Denis O'Donovan (Fianna Fail)

I will confine myself to the section. In fairness, the comparison with the 2007 Act is like comparing fish to meat. It is a totally different scenario. The story of the Act is nothing to do with septic tanks. It is nothing to do with this issue.

It is important to come back to the point I was making on which I have not got clarification. First, the Act should describe the owner. Is the owner a lessee, a temporary tenant, the registered owner, the occupant or, maybe in this case, NAMA, the bank or whoever?

The other point is that there is a perception being given by the Minister, not to mislead intentionally, that registration is compulsory but inspection may or may not fall over a period of time. A prudent purchaser of a house - I refer to what Senator Ó Domhnaill is trying to delete in the two amendments - or his agent or solicitor will want to know if the septic tank on the property he or she is buying complies with this new law. He or she will check with the local authority and verify that, for example, whether Senator Ó Domhnaill's house and septic tank is registered. In a case where it does not comply, the first thing that will have to be done is the local authority will initiate an inspection, either directly or indirectly. That is my concern. Whether we like it or not and while it is fine to say there is registration, there is a knock-on effect. That is why I say this about the registration and certificate of compliance which will be sought in the closing of any sale of any property. It will inevitably follow because property keeps changing hands, even if there might not be much movement at present, but the market will turn again. What I am concerned about in this regard is that the simple act of paying €15 for registration, in itself, comes close to compulsory inspection because I certainly would not close on a sale unless I had a compliance certificate from a competent engineer or architect verifying that an inspection, not merely registration, had taken place. That is my worry. It will cause delays and it will also initiate that process.

That is why this type of registration should attach to the property, not to the individual. It would be simple to incorporate this in the Act. Senator Ó Domhnaill wishes it to be deleted and I support that view. If the Minister is pursuing the other line, the registration, apart from the local authority, would probably have to go on the title of the property.