Results 4,781-4,800 of 5,132 for speaker:Trevor Ó Clochartaigh
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: The Minister has said the owner is responsible. If he comes to my house, I may not be sure what state the septic tank is in until the test is done. If the tank is working but the groundwater is polluted and I fight the issue in the courts, under the legislation, I will be criminalised if the Minister is found to be right and I am found to be wrong. I could still sue my builder who botched...
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: With civil sanctions.
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: The Minister is proving my point.
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: This partly relates to what we have discussed about criminality in this Bill. I do not want to labour the point too much but it is a very serious issue. We are raising a serious issue about criminalisation and why we are tabling an amendment in this group of amendments. We do not feel there should be such serious sanctions, as they strike me as a draconian and heavy-handed way of dealing...
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: It is not available to us.
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: It is on the record that the Minister is happy with the advice.
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: I will take the Minister's word for it.
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: It seems draconian. An older person might lose a certificate or a certificate may not be available. Will we penalise pensioners who lose a certificate in transit? What happens, for example, if there has been a fire in a house and it has been destroyed? Will people be given replacement certificates?
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: It is not mentioned in the Bill.
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: Absolutely, and that is why we are raising some of the common sense questions
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: That is a little out of order. Many of the cases-----
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: Many of the cases that end up in court are not the run of the mill cases, but the exceptions-----
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: The point I am trying to make is that the law the Minister is putting in place makes it a criminal offence for somebody not to produce the certificate.
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: Exactly, but my point is about somebody who does not have their certificate-----
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: Senator Gilroy is confirming that if an old person has lost or mislaid the certificate, or if there has been a fire or a flood and the certificate has disappeared, he is happy that they be given a criminal record because they cannot produce the certificate when the officer calls to their door or within ten days of the officer calling.
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: I have asked the Minister a question.
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: I am being interrupted in such a way that I am not being allowed to ask the question.
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: The issue is that it does not say anywhere in the Bill that there is-----
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: I am merely making the point that there is no provision in the Bill to deal with a situation where somebody might have mislaid or lost their certificate or whose certificate has been destroyed. If an inspector calls to their door and they cannot produce the certificate, there should be some provision in the Bill under which the person can get a copy or duplicate certificate. There is no...
- Seanad: Water Services (Amendment) Bill 2011: Committee Stage (Resumed) (24 Nov 2011)
Trevor Ó Clochartaigh: I am trying to be constructive, because we hope that these matters will not end up in the courts. We are trying to offer suggestions on potential issues that could end up in court.