Results 13,001-13,020 of 13,224 for speaker:Pat Gallagher

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: It is not a word peculiar to Donegal.

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: This is a technical amendment to facilitate the smooth operation of the process for serving notices. As previously worded, a notice may only be served by one of the methods provided for in section 19(1), paragraphs (a) to (f). This restriction could conflict with the proviso in paragraph (f) which requires a notice to be served by supplementary means to verify service of a notice by facsimile...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: Senator McCarthy's amendment would delete paragraph (f), which provides for e-mail or facsimile transmission of notices. It is difficult to accept the proposition that significant modern legislation, designed to place 1878 legislation — old 19th century legislation from the time of Queen Victoria — on a 21st century footing should intentionally exclude provision for the service of notices...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: The purpose of this amendment to subsection (2)(b) is to broaden the scope of application of the power to halt a vehicle to include circumstances where there are reasonable grounds for believing that an offence is being or is about to be committed. For example, such an offence could occur if a bulk tanker illegally discharged its load into a sewer through a roadside manhole. It may not always...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: Section 22 provides generally for the powers of authorised persons. This amendment specifically provides authority to enter premises for the purposes of performing any function under the Act in addition to obtaining information. It is considered that the existing wording of section 22(2)(c) was cast too narrowly in the first instance as it provided only for obtaining information. It did not...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: Section 22(5) sets out in detail the powers of authorised persons on entering premises or boarding a vehicle, including at section 22(5)(i) provision for powers to carry out repairs. The purpose of this amendment is to enable an authorised person also to carry out other such remedial works as may be considered necessary to make good any damage to the surrounding area which may in itself be...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: To avoid doubt, this amendment expands the scope of the original section 22(5)(k) to enable the powers of authorised persons, for the purposes of investigating the connection of and ascertaining the course of pipes, to be applied to distribution systems, water mains and related accessories. The amendment arises from previous amendments to clarify references to various types of pipes under...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: As currently worded section 22(6)(a), which enables an authorised person to direct the owner or occupier of premises to take corrective measures to remove a risk to human health or the environment, could be interpreted as applying only to water services providers regarding the water services activity carried out by them. This is not the intention of this subsection, which is intended to apply...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: This is a technical amendment to correct a typographical error.

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: Section 27 provides 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 anticipates, for example, possible changes as arrangements are developed for implementation of the EU water framework directive. Such provision is desirable to leave flexibility for the...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: I appreciate the point the Senator made about waste management. The powers were transferred as a result of legislation enacted by the Oireachtas. If this or a future Government were to contemplate privatisation of water schemes, it would not rely on this Bill which features nothing to give power to a Minister in this regard. The enactment of further legislation would be absolutely necessary....

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: Section 27 provides for the transfer of functions conferred under this Bill. The legislation does not provide for any power to raise water charges. Such powers are provided separately under existing local government financial provisions legislation which I referred to earlier. In the circumstances, the insertion of the proposed words would be superfluous given that the function referred to is...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: This amendment to section 30(1)(b) provides that the Minister shall have overall responsibility inter alia for the planning and supervision of investment programmes for the provision of water services. The amendment is necessary because as currently drafted, the wording of paragraph (b) could be interpreted so as to involve the Minister in day to day supervision of works projects including...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: This amendment is tabled to avoid doubt and to prevent paragraph i (viii) being interpreted as enabling the Minister to direct a water services authority to provide water services to specific individuals. Section 30(4) sets out in detail the functions of the Minister under the Bill, which include under paragraph i (viii) power to direct a water services authority on the general performance of...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: Section 30 places overall responsibility with the Minister to facilitate the provision of safe and efficient water services and associated water services infrastructure, and provides for the necessary associated powers. Subsection (4) sets out a broad menu of powers which may be exercised by the Minister in the course of exercising his or her functions under this Bill. These include inter...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: As the Petty Sessions (Ireland) Act 1851 is mentioned only once in section 9 of the Bill, I am pleased to accept amendments Nos. 1 and 32.

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: This is a technical amendment to correct a clerical error. There is no reference to the Local Government (Financial Provisions) Act 1997 in the Bill.

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: While there are many amendments here, a thread runs through them. They form a package of technical measures designed to make the legislation operate more efficiently. After the publication of the Bill, departmental officials consulted widely on it, as the Minister indicated on Second Stage, particularly with local authority engineers. We are, therefore, making changes of an engineering...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: This is a technical amendment to remove unnecessary duplication arising from the inclusion of "horticulture" in the earlier definition of "agriculture" in section 2.

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: I thank Senator Bannon for tabling the amendments and Senator Brady for supporting them. Having revisited sections 3 and 8, I accept that the revised wording is an improvement on the existing text. I will, therefore, take on board the amendments and thank the Senator for bringing the matter to our attention.