I welcome the Minister, Deputy Hogan, to the House.
Water Services (Amendment) Bill 2011: Second Stage
Question proposed: "That the Bill be now read a Second Time."
I am pleased to bring the Water Services (Amendment) Bill 2011 before the Seanad today.
It is important to explain the background and the rationale for this Bill.
On a point of order, is there a copy of the Minister's speech?
It is to be circulated.
We will circulate it. I ask the Minister to proceed.
There are two main reasons for the introduction of this legislation, the first of which relates to non-compliance with EU legislation.
On 29 October 2009, the European Court of Justice ruled against Ireland on the treatment of waste waters from septic tanks and other on-site waste water treatment systems. The court found that by failing to adopt the necessary legislation to comply with Articles 4 and 8 of the Waste Directive on domestic waste waters disposed of in the countryside through septic tanks and other individual waste water treatment systems, Ireland had failed to fulfil its obligations under that directive.
The European Court of Justice has found that Irish legislation does not adequately provide for domestic waste water from septic tanks to be recovered or disposed of without endangering human health and without using processes which could harm the environment and that Irish legislation also fails to provide for the prohibition of the uncontrolled disposal of such waste waters which is a requirement of the waste directive.
The court also found that Irish legislation does not adequately provide that the holder of such waste water either has it handled by a public or private waste collector or recovers or disposes of it himself or herself in accordance with the provisions of the directive.
The second reason is a more fundamental reason and is one with which no right-thinking person could disagree. The key objective of the new legislation is to enhance and protect public health and the environment which will, in turn, benefit rural dwellers in terms of a better quality of life and better quality water.
In its water quality 2007-2009 report, the EPA noted the presence of microbial contamination arising from the entry of faecal matter to Ireland's waters and stated that one of the main sources of microbial pathogens was on-site waste water treatment systems, including septic tanks. The EPA's report states that the high proportion of monitoring points with faecal coliform detections not only reflects the impact of human activities but also the vulnerable nature of groundwater in some parts of the country.
Groundwater is a source of drinking water for many. Approximately 26% of the public and private drinking water supply is provided from groundwater sources and the EPA has identified effluent from on-site waste water treatment systems as one of the main sources of contamination of groundwater in Ireland. Census 2006 reported more than 450,000 households were served by septic tanks and other forms of on-site wastewater treatment systems.
Aside from the obvious need to protect human health and the environment, there is another reason it is critical that we have this legislation enacted as soon as possible. In July 2011 the European Commission applied to the European court to have fines imposed on Ireland for failing to comply with the original ECJ ruling in this case. If we do not comply with the ECJ ruling, Ireland will be the subject of significant fines by the court. The level of the fines could be a lump-sum penalty of €2.7 million and daily fines for continued non-compliance of more than €26,000 per day which is equivalent to more than €9.5 million per annum. The Government has not delayed or prevaricated in addressing this matter. We have acted promptly in bringing the Bill forward and we are determined to have it enacted as soon as possible and to meet the requirements of the European Court of Justice ruling.
The Bill has been drafted to minimise the impact on householders. Responsibility for the prevention of pollution from septic tanks and other on-site waste water treatment systems already rests with the owners of premises served by such systems. Section 70 of the Water Services Act 2007 places a duty of care on owners to ensure their treatment systems do not cause a risk to human health or the environment or a nuisance through odours. Section 4 of the Bill provides for the amendment of section 70 of the 2007 Act by the inclusion of a new Part 4A, containing 11 sections, after Part 4 of the 2007 Act.
The new Part 4A will build on the existing legal obligations in the Water Services Act and ensure Irish legislation on the treatment of waste water from septic tanks and other on-site waste water treatment systems fully complies with the waste directive. Part 4A will introduce a register of all such treatment systems. It will establish an inspection system for treatment systems and provide for the necessary protection of human health and the environment.
I will now outline the purpose and operation of the new sections being inserted into the Act by Part 4A. Section 70A provides for definition of the terms used in the new Part 4A. Section 70B provides that each water services authority will be responsible for maintaining a register of treatment systems. It is intended that this will comprise a single national register with individual parts for each local authority. Work is under way to develop the database which will support the register. Section 70B also establishes a requirement for householders to have details of their systems entered on the register.
In accordance with the section, I will make regulations prescribing the date for householders to have their systems registered and I have in mind a timeframe of 12 months from the date of enactment of the legislation for this requirement. A facility to allow online registration is being developed and it is also intended to put in place a written registration facility via the local authorities. Details of when the registration facilities are available will be announced in the national and local media.
Section 70B also provides that householders will be required to pay a modest registration fee which will not exceed €50. The exact fee will be prescribed in regulations. The revenue generated will be used to fund the delivery of a national inspection plan which will be developed by the EPA in consultation with local authorities. Roll-out of the national inspection plan will be managed by local authorities. Householders will not be charged for inspections. Following the initial registration, householders will not be required to re-register their systems for five years and there will be no charge for re-registration.
Section 70C sets out the duties of owners of premises connected to domestic wastewater treatment systems and places the responsibility on the owner of a system to ensure it is maintained and operated in a manner that does not cause a risk to human health or the environment. Section 70D provides that after the date for registration, to be prescribed under section 70B, when a house served by a domestic wastewater treatment system is sold, the vendor must provide evidence to the purchaser that the system is registered. The purchaser is required to notify the relevant local authority of the change of ownership.
Section 70E deals with the appointment of inspectors. The EPA will be responsible for the appointment of persons to act as inspectors of treatment systems. The section includes a provision for the making of regulations concerning the appointment of inspectors, criteria to be met by those seeking appointment, the circumstances leading to the revocation of an appointment and procedural matters in relation to appeals.
Section 70F contains provisions concerning the EPA's responsibility to establish and maintain a register of persons appointed as inspectors for the purposes of Part 4A. Section 70G sets out the powers granted to inspectors appointed under section 70E. These powers include the examination of a treatment system, taking samples, taking photographs of any element of the treatment system, examination of the subsoil, and obtaining information and inspecting records pertaining to the maintenance, servicing or operation of the treatment system. This section also provides that an inspector cannot enter a private dwelling without the permission of the occupier.
