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Written Answers — Water and Sewerage Schemes: Water and Sewerage Schemes (25 Apr 2007)

Dick Roche: I recently approved Galway County Council's proposal to invite tenders for Stage 2 of the Tuam Town Drainage Scheme which is being funded under my Department's Water Services Investment Programme 2005-2007. The scheme, as approved, does not provide for the wastewater collection network being extended to the Bermingham Road. However, I understand that Galway County Council has such an...

Written Answers — Departmental Correspondence: Departmental Correspondence (25 Apr 2007)

Dick Roche: Following receipt of the papers referred to in the Question, a number of queries were raised by the Chief State Solicitor's Office. My Department is seeking to progress the clarification of these as quickly as possible.

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...

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

Dick Roche: I move amendment No. 27: In page 81, to delete lines 3 to 5 and substitute the following: "(14) (a) The Minister may by regulations— (i) apply the requirements of paragraph (a) of subsection (1) to such class or classes of domestic waste water or storm water, or (ii) exempt from paragraph (a) of subsection (1) such class or classes of discharge, as he or she considers appropriate in the...

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

Dick Roche: Metering is a central element of every water conservation programme. I listened recently to the president of the National Federation of Group Water Schemes talking at length about the value of metering and the astonishing impact of putting in meters just to make sure water is not being wasted. Metering is a prudent provision because it helps to pin down leakage and stem wastage, and is an...

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

Dick Roche: I move amendment No. 32: In page 107, line 44, to delete "subsection (8)" and substitute "subsection (9)". This amendment is to correct a cross-referencing error.

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

Dick Roche: I move amendment No. 33: In page 111, line 8, to delete "water service authority" and substitute "water services authority".

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

Dick Roche: I move amendment No. 34: In page 114, line 31, to delete "subsection (1)" and substitute "subsection (2)". Both amendments are technical and correct cross-referencing errors.

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