Dick Roche (Wicklow, Fianna Fail)

I thank Members for a series of wide-ranging and important contributions. If Deputy Crawford provides me with details of his concerns regarding the case to which he referred, I will have them examined.

Deputies Connolly and Crawford raised the fundamental issue of information. I introduced regulations in early March which, as a result of complaints made in the past, require local authorities to retain monitoring records and make them available to the public. It is important that information relating to the monitoring of water supplies should be available. I envisage that this information will be posted on local authorities' websites. Guidelines will issue in respect of this matter in due course.

With regard to culpability, responsibility and the matter of redress, local authorities are statutory bodies and there are certain rights of redress against them in respect of injuries caused. Non-compliance with the 2007 drinking water regulation is an offence and the EPA has the power to prosecute in that regard. In the regulations introduced in March, I gave specific power to the EPA to prosecute. The authority previously only had power to monitor and publish monitoring reports from time to time.

Deputy Michael D. Higgins raised wider pollution issues and the other codes to which reference was made. Those codes include the Water Pollution Acts and the nitrates regulations. I differ from the Deputy because I do not believe it would be possible to encompass all of the issues relating to potential pollution and water supplies in a single item of legislation. It is more appropriate that legislation should refer to one or the other. The nitrates regulations would be encompassed and their implementation would have a direct impact on water quality. Regulations or guidelines that are going to be produced on the issue of forestry and tree felling and the manner thereof will also have an impact. I also envisage the introduction of regulations, arising out of correspondence and contact with the Corrib anglers, relating to phosphates and detergents, particularly dishwasher detergents. To try to capture these various matters in one item of legislation would make it extraordinarily cumbersome. I also disagree with the Deputy's assertion that the focus of the Bill is narrow.

On the wider issues of DBO and PPP, I already stated that only 16 of the schemes currently under construction come under the PPP model. PPP and DBO are not the same as ownership. The PPP model is only applied in respect of water services where it is clearly established that it provides the best overall value for money. Local authorities are obliged to examine all potential procurement methods. A variety of different approaches were taken in recent times by local authorities. In some instances, DBO was the chosen model while in others it was not. It appears, therefore, that the reality on the ground is somewhat different. A fundamental principle of PPPs is that the relevant infrastructure is operated under contract to the local authority. In the area of water, ownership lies with the local authority.

On the issue of an unencumbered right to water and the provisions of the amendments, Deputy Gilmore is correct to state that I gave a great deal of consideration to this matter. The Deputy made an extremely coherent argument during our lengthy debate on this matter on Committee Stage. There are, however, practical problems in incorporating in law an unencumbered right to water. I accept that it is not the intention but doing so could potentially prove to be a recipe for chaos in the area of water. Amendment No. 6 attempts to subject such a right to any necessary conditions or limitations that may be prescribed in law. It appears, therefore, that amendment No. 2 makes provision for an unencumbered right, while amendment No. 6 recognises the difficulties attaching to any such right and suggests the putting in place of certain controls. When one considers the amendments together, it appears that their acceptance could give rise to endless litigation.

The Deputy has a good memory as he is correct to state we referred to somebody on John Lennon's island. Certain cases are easy to consider. In my constituency a person has a house half way up a mountainside. If we gave that person, who is extremely wealthy in order to be able to buy and operate that house, an unencumbered right and he or she chose to exercise that right in law — which the current occupant may not wish to do — it would place extraordinary pressure on the taxpayer and the public purse to bring a pipe to an area with no other house where, because of scenic amenity and planning considerations, there will never be another house.

This is an extreme example as is the other case, but they illustrate that one could run into difficulties whereby people with deep pockets and a willingness to go to court could do so and cause significant loss. I acknowledge the sentiment behind the amendments. While I am not in a position to accept them I refer to a change, arising out of our previous debate, we made in the Long Title of the Bill which included a reference to the common good in a summary expression of the objectives of the Bill.

Wholesome and clean water is the objective of any water treatment system. The enforcement provisions in place, particularly those in place since March deal with some of the concerns expressed in a number of contributions including that no watchdog was in place. It is made clear the EPA was provided with the enforcement standard. I listened attentively to the contributions made. For a variety of practical reasons which I previously outlined, taking this course could cause us difficulties and regretfully I cannot accept the amendments.

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