Gallagher, Pat the Cope

Wednesday, 16 June 2004

Seanad Eireann Debate
Vol. 177 No. 2

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Water Services Bill 2003: Committee Stage.

As the Petty Sessions (Ireland) Act 1851 is mentioned only once in section 9 of the Bill, I am pleased to accept amendments Nos. 1 and 32.More Button

This is a technical amendment to correct a clerical error. There is no reference to the Local Government (Financial Provisions) Act 1997 in the Bill.More Button

While there are many amendments here, a thread runs through them. They form a package of technical measures designed to make the legislation operate more efficiently. After the publication of the Bill...More Button

This is a technical amendment to remove unnecessary duplication arising from the inclusion of “horticulture” in the earlier definition of “agriculture” in section 2.More Button

I thank Senator Bannon for tabling the amendments and Senator Brady for supporting them. Having revisited sections 3 and 8, I accept that the revised wording is an improvement on the existing text. I ...More Button

I will deal with the amendments and then confirm the position regarding domestic water charges. The common thread running through these amendments is that they propose to introduce provisions relating...More Button

I have reviewed this section with my officials and I agree the proposed amendment adds clarity to the intention of the section. Therefore, I am happy to accept it. On the further question raised by Se...More Button

I confirm that and state emphatically and unambiguously that this is not part of the Government’s or the Minister’s agenda. A review of all aspects of local government funding is currently under way a...More Button

This amendment deals with section 6 of the Bill, which enables the Minister, the Water Services Authority or other person prescribed for the purpose of his functions under this Bill to serve notice on...More Button

The purpose of this amendment is to enable regulations to be made dealing with the provision of information under the Bill by electronic means. For example, in the matter of licensing applications or ...More Button

I will deal with the substantive amendment to section 49 under amendment No. 87 first. Amendment No. 87 replaces the existing section 49 and expands the scope of its application to include service con...More Button

I cannot agree with Senator Bannon. We have all dealt with group water schemes in our time. However, I am referring to large schemes. If the final plans are submitted within six months of the completi...More Button

There will be a nominal charge and that is reasonable. If one currently seeks copies of a planning application or details from an application, there will be a charge. It will certainly not be a questi...More Button

Amendment No. 27 is consequential on amendment No. 107, so I will first deal with the substantive amendment. Amendment No. 107 expands the scope of the original section 61 to include, in addition to p...More Button

As we are discussing amendments Nos. 28 and 170 together and as amendment No. 170 is the substantive amendment I will deal with it first. The purpose of the new section introduced by amendment No. 170...More Button

These amendments reduce from 12 months to six months the maximum term of imprisonment which may be imposed following conviction for a summary offence under the Act. The six months maximum term of impr...More Button

While I am aware Senator Bannon tabled this amendment in good faith, it is necessary to flesh out the matter. There are a number of situations whereby an offence committed may not come to light for so...More Button

I have studied the amendment and appreciate the point Senator Bannon makes. I have consulted on the matter with the Office of the Attorney General. The purpose of subsection (3) is to remove any doubt...More Button

It is not a word peculiar to Donegal.More Button

This is a technical amendment to facilitate the smooth operation of the process for serving notices. As previously worded, a notice may only be served by one of the methods provided for in section 19(...More Button

Senator McCarthy’s amendment would delete paragraph (f), which provides for e-mail or facsimile transmission of notices. It is difficult to accept the proposition that significant modern legislation, ...More Button

The purpose of this amendment to subsection (2)(b) is to broaden the scope of application of the power to halt a vehicle to include circumstances where there are reasonable grounds for believing that ...More Button

Section 22 provides generally for the powers of authorised persons. This amendment specifically provides authority to enter premises for the purposes of performing any function under the Act in additi...More Button

Section 22(5) sets out in detail the powers of authorised persons on entering premises or boarding a vehicle, including at section 22(5)(i) provision for powers to carry out repairs. The purpose of th...More Button

To avoid doubt, this amendment expands the scope of the original section 22(5)(k) to enable the powers of authorised persons, for the purposes of investigating the connection of and ascertaining the c...More Button

As currently worded section 22(6)(a), which enables an authorised person to direct the owner or occupier of premises to take corrective measures to remove a risk to human health or the environment, co...More Button

This is a technical amendment to correct a typographical error.More Button

Section 27 provides for the transfer of functions from a water services authority to the Minister or other prescribed body, or from the Minister to a water services authority or prescribed body as req...More Button

I appreciate the point the Senator made about waste management. The powers were transferred as a result of legislation enacted by the Oireachtas. If this or a future Government were to contemplate pri...More Button

Section 27 provides for the transfer of functions conferred under this Bill. The legislation does not provide for any power to raise water charges. Such powers are provided separately under existing l...More Button

This amendment to section 30(1)(b) provides that the Minister shall have overall responsibility inter alia for the planning and supervision of investment programmes for the provision of water services...More Button

This amendment is tabled to avoid doubt and to prevent paragraph i (viii) being interpreted as enabling the Minister to direct a water services authority to provide water services to specific individu...More Button

Section 30 places overall responsibility with the Minister to facilitate the provision of safe and efficient water services and associated water services infrastructure, and provides for the necessary...More Button

I understand the intent behind the three amendments under consideration and readily agree that in a modern society every person should have access to a safe water supply. However, I am concerned that ...More Button

The purpose of these amendments is to apply relevant functions under the Bill to the public private partnership partners of authorised water services providers. In all of the provisions identified, th...More Button

The purpose of this amendment is to enable regulations under section 32(2) and (3), in regard to the provision of water services, to provide additionally for measures necessary to protect public healt...More Button

This is merely a technical amendment for consistency with the rest of the Bill.More Button

The change suggested by Senator McCarthy to the wording of subsection (3) brings an additional increment of clarity to it and removes any possible difficulty of interpretation. I am happy to recommend...More Button

The purpose in providing that the making of water services strategic plans is an executive function and not a reserve function, as suggested in the amendment, is to draw a clear distinction between th...More Button

Senator McCarthy raises an important point. Many of us have come through the council system and it is not the intention to remove power from councillors. It is not a question of their having no input,...More Button

This is a technical amendment. Section 36(9) enables the Minister to make regulations to prescribe detailed procedural arrangements for making water service strategy plans, including arrangements for ...More Button

As amendment No. 168 is consequential, I will first address the substantive issue in amendment No. 64. The purpose of this amendment is to ensure consumers of water services provided by sanitary autho...More Button

Amendments Nos. 65, 66, 68, 70 and 71 have several aspects which arise from a series of amendments to the definitions of water services and infrastructure in section 2. Amendment No. 65 inserts a defi...More Button

Section 42 enables a water services authority to require that a premises in its functional area be connected to its waterworks or waste water works located nearby subject to the right of appeal to the...More Button

The provision in section 42(5) is based on section 8(7) of the Local Government Sanitary Services Act 1962, which is being repealed and consolidated into this Bill. Subsection (5) enables a person who...More Button


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