Brian Ó Domhnaill (Fianna Fail)

I move amendment No. 22:

In page 6, to delete lines 28 to 31.

The amendments relate to sections 70B(9)(g) and (h). We wish to delete those two paragraphs because, for example, 70B(9)(g) provides details of any prosecutions for an offence under this Part brought by the water services authority concerned. No offences should be introduced for septic tanks. We appreciate that pollution is an issue across the country, as was acknowledged last night. We respect the fact that it needs to be targeted, in particular fly-tipping and such practices that are dealt with under the 2007 Act. It is going down the wrong road to criminalise people for septic tank infringements. A person with a septic tank could be prosecuted for reasons given by an inspector. People can also be prosecuted under the Act for failing to register a septic tank.

The Minister may outline details of any prosecutions. I assume that relates to the prosecutions referred to in the Bill and that there are no other hidden prosecutions that could emerge in future under regulation. Will the Minister confirm that there is no intention to introduce further prosecutions by way of regulation as an addition to the Act? The prosecutions that are set out under the legislation would affect owners of private dwelling houses who have domestic septic tank treatment systems. They will, in effect, be prosecuted for the non-compliances which are listed in the Bill.

Will the Minister clarify the position on individuals found to be in breach of the Bill which the Government is attempting to introduce? If the local authority or the agency were to take a prosecution against that person to court would the local authority or the agency compel the applicant to carry out the work in the event the applicant is not in a position financially to carry out the work? Will the Minister clarify whether, under this legislation, the local authority or the agency would go onto the person's property with excavation machinery, carry out the work concerned and then seek reimbursement for the cost of that work from the individual concerned? I want clarification from the Minister as to whether that is the case under this legislation because it is important there would be absolute clarity in that regard.

There are hidden elements of the Bill in certain sections. Under section 4(9)(h) refers to "such other information as may be determined by the Agency from time to time". What is that other information? We do not agree with those words in any event but what does "such other information as may be determined by the agency from time to time mean?