Arthur Morgan (Louth, Sinn Fein)

On careful reading, amendment No. 17 appears to have the effect of prohibiting the privatisation of water schemes. If that is indeed the case, it will be a significant amendment.

Can the Minister clarify how the amendment relates to section 31(12), which states: "Subject to any regulations made under section 79(2) or (3) a person shall not provide water services in the functional area of a water services authority without the agreement of that water services authority"? That implies a private operator could use the facilities as long as the permission of the water services authority has been granted. Which holds sway, amendment No. 17 or section 31(12)? The subsection clearly indicates there is provision for a developer or operator to use the facility, whereas the amendment appears to overrule such a possibility. A clarification on that issue would be welcome.

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