Results 13,121-13,140 of 13,339 for speaker:Pat Gallagher

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.

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

Pat Gallagher: I will deal with the amendments and then confirm the position regarding domestic water charges. The common thread running through these amendments is that they propose to introduce provisions relating to water charges in the Bill. This is not appropriate or necessary. The Water Services Bill is designed primarily to regulate the delivery and supervision of water services and to enable...

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

Pat Gallagher: I have reviewed this section with my officials and I agree the proposed amendment adds clarity to the intention of the section. Therefore, I am happy to accept it. On the further question raised by Senator Bannon, I state unambiguously that the Government's position on water charges has not been changed by this Bill. The Bill makes no provision whatsoever for water charges. The Local...

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

Pat Gallagher: I confirm that and state emphatically and unambiguously that this is not part of the Government's or the Minister's agenda. A review of all aspects of local government funding is currently under way and I do not intend to tie the hands of those who are carrying it out. It would not be appropriate for me to engage in speculation on the outcome of the review. There is no point in ordering a...

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

Pat Gallagher: This amendment deals with section 6 of the Bill, which enables the Minister, the Water Services Authority or other person prescribed for the purpose of his functions under this Bill to serve notice on specified persons requiring them to provide information. The amendment to section 6(1) is necessary to ensure the obligations to provide information apply equally to all, not just water service...

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

Pat Gallagher: The purpose of this amendment is to enable regulations to be made dealing with the provision of information under the Bill by electronic means. For example, in the matter of licensing applications or appeals, data on monitoring or strategic water services plans, it will enable procedures under the Act to be kept abreast of ongoing developments in technology. The detailed provisions are based...