Once notification of an inspection has been provided by a water services authority, it will be an offence for a person to prevent an inspector from entering a premises, to obstruct or impede an inspector when carrying out their duties, or to provide false or misleading information regarding a treatment system to an inspector, the EPA or a water services authority. The EPA or a water services authority will have the power to have authorised and appropriate persons accompany inspectors in the course of their duties.
Section 70H provides that inspectors will carry out inspections of treatment systems as requested by the EPA or by a water services authority. Inspections will be based on the national inspection plan, which is provided for under section 70K. Under section 70H, inspectors are required to inform the owner of a treatment system and the relevant water services authority of the results of the inspection.
Where a water services authority receives notification that a treatment system is causing or is likely to cause a risk to human health or the environment, the water services authority must issue an advisory notice to the owner within 21 days. An advisory notice will state that the water services authority considers that the particular treatment system is, or has potential to be, for stated reasons, a threat to human health or the environment. The notice will direct the owner to take the necessary remediation measures and will specify a timeframe for completion of these measures. Failure to comply with the provisions of an advisory notice within the specified timeframe will be an offence.
This section also provides for an appeals mechanism for persons who do not agree with the provisions of an advisory notice. On payment of a fee to be prescribed, an appeal of an advisory notice can be requested. There is a legal requirement to set a maximum limit on fees in primary legislation. However, I will be providing in regulations for the appeal fee to be set at a substantially lower level than the ceiling provided for in the Bill. I intend keeping the appeals fee level under review having regard to experience in the operation of the system. The section provides that where an advisory notice is cancelled following an appeal, the fee for the appeal will be refunded.
On receipt of an application under this section, the water services authority will arrange for the re-inspection to be carried out by an authorised person appointed by the water services authority. The re-inspection process will confirm the provisions of the advisory notice, revise these provisions or set aside the advisory notice. If necessary, a revised advisory notice will be issued.
Section 70H also provides for an appeal to the District Court in certain limited circumstances by a person aggrieved by an advisory notice issued after a reinspection has been carried out. The section also sets out actions to be taken by a person on whom the advisory notice has been served and by the water services authority once remediation works are carried out.
Section 70I provides for the EPA's supervision of water services authority functions for the purposes of this Part. The EPA may issue directions to the water services authorities to ensure they are carrying out in an effective manner the functions assigned to them under the Bill. The section also provides that the EPA may direct the water services authorities to maintain records regarding registrations, inspections carried out, advisory notices issued and prosecutions initiated, and to submit these records to the EPA. The EPA is required to keep records regarding its supervisory role and of directions issued to water services authorities. Water services authorities must comply with directions issued under this section and failure to do so will be an offence.
Section 70J provides for the issue of directions by the EPA to inspectors and provides that inspectors must comply with these directions. Section 70K deals with the preparation by the EPA of a national inspection plan regarding the inspection of domestic waste water treatment systems. It sets out the issues to be considered by the EPA when drawing up the plan. The section also provides for the revision of the plan. Water services authorities will be required to give effect to the plan and failure to do so will be an offence.
The section outlines the criteria the EPA should take into account when preparing the inspection plan and in particular risk or potential risk to human health or the environment. The risk-based approach to inspections and monitoring is consistent with the EPA's overall policy and approach to environmental enforcement and is consistent with international best practice. The first inspection plan will be developed by the EPA in 2012 and inspections of systems will commence in 2013.
Section 70L provides for the making of regulations for the purposes of Part 4A and sets out some of the issues which may be dealt with in these regulations including, inter alia, the performance standards for treatment systems and the standards and procedures to apply where domestic waste water treatment systems are being emptied and the contents are being disposed of. Section 70M provides for the penalties for offences under the various sections of the Bill.
As I stated, the Bill is necessary to ensure Ireland complies with a ruling of the European Court of Justice and the timing is critical as we face the imposition of fines and penalties for non-compliance. The Bill is equally important as it will establish additional protections for public health and for the environment. There has been much speculation, hyperbole and deliberate confusion about the Bill and what it will mean for householders in rural Ireland. People living in the countryside need have nothing to fear from this legislation. On the contrary, the legislation will benefit rural dwellers. It will improve water quality and serve to improve the quality of the countryside and the quality of life in the countryside.
If Senators highlight in the course of this debate details of any breaches of existing water regulations, I will be glad to have them inspected and investigated immediately because all of us, whether living in rural or urban areas, want to ensure we have safe ground water and water quality. Local authorities are doing some of this work under existing legal requirements. The Bill deliberately sets out a risk-based assessment and approach that will do no more or less than to ensure we have good quality ground water. I commend the Bill to the House.
I am glad to see the Minister attending the House for this legislation. I fully appreciate where the Bill is coming from. On this side of the House, we all appreciate the need to protect our water sources, including springs and wells. We agree with the Minister in that respect but I disagree with him on other matters. In the last paragraph of his speech, the Minister stated that people living in the countryside need have nothing to fear from this legislation. I am not sure what planet that statement is coming from. The reality is that people living in the countryside have everything to fear from the manner in which this legislation is being brought forward. I will go through the points in detail in a few moments.
As drafted, the legislation ultimately criminalises people with septic tanks. There are 475,000 people living in rural areas with septic tanks. On the basis of about four people living in each house, that equates to between 1.5 million and 2 million people. It goes beyond that because urban dwellers — be they in Kilkenny, Cork, Waterford, Dublin or Galway — who may have holiday homes in the country will also be affected by this measure. By extension, one could argue that the vast majority of people living in the State will be affected by this legislation.
The Bill will have drastic consequences and I will get to the nuts and bolts of it in a moment. I appreciate that the legislation has arisen as a result of the European Court of Justice ruling following complaints that were made by various do-gooder organisations in this State that appealed to the European Commission. It its ruling, however, the European Court of Justice did not specify the manner in which Ireland had to comply or impose sanctions on people with septic tanks. The court did not go into any detail on that regard in its ruling. It spoke about fines but it is worth pointing out that the European Court of Justice has never imposed a fine on this State. In fact, it has only ever imposed nine fines on member states. Four such fines were imposed on Greece, as well as France and Portugal. Some people may say, "We're going to be fined by Europe and the big fines are going to come", but I think it is time we told Europe where to get off on issues such as this.
Irresponsibility.
We should put our own house in order without penalising people who are living in rural Ireland.
What planet is Senator Ó Domhnaill on?
They simply cannot afford to pay any more.
Continue to break the law, is that it?
