Results 13,001-13,020 of 13,339 for speaker:Pat Gallagher

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.

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

Pat Gallagher: There are a number of situations where an offence which is being committed may not come to light for some time. For example, the damage caused by a breach of a duty of care regarding a discharge or damage caused to a pipe during building works may not be apparent until some time after a related offence was committed. In the circumstances, it is considered appropriate and necessary to provide...

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

Pat Gallagher: The purpose of subsection (3) is to remove any doubt about the power of the Minister to amend or revoke a scheme of financial assistance. It is unnecessary to insert such a provision regarding the amendment or revocation of regulations, as the necessary powers for that purpose are already provided for under section 15(3) of the Interpretation Act 1937. Section 17(1) provides for the making of...

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

Pat Gallagher: Senator McCarthy is quite right to say that we debated this at length on Committee Stage. Many of us may not check our e-mail on an absolutely hourly basis, but a hard copy will go out too. I could accept the point made by Senator McCarthy if a hard copy were not being sent out to those who would receive their correspondence via electronic mail. However, in the circumstances, it is difficult...

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

Pat Gallagher: The purpose of section 27 is to provide for the transfer of functions from a water services authority to the Minister or other prescribed body, or from the Minister to a water services authority or prescribed body as required. It is not intended that the level of democratic accountability for any transferred function should be diminished. Subsection (1) provides for the authorisation of such...

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

Pat Gallagher: There was a long debate on this issue on Committee Stage during which I outlined clearly that the Bill does not deal with water charges, nor is it a vehicle to introduce charges at some later date. Water charges are provided for separately under other primary legislation, namely, the Local Government (Financial Provisions) Act 1997, which precludes charges for domestic water services. Even if...