Results 12,941-12,960 of 13,270 for speaker:Pat Gallagher

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The purpose of section 99 is to ensure the Water Services Act is not at any stage an impediment to the implementation of responses to situations of an emergency nature affecting the national interest. Such provision may be needed from time to time, for example, in situations such as arose during the foot and mouth disease crisis some years ago, when statutory obligations to carry out certain...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The Minister will not have the powers but will have the responsibility to bring an order before the Houses. However, it will be a matter for the Houses to decide whether to accept it. Even in exceptional circumstances — foot and mouth disease is a practical example — and even if the Oireachtas were not sitting, it would be a matter of recalling the Dáil and Seanad so the decision would...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The Bill deals with all water services, not just group water schemes and legislation that has been enacted since their introduction.

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: Amendment No. 1 is merely a technical amendment to correct a typographical error.

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: This was raised by Senator Bannon on Committee Stage and I indicated that I would be prepared to accept this amendment. In proposing it, I acknowledge that the amendment adds clarity to the intention of section 6 and I thank Senator Bannon for his contribution.

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I indicated on Committee Stage that I would be prepared to accept this amendment, which had been put forward by Senator Bannon. In proposing it, I accept that the revised wording is an improvement on the existing text and I am happy to take it on board.

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: There are a number of situations where an offence which is being committed may not come to light for some time. For example, the damage caused by a breach of a duty of care regarding a discharge or damage caused to a pipe during building works may not be apparent until some time after a related offence was committed. In the circumstances, it is considered appropriate and necessary to provide...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The purpose of subsection (3) is to remove any doubt about the power of the Minister to amend or revoke a scheme of financial assistance. It is unnecessary to insert such a provision regarding the amendment or revocation of regulations, as the necessary powers for that purpose are already provided for under section 15(3) of the Interpretation Act 1937. Section 17(1) provides for the making of...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: Senator McCarthy is quite right to say that we debated this at length on Committee Stage. Many of us may not check our e-mail on an absolutely hourly basis, but a hard copy will go out too. I could accept the point made by Senator McCarthy if a hard copy were not being sent out to those who would receive their correspondence via electronic mail. However, in the circumstances, it is difficult...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The purpose of section 27 is to provide 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 is not intended that the level of democratic accountability for any transferred function should be diminished. Subsection (1) provides for the authorisation of such...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: There was a long debate on this issue on Committee Stage during which I outlined clearly that the Bill does not deal with water charges, nor is it a vehicle to introduce charges at some later date. Water charges are provided for separately under other primary legislation, namely, the Local Government (Financial Provisions) Act 1997, which precludes charges for domestic water services. Even if...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The common thread running through these amendments is that they are based on the misconception that the Bill either does or should contain provisions on water charges. As this issue arose on several occasions during the Committee Stage debate and again this morning I thought the matter had been comprehensively dealt with. However, I will reiterate the position. The Bill is primarily designed...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I promised on Committee Stage to consider technical and drafting amendments put forward by Senators regarding the deletion of section 31(19) and its substitution by way of a new section later in the Bill in order to avoid non-textual amendment of the 1885 Act. The suggested amendments are in keeping with current drafting practice and I am happy to take them on board. However, for...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The Senator will appreciate, from his experience in the House, that it is not possible for me to accept both amendments. I am including the spirit of his amendment in the new text.

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

Pat Gallagher: I am somewhat confused and I ask the Senator to clarify his question. No charges will be imposed on non-domestic users. Perhaps the Senator is referring to works or maintenance to be carried out. I do not understand his question. If he repeats it, I will try to answer it.

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

Pat Gallagher: It will be funded in a somewhat similar manner to the local government fund. The Senator is aware that the Government has substantially increased allocations to local authorities in recent years. An important part of the authority's income will come from charges for non-domestic use.

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

Pat Gallagher: Is Senator Bannon talking about capital or current funding? I am proud of the Government's commitment to the development programme between 2000 and 2006. It has invested €4.4 billion in water schemes throughout the country. I am certain that the six schemes to which the Senator referred have not been delayed because of shortfalls in funding. Senators are aware that schemes have to pass...

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

Pat Gallagher: Development charges have always been in place. It was a matter of streamlining them. The Government has not insisted on any development charges. Members can decide whether they want development charges. Senator Bannon knows, just as I do, that there is a multiplier effect if counties have additional development charges. It helps them, in no small way, to draw down additional funding. It is...

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

Pat Gallagher: This technical amendment removes a possible ambiguity from the text of the Bill. The current wording of section 93(1) provides that the extension to water service authorities of the powers under section 182 and Part XIV of the Planning and Development Act 2000 is only, in effect, for the purpose of acquiring land. While Part XIV of the 2000 Act deals specifically with the acquisition of land,...

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

Pat Gallagher: The proposed amendment to insert a provision in section 96 to the effect that the determination of compensation by a duly appointed arbitrator in regard to compulsory acquisition of a waterworks or waste water works shall be binding is unnecessary as such provision is already included in the relevant legislation governing the appointment of arbitrators. The purpose of section 96 is to itemise...