is why the owner should be responsible.

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: Committee Stage (Resumed) (23 Nov 2011)

David Cullinane: Fair points are being raised. The Bill states that a certificate of registration shall be valid for a period of five years from the date on which it was issued. Why will people be asked to reregister? They make an investment in their homes, and a septic tank system is also a life-long investment. Once somebody is registered, what is the logic of reregistering? The Minister said in...

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (23 Nov 2011)

David Cullinane: I said he is asking us to take a leap of faith, but it is quite possible there could be a reshuffle and there may be a different Minister in charge. It has nothing to do with this Minister.

Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (23 Nov 2011)

David Cullinane: I know the Minister has higher ambitions.

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