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)

This relates to offences and penalties. The line we propose to delete is in section 70L(2), "A person who contravenes a regulation made under this section commits an offence." What are the regulations? We do not know what they are so what offence could someone commit as a result? We are giving sweeping powers here. A regulation which has not been made could constitute an offence. We are throwing something into the open, saying we might create a law and people will make an offence as a result. It is wholly unacceptable to bring in an offence with a Bill while the regulation surrounding the offence has not been made available to us. Does the Minister expect us to support it?

Amendment No. 75 deals with the line the provision under section 70M, at page 18 of the Bill, which states: "A person guilty of an offence under sections 70B(12), 70C(2), 70E(10), 70G(5), 70H(18), or 70L(2) is liable, on summary conviction, to a class A fine." Senator Wilson outlined very clearly the position in County Cavan. It may be easy to criticise what is being done there but it has taken a considerable lead in the matter. There should have been a grant scheme available in Cavan but the county council did not have the support.

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