The Bill will impose a €50 registration charge on householders. The Bill is being sold by saying, "What's €50? The registration charge is only €50. No one has anything to worry about." That is what has been coming from the Government and the Department of the Environment, Community and Local Government. That is the least draconian measure in the Bill.
The first inspection is free so the inspector will visit a site to assess whether or not a septic tank meets the required standard. I understand the standard will be based on the 2009-2010 EPA guidelines. Essentially that means, for example, that for everyone living in a house one needs an 18-metre percolation pipe running from the septic tank. In other words, if one has a four-bedroom house, and the EPA guidelines state there are eight people living there, one will need 144 m of pipe running from the septic tank to create the appropriate required percolation area. Those pipes will have to be 2 m apart and come in six-foot lengths. They must also be 10 m away from any county road and 20 m from the house. Any quarter or half-acre site with a four-bedroom house will not be able to meet those criteria. One may argue that one can put in a treatment plant but it also requires a percolation area. How will householders on a small site be expected to meet the criteria? In addition, if the site's soil quality is poor it can pose a problem. In my own constituency there are many sites where the soil, according to industrial experts, would not meet the required standards. Such people will then be forced to extract the soil from the site and replace it with more suitable soil that can create a better percolation area. What will that cost?
The financial breakdown of the Bill being cost neutral is unclear. If it is cost neutral then who will pay for the first inspection charge? The householder will pay €200 for the second inspection charge, while subsequent inspection charges will be free. If the Bill is cost neutral, however, who will pay for the inspection charges other than the second one? Perhaps the Minister can outline how the Bill is perceived to be cost neutral in that regard.
Opposition Senators, and Deputy Ó Cuív, our deputy party leader, were accused of scare-mongerging about the costs associated with sites. That is quite unbelievable because the RIAI report, attached with the legislation, which comes from the Oireachtas Library, clearly states that the costs associated with upgrading a septic tank could be in the region of €17,000. We were talking about €12,000 but the RIAI is talking about €17,000.
The Senator should send me the details.
For example, if a septic tank does not meet the criteria in a wetlands area, an SPA or adjacent to an SAC area, the first thing one requires is planning permission for a new septic tank or any changes thereto. One may also need an environmental impact assessment, although not necessarily, and an ecology report. According to every architect I have spoken to, including the RIAI, that element will cost €4,000.
Are they the same people who signed off on Priory Hall?
According to the RIAI report, which accompanies the documentation circulated by the Oireachtas Library, the upgrade costs would be at least €6,000. That is a minimum of €10,000.
Priory Hall.
Senator Ó Domhnaill to continue, without interruption.
The Minister says that people living in the countryside have nothing to fear, but this is a blatant attack on them. The Minister can dress it up whatever way he wants but he is going to crucify people living in rural areas. He will put them in jail because they cannot afford to pay. People could not even afford to pay the registration charge because they are mortgaged up to their necks. The Government promised a lot on mortgages before the election but delivered very little afterwards.
The budget did not happen yet.
The Minister is attempting to criminalise people with septic tanks, which is outrageous.
Tá an t-am istigh anois, a Sheanadóir.
The Minister should look at the model that is being implemented North of the Border where the Government gives one free desludging per tank, per annum. Why can we not examine that model or the one in Scotland? Why must we always pass the cost on to consumers? Why must we consider this as a stealth tax, a way of taking money into the economy? Our people are more important than that, particularly those living in rural areas.
The Senator's time is up.
We are spending €400 million a year to upgrade urban sewerage systems. If the Minister is going ahead with this Bill, where is the financial incentive for people to upgrade their septic tanks? A grant of at least 85% should be given to anyone facing such costs, but that is not provided for in the legislation. The Bill is flawed and we will fight it at every turn on this side of the House. It is a tax too far on rural Ireland and the public will not stand for it. People in my constituency and others feel this is a blatant attack by a new Government on those with septic tanks.
The Senator's time is up.
People living in the country have to go to the toilet as well. The Minister should not forget that.
The Senator should go now.
I welcome the Minister to the House. I also welcome the stand he has taken on introducing this legislation which is proactive in preventing environmental pollution. I do not know what planet Senator Ó Domhnaill is living on because he has basically stuck his head in the sand and buried it deep so that nobody can see. The Senator is willing to allow pollution of the environment, of underground water and for the EU directive——
There are alternative solutions.
Senator Keane to continue, without interruption, please.
The Senator believes that you close your eyes and it will go away. That is what has been done and the clock is ticking. This Bill will amend the Water Services Act 2007. It proposed the establishment and implementation of a registration and inspection process. We had to be brought by the European Court of Justice and regulations and directives to do this. As the Minister said and it is worth restating, if we do not comply with the European Court of Justice ruling, Ireland will be subject to significant fines by the court. A lump sum penalty of €2.7 million and continuing daily fines of €26,000 per day, which is the equivalent of €9.5 million per annum. What Senator Brian Ó Domhnaill is recommending is that we pay a fine of €9.5 million rather than implement good regulations. We must implement the regulations but Senator Ó Domhnaill wants to send this money down the Swanee.
It is €17,000 per household, which people cannot afford.
This is what has Ireland where it is. Regulations are made to be implemented. There is no point in saying that the regulations are there but we will not take a blind bit of heed of them. That is no way to run a county. People are where they are because they have closed their eyes and think it will go away.
There are heads in the sand, but not mine.
The legislation will provide for a proportionate and risk-based approach to inspections. On reading the documentation I know that in the first instance inspections will be concentrated on sensitive areas with high risk to the environment and public health. I understand the factors to be considered in assessing the risks posed by septic tanks include the density of the waste water treatment system in any one area, the soil type, as the Senator alluded to, the presence or absence of underlying aquifers and the thickness of the sub-soils. If there is rock near the surface, there is a greater risk of pollution, as we all know. While many people may not have detailed analysis of their soil type, this gives people a basic guide to implementation process.
The Environmental Protection Agency, EPA, is developing a GPS mapping system to identify areas at high and low risk of pollution. This risk-based mapping system will provide inspection services with a sound scientific background when determining which systems to prioritise for inspection. As we all know, people want fairness, transparency, and consistency throughout the country in any system that is implemented. We are all too aware of one county doing this and another county doing something else. Transparency and fairness of implementation throughout the country is not always evident. There are an estimated 441,000 septic tanks and other domestic waste water facilities in the country, a significant number.
