Stephen Donnelly (Wicklow, Independent) | Oireachtas source

The amendment relates to section 8 and seeks to delete subsection (4)(a)(i). This part of the Bill states that for a citizen to avail of the dispute resolution mechanism, he or she must be a customer of Irish Water. This, therefore, is a very sensible amendment. Deputy John Lyons asked the Chamber for an example of a person who might not be a customer but who should be able to avail of the dispute resolution mechanism. I will give one.

I live in Greystones and Irish Water recently accidentally increased water pressure in a housing estate there. Pipes burst and houses were destroyed as a consequence. Many of the people affected are not and have no intention of becoming customers of Irish Water. As its actions caused this trouble, the question is: should people who are not registered with Irish Water but who have been directly affected by its actions have access to a dispute resolution mechanism if it refuses to take responsibility? We do not know that this is the approach Irish Water will take, but the effect of the proposed amendment to section 8 would be to allow citizens in these circumstances to escalate matters to an independent arbiter, the Commission for Energy Regulation, CER. I suggest I have given a live example from the town in which I live of the usefulness of the amendment. There is a straightforward, non-political case for allowing non-customers of Irish Water access to the dispute resolution mechanism. The Minister should, therefore, consider accepting the amendment.

On section 8(4)(a)(iii), the Bill sets out that a customer, or, ideally, as we have just discussed, a citizen, will have access to the dispute resolution mechanism having exhausted any mechanism provided by Irish Water. I urge caution. It is possible that in the future Irish Water could put in place all manner of mechanisms to allow it to argue that it is in the middle of investigating complaints using internal processes, thus denying customers access to the independent arbiter, the CER. The Minister should examine this issue and the section might be amended on Report Stage. Perhaps it is as simple as changing the wording to say the customer has exhausted all reasonable dispute mechanisms provided by Irish Water because it is possible, based on a strict reading of the Bill, as it stands, Irish Water could avoid independent arbitration by stating a complaint is still within its own system. The company could keep the process tipping along for months and months and rectifying this could be as simple as adding the word "reasonable".

To conclude on subsection (4)(a)(i), it is clear that citizens who are not registered customers will need access to the dispute resolution mechanism; therefore, the Minister should consider accepting the amendment.

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