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

James Bannon: I am a little confused by the Minister's reply. For a moment I thought he was taking the amendment on board regarding the conservation of water, which should be in subsections (3) and (4). Regarding amendment No. 75, the Minister referred to the water services authority, as he proposes to call the new body. It will be cut off from the local authority in the event of the privatisation of the...

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

James Bannon: Over the years we understood that local authorities were responsible for some eight to ten programmes, namely housing, roads, environmental issues etc. However, following its establishment, the National Roads Authority took a great deal of the powers away from the local authorities in respect of national primary and secondary routes. Now we are setting up the water services authority. This...

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

James Bannon: Over the years when small group water schemes were constructed by local committees to keep down the costs and to counteract the risk of major disruption to country roads, wayleaves were signed crossing lands etc., by the land owners. People had a right to cross those lands. If they needed to cross them to carry out repairs permission was given by means of the wayleave. Are these agreements...

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

James Bannon: The Minister of State is jumping the gun when he states the two amendments cover the same ground. Perhaps he will clarify who is responsible for damage caused to a mains. Will it be those working in the vicinity of such mains? Will the owners of the scheme, be it a local authority or private group sewerage or water scheme, be responsible for repairs even though they were not directly involved...

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

James Bannon: I have been involved in a number of group water schemes down through the years and many of those with whom I worked on such schemes have now passed on. It is difficult to get people to put their names forward as trustees of a scheme given the implications involved. We need to introduce regulations in this area. Once a service is set up, nobody is willing to take on responsibility for its...

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

James Bannon: I move amendment No. 83: In page 49, lines 7 and 8, to delete "Unless otherwise provided for in this Act or in any other enactment, no" and substitute "No". Legislation is supposed to bring clarity to certain matters. Section 46, as drafted, does not do so. It states on the one hand that the section means one thing and, on the other, states that it means something else. It goes without saying...

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

James Bannon: In this amendment, I ask the Minister of State to delete the words "Unless otherwise provided for in this Act or in any other enactment". It is a conditional statement. There is no great clarity in this section as it stands. Perhaps the Minister will consider examining it again.

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

James Bannon: I move amendment No. 84: In page 49, subsection (2), line 26, after "Act" to insert "but not for the purpose of imposing a charge on an end user". The amendment allows for meters to be used to measure water usage. I do not want section 47 to be a vehicle for the introduction of water charges. When we debated the Bill previously, I stated that I thought it would be used for that purpose.

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

James Bannon: I move amendment No. 86: In page 50, lines 11 and 12, to delete all words from and including "that" in line 11 down to and including "functions" in line 12. Section 48 provides for ministerial discretion, which I would have considered to be imperative in every power. Why does this section expressly provide for ministerial discretion? Should I presume that the Minister's other powers under...

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

James Bannon: I move amendment No. 90: In page 50, subsection (1), line 34, after "agreement" to insert "in relation to the discharge of its functions under this Act". We need to limit the scope of the agreements into which a water services authority can enter. I propose that an authority may enter into agreements only if they relate to the discharge of its functions under the Act. Perhaps the Minister of...

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

James Bannon: I move amendment No. 91: In page 50, subsection (2), line 36 after "person" to insert ", for a fixed charge". We are all familiar with the spiralling costs of the large and small contracts into which the Government has entered, at the expense of the taxpayer. Perhaps fewer contracts will be entered into now that there have been such changes in local authority personnel. We will scrutinise...

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

James Bannon: Local authorities controlled by the Labour Party, Fine Gael and the Green Party will be more vigilant.

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

James Bannon: We will be more careful in how we use taxpayers money because, after all, people pay for the services. It is important that we act as custodians of taxpayers money.

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

James Bannon: I propose that we stipulate that all contracts entered into by water services authorities should be fixed price contracts. We know from our experience of cronyism that contracts that were agreed went three times beyond what the agreement was on the day. That is something we have to guard against and I hope the Minister of State will accept the amendment.

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

James Bannon: With regard to what the Minister said, it is important that some mechanism be devised whereby the list of tenders for a particular job is published in the county manager's orders. As Senator McCarthy said, there should be a tenders committee and the three or four members on that committee should initial the outside of the envelope and the documents, which would then be passed on. That would...

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

James Bannon: The Minister of State refers to the provision of water services. However, I detect in his contribution that this may be a channel to reintroduce water charges. Does a water service cover the supply of water or the connection to a mains? Will that involve a group taking responsibility? Will the Minister of State elaborate if this is really a water charge?

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

James Bannon: Is the domestic water charge excluded in this?

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

James Bannon: Recently, there has been much talk of the EU imposing a regulation in this area on the Minister for the Environment, Heritage and Local Government. Does this amendment provide a vehicle for charging for domestic water supply?

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

James Bannon: The Minister of State is incorrect in claiming there are no water charges. There are water charges for business and agricultural connections.

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

James Bannon: I would like clarity regarding service connection. From time to time throughout the country service connections are made on a temporary basis to provide a supply to a new house, for example, until such time as a mains passes the house, a group water scheme is established or the local authority mains supply is extended. Service connection is something that is fairly loosely applied in many...

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