As the Minister has outlined the principal themes in the Bill, I will not address them in detail. I will give the reasons it is necessary to implement the regulations. I compliment Cavan County Council, as it is the only county in Ireland that has implemented the regulations. I know some fine councillors on Cavan County Council and I say well done to them. The rest of the country will be following suit.
Approximately 20% of drinking water supplies originate from ground water, and leakage from septic tanks is a major cause of ground water pollution. I did not hear recommendations coming from the Fianna Fáil Party about what it proposes to do about ground water pollution in rural areas. Poison the people; have them all in hospital.
If the Deputy stays around for a while, we will tell her exactly what we propose.
Put more cost on the system. That is what the Fianna Fáil Party is proposing. Inefficient septic tanks pollute surrounding soil and may release climate change gases such as methane into the atmosphere. The reduction of these gases is necessary. Waste water discharge feeding into surface waters can pollute drinking water sources. Nobody mentioned the drinking water for livestock. The animals do not know from looking at the water what is good and what is bad. This Bill will provide good drinking water not alone for humans but for livestock as well. We all realise there is a need for the legislation and it is important that we avoid the imposition of penalties and fines where possible.
To illustrate further the need for legislation, the HSE recently produced a report on the quality of drinking water from private wells — let me stress these are private wells, because I do not want to be a scaremonger — which revealed a staggering 76% non-compliance with standards required under the European Communities (Drinking Water) (No. 2) Regulations 2007.
Scotland was mentioned. They are ahead of the posse and did not have to be dragged kicking and screaming.
The cost is being passed on to the ordinary people.
The cost of registering a septic tank in Scotland is £104 by post, or £77 for online registration.
That is all they pay.
The Senator said they pay nothing.
No, I did not.
The Minister may consider a reduction for online registration to make it more efficient.
They do not pay €17,000 for an upgrade charge.
The Senator is eating into my time.
Senator Keane to continue, without interruption.
The appeals process is mentioned in the Bill in section 70H(7)(b). A €200 fee is payable by a household when appealing an advisory notice. I know the Minister mentioned in his speech that it would be under that amount, but I suggest that he take a zero off the €200 and apply a fee of €20 to this section. I ask the Minister to make a statement on this. A fee of €200 is way off the mark. We know we have a significant problem, but we know also that a great many septic tanks will have to be repaired. There are people who may not be able to afford anything, and in the interest of saving the environment versus penalising a person who cannot afford to pay, I ask the Minister to look at a system of grant aid in cases of hardship or other such cases where one house is causing pollution in a ground water system. When one considers that urban dwellers have a subsidy for the sewerage system, in the interests of equality would the Minister reconsider a system for those in the country? There is a system for new houses, but that is not the system that will be implemented for existing septic tanks. I ask the Minister to reconsider and see if he can do anything for those with existing septic tanks.
I highlight the importance of the regulation. We all agree that the risk factors posed to the health of humans and animals is not one we can afford to take. We could do a great deal with the €9 million per annum to upgrade our systems throughout the country rather than pay that money in fines, as is being proposed by the Senator.
We have to look at the current banking crisis to see where regulation went down the Swanee.
I am not proposing anything in respect of paying the fines.
That is the Senator's problem.
The proposal coming from the Government will lead to mental health problems in the country because people will be so worried and stressed about this issue. Senator Keane should not misinterpret what I said.
Senator Keane's time is up.
As I said, and the Senator has admitted it, he is not proposing anything. He is prepared to keep his head in the sand and pay €9 million in fines. We are not prepared to do that.
I welcome the Bill and thank the Minister for bringing it forward.
I welcome the Minister. When the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, announced in September that he would introduce a pre-registration fee, I got calls from county councillors who were terrified. The Minister used the word "hyperbole" but I do not agree, as these councillors want to get re-elected in the elections of 2014. In my experience county councillors are the people who keep rural communities together. Where would we be if people in rural communities were not committed to giving public service, which is what a county councillor does. They are in fear and dread that their constituents will not be able to pay the fees that will arise from this legislation. It is fine for the Minister to say that most of the septic tanks will be up to standard. That is not correct. The real problem is that so many of the existing septic tanks will not be up to standard.
Senator White is admitting we have a problem.
We all agree the authorities in Cavan are exemplary in their delivery of this perfect scheme, but since 2004 there has been a 25% septic tank failure rate in the county. Given that septic tank standards have increased significantly since 2004 under the 2000 EPA code of practice, such a failure rate will surely increase.
The scale of inspections will also be broadened under this legislation to encompass the impact on the countryside. There is a real issue in this respect in terms of the number of septic tanks that will not be up to scratch. That is a fear in county councils. Where will people get the money to pay for the upgrading of septic tanks? There is an unemployment rate of 14.4%, as well as massive emigration. Every person in the country is being frugal and parsimonious as people are terrified about not having money to spend. The retail sector is flat and people are scared to think about how they will pay bills in the coming years.
Fianna Fáil totally opposes the Bill and will fight it tooth and nail to the bitter end. I know the Minister is a warrior.
I am not a hypocrite.
The Minister will meet 14 warriors from Fianna Fáil in the Seanad and I am sure I can speak for Sinn Féin Members also. I know from my previous career in the building industry that the main polluters are local authorities, which is unforgivable, rather than rural dwellers. It disturbs me that local authorities and the bureaucrats which run county councils have allowed this to happen during the years. There are a number of rivers and coastal waterways which have been polluted because the relevant local authority has not done its business, as the Minister knows. That should be a key driver to get the Department to put the screws on county councils which should not be allowed to continue polluting rivers and lakes with sewage.
There is a fear among older people in rural communities who have septic tanks. From where will they get the money to bring their septic tanks up to standard? That is all we want to know. We would be delighted if the Minister provided the money for them, as we all want to maintain Ireland's reputation as a green food island. As my colleague, the chieftain from Donegal, Senator Ó Domhnaill, has mentioned, this legislation may not be constitutional as urban dwellers have their system paid for by the Exchequer. Rural dwellers are being penalised. We are looking forward to a big battle with the Minister on the issue.
I welcome the Minister. As he noted, this is an extremely important issue and legislation. I will start where Senator White left off on local authorities. Their compliance with legislation leaves much to be desired. Across the country authorities are in breach of regulations. This issue has been left to one side, yet we are going down the route of pursuing this requirement. People may argue about and dislike it, but the Minister has correctly indicated that this issue costs us much money on a daily basis. Some mechanism must be put in place to ensure compliance by local authorities.
