Denis O'Donovan (Fianna Fail)

It was important that the Cathaoirleach allowed Senator Wilson to correct the record appropriately. I am sure the Minister will acknowledge that.

I have a couple of questions for the Minister on amendments Nos. 22 and 23. Subparagraph (g) of the proposed new section states: "details of any prosecutions for an offence under this Part brought by the water services authority concerned". Senator Ó Domhnaill's amendment suggests that this be excluded. I am concerned that the register contains certain information that will be in the system for the longer term. I made this point last night. Does registration attach to one's property? If I sell my property in Sheep's Head or Bantry and move from west Cork to Mayo, will the registration continue to pertain to that property? My reason for making this point is that it would be unfair were this criminal record to attach to the person rather than the property. This is the reason it is so important that heed be taken of Senator Ó Domhnaill's amendment.

Moreover, section 4(9)(h), the deletion of which the Senator also seeks, provides for "such other information as may be determined by the Agency from time to time", the agency being the Environmental Protection Agency, EPA. As this country is burdened with regulations and so on, perhaps a more simple register should be kept. Obviously, when anyone sells a property from A to B to C, one must do one's searches. Any solicitor or person purchasing on behalf of a purchaser must insist on clear title because it clearly would be negligent of anyone to close a sale in the knowledge that a notice of inspection was pending or that a certificate of registration existed. While I do not expect the Minister to have the answer to hand, he might consider before Report Stage the implications of having a register that clearly would attach to the property. It could be something that the local authority, in the event of a serious breach, should register as a burden on the property in order that it is plain to be seen. At present, buying a house entails checking all these records, performing all these searches and so forth and this proposal constitutes an additional piece of work that is coming down the track. Once this legislation is passed, were I purchasing a 20 or 25 year old house anywhere in the country, I would first wish to ensure there had been no inspection. Obviously, a register will be kept because everyone will be obliged to register.

In supporting Senator Ó Domhnaill's call to have sections 4(9)(g) and 4(9)(h) deleted, I suggest the Minister might consider a more simplified form of registration that would attach to the property and not the individual. While I may be completely wrong in this regard, this should not warrant a criminal record. I consider this to be a minor offence unless there was a clear breach of the law. However, if one has had a septic tank for 40 years but finds out it is not working in 2011, 2012 or 2013, that should be a matter for a civil action rather than being a criminal offence. This is the reason the register should be much simpler than is being proposed. It should attach to the property and, if necessary, should be registered by the local authority. In my experience, the local authorities have the capacity to do this. I refer to what happens in my neck of the woods as soon as one applies for planning permission and tries to make the case that it pertains to a family need in which the person or couple have no other house. If the local authority has any suspicion that one may have had a property previously, its planning section conducts a search in the Land Registry to find out whether Denis O'Donovan or Diarmuid Wilson ever owned a property previously. In this instance, it should attach to the property and be registered as a burden. This is a serious issue and in three, five or ten years' time, it will become part of the transaction of conveyancing in the purchase and selling of a house. I merely ask that this should be simpliciter and be attached to the property, not to the individual.