David Cullinane (Sinn Fein)

To expand on the good point Senator Ó Clochartaigh made about who exactly is liable, the Minister stated it is the individual. As Senator Ó Clochartaigh stated, somebody could in good faith have paid a contractor to install a septic tank system, that system may be faulty, an inspection is carried out and then, at the end of the process, there could well be a prosecution. It goes back to the earlier point I made about the legal aspect of this. That individual, if he or she was prosecuted on foot of a company either putting in a faulty system or not installing the system properly, could challenge the Act then and also bring the contractor who installed the system to court. That is the problem.