Results 12,881-12,900 of 13,224 for speaker:Pat Gallagher

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: As I pointed out when we debated this matter on Committee Stage, the amendment purports to remove any possibility that another provision in this Bill or another enactment might provide for a change in the status quo established under section 46 and enable alternative consultation requirements to apply. The amendment is not considered appropriate. On the contrary, it is considered reasonable...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: Senator Bannon is correct that I indicated on Committee Stage that I would consider this amendment and seek advice on it and I have done so. I reviewed the amendment on the assumption that it would be re-tabled but I point out to the House that if the amendment was accepted, the wording of the section would state "so as to require the Minister to consult with any Minister of the Government...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The purpose of section 50, to which amendment No. 18 refers, is to enable a water services authority to enter into an agreement with any person to provide water services infrastructure with a view to that person subsequently transferring ownership of it to the water services authority. The agreement referred to does not relate directly to the discharge of its functions per se by a water...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I understand the principle behind the amendment and the case being made by Senator Bannon, but I wish to outline the reasons I cannot accept it. We had a long discussion on this amendment on Committee Stage and while peripheral issues were raised at that time, I understand the substantial issue has been dealt with fully. I reiterate my view that the insertion of a provision restricting...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: While Senator Bannon did not intend it, the words "cronyism" and "corruption" — I am not sure if "nepotism" was used — are sweeping. It is important that no impropriety arises out of the public procurement process. I have always recognised the importance of the private sector as the driving force in the economy. If allegations are made about the process, they should be substantiated. All...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The provision in subsection 7, which is based on the existing provisions for trade effluent licensing under the Local Government (Water Pollution) Act 1977 and will be consolidated into this Bill, is intended to weed out old dormant licences and ensure that all licences are relevant and current. It is possible that a particular operation may be legitimately licensed for occasional, sporadic...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: We are not looking over our shoulder. We are very realistic and aware that there is legislation elsewhere which might be helpful in drafting our legislation. We have drawn a line in the sand and are consolidating legislation in a Bill of some 100 sections. I made it clear last week that if some legislation were to turn up, even going back as far as 1250, we would draw a line in the sand. To...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: This is merely a drafting amendment to correct a minor error.

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: Senator Bannon is right. We discussed this on Committee Stage in conjunction with a Government amendment to give greater flexibility to An Bord Pleanála in dealing with appeals regarding trade effluent licensing under section 63. The revised provision in subsection (2), as amended on Committee Stage, now enables the board either to allow or refuse an appeal altogether or, alternatively,...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I reiterate my position as outlined on Committee Stage. If we were to accept these amendments they would place an unreasonable obligation on the owner of a premises to ensure that the actions of a tenant would conform with the requirements under section 70 which deal with the general duties of an owner or an occupier. This would mean that if the tenant were responsible for any damage, an...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The intention of section 72 is to give water services providers adequate powers to install meters and to have access to them subsequently for maintenance or taking readings. It is based generally on existing provisions in section 68 of the Public Health (Ireland) Act 1878 and section 14 of the Waterworks Clauses Act 1863, which have been repealed and consolidated in this Bill. Such a...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I do not mean it as a pun but the Senator's argument does not hold much water.

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: Few of us could put a hand on our hearts and say we are perfect.

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: It did not surprise me that the Senator deviated to other issues. I was not expecting this amendment as I thought I had explained the matter fully on Committee Stage. I thought the Senator had accepted my assurance during the debate that the proposed additional provision is unnecessary as the provision is already included in the relevant legislation governing the appointment of arbitrators....

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The purpose of section 99 is to ensure the Water Services Act is not at any stage an impediment to the implementation of responses to situations of an emergency nature affecting the national interest. Such provision may be needed from time to time, for example, in situations such as arose during the foot and mouth disease crisis some years ago, when statutory obligations to carry out certain...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The Minister will not have the powers but will have the responsibility to bring an order before the Houses. However, it will be a matter for the Houses to decide whether to accept it. Even in exceptional circumstances — foot and mouth disease is a practical example — and even if the Oireachtas were not sitting, it would be a matter of recalling the Dáil and Seanad so the decision would...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The Bill deals with all water services, not just group water schemes and legislation that has been enacted since their introduction.

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: Amendment No. 1 is merely a technical amendment to correct a typographical error.

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: This was raised by Senator Bannon on Committee Stage and I indicated that I would be prepared to accept this amendment. In proposing it, I acknowledge that the amendment adds clarity to the intention of section 6 and I thank Senator Bannon for his contribution.

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I indicated on Committee Stage that I would be prepared to accept this amendment, which had been put forward by Senator Bannon. In proposing it, I accept that the revised wording is an improvement on the existing text and I am happy to take it on board.