For a number of years I served on the Committee of the Regions and one of the items I was progressing before being elevated to this position was the availability of money for the provision of reed bed water treatment systems for local authorities. I ask the Minister to pursue this issue through the European Union, as the funding is available. It offers a solution to the problem at low cost to the Exchequer. Some of the actions of local authorities are despicable. I make this point before getting into the nuts and bolts of the issue.
The Minister has mentioned the register which is being compiled. I do not have the appropriate statistics, but a large number of houses were built before the introduction of the 1963 planning regulations. There are literally no records of infrastructure for the disposing of waste. How will the register catch such properties? Senators Ó Domhnaill and Keane have mentioned the standards which will be applied. I live in rural Ireland, where I built a house 12 years ago. The standards required of the septic tank I put in place are totally different from the standards applied today. Will cognisance be taken of the difference?
The issue can be distilled into two elements: the requirement on us as a member state to be compliant, with which nobody can argue, and the methodology to be use in being compliant. I do not have a major difficulty with the legislation which I welcome, but I have a number of queries. People will be required to spend money if the standard that prevailed in the past is to be raised. Will the Minister elaborate on the standards that will apply to new houses and those which applied to older properties?
Section 70B relates to database compilation and indicates registration by a householder. Will householders be required to register, or will they be caught by the Department in setting up a register? The legislation is not clear on this point.
Section 70E states the EPA will appoint staff, but will they come from the EPA or local authorities? Section 70H refers to an advisory notice on required improvements. Will the Minister provide for clarity on a timeframe? For example, if an inspector finds a pipe broken and that the effluent on a property is not being diverted to the percolation area, that would require the undertaking of minor repair work. If the system is clogged up and a new percolation system must be put in place, a different timeframe will be necessary. We need clarity on this point. Will the timeframe be job-specific, or will there be a general timeframe?
The initial roll-out of the programme from compilation of register will take approximately 12 months, according to what I have read. Following this is a scenario in which an individual could be told to carry out repair works. There would then be a rush to meet the timeframe for compliance, leading to problems in getting the required specialist contractors to do the work. Will the Minister take account of the fact that there are not enough contractors available to do what will, in effect, be work in a goldmine? Everybody will want to do work based on inspections. When people come to look for contractors, they will find they are scarce.
I commend the Minister for the work done so far, but we must tweak certain elements. This is necessary legislation and the Minister has acted on the issue. There have been objections from the other side of the House, but I have not heard any proposal so far, other than a reference to what happens in Northern Ireland, which is a minor example. The reference to Scotland was replied to by Senator Cáit Keane. We must do it properly. We must see how we can help people who will be hit financially for the work being carried out. One should not engage in scaremongering. People should be allowed enough time and space to find money to do the work that is needed. I urge the Minister to respond to that point as well when he replies.
The Minister will see a number of the Fianna Fáil proposals by way of amendment on Committee Stage, when we intend to discuss them. I hope he will consider each amendment on its merits.
This is not just a rural issue; it is a big issue in my constituency in north County Dublin. I attended five meetings in recent weeks in Rush, Lusk, Loughshinny, Ballyboughal, Skerries and Swords. A further meeting is planned for Thursday in Swords. Rural dwellers with one-off houses have paid significant development levies to local authorities for services they do not have. That is certainly the case with Fingal County Council. People in north County Dublin have paid between €30,000 and €50,000 to the local authority by way of development levies for services that do not exist. The Bill does not refer to providing grant aid for people in any way, shape or form. Neither does it refer to means testing. Let us consider what is done for the warmer homes scheme and provide a degree of equity. We will have problems with septic tanks and systems that will fail the test. People will have to pay for the remediation. My colleague, Senator Brian Ó Domhnaill, is correct; in many instances it will cost thousands of euro to remediate the system. What will happen if people do not have the money?
In his opening statement the Minister correctly referred to the importance of ground water and the supply of fresh drinking water. I could not agree with him more. He should talk to the people in north County Dublin who are faced with a proposal from the Department. I will tell him where he will get the money; under the greater Dublin strategic drainage scheme. The Department, in conjunction with Fingal County Council, proposes to install the largest waste water treatment plant this country has ever seen in the middle of the horticultural and market gardening capital of this country where 60% of the fresh fruit and vegetables are produced. The scheme remains part of the capital programme. The Minister has allowed it to proceed to planning. Between €2.3 billion and €2.6 billion has been put aside for this project that is not needed. What will happen is that the people of north County Dublin and Fingal will treat the waste for nine regional local authorities all around that area. If the Minister wants to save money to enable him to introduce a grant scheme to allow people to remediate their septic tanks he should bin the proposed scheme for a monster treatment plant in north County Dublin that will serve all of Dublin, Kildare, Meath and north Wicklow because it is simply not required. That is where he will get the money to provide the grants we are talking about to allow people to remediate their systems.
Is it Government policy to proceed with the Bill without making provision for grant aid or means testing? If it is, the Minister will get total and utter opposition from us. We will propose amendments in that regard. Is it Government policy — bad policy — to proceed with a massive, regional waste water treatment plant to serve the east coast and to land it slap-bang in the middle of north County Dublin? Has the Minister's colleague, the Minister for Health, Deputy James Reilly, raised the matter at Cabinet? Has the Minister not considered the fact that best practice across most developed countries is localised plants? Deputies referred to Scotland. There is a massive treatment plant in Edinburgh that allowed raw sewage out into the North Sea for 60 hours at 1,000 litres per second. That is the type of thing the Government proposes.
The Minister can introduce the Bill with means testing and grant aid. As is the case in Northern Ireland, he should have at least one free desludging per year. The Minister can do that if he bins the crazy proposal on the treatment plant. Is it Government policy to proceed with the treatment plant? In addition, is it Government policy to proceed with the Bill with no financial assistance to people who would be badly in need of it?
