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

Denis O'Donovan: As a prudent solicitor, I would not accept it.

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

Denis O'Donovan: It has happened.

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

Denis O'Donovan: The law is an ass.

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

Denis O'Donovan: It includes this legislation.

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

Denis O'Donovan: That is a known fact and it could apply to this legislation.

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

Denis O'Donovan: I have one concern and will make a brief comment. If an inspector calls to an elderly person in a remote area and demands to see a certificate of registration, but the person does not have it-----

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

Denis O'Donovan: I ask Senator Landy to follow my scenario. The inspector demands a certificate and if the person cannot find the certificate or has it somewhere else, on a technical point that inspector can haul the landowner, property owner or householder into court and state the date of the visit on which the owner did not provide the certificate demanded. This is a very draconian power for a technical...

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

Denis O'Donovan: That clarifies the matter. We are satisfied.

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

Denis O'Donovan: The Minister talks about common sense but once the inspector appears at the door, common sense will go out the window. However, sin scéal eile. I formally second the amendments tabled by my colleague, Senator Brian Ó Domhnaill. With regard to the Attorney General, doctors differ and patients die, and an Attorney General's advice is certainly not infallible. It is not long ago that a...

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

Denis O'Donovan: It was a very important issue.

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

Denis O'Donovan: The points being made were legal issues, but they were ignored. However, I will not go into that now.

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

Denis O'Donovan: They decided against the Minister because they listened to the former Attorneys General, not the Minister.

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

Denis O'Donovan: However, sin scéal eile. I will stick to the amendments. One of the amendments relates to section 70A which provides that a person who contravenes a regulation made under this section commits an offence. I might be wrong but I wish to make a general point on this. I have a grave difficulty with taking a leap of faith on regulations in this regard. It might be commonplace but it is bad...

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

Denis O'Donovan: The Minister, as a Kilkenny man, will know the old saying that one should never court a woman or buy a pig in the dark.

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

Denis O'Donovan: A pig or a woman looks good at night.

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

Denis O'Donovan: That has already been carried out by Senator Ó Domhnaill.

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

Denis O'Donovan: My question for the Minister is broader than this particular section. There was a period of public consultation prior to the legislation being introduced. Are the submissions available? I checked ten days ago and they were not on the website. I would like to see the submission made by An Taisce-----

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

Denis O'Donovan: Does the Minister see any need for a certificate of registration to be registered also on the title of the property? Anybody buying or selling property will ensure that the cost of desludging or fixing or replacing a septic tank will be an integral part of any searches to be done. Will it be registered as a lis pendens or a burden on the property? Should it be so registered? I am also...

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

Denis O'Donovan: What if registration is in place and it is confirmed that work needed to be carried out on a septic tank?

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

Denis O'Donovan: A prudent purchaser would be satisfied will that.

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