Seanad debates

Thursday, 24 November 2011

Water Services (Amendment) Bill 2011: Committee Stage (Resumed)

 

11:00 am

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail)

It is important before legislation would come in that these matters would be teased out in the Oireachtas. What are the legal ramifications and the cost ramifications, first, to the Department, and by extension to the taxpayer, if there was a case brought against it because the legislation was brought in, and second, to the individuals concerned? With some of these individuals, for example, the 166 commonage owners, the likelihood is that permission was not even given for the septic tank to be built where it is built. Planning permission was given, the local authority oversaw the process and gave its permission knowing where the septic tank was constructed. Who is liable here? Is it the local authority, the Department, the commonage owner or the owner of the property? The owner of the property is not defined in the legislation.

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