Brian Ó Domhnaill (Fianna Fail)

I move amendment No. 5:

In page 4, line 37, after "systems')" to insert "apart from county Cavan".

I am suggesting an amendment to the proposed new section 70B(1), which provides that "each water services authority shall establish and maintain a register of domestic waste water treatment systems situated within its functional area". In general, we have no problem with that. If the register system is to operate effectively, a system of registration will be needed at local level. I will not go into the technical detail of the judgment of the European Court of Justice in the case of Commission of the European Communities v. Ireland, other than to say the court found that Ireland, with the exception of County Cavan, was not in compliance with the 1975 directive, as amended in 1991. The judgment set out the various sections with which Ireland was failing to comply, namely, sections 4 and 8.

The point we are trying to make is that the European Commission has recognised that Cavan County Council is complying with the directive as a result of a by-law it adopted in 2004. The by-law was based on the 1996 guidelines of the Environmental Protection Agency. Can the Minister clarify if the same guidelines will be adopted for this legislation? As a result of the action taken by Cavan County Council in 2004, some 25% of septic tanks in the county were found not to meet the standard. The average cost of upgrading the one in four tanks that did not meet the Cavan standards, which were based on the 1996 Environmental Protection Agency guidelines, was approximately €2,500. I guarantee the House that if we adopt the 2009-10 Environmental Protection Agency guidelines, significantly more than 25% of septic tanks will not meet the standard. My learned colleague from County Cavan, Senator Wilson, will be able to speak in much more detail about the approach that was adopted in his county and was later found to meet the standards used by the European Court of Justice in its judgment. Why should a county that meets the requirements of the judgment of the European Court of Justice, and faces no fines as a result, be covered under this legislation? Why should further financial burdens be placed on people who have upgraded their septic tanks since 2004?

It is relevant to mention that when the European Court of Justice ruled on the case that was taken by the European Commission against Ireland, it pointed out that the introduction of a registration system is required. That is what the Minister is trying to achieve in this section. It also pointed out that a desludging programme would be relevant under Article 12 of the European directive. Therefore, we are proposing that each septic tank should be eligible for free desludging each year, in line with Article 12 of the 1975 directive. Such a programme should be put in place before we proceed further, even if it would have cost implications. Some of our amendments were ruled out of order because of the cost implications associated with them. It would be better to try to correct deficiencies in septic tanks by putting in place a desludging programme. The Environmental Protection Agency recognises that septic tanks that are desludged on a periodic basis work more effectively. They operate more effectively if the sludge is taken from the top of the tank. Would that not be considered before legislation is passed to force people to bring tanks up to standard?

Perhaps the Minister can advise the House whether he is willing to accept this amendment. Can he clarify whether Cavan County Council is meeting the current standards as we speak? Will the standards the Minister is proposing to introduce by regulation under this legislation be the same as those being applied by Cavan County Council? Does the Minister intend to adopt the only other guidelines he can adopt, which are the 2009-10 Environmental Protection Agency guidelines? Will every one of the 475,000 septic tanks in this country be dealt with retrospectively under those guidelines? I am a little confused about whether this will be implemented retrospectively. This Bill suggests that it will. If that is the case, the implication is that every septic tank in the country will have to meet today's standards. If I am correct, the ruling of the European Court of Justice means that water courses from all septic tanks should be kept clean from today onwards. If that objective is to be achieved, then it would-----