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

Phil Hogan: Somebody has to be responsible. Human intervention is what changes things. It is also what makes things right. Under this Bill, human intervention will make sure septic tanks do not contaminate ground-water.

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

Phil Hogan: One can sue the people.

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

Phil Hogan: I did not interrupt the Senators. I ask them to allow me to speak. This legislation has, in the normal way, gone to the Attorney General and we are satisfied that the protections for property rights are in order and it complies with the judgments of the European Court of Justice in terms of the common good as set out in environmental law and property law.

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

Phil Hogan: The Senator should table the amendment on Report Stage.

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

Phil Hogan: I am not doing that.

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

Phil Hogan: As a member of the professions, Senator Denis O'Donovan will be aware that one delegates and devolves functions to architects and engineers to make sure everything is in order before one buys a house. What is required in this case is a certificate of compliance for a septic tank signed by an engineer. There is no need for another inspection to be carried out by a local authority.

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

Phil Hogan: The engineer signs up to the fact that the septic tank is working. That is what a professional does. An architect signs off that a house is in compliance with regulations, while an engineer signs a certificate of compliance indicating that the septic tank is working. If an inspection takes place in a few years at random, for example, in a high risk area, that is a separate issue. The...

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

Phil Hogan: I am glad the Senator does.

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

Phil Hogan: Solicitors in west Cork accepted the fact that a septic tank was not in the proper place a few weeks ago.

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

Phil Hogan: It should not happen and solicitors should not allow it to happen.

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

Phil Hogan: That covers a multitude.

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

Phil Hogan: As a solicitor, I am surprised the Senator accepts that the law is an ass.

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

Phil Hogan: Unlike Fianna Fáil, I am fallible. On the issue raised by Senator Ó Clochartaigh, we have provisions in place to ensure groundwater is protected and the owner is responsible, no matter where the septic tank is located. There is an owner who must be responsible and he or she has to be in compliance. There are consumer protections in place regarding professionals if they do not comply with...

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

Phil Hogan: We had a good example recently in Priory Hall. Professionals signed off on certificates without hardly having looked at the place. The system put trust in professionals by devolving functions to them to do the job properly for consumers, local authorities and householders. As they did not do so, I am changing the regulations to ensure this will not happen again and that there will be...

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

Phil Hogan: I am not. The Senator is asking me to take responsibility like a car owner for the manufacturer.

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

Phil Hogan: These provisions are consistent with the Water Services Act 2007 and relate to local authority compliance rather than inspections. The Senator stated ten days would be a reasonable lenght of time in which to comply, but that provision is contained on page 6 of the Bill.

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

Phil Hogan: If the septic tank is working there will not be any fines.

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

Phil Hogan: I will tell the Senator.

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

Phil Hogan: It is available to the Government. She is the law officer of the Government.

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

Phil Hogan: Senators can take it that it is okay.

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