Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I thank my colleague Deputy Cowen for introducing this legislation on an issue which affects everybody and not only those entitled to exemptions in respect of poor-quality water supply. The issue of water charges is one that affects every household in the country. It is an issue that the people are watching closely. The manner in which Irish Water and the regulator handle the particular issues of concern today will be indicative of how they propose to deal with customers and the people of Ireland in the years to come. Simply put, if the product is not safe the customer should not have to pay for it. I do not believe any reasonable person would accept that people should have to pay for an unsafe product.

The Bill before us proposes exemptions from charges in particular circumstances. Government speakers have used the word "discount" in respect of boil-water notices that are in place for a three- or six-month period. Reference was also made to the possibility of 100% compensation in relation to the charge where a boil-water notice has been in place for a considerable time. However, it is proposed that the 50% discount will apply in respect of water coming into the house and not in respect of the overall bill. The regulator has not been clear or helpful in this regard. I recently read the regulator's commentary on this issue, in which he says that only 15% of water is for drinking purposes. He appeared to be almost begrudging any discount beyond that. The regulator states in his report that to give more than a 15% discount would be to ask other water users to subsidise those people in receipt of that discount. The regulator is not on the side of the people. He is a tool of the Government and Irish Water. Before even commencing work in this area, he has failed. He is not looking after the interests of the people or their health and safety. As well as being the regulator for water services, he is also the regulator of the electricity market. One can imagine the view that would be taken of an unsafe supply of electricity to people's homes, which could result in severe damage to people and their homes. It is the function of the regulator to address these issues and, in that regard, to put customers first. The need to ensure customers are looked after appears to have escaped everybody involved in this issue.

Simply put, if the product is bad there should be no charge for it. All the Government has succeeded in doing over the past two days is - pardon the pun - to muddy the waters. Much of our water is not fit for consumption. By the time this Government is finished, it will be even muddier. I do not believe, as we conclude this debate today, that anybody will be aware of the outcome of this issue. The Taoiseach and Ministers have stated that the regulator will issue a report in a few weeks' time. Whether the Government hopes to use its muscle to get the regulator to do its bidding, I do not know. If the debate on this Bill has forced the Government to put pressure on the regulator, who up to now has not being doing his job in this area, it will have been a good three hours' work. As I said, the regulator has made only token or minimal changes to the proposals from Irish Water.

Another issue about which I am concerned is the question of access by Irish Water to the Department of Social Protection database and children's PPS numbers. In response to a question asked by me last May, the Government stated that households would receive an additional free allowance for each child under 18 years of age, aligned with entitlement to child benefit. On 15 May, I wrote a letter in this regard to Mr. Billy Hawkes, the Data Protection Commissioner. Unfortunately, as I received no reply to that letter, I had to write to him again on 18 July. The Data Protection Commissioner replied on 29 July to the effect that his office has been in discussions with Irish Water with a view to ensuring that only the minimum amount of information should be sought by it from the Department of Social Protection. According to the Data Protection Commissioner, Irish Water will use the PPS numbers to interrogate the Department of Social Protection child benefit database to determine on a yes-or-no basis whether a child is in receipt of benefit and thus qualifies for the free water allowance. In the view of the Data Protection Commissioner, this means Irish Water will not have direct access to personal information. However, in my view it is not satisfactory that Irish Water, a commercial company, will have access to the child benefit database records, as confirmed by the Data Protection Commissioner. The commissioner should ensure that the opposite is the case - namely, Irish Water should request the information from the Department, which should have overall responsibility for providing it. Irish Water should not have access to Department of Social Protection databases.

I have previously asked the Minister about the transfer of assets and liabilities to Irish Water. In response to a parliamentary question yesterday, the Minister said that when the result of the due diligence exercise was known, the opening balance sheet take-on from local authorities would be known, including the assets, debtors among non-domestic users and financial liabilities. Irish Water has been up and running since 1 January last, yet it does not know its liabilities or assets. I believe that in not knowing its own financial situation it is trading fraudulently.

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