Pat Gallagher (Donegal South West, Fianna Fail)

While I am aware Senator Bannon tabled this amendment in good faith, it is necessary to flesh out the matter. There are a number of situations whereby an offence committed may not come to light for some time. An example is damage caused by a breach of a duty of care regarding a discharge or damage caused to a pipe during building works which may not become apparent until some time after the offence was committed.

In the circumstances, it is considered appropriate and necessary to provide for the maximum reasonable period of time during which proceedings may be commenced following the commitment of an offence. I believe that in this instance five years is a reasonable period. I refer to previous legislation in this regard such as the Environmental Protection Agency Act 1992 and the Waste Management Act 1996. The five year requirement, which is included in the examples given, is a standard provision in environmental legislation.

We are all aware, from practical experience, that damage caused may not come to light for a considerable time. In that regard, the wastage of water in Ireland immediately comes to mind. Local authorities in many parts of the country are unable to account for approximately 48% to 50% of water which leaves the source and never comes out at the other end of the pipe. They are providing billions of euro for new water schemes. It is important that we try to in some way reduce that loss in monetary terms because, more important, it would allow for developments which are unable to take place until such time as new schemes are up and running. That is why the Department provides so much to local authorities for water conservation purposes. Funding is now being made available to assist in reducing water wastage. Even a reduction of a couple of percentage points each year is extremely important.

It may take some time before the offence committed comes to light and in that regard the provision of five years is reasonable. Some would say the time limit should be longer but we must realistic. Such offences should come to light within a five year period. This provision mirrors that contained in the Environmental Protection Agency Act 1992 and the Waste Management Act 1996. While I am extremely anxious to accommodate Senator Bannon, I must take the practical view on this matter.