Senator Keane correctly said that we are all concerned with the environment. The Minister for the Environment, Community and Local Government should also be. He should know that one cannot get blood from a stone. Where will people get the money who have individual sewerage units and septic tanks that require remediation that could cost between €10,000 and €17,000? There is not one proposal in the Bill to provide for grant aid. We will table significant amendments on Committee Stage. We hope our colleagues in government will consider the amendments because as the Bill stands, it is an attack on rural areas, as outlined by Senator Brian Ó Domhnaill, which could be unconstitutional. People have paid development levies to their local authorities for services that do not exist. Now they are being hit again by Government and by local authorities with an additional charge to do the work the local authorities should have done in the first place.
I welcome the Bill. It is a constructive, balanced, well-thought out approach to dealing with where we find ourselves today in that we have not complied with the necessary provisions to protect the water schemes and ground water, especially in respect of septic tanks. It is unfortunate that the European Commission has threatened to impose fines and that the necessary work could not have been done previously.
In the revised programme for Government of the Fianna Fáil and Green parties dating to 12 October 2009, two years ago——
Those were the days.
——they promised they would introduce a scheme for licensing and inspecting septic tanks and wastewater treatment systems. As that is what we are doing with the Bill before the House, I do not think it is crazy at all. It is practical, necessary and important legislation.
Senator O'Brien did not read the previous programme for Government.
A couple of issues were raised, including that the Bill might be unconstitutional. Everyone has an obligation to protect their environment and to ensure that their impact on it is reduced and minimised. Legislation such as this produces a framework within which waste water treatment systems can comply.
Senator O'Brien referred to people in his constituency who have paid development charges recently. They will probably have treatment systems that are well-informed from an environmental point of view given that they were probably constructed relatively recently because development charges have not been in place for long. People in new constructions will register their treatment system under the legislation. I expect they would welcome the measure.
It is important that we know exactly what is going on as we do not see much pollution given that it is not visible. It is underground in the soil, ground water and aquifers. We must step back and take note of what is going on. Legislation such as this will enhance the planning and development of one-off housing in rural or semi-rural areas. I am in a similar constituency to Senator Darragh O'Brien that is composed of some rural but largely urban areas. The legislation is important. I welcome the fact that a methodology is put in place whereby inspections will be carried out and there is an obligation on householders operating waste water treatment systems — septic tanks as we know them — to register the provisions.
I share the concerns expressed by Senator Landy on older systems, especially those pre-1963, and systems that were constructed where they should never have been constructed because of the sub-soil or ground water system but nonetheless they were given permission. In the light of today's knowledge I envisage that difficulties will arise for some people. It is important that such concerns are raised at this stage.
Compliance with European environmental directives has been a good thing for this country. It has been one of the positive aspects of membership of the European Union. In many cases we have been brought kicking and screaming but we have addressed our environment. In this case we are dealing with air, soil, groundwater and aquifers. We have been forced to address these issues and have acknowledged the need to do so. We have established natural heritage areas and special areas of conservation. Our environment, heritage and countryside are the richer for that.
I am an urban dweller but I spend much time in rural areas. Farmers and rural people are in touch with their own environment. Many people welcome this development. This is a grey area. Last night I was looking at chat lines dealing with septic tanks and came across people who had bought a house ten years ago but did not know whether they had a septic tank or not. There will now be an obligation on a vendor to inform a purchaser of property that such a thing is in place. One could point to the fact that a surveyor did not point it out. However, there are now people who own dwellings and have no concept of what happens when they turn on a kitchen tap or flush a toilet.
This legislation is very important and welcome and puts a framework in place by which we can protect our much-valued environment.
I have always regarded the Minister as a very sensible and practical man, until I read this legislation. It is obvious that it is based on a desk study. No one in this House would deny that we need to protect our environment. The protection of the health of the population, by ensuring clean water, is absolutely essential. However, the Bill goes beyond what is practical.
Where is the bar being set? The European Court of Justice singled out County Cavan as the only compliant county in the country, based on the 1975 directive. I understand that Cavan was compliant with the Environmental Protection Agency, EPA, guidelines of 1999. Now the bar has been raised. As the European Court of Justice has already decided that Cavan is compliant, why has the Minister raised the bar with the new EPA guidelines? Many of those who were compliant with the 1999 standard will not comply with the new requirements.
Our objective is to protect our water. Rather than basing new standards on the inspection of septic tanks, therefore, why not look at water courses, test the quality of the water in them and then go back and ensure that any discharges within the catchment of that water supply are corrected? That would be a more focused approach, rather than the across-the-board, catch-all system which the legislation creates.
The Bill will affect people in the private sector, many of whom may well be distressed financially and in other ways as a consequence. What about our public systems? This is an example of the State pointing the finger at individuals before getting its own house in order. At the beginning of 2008, waste water from 112 locations with a population equivalent of 500 or greater was being discharged, with very basic treatment or none, into estuarial or coastal waters.
A report on urban waste water was published in 2009, based on the years 2006 and 2007. The EPA itself has carried out studies and produced reports on urban areas which show that 66% of all urban sewage treatment plants fail the necessary tests. Having spent €2.7 billion on upgrading the new urban areas wastewater treatment systems, both Dublin and Limerick city failed to meet the criteria. Why are we going after people in rural Ireland who are the backbone of our country, work hard and subscribe to the economy and targeting them for something that, in many instances, will be impossible to comply with?
There is no provision in the Bill for cases where a person fails the inspection, and I have heard nothing from the Minister about such a provision. They will get an advisory notice and a timeframe in which to remedy whatever defects have been identified. Many septic tanks are on household sites of half an acre, and householders will be unable to meet the required standards, particularly in the percolation areas and the extent of piping required. It will be physically impossible for those people to comply. What will happen those people? What will happen the person who gets an advisory notice and is faced with a cost of a five figure sum? I have heard figures from €10,000 to €17,000 mentioned, depending on the scope of the work that needs to be done. How does such a person, who may be on social welfare or a paltry pension, meet the requirement in the advisory notice? There is nothing in the Bill to say people will be assisted.
Senator Ó Domhnaill referred to what is happening in Northern Ireland. Britain is focusing on wastewater treatment schemes where the discharge is up to 5 cu. m per day, or less than the surface water, and which are discharging up to 2 cu. m per day into groundwater. Britain is taking a much more targeted approach than we seem to be doing.
