Results 6,461-6,480 of 7,278 for speaker:Dick Roche

Water Services Bill 2003 [Seanad]: Report Stage (25 Apr 2007)

Dick Roche: No, it cannot. Section 40(7) provides that, notwithstanding the contracting out of the service to a third party, the contracting water services authority will retain responsibility for ensuring that it complies with all statutory requirements. There will be no danger in a DBO process of any slippage. The asset, which is the water and the system, will remain with the water services...

Water Services Bill 2003 [Seanad]: Report Stage (25 Apr 2007)

Dick Roche: This is a very important point and the answer is that it will be owned by the water authority. Water is extracted under abstraction orders and those provide ownership of an abstraction right to the local authority. The Deputy brought up that point previously and I am sorry that I did not answer it. He raises a very important point, which has been dealt with.

Electoral (Amendment) (No. 2) Bill 2007: Second Stage (Resumed) (25 Apr 2007)

Dick Roche: That is a record; the Deputy got it in first.

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I thank the Deputy for his remarks. Given that water charges are specifically prohibited in this State under the 1997 Act and will be prohibited under section 105(1) of this legislation, it seems to me that a third prohibition is probably unnecessary. Section 105(1) of the Bill before the House, which was inserted on Committee Stage, explicitly prohibits charging for domestic supplies and...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I will remind Deputy Morgan of what section 105(1) of the Bill states: 105.—(1) A water services authority shall not charge for water supplied to or discharged by— (a) a household, which is used by that household for domestic purposes, or (b) a person, other than another water services authority, providing water services to a household for domestic purposes. It could not be clearer. The...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: The imposition of water charges on domestic consumers is specifically prohibited by section 105(1). The 1997 Act also specifically prohibits the imposition of such charges on domestic consumers. Ireland is probably the only country in the world that has two separate statutory enactments prohibiting the imposition of charges on domestic consumers. I do not think it would make any sense to...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I move amendment No. 8: In page 20, line 40, to delete "subsection (1) or (2)" and substitute "subsection (2), (3) or (4)". This technical amendment intends to correct a cross-reference in section 8(5) so that it refers to the appropriate penalty provision in the section. It arises from the insertion on Committee Stage of additional subsections earlier in section 8.

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: This amendment, as well as ensuring that action is concentrated nearer the time of the offence might also have the unintended effect of making the prosecution of such offences more onerous. The advice obtained from the Office of the Attorney General indicates that five years is a standard provision which applies, for example, in the waste management and environmental protection codes. I do...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I will oppose this amendment because it gives criminals a way out, even if that is not the Deputy's intention. We should make it as clear in this Bill as we have in other environmental legislation that people who commit environmental crimes will be brought to court and punished with severe penalties. I am surprised that Deputy Durkan is pressing the amendment and ask him to withdraw it. I...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I move amendment No. 10: In page 24, to delete lines 33 to 38. These amendments delete identical provisions inserted on Committee Stage to enable the Environmental Protection Agency Act 1992 and the Local Government Water Pollution Act 1977 to be used as the basis for regulations to transpose EU directives on related matters. In the absence of such a provision, any treaty or Act of the EU...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: We discussed this issue on Committee Stage, following which I gave some thought to the contributions made by Deputy Gilmore. With regard to electronic mail, paragraph (f) already provides that a notice must be served by one of the more traditional methods provided for in the earlier paragraphs of section 19. Service of the notice by electronic mail is effectively an additional method rather...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I move amendment No. 12: In page 25, line 24, to delete "the "person in charge"" and substitute ""the person in charge"". This is a technical amendment to correct a typographical error discovered on Committee Stage.

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I move amendment No. 16: In page 38, to delete lines 30 to 33 and substitute the following: "(9) The obligation on a water services authority to comply with a request from the Minister under subsection (7) shall not apply where the water services in question cannot be provided due to climatic conditions or other circumstances beyond the reasonable control of the water services authority.". I...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I move amendment No. 17: In page 38, between lines 39 and 40, to insert the following: "(12) (a) Notwithstanding any provision of this or any other enactment, a water services authority shall not enter into any agreement or arrangement with another person, other than with a group water services scheme or another water services authority, for the provision of water services jointly with or on...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I move amendment No. 18: In page 39, line 6, to delete "water services authorities," and substitute "water services authorities". These are technical drafting amendments to correct certain textual errors.

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I move amendment No. 19: In page 57, line 18, to delete "Part 7" and substitute "Part 7 or 8". The purpose of this essentially technical amendment is to amend the cross-reference to Part 7 in section 42(11)(b) to include a reference to Part 8 as well. It arises from the insertion of a new section 97 into Part 8 on Committee Stage. That provides for the powers of the water services authority...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: We carefully considered amendment No. 20 in particular, which could have a very dangerous, unforeseen and unintended consequence. It would allow the owners of service connections to charge users for their upkeep, albeit in direct proportion to the level of use. That would effectively amount to a charter for water charges for all consumers, domestic and non-domestic, which I know certainly...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I do not wish to be obstructive at all, but any sum that is lawfully due is recoverable from a debtor. If that person is the owner of any premises, whether domestic or non-domestic, it is reasonable to place a charge on it for the recovery of the debt in due course when the premises are sold. That is standard civil and commercial practice. There is no case for limiting its application...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I cannot accept these amendments, which we discussed previously. Section 54(1) and (2) place a duty on the owner of a premises to maintain the internal water distribution system of the premises in good repair and in such condition as to ensure that drinking water meets subscribed quality requirements at the taps used for the purpose. The owner is also required to ensure that all taps...

Water Services Bill 2003 [Seanad]: Report Stage (Resumed) and Final Stage (25 Apr 2007)

Dick Roche: I move amendment No. 26: In page 80, line 35, after "subsection (1)," to insert the following: "fails to comply with a requirement applied by regulations under subsection (14),". The purpose of these two linked amendments is to enable the Minister to make regulations to add specified classes of domestic discharges or storm water to subsection (1) for the purpose of applying the licensing...