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

Dick Roche: I move amendment No. 35: In page 114, line 38, to delete "subsection (1)" and substitute "subsection (2)".

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

Dick Roche: I move amendment No. 36: In page 115, line 37, to delete "section 36(10)" and substitute "section 36(18)". This is a technical drafting amendment to correct a cross-referencing error. Section 36 was significantly and very positively redrafted on Committee Stage to stipulate that the making of strategic water services plans should be a reserved function rather than an executive function. We...

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

Dick Roche: I move amendment No. 37: In page 119, line 27, to delete "hardship," and substitute "hardship or quality of water supplied,". This amendment inserts an additional provision into the existing text of section 105(4)(a) to enable a water charge, or part of a water charge, to be waived where there is a problem with the quality of water supplied. This is certainly very topical at present because...

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

Dick Roche: I move amendment No. 38: In page 122, to delete lines 30 to 39.

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

Dick Roche: I move amendment No. 39: In page 128, to delete lines 1 to 11 and substitute the following: "(i) related ancillary and incidental matters.".".

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

Dick Roche: I move amendment No. 40: In page 133, to delete lines 35 and 36 and substitute "Environmental Protection Agency Acts 1992 to 2007".

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

Dick Roche: I move amendment No. 41: In page 134, to delete line 7 and substitute "Local Government Acts 1925 to 2007".

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

Dick Roche: I move amendment No. 42: In page 134, to delete lines 15 and 16 and substitute "Local Government (Water Pollution) Acts 1977 to 2007".

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

Dick Roche: I move amendment No. 43: In page 134, to delete line 18 and substitute "Planning and Development Acts 2000 to 2007".

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

Dick Roche: I move amendment No. 44: In page 136, between lines 18 and 19, to insert the following: " 48 and 49 Vic., c. 34 Water Rate Definition Act 1885 The whole Act ". This amendment repeals the Water Rates Definition Act 1885. The purpose of the 1885 Act is to provide clarification on the basis for assessment of water rates under the Waterworks Clauses Act 1847. As the 1847 Act is repealed in...

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

Dick Roche: I thank Deputies for their constructive contributions. This is a significantly better Bill than the one that was introduced because I have listened to each and every one of the points made. It is radical because for the first time the Bill establishes the Minister as the national authority for regulating the water sector — incredibly there was no central authority until the enactment of...

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 (25 Apr 2007)

Dick Roche: I thank Members for a series of wide-ranging and important contributions. If Deputy Crawford provides me with details of his concerns regarding the case to which he referred, I will have them examined. Deputies Connolly and Crawford raised the fundamental issue of information. I introduced regulations in early March which, as a result of complaints made in the past, require local...

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

Dick Roche: On this specific point, I accept amendment No. 6 recognises a practical difficulty exists. I also accept the point the Deputy made previously that the conventional script "in so far as is practicable" can be used. However, they are slightly "weasel words" because they lead us to difficulties. I gave this consideration and it was not that my contribution here was short. We discussed this at...

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

Dick Roche: Not if the house is already there.

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

Dick Roche: A huge number of houses have private water supplies.

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

Dick Roche: If the Chair wishes I will not answer the question.

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