Results 13,021-13,040 of 13,270 for speaker:Pat Gallagher

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

Pat Gallagher: The Bill contains provisions on way-leaves. Amendments Nos. 78 and 79 to this section are somewhat different. There is no change to existing way-leaves. We want to ensure that in addition to repair work, renewal of service connections can be carried out. Previous legislation provides for repair of service connections only. However, there is a clear distinction between repair and renewal....

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

Pat Gallagher: This amendment is necessary to broaden the application of section 45. Its effects will be to ensure that liability for damage to a pipe will apply whether caused directly or indirectly. Under the provision, as currently worded, it may not be possible to successfully prosecute a person who was engaged in construction work in the vicinity of a pipe owned by a water services authority and whose...

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

Pat Gallagher: The person or company who causes the damage shall be responsible for the repairs. Senator Bannon is correct when he states that many of the group water schemes were established some years ago. Where trustees pass on or retire, new trustees can be appointed. In short, the person responsible for the damage shall be the person or company who causes it.

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

Pat Gallagher: The Bill makes provision for the replacement of trustees. We are all aware, having spent time on local authorities, that many group water schemes were anxious for various councils to take over such schemes. Many councils took over group water schemes which met the required standards. I realise it is difficult to find people willing to do the work and that this, in turn, is somewhat unfair to...

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

Pat Gallagher: Section 46 updates sections 281 and 282 of the Public Health (Ireland) Act 1878 which requires, inter alia, sanitary authorities to obtain prior approval from public authorities before undertaking work in their functional areas. To avoid disturbing the status quo between water services authorities, now sanitary authorities, and other public authorities, the Bill accordingly provides that...

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

Pat Gallagher: The amendment is considered unnecessary because the administrative exercise in question is unnecessary. The provision is a standard one that is found in many Acts.

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

Pat Gallagher: As it is currently worded, section 48 requires the Minister to consult "any Minister of the Government" that he or she considers to be relevant before he or she makes regulations "requiring water services authorities or other persons prescribed" to undertake specified consultation in the course of the exercise of their functions. If I accept the amendment, the section will require the...

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

Pat Gallagher: Section 50 enables a water services authority to enter into an agreement with any person to provide water services, subject to planning permission requirements. Such an agreement can be reached with a view to the subsequent transfer of ownership of the infrastructure from the person in question to the water services authority. The amendment proposes to restrict the requirement to take...

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

Pat Gallagher: Section 50 enables a water services authority to enter into an agreement with any person to provide water service infrastructure, with a view to that person subsequently transferring ownership to the authority. Therefore, the agreement to which Senator Bannon referred does not relate directly to the discharge of its functions per se by a water services authority. On the other hand, the...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: I understand the intent behind the three amendments under consideration and readily agree that in a modern society every person should have access to a safe water supply. However, I am concerned that the approach suggested could lead to an impossible burden being placed on water services authorities regarding the performance of their function under the Water Services Act. If accepted, these...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: The purpose of these amendments is to apply relevant functions under the Bill to the public private partnership partners of authorised water services providers. In all of the provisions identified, the relevant functions currently apply only to a water services authority, an authorised provider of water services, in effect a group water services scheme, or somebody acting jointly with or on...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: The purpose of this amendment is to enable regulations under section 32(2) and (3), in regard to the provision of water services, to provide additionally for measures necessary to protect public health and the environment. It is possible that existing provisions for regulations at section 32(3)(b), on duties of persons providing water services, and section 32(3)(e), on performance standards...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: This is merely a technical amendment for consistency with the rest of the Bill.

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: The change suggested by Senator McCarthy to the wording of subsection (3) brings an additional increment of clarity to it and removes any possible difficulty of interpretation. I am happy to recommend acceptance of the amendment.

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: The purpose in providing that the making of water services strategic plans is an executive function and not a reserve function, as suggested in the amendment, is to draw a clear distinction between the various strands of the strategic planning process for water services. It will ensure that input into each is provided at the appropriate stage and as part of the overall planning and...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: Senator McCarthy raises an important point. Many of us have come through the council system and it is not the intention to remove power from councillors. It is not a question of their having no input, they will have a major input. The manager must have regard to the relevant county development plans and the regional or spatial planning guidelines, whether housing strategies, special amenity...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: This is a technical amendment. Section 36(9) enables the Minister to make regulations to prescribe detailed procedural arrangements for making water service strategy plans, including arrangements for public consultation and notification during the course of their preparation. Deletion of the word "public" in line 15 is a precautionary measure for the avoidance of any doubt that the Minister's...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: As amendment No. 168 is consequential, I will first address the substantive issue in amendment No. 64. The purpose of this amendment is to ensure consumers of water services provided by sanitary authorities prior to enactment of the Bill will continue to receive such services from their water services authorities after enactment unless the Minister approves a water services strategic plan...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: Amendments Nos. 65, 66, 68, 70 and 71 have several aspects which arise from a series of amendments to the definitions of water services and infrastructure in section 2. Amendment No. 65 inserts a definition of 'pipes' for the purposes of the section. The amendment arises from the series of amendments in section 2 to streamline and clarify the distinction between drains, sewers, water mains,...

Seanad: Water Services Bill 2003: Committee Stage. (16 Jun 2004)

Pat Gallagher: Section 42 enables a water services authority to require that a premises in its functional area be connected to its waterworks or waste water works located nearby subject to the right of appeal to the District Court. Subsection (4) expands these powers to enable a water services authority to require a premises to be connected to the services of its contracted agent or that of an authorised...