I appeal to the Minister to rescope the legislation, from a purely practical point of view. Improving our water supply system is fundamental for us and something to which everyone aspires. However, if legislation is going a certain route it must be practical. The Bill will create difficulties for a large proportion of the rural population, as well as householders in ribbon developments on the outskirts of our towns which are not connected to a public sewerage system. This is a failure of our local authorities. They do not have the funding to do it. One way to deal with that problem, although it would not help the majority of people who will be adversely affected by this measure, would be to pipe the wastewater effluent from those septic tanks into the public scheme and leave the solid material to be cleaned from the septic tanks. If the Minister does not offer some sort of financial package we will be whistling in the wind. The legislation will lead to tremendous aggravation among the populace as a whole who will be seriously and adversely affected by it.
With the permission of the House I will share my time equally with Senator Pat O'Neill.
I will be as fair as I can. Is that agreed? Agreed.
I welcome the Minister of State to the House. I also welcome the Bill, which implements the policies of the previous Government, although Opposition Senators may not wish to acknowledge that. There is good intent on all sides of the House to clean up this particular mess. We are working assiduously to clean up the economic and financial mess, and the Taoiseach is abroad today trying to do so. The environmental mess caused through not dealing with this problem over the last number of years is also being dealt with, and this is welcome. Seven or eight months into office, we have a Bill before us which will go through committee. If suitable amendments are tabled I have no doubt the Minister will be more than happy to examine them and deal with them accordingly.
I commend the people and council of County Cavan who saw the light a long time ago and put regulations in place to deal with this problem. I was at a conference in Cork several years ago at which the environmental director for Cavan County Council gave a very enlightening presentation on how Cavan had dealt with the issue. Interestingly, the European Court of Justice judgment against Ireland exempted County Cavan. It is a bit rich that a certain MEP in Ireland West is going around holding public meetings berating this legislation. I wonder whether the same MEP held a meeting in Cavan. It would be interesting to know whether that happened.
The backlash from this will be enormous. Let us try to get it right.
This legislation is very welcome. However, there is one thing I would like the Minister to take into consideration. He should consider the people who will end up having to carry out remedial works and the contractors employed to do such work, as there have been shady developers and builders operating over the years. The last thing we need now is people taking advantage of householders who find it necessary to carry out substantial remedial work. Some sort of register should be introduced. In County Clare, we had a register of people who were qualified to carry out percolation reports and did not accept planning applications unless the percolation report and proposals came from somebody on the list. Perhaps we should use a similar system to provide structure and ensure we have a panel of people who have been inspected and are qualified to carry out this work. We have seen what has happened with light and poor regulation over the years. This is a new venture to try to clean up public water and ensure we are compliant with the European directive. As such, it is important that the workers individuals must employ to carry out remedial works are competent, capable, efficient and cost efficient.
I welcome the Minister of State, Deputy McGinley, to the House.
I welcome the Minister of State to the House. I welcome the Bill before the House and congratulate my constituency colleague, the Minister for the Environment, Community and Local Government, Deputy Hogan, on grasping the nettle and introducing the Water Services (Amendment) Bill. I am amazed that once again in this House we are seeing opposition for the sake of it from Fianna Fáil. Public health means nothing to Fianna Fáil members, they will just oppose everything.
The need to address the requirements of the European Court of Justice ruling against Ireland dates from 2009. However, Fianna Fáil and a Green Party Minister for the Environment were too cowardly to act to protect water quality and uphold Ireland's legal obligations.
That is incorrect. It is a false statement.
It is not incorrect.
The new code of practice in place was introduced by the previous Government. That code does not retrospectively lay out what is being proposed by the other side of the House.
Fianna Fáil did not implement the directive.
Senator Ó Domhnaill is eating into Senator O'Neill's time.
Do I have the floor?
Yes, carry on. Let us try to avoid further intervention.
A former Minister, a party colleague of the Senator is prepared to go to jail rather than allow this legislation go through.
He will not be alone. Many of us could go to jail if what the Government proposes is implemented.
He was part of a Government that was too cowardly to introduce proposals. Senator Ó Domhnaill said——
The Senator is being provocative now.
I am not being provocative.
The Senator is provoking a reaction here.
I am getting a reaction.
It is very easy to provoke the Senator for some reason.
The Acting Chairman was not in the Chair when Senator Ó Domhnaill was on his feet. Imagine what would happen if we adopted Senator Ó Domhnaill's ideology. He said earlier that the EU had only imposed nine fines. In other words, instead of wanting us to bury our heads in the sand, he wants us to bury them in a septic tank. He suggests that we continue to break the law.
There are alternative ways of doing it. My God, travel 100 miles up the road——
On a point of order, Senator Ó Domhnaill is continually interrupting the Senator. Give him a chance.
I will allow Senator O'Neill extra time to make up for the interruptions.
Thank you. Senator Ó Domhnaill said it was only nine fines. In other words, he wants us to continue to break the law because the EU will not fine us because this is Ireland. That is not living in the real world.
Therefore, the ordinary person in rural Ireland will pay. Pass it on to the ordinary person. Does the Senator agree with the Bill? We do not.
In the real world the European Union has introduced legislation. We face €26 million in fines.
If Senator O'Neill addressed his comments through me as Chair, he would not provoke Senator Brian Ó Domhnaill.
There is a lot of ground hurling going on here.
We are good at it, is that not correct?
You certainly are.
I am sorry, Acting Chairman. This Bill addresses the requirements of the ECJ that Ireland introduce a registration and inspection scheme for septic tanks. Like me, the Minister, Deputy Hogan is from a rural background and is well aware of the need for a fair approach to this issue.
He needs to go back to the rural area and hear what is being said in the clinics.
True. Therefore, inspections will be in targeted areas where drinking water sources or habitats are likely to be, or have been, impacted. I was delighted to hear Senator White admit that we have a problem with septic tanks. Senators Ó Domhnaill and Walsh have talked about the size of sites and have stated that people will not be able to comply. I will ask the Minister about this. He is not here now, but his officials are and what is said here will be on the record. He lives in the real world, unlike Ministers in previous Governments.
Which world? Not the current world.
As the Minister, Deputy Ruairí Quinn, says, we are not in that space anymore.
I will ask him to introduce planning exemptions with regard to compliance of sites and I know he will do that. While the registration fee has not been universally welcomed, it is only a modest €50 considering that the revenue will revert to the protection of water quality.
The question was asked why we must pass the cost on to the people. It must be passed on because Fianna Fáíl and the Green Party Government broke this country. We do not have the money any longer.
The Senator's time is up.
The Government paid the unguaranteed bondholders and we all owe money for that.
