Results 12,961-12,980 of 13,224 for speaker:Pat Gallagher

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: Section 62 enables the water services authority to test for nuisances in drains and sewers and requires remedial action to be taken, if appropriate. Arising from the series of amendments to section 2 to streamline and clarify the distinction between drains, sewers and service connections, many of the provisions in section 62 in regard to drains have been incorporated into the revised section...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: The purpose of the amendment is to avoid frustration of the application of section 62(1). It expands the scope of paragraph (b)(iii) to provide for the testing of a sewer not alone where a water services authority has grounds to believe it may permit the infiltration of water but also where it considers it might permit waste water to leak out. The expansion of the scope of the paragraph is...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: Section 63(7) provides that where a trade effluent discharge authorised by a licence has not been made for three years, the licence shall cease to have effect. The provision, which is based on the existing provisions for trade effluent licensing under the Local Government (Water Pollution) Act 1977, which are being consolidated into the Bill, is intended to weed out dormant licences and...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: This is a technical amendment to correct a cross-referencing error. Review of a trade effluent discharge licence is provided for under section 65 rather than this subsection of section 63.

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: This is a technical amendment to ensure consistency with similar provisions elsewhere in the Bill.

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: The purpose of the amendment is to provide additional grounds under which a water services authority may review a trade effluent discharge licence issued under section 63. In addition to the existing grounds, it will enable a review to be carried out at the discretion of a water services authority in two further circumstances: where the capacity of the relevant waste water treatment plant...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: These amendments replace reference in section 66(1) to "The occupier of a premises" with reference to a person causing a discharge. Their purpose is to identify more precisely who may make an appeal under this section in regard to a decision on a trade effluent discharge licence. Section 66 provides for appeal of decisions on licence applications or licence reviews under sections 63 and 65....

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: The purpose of this amendment is to clarify the powers of An Bord Pleanála in dealing with an appeal under section 66 relating to a trade effluent discharge licence and to give it additional powers of direction for this purpose. The current wording of subsection (2) is based on the provision in section 20 of the Local Government (Water Pollution) Act 1977, as amended by section 15 of the...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: The purpose of amendment No. 169, which inserts a new section, section 102, is to bring together the provisions of the Bill and the Local Government (Water Pollution) Acts which deal with the determination of fees for appeals to An Bord Pleanála and to align with provisions for appeals to the board under the planning code. It will facilitate the application of uniform procedures by the board...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: This is an incidental technical amendment.

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: Amendment No. 75 replaces the existing section 43 with an expanded version incorporating drains and distribution systems in addition to service connections and also providing for taking in charge such connections. It arises in the light of the revised definitions of "drain", "distribution system" and "service connection" in section 2. The purpose of expanding the scope of the existing...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: Senator Bannon is correct in his observation that the original wording of subsection (3), while providing some examples of the purpose for which the obligation to keep pipes in good order and repair should apply, failed to make reference to water conservation. We have re-examined that provision in the course of the overall review of the section and, on reflection, it is considered best to...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: Senator Bannon is correct that I originally indicated my acceptance of amendment No. 76 but my amendment No. 75 offers an alternative approach to achieve the same purpose. Regarding privatisation, the water services authority is not a new body, rather it is a new name for the existing sanitary authorities. I had expected some Members to allude to privatisation, as was the case during the...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: I should explain the background to these amendments. Section 44 enables water services authorities, on request, to carry out repairs to service connections to which the owner does not have ready access because they cross neighbouring land. At present scope is confined to repairing connections. In certain circumstances, therefore, it may be open to being interpreted as not providing for...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: The Bill contains provisions on way-leaves. Amendments Nos. 78 and 79 to this section are somewhat different. There is no change to existing way-leaves. We want to ensure that in addition to repair work, renewal of service connections can be carried out. Previous legislation provides for repair of service connections only. However, there is a clear distinction between repair and renewal....

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: This amendment is necessary to broaden the application of section 45. Its effects will be to ensure that liability for damage to a pipe will apply whether caused directly or indirectly. Under the provision, as currently worded, it may not be possible to successfully prosecute a person who was engaged in construction work in the vicinity of a pipe owned by a water services authority and whose...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: The person or company who causes the damage shall be responsible for the repairs. Senator Bannon is correct when he states that many of the group water schemes were established some years ago. Where trustees pass on or retire, new trustees can be appointed. In short, the person responsible for the damage shall be the person or company who causes it.

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: The Bill makes provision for the replacement of trustees. We are all aware, having spent time on local authorities, that many group water schemes were anxious for various councils to take over such schemes. Many councils took over group water schemes which met the required standards. I realise it is difficult to find people willing to do the work and that this, in turn, is somewhat unfair to...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: Section 46 updates sections 281 and 282 of the Public Health (Ireland) Act 1878 which requires, inter alia, sanitary authorities to obtain prior approval from public authorities before undertaking work in their functional areas. To avoid disturbing the status quo between water services authorities, now sanitary authorities, and other public authorities, the Bill accordingly provides that...

Seanad: Water Services Bill 2003: Committee Stage (Resumed). (29 Jun 2004)

Pat Gallagher: The amendment is considered unnecessary because the administrative exercise in question is unnecessary. The provision is a standard one that is found in many Acts.