Barry Cowen (Laois-Offaly, Fianna Fail) | Oireachtas source

In the context of the section, can the Minister comment on litigation claims that may exist against Irish Water on the part of people who feel aggrieved in the case of, for example, flooding? Insurance may not have been taken out on the property but it can be argued that the cause was that the defence was not sufficient because of the manner in which treatment systems were maintained. This may apply to local authorities or to Irish Water if it happened since the legislation giving effect to the transfer of network assets from local authorities to Irish Water. I am aware of instances where such cases exist and I am conscious of the fact Irish Water has initiated legal proceedings to defend itself against the claims, which may proved to be correct in the absence of the court adjudicating.

In this section, I note it is proposed the CER may become the arbitrator in such cases. Can the Minister confirm that this can be retrospective in so far as the thrust of the legislation was something the Minister's predecessor would have preferred to bring to the House 18 months ago rather than what he now finds necessary to do in light of the public backlash? This is a technical issue that needs to be clarified. Will the Minister stand aside and allow existing cases to proceed whereby CER might have a legal obligation to adjudicate? The same upgrading and maintenance of plants continues. In the event of a similar situation this winter, the same claims may be made. It is incumbent on the Minister to instruct the CER to act as arbitrator, similar to the role of an ombudsman, as previous Deputies mentioned.

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