Results 201-220 of 13,185 for speaker:Pat Gallagher

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

Pat Gallagher: I thank Senator Bannon for tabling the amendments and Senator Brady for supporting them. Having revisited sections 3 and 8, I accept that the revised wording is an improvement on the existing text. I will, therefore, take on board the amendments and thank the Senator for bringing the matter to our attention.

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

Pat Gallagher: I will deal with the amendments and then confirm the position regarding domestic water charges. The common thread running through these amendments is that they propose to introduce provisions relating to water charges in the Bill. This is not appropriate or necessary. The Water Services Bill is designed primarily to regulate the delivery and supervision of water services and to enable...

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

Pat Gallagher: I have reviewed this section with my officials and I agree the proposed amendment adds clarity to the intention of the section. Therefore, I am happy to accept it. On the further question raised by Senator Bannon, I state unambiguously that the Government's position on water charges has not been changed by this Bill. The Bill makes no provision whatsoever for water charges. The Local...

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

Pat Gallagher: I confirm that and state emphatically and unambiguously that this is not part of the Government's or the Minister's agenda. A review of all aspects of local government funding is currently under way and I do not intend to tie the hands of those who are carrying it out. It would not be appropriate for me to engage in speculation on the outcome of the review. There is no point in ordering a...

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

Pat Gallagher: This amendment deals with section 6 of the Bill, which enables the Minister, the Water Services Authority or other person prescribed for the purpose of his functions under this Bill to serve notice on specified persons requiring them to provide information. The amendment to section 6(1) is necessary to ensure the obligations to provide information apply equally to all, not just water service...

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

Pat Gallagher: The purpose of this amendment is to enable regulations to be made dealing with the provision of information under the Bill by electronic means. For example, in the matter of licensing applications or appeals, data on monitoring or strategic water services plans, it will enable procedures under the Act to be kept abreast of ongoing developments in technology. The detailed provisions are based...

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

Pat Gallagher: I will deal with the substantive amendment to section 49 under amendment No. 87 first. Amendment No. 87 replaces the existing section 49 and expands the scope of its application to include service connections in addition to waterworks and waste waterworks as before. In addition, for the avoidance of doubt, the obligation on third parties to provide relevant information to the water services...

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

Pat Gallagher: I cannot agree with Senator Bannon. We have all dealt with group water schemes in our time. However, I am referring to large schemes. If the final plans are submitted within six months of the completion of the works we will have made tremendous progress. The problems to which Senator Bannon referred do not necessarily emerge for a considerable time, generally some years. I want to ensure that...

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

Pat Gallagher: There will be a nominal charge and that is reasonable. If one currently seeks copies of a planning application or details from an application, there will be a charge. It will certainly not be a question of trying to meet substantial costs, but rather to recover the actual cost.

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

Pat Gallagher: Amendment No. 27 is consequential on amendment No. 107, so I will first deal with the substantive amendment. Amendment No. 107 expands the scope of the original section 61 to include, in addition to prohibiting the unauthorised connection of a premises to waste water services, an explicit prohibition on discharging anything into a sewer without the permission of the relevant water services...

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

Pat Gallagher: As we are discussing amendments Nos. 28 and 170 together and as amendment No. 170 is the substantive amendment I will deal with it first. The purpose of the new section introduced by amendment No. 170 is to prohibit building over another person's water pipes without the consent of the relevant water services authority. It applies to building over water mains, sewers, distribution systems,...

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

Pat Gallagher: These amendments reduce from 12 months to six months the maximum term of imprisonment which may be imposed following conviction for a summary offence under the Act. The six months maximum term of imprisonment is in line with standard practice in all modern legislation. A 12 month sentence is considered to be outside the scope of summary jurisdiction.

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

Pat Gallagher: While I am aware Senator Bannon tabled this amendment in good faith, it is necessary to flesh out the matter. There are a number of situations whereby an offence committed may not come to light for some time. An example is damage caused by a breach of a duty of care regarding a discharge or damage caused to a pipe during building works which may not become apparent until some time after the...

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

Pat Gallagher: I have studied the amendment and appreciate the point Senator Bannon makes. I have consulted on the matter with the Office of the Attorney General. The purpose of subsection (3) is to remove any doubt as to 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...

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

Pat Gallagher: It is not a word peculiar to Donegal.

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

Pat Gallagher: This is a technical amendment to facilitate the smooth operation of the process for serving notices. As previously worded, a notice may only be served by one of the methods provided for in section 19(1), paragraphs (a) to (f). This restriction could conflict with the proviso in paragraph (f) which requires a notice to be served by supplementary means to verify service of a notice by facsimile...

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

Pat Gallagher: Senator McCarthy's amendment would delete paragraph (f), which provides for e-mail or facsimile transmission of notices. It is difficult to accept the proposition that significant modern legislation, designed to place 1878 legislation — old 19th century legislation from the time of Queen Victoria — on a 21st century footing should intentionally exclude provision for the service of notices...

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

Pat Gallagher: The purpose of this amendment to subsection (2)(b) is to broaden the scope of application of the power to halt a vehicle to include circumstances where there are reasonable grounds for believing that an offence is being or is about to be committed. For example, such an offence could occur if a bulk tanker illegally discharged its load into a sewer through a roadside manhole. It may not always...

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

Pat Gallagher: Section 22 provides generally for the powers of authorised persons. This amendment specifically provides authority to enter premises for the purposes of performing any function under the Act in addition to obtaining information. It is considered that the existing wording of section 22(2)(c) was cast too narrowly in the first instance as it provided only for obtaining information. It did not...

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

Pat Gallagher: Section 22(5) sets out in detail the powers of authorised persons on entering premises or boarding a vehicle, including at section 22(5)(i) provision for powers to carry out repairs. The purpose of this amendment is to enable an authorised person also to carry out other such remedial works as may be considered necessary to make good any damage to the surrounding area which may in itself be...