Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

I thank Senators for their comments and for the views they have expressed. Most of those currently in the Chamber were present for the debates on the two items of legislation relating to water. I am on record as stating that the best debates on said legislation took place in this House and that the most questions in respect of the various matters under discussion have been raised here. I am happy to come before this House at any time in order to answer questions.

The Minister for the Environment, Community and Local Government delegated me to steer both of the items of legislation to which I refer through this and the Lower House. I was also given responsibility for steering through the legislation relating to the household charge. I had no knowledge of or function in respect of the day-to-day issues which are the subject of this debate. When the transcript of this debate is published, I will ask the officials in the Department to send it to Irish Water in order that it might reply directly in respect of all of the questions Senators have posed.

My record in public life, in terms of accountability, transparency and use of the Freedom of Information Act, speaks for itself. I was never shy of using the provisions of the Freedom of Information Act. I wish to reiterate something I stated on Wednesday, 19 November last, namely, that the Freedom of Information Act makes any Government Minister, Department or agency wholly accountable in the context of transparency. I also said that I expected the Freedom of Information Act to apply to every aspect of Irish Water from 1 January last. Regardless of whether they are posed by Government or Opposition Members, all questions put to Irish Water must be answered honestly, transparently and openly. Anyone who makes statements to the contrary is completely wrong.

I know it can sometimes be difficult to proceed with freedom of information requests in light of the appeals process, etc. However, it was always our intention - and I always held a strong view in this regard - that Irish Water would be subject to the Freedom of Information Act, that its operations would be transparent and that it would be accountable. In that context, I ask Senators to read the speeches I made in respect of the two items of legislation dealing with water. I have always used the words "transparency" and "accountability" in my discussions with the Department and in all of the debates on this matter. Those two concepts provide the answers to Senators' questions. If they do not receive those answers, then the necessary transparency and accountability are not there.

I was given the responsibility of ensuring that there would absolutely be transparency and accountability. My constituents have asked me how they will be able to afford to pay for water, for what they will be charged and whether Irish Water is accountable or whether it is a runaway train. I reiterate that the nub of this debate relates to accountability in respect of charges. I have always been of the view that freedom of information would apply and, therefore, that - despite the fact that people might not immediately obtain direct answers - nothing could be hidden.

Further, irrespective of how much Irish Water spends, whether €200 million or €2 billion, it is my view that all of its costs must be included in the submission to the Commission for Energy Regulation.

I appreciate Senator Barrett's point and his view on the Commission for Energy Regulation being given an oversight role in respect of Irish Water. I also understand that he is not arguing against a regulator being given a regulatory function in this regard. I believe his point is that the regulator should not be the Commission for Energy Regulation. The regulator is responsible for doing due diligence on each and every cost incurred by Irish Water, all of which must be proofed and found to be germane to the issue and fair. Under no circumstances could Irish Water be described as a runaway train in the context of accountability because the Commission for Energy Regulation will hold it accountable.

The issue of the regulator arose in our previous debate. Before that debate had concluded, I requested a meeting with the Commission for Energy Regulation and that office will be able to tell Senators what issues I raised at the meeting. I brought to the attention of the regulator all the concerns raised in the House by Members from all sides and asked how it would be accountable to the Oireachtas in respect of the charges it will allow for water. I asked whether the office was prepared to appear before a committee of the Oireachtas at any time, which is a critical issue, and I was assured that it is willing to come before the Oireachtas before any decision is made to discuss what is or is not an allowable expense. That is the principle governing the way in which the Commission for Energy Regulation will operate. The heart of the matter is that if a regulator is given an oversight role, it must act in a transparent and accountable manner and set out the reasons it proposes to allow certain charges to be levied. While the Government will not interfere with the commission's decisions, it must be accountable in respect of the manner in which it takes decisions.

The Commission for Energy Regulation will publish its proposal on charges. As I stated in a previous debate, its proposal will then be debated in both Houses and Members of all parties and none will be able to express their views on it. The regulator is not required to agree with Members' views but it must listen to them. I reiterate that there will be transparency and accountability through due process. That is an issue I have been concerned about throughout.

Senator Barrett asked what is the problem with Irish Water and why we cannot continue as at present. I am putting words in the Senator's mouth in saying he effectively asked what is wrong with what is currently in place. Today, 18,000 homes are affected by boil water notices and other restrictions. The Environmental Protection Agency has determined that remedial action is required on supplies where there are risks and cover almost 1 million people. As such, there are risks to the water supply of 1 million people or 16% of supplies. These must be improved and they include some of the large supplies, including parts of the water supply to Dublin, specifically Callow Hill tunnel in Vartry, the Stillorgan reservoir, and the Cork city water supply. A Senator from Galway spoke about the risks to the supply in that county which were addressed in the past. There are significant supply constraints in Dublin where daily demand amounts to 96% of available supply. The margin in Dublin is, therefore, 4% when it should be at least 15%. We must address that issue.

Nationally, 40% of water is unaccounted for, which means that 40% of the water treated, stored and pumped does not reach end users. This is because the pipes cannot carry the water or it is wasted. Irish Water is being established for these reasons.