A percolation test hole, which tests the ability of the soil to hold a septic tank. We have over 400k septic tanks in Ireland, compared to just 80k in the whole of Scotland.

The 7 members of Fine Gael who recently travelled to Brussels to consult with Environment Commissioner Janez Potocnik regarding soil percolation testing in Co. Leitrim appear to be amazed that the Water Frame Directive does not contain prescriptive measures in relation to how soil percolation tests should be carried out in this jurisdiction.

Had they even a cursory knowledge of the application of EU Law, this trip would have been unnecessary, as EU Directives are never prescriptive in this way, and instead establish standards which must be met and time frames in which they must be met.

Moreover, any of the members of the delegation could have simply read the Water Framework Directive, copies of which are available from Leitrim County Council and the EU Commission’s web site.

As things stand, Ireland is in breach of the Water Framework Directive and has been prosecuted by the European Court of Justice as a result. The statutory agency that is responsible for rectifying this situation, and ensuring that Local Authorities meet the standards that are laid out in the Water Framework Directive, is the Environmental Protection Agency.

The Environmental Protection Agency has in turn issued Codes of Practice in relation to testing for water percolation quality, and the Minister for the Environment has instructed County Managers to implement these standards. This has been the norm for Ministers for the Environment in successive Governments, given that it would be absurd for a Minister for the Environment to reject the findings of an agency that has statutory responsibility for water quality.

The current Minister for the Environment has never expressed any view in relation to percolation testing. He is not an engineer or expert in soil science, and must rely on the expertise that is available to him. He has therefore instructed County Managers to adopt the Codes of Practice as published by the EPA.

During his recent visit to Carrigallen, he made it clear to the elected members of Leitrim County Council, including those who recently went to Brussels, that he has no issue with the use of technology to achieve the standards required by the Water Framework Directive, but that this was a matter for the EPA.

As is their want at the moment, Fine Gael has chosen to ignore this, and instead engage in populist ranting about ‘driving people of the land’.

This, sadly, is typical of the quality of debate that attaches to important issues like water quality, and makes you wonder what, if any, environmental standards we would have if these matters were decided by local politicians rather than the EU Commission.