Seanad debates

Wednesday, 1 February 2012

Water Services (Amendment) Bill 2011 [Seanad Bill amended by the Dáil]: Report and Final Stages

 

11:00 am

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)

Tá céad failte roimh an Aire leis an gceist tábhachtach seo a phlé. Mar atá a fhios aige, tá an cheist seo ag tarraingt cainte ar fud na tíre, go háirid na ciontaithe a bhéadh ag baint leis an mBille.

As the Minister is well aware, this issue has been the subject of a heated debate across the country. People are concerned about this Bill and are keeping a close eye on every change being made to it. I seek clarification in respect of the amendment proposed by the Government regarding the details of any prosecutions for an offence under this part brought by the water services authority concerned. Sinn Féin's stance on this is that prosecutions should not apply under this Bill. Does the amendment proposed mean that prosecutions will be brought against people who do not comply with the Act? If so, does it mean that such prosecutions will not be taken by the water services authority, or will they simply not be noted on the register? Is that what this amendment is about? If it is that they are not to be noted on the register, that is one issue, but if the water services authority concerned will not be taking any prosecutions or they will be taken by another party, the Minister might clarify that. There is a great degree of unease about potential sanctions under this Bill. People in rural Ireland are up in arms over the potential costs this Bill will impose on them.

Another major issue is that a person will have the right under the Bill to refuse an inspector admission on to his her land, but if the person does that, a prosecution could be brought against the person for that refusal. I am sure the Minister is well aware of all these fears. It does not appear that those issues have been addressed in any of the other amendments. The Minister might clarify what exactly is meant by this proposed amendment. Is what is proposed a deletion from the register or is it that the water services authority concerned will not be the body that will bring prosecutions, in which case it is not necessary for it to have that noted on the register?

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