Dáil debates

Wednesday, 25 April 2007

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage

 

9:00 pm

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)

I thank Deputies for their constructive contributions. This is a significantly better Bill than the one that was introduced because I have listened to each and every one of the points made. It is radical because for the first time the Bill establishes the Minister as the national authority for regulating the water sector — incredibly there was no central authority until the enactment of this Bill. It gives the Minister of the day specific powers to direct the local authority in management and operational practice. Amazingly, there is a gulf in existing law that will be bridged by this Bill.

On monitoring and effective enforcement and control, Deputy Michael D. Higgins is right. Until this legislation, responsibility for monitoring fell within the remit of local authorities but there was no real enforcement. The EPA could and did in many excellent reports draw attention to the monitoring and, in Galway, on several occasions drew the at risk notices to the local authority's attention but nothing was done. Now the EPA has supervisory and enforcement powers over all public water supplies, including supervision and monitoring by local authorities. It can monitor the monitors, which is an important step forward. The recent drinking water regulations already gave these powers to the EPA by ministerial regulation but this emphasises those powers.

The most radical change is that the Bill will introduce a reserve function to the elected members of the council to ensure they know about and take the necessary action when water is at risk.

Deputy Higgins is right, and I was moved by the eloquence of this point, that no single self-interest should be allowed to be above the common good and the protection of the water course is an important public responsibility. It has not been discharged in the way it should be. Serious lessons have been learned and are being legislated for and I thank the House for that.

Water is a resource. It must be conserved and valued. We have always thought that water is free, it is just there. We will not appreciate it until it is not there anymore, a realisation which has dawned in recent weeks. I decided to give this as a reserve function a year before the outbreak in Galway but it was a good decision and I was supported by all sides of the House. We have made a difference by passing that power to democratically elected councils.

Specifically the Bill prohibits the privatisation of water as an asset. Deputy Gilmore asked a searching question about who owns not just the assets, such as pipes and equipment, but who owns the water. It also belongs to the people.

A range of issues was raised. There has been a phenomenal increase in the resources put into water. We are a rich country and we should not have a situation where a city of 90,000 people must buy bottled water. It can happen, there is a danger to any surface water process, it happens all over the world. Surface water is prone to cryptosporidium infection and other parasites so we must put the resources in place. The Government committed €3.7 billion in the national development plan that has just finished and has earmarked €4.7 billion for the current programme. The resources are there and thanks to the good work on all sides, the legislation is in place.

I thank Deputy O'Dowd for his many positive contributions. I listened to him and took on board the contributions I could and the Bill is better as a result. I also thank Deputy Gilmore. We had a long and interesting debate that also strengthened the Bill. Deputy Morgan made some interesting propositions, as did Deputy Cuffe.

This is radical legislation that was long overdue. There was criticism of the length of time it took to come to the House. It is not an excuse but there are finite resources for the drafting of important legislation. Due to the fact that I had accepted so many proposals made by all sides of the House I put significant pressure on the staff of my Department and the staff in the parliamentary draftsman's office. I thank them for the work they have done and thank the House for supporting this important legislation

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