I thought the Chair would show his colours.
I will not take offence, but the Senator has used four minutes and 29 seconds.
I need 30 seconds to complete my contribution. When I was in the Chair, I was very gracious to Senator Leyden with regard to time.
As I am to the Senator.
Thank you. The €50 charge must be considered in the context of the dire straits our economy is in and the potential fines we face as a country if we fail to implement the ECJ ruling. The Minister has spoken of a lump sum penalty of €2.7 million, followed by daily fines for non-compliance of more than €26,000 per day, amounting to more than €9.5 million annually. It is very clear that as a State we cannot afford to pay those fines. These are grave economic times and they require tough decisions made for the right reasons. The Minister, Deputy Hogan, has shown that he is up to this task and I wish him well in piloting this legislation through the Oireachtas.
It is interesting to hear Government representatives, when challenged by either of the Opposition parties, talk about opposition for the sake of opposition. We had a similar discussion this morning, but I do not want to have to read again the litany of promises made by the Fine Gael Party and the Labour Party before the election which have been broken. Consistently, promises and commitments given have been broken. There was significant opposition for the sake of opposition from those parties when they were in Opposition. I could recite many of the promises that were made, particularly by Deputy Gilmore, to protect people in rural Ireland, people who live in poverty, people who live in disadvantaged communities and come from disadvantaged backgrounds and to ensure that fairness and equity would be at the heart of Government decisions. However, we have the opposite now from those parties.
The Senator might give us his record on Northern Ireland and how his party approaches things up there. We would all be interested in hearing that.
Some Ministers are now resigning because they cannot stomach the U-turns. I can and will give plenty of examples of what is being done in the North on this issue. If only the Government would take from the progressive proposals that are being implemented in the North, this part of the island would be a much better place for people to live in.
Does the Senator propose that we rejoin the Commonwealth?
We called for a debate on what is happening in the Assembly in the North. Senators should not just snipe at what is happening up there because the Labour Party and Fine Gael showed little or no interest in the citizens of the North for many years.
The Senator's party did it for us. We saw what happened many people in the North.
We were just as outraged when you were putting up rates there.
The outrage we are now getting from those same parties about what is happening in the North is just false outrage. It would be beneficial if the Leader were open to allowing for proper debate in the House on the powers and functions of the Assembly. I will deal with that in the context of my speech.
If the Senator does not mind my saying so, he should deal with the Bill.
I try, but when I am being harassed by the Government side——
The Senator is provoking a certain amount of comment.
The Acting Chairman would be good at that himself.
The Senator is being provocative.
Let me deal with the issue at hand. My party favours moves that will further environmental protection. We believe it is vital to have a comprehensive mode of inspection and oversight in this area. We take a rights-based approach to the environment. Having a clean environment is a right that must be upheld to achieve a better quality of life. Clearly, considering the damage a faulty wastewater treatment system can do in its immediate environs, it is vital that the Government ensures such systems are properly maintained and inspected.
The Bill's digest, which was helpfully provided by the Oireachtas Library and Research Service, notes approximately 20% of drinking water supplies originate from ground-water and, as detailed in the regulatory impact analysis carried out on behalf of the Department of Environment, Heritage and Local Government, leakage from septic tanks is a major cause of ground-water pollution, especially in rural areas. A good inspection regime should have a very positive implication for ground-water quality by minimising pollution from wastewater treatment systems. Insufficient septic tanks pollute the surrounding soil and may release climate-changing gases such as methane into the atmosphere and cause odour nuisance. Wastewater discharge feeding into surplus water can pollute drinking water sources for livestock and other animals. Improvements in service water quality on the implementation of the Bill would reduce the incidence of illness as a result of animals drinking contaminated water.
The Bill, which is to amend the Water Services Act 2007, is being introduced because, in October 2009, the European Court of Justice ruled that Ireland failed to adopt the necessary legislation to comply with Articles 4 and 8 of the Council's waste directive regarding domestic wastewater disposed of in the countryside through septic tanks and other individual waste treatment systems. This could have been resolved many years ago, however, and the Government is right to blame a party that is now in opposition. This issue has its roots in a European directive from 1975 and it appears we are many years behind other European countries, especially our nearest neighbour, the United Kingdom, in introducing a comprehensive inspection and registration regime.
There are aspects of the Bill that cause concern among those of us in Sinn Féin. The Bill penalises ordinary working people in rural areas. Ordinary people have been hit badly, albeit by proposals of the previous Government, but I am sure they will be hit in a similar vein by the present Government when its budget is announced in a couple of weeks. The dreaded universal social charge was announced last year and it has had a significant impact on many working families. In addition, families are expected to pay household charges, water charges and the proposed septic tank charge.
Reducing poverty ought to be the core aim of the Government. Increasing unfair household charges will not do anything but decrease people's incomes. Reducing the incomes of those who spend takes money out of the real economy. We have seen how this has had a deflationary impact on the economy in the State. The proposal to charge the owners of wastewater treatment systems for registration is iniquitous and unfair.
Let me deal with some of the issues that were raised in regard to what Sinn Féin has done in the North. There is an alternative. In the Six Counties, desludging services are available for free to domestic users once per year from Northern Ireland Water. If users require a second service during the second year period, they must bear a charge. My party is committed to ensuring the systems in the Six Counties and Twenty-six Counties are harmonised.
The Senator's time is up. He may consider an amendment on Committee Stage.
The bottom line is that if Government representatives want to grab hold of the Sinn Féin pre-budgetary submission — I will ensure they all receive a copy — they will see that there are many alternatives that could be considered to tackle wealth in this country to ensure that high earners pay their fair share, especially those in the political system and at the top of the public service, who walked away with lottery prize-sized payments in recent times. Many of the proposals we are making would allow the Government to raise revenue without having to penalise again working people in rural areas. We can have inspections through the local authority system without having to impose charges. A point was made by a Fianna Fáil Senator about what happens if remediation works need to be done. They could cost thousands of euro. Where in God's name will families who are financially crippled at present get the money to carry out these works if there is no grant system in place? The measure is putting the cart before the horse again. Ordinary working people must foot the Bill. They pay their taxes for decent infrastructure.
The Senator's time is well up. I call Senator Comiskey.
The Government should implement Sinn Féin's alternatives because this is why they were proposed.
Debate adjourned.