Phil Hogan (Carlow-Kilkenny, Fine Gael)

As I stated previously, the fines are considerably lower than those already contained in the principal Act introduced by Fianna Fáil, namely, the Water Services Act 2007 but I already have dealt with this. Moreover, the Government has received the advice of the Attorney General to the effect that everything is in order with regard to access to property. The environment is also important under environmental law and the common good is often dictated by the level of the environment. As I noted, the court's ruling exempts County Cavan in the light of legislation, in the form of by-laws, being in situ. However, it did not comment on the implementation of the by-laws. Consequently, the absence of a register and of a proper risk assessment programme based on a full legal register leaves Cavan in a non-compliant position with the ruling. This is the reason County Cavan must be included. In the context of the interests of public health and the environment, it also comes under the legislation.

Senator O'Brien raised many issues. He may not be aware of this point but development levies are discounted by the local authority if connection to either drinking water supply or the public sewerage network is not possible. Rural people are looked after by having an exemption and a reduction.