Brian Ó Domhnaill (Fianna Fail) | Oireachtas source

I move amendment No. 11:

In page 9, line 14, to delete “may” and substitute “shall”.

The section deals with the transfer of property of water services authorities. Where it states that the Minister "may" do something, very often that refers to financial decisions. The section states:

The Minister may, on or after the transfer day, from time to time, by order, appoint a day (in this Part referred to as a “property vesting day”) for the purposes of this section.

I want to replace the word "may" with "shall." Using "may" will allow competing financial demands to be considered, leaving critical water infrastructure in limbo and in the hands of either a local authority, housing estate owners or house owners on housing estates. The provision could leave a local authority exposed. If an organisation such as Irish Water raises moneys on the international market and confidence is placed in the authority, then it is right that the authority fully fund upgrade works on public infrastructure in order to provide water or wastewater facilities. We have already referred to wastewater facilities. We want wastewater treatment systems on housing estates to be taken over as well.

I want the section amended in order to read that the Minister "shall" appoint a day. Using the term means the Minister's discretion remains intact. It does not just refer to the Minister of State. Any Minister in any government, on any given day, will be left with a ministerial decision about whether a piece of infrastructure will be transferred. Use of the word "may" implies uncertainty and I propose that it be replaced by "shall" so that the Minister is duty bound to transfer the pieces of infrastructure to Irish Water.