Dick Roche (Wicklow, Fianna Fail)

We carefully considered amendment No. 20 in particular, which could have a very dangerous, unforeseen and unintended consequence. It would allow the owners of service connections to charge users for their upkeep, albeit in direct proportion to the level of use. That would effectively amount to a charter for water charges for all consumers, domestic and non-domestic, which I know certainly was not the intention of the Labour Party or Deputy Gilmore.

For example, it would allow the developer of a new housing estate to charge every household for the upkeep of drainage and water supply pipes on the estate until such time as they are taken in charge by the relevant local authority. I am convinced that Deputy Gilmore did not intend that. No one in this House would want that because developers get away with enough already. There is a potential danger, and I ask the Deputy to withdraw the amendment.

The principle espoused in amendment No. 21 of recovering costs from users based on the level of use for a connection is already enshrined in section 43(3) and (4). Subsection (3) places responsibility for the upkeep of a connection on the person who owns or is in charge of it. Where such a person cannot be identified, subsection (4) provides that such responsibility falls proportionally on the owners of the premises using it.

Regarding amendment No. 22, section 43(2) provides that a water services authority may, at its discretion, provide, repair or replace a connection itself or, alternatively, contribute to the costs of such works. I consider that it would be preferable in the first instance to allow individual water services authorities in a spirit of local democracy to exercise their discretion regarding the extent of assistance to individual premises for the purposes of section 43. I expect a reasonable line would be taken depending on individual circumstances. If further direction is necessary, I will exercise my powers under section 33(1) to issue appropriate guidance.

In summary, a quite dangerous and entirely unforeseen consequence would arise from amendment No. 20, and I do not suggest for a moment that it reflects the Deputy's intention. Amendment No. 21 has already been addressed, and the Deputy's concerns expressed in amendment No. 22 can be dealt with in guidance. I ask that the amendments not be pressed.

See this speech in context