Seanad debates

Wednesday, 16 November 2011

Water Services (Amendment) Bill 2011: Second Stage

 

1:00 pm

Photo of Denis LandyDenis Landy (Labour)

I welcome the Minister. As he noted, this is an extremely important issue and legislation. I will start where Senator White left off on local authorities. Their compliance with legislation leaves much to be desired. Across the country authorities are in breach of regulations. This issue has been left to one side, yet we are going down the route of pursuing this requirement. People may argue about and dislike it, but the Minister has correctly indicated that this issue costs us much money on a daily basis. Some mechanism must be put in place to ensure compliance by local authorities.

For a number of years I served on the Committee of the Regions and one of the items I was progressing before being elevated to this position was the availability of money for the provision of reed bed water treatment systems for local authorities. I ask the Minister to pursue this issue through the European Union, as the funding is available. It offers a solution to the problem at low cost to the Exchequer. Some of the actions of local authorities are despicable. I make this point before getting into the nuts and bolts of the issue.

The Minister has mentioned the register which is being compiled. I do not have the appropriate statistics, but a large number of houses were built before the introduction of the 1963 planning regulations. There are literally no records of infrastructure for the disposing of waste. How will the register catch such properties? Senators Ó Domhnaill and Keane have mentioned the standards which will be applied. I live in rural Ireland, where I built a house 12 years ago. The standards required of the septic tank I put in place are totally different from the standards applied today. Will cognisance be taken of the difference?

The issue can be distilled into two elements: the requirement on us as a member state to be compliant, with which nobody can argue, and the methodology to be use in being compliant. I do not have a major difficulty with the legislation which I welcome, but I have a number of queries. People will be required to spend money if the standard that prevailed in the past is to be raised. Will the Minister elaborate on the standards that will apply to new houses and those which applied to older properties?

Section 70B relates to database compilation and indicates registration by a householder. Will householders be required to register, or will they be caught by the Department in setting up a register? The legislation is not clear on this point.

Section 70E states the EPA will appoint staff, but will they come from the EPA or local authorities? Section 70H refers to an advisory notice on required improvements. Will the Minister provide for clarity on a timeframe? For example, if an inspector finds a pipe broken and that the effluent on a property is not being diverted to the percolation area, that would require the undertaking of minor repair work. If the system is clogged up and a new percolation system must be put in place, a different timeframe will be necessary. We need clarity on this point. Will the timeframe be job-specific, or will there be a general timeframe?

The initial roll-out of the programme from compilation of register will take approximately 12 months, according to what I have read. Following this is a scenario in which an individual could be told to carry out repair works. There would then be a rush to meet the timeframe for compliance, leading to problems in getting the required specialist contractors to do the work. Will the Minister take account of the fact that there are not enough contractors available to do what will, in effect, be work in a goldmine? Everybody will want to do work based on inspections. When people come to look for contractors, they will find they are scarce.

I commend the Minister for the work done so far, but we must tweak certain elements. This is necessary legislation and the Minister has acted on the issue. There have been objections from the other side of the House, but I have not heard any proposal so far, other than a reference to what happens in Northern Ireland, which is a minor example. The reference to Scotland was replied to by Senator Cáit Keane. We must do it properly. We must see how we can help people who will be hit financially for the work being carried out. One should not engage in scaremongering. People should be allowed enough time and space to find money to do the work that is needed. I urge the Minister to respond to that point as well when he replies.

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