Results 221-240 of 13,185 for speaker:Pat Gallagher

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

Pat Gallagher: To avoid doubt, this amendment expands the scope of the original section 22(5)(k) to enable the powers of authorised persons, for the purposes of investigating the connection of and ascertaining the course of pipes, to be applied to distribution systems, water mains and related accessories. The amendment arises from previous amendments to clarify references to various types of pipes under...

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

Pat Gallagher: As currently worded section 22(6)(a), which enables an authorised person to direct the owner or occupier of premises to take corrective measures to remove a risk to human health or the environment, could be interpreted as applying only to water services providers regarding the water services activity carried out by them. This is not the intention of this subsection, which is intended to apply...

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

Pat Gallagher: This is a technical amendment to correct a typographical error.

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

Pat Gallagher: Section 27 provides 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 anticipates, for example, possible changes as arrangements are developed for implementation of the EU water framework directive. Such provision is desirable to leave flexibility for the...

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

Pat Gallagher: I appreciate the point the Senator made about waste management. The powers were transferred as a result of legislation enacted by the Oireachtas. If this or a future Government were to contemplate privatisation of water schemes, it would not rely on this Bill which features nothing to give power to a Minister in this regard. The enactment of further legislation would be absolutely necessary....

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

Pat Gallagher: Section 27 provides for the transfer of functions conferred under this Bill. The legislation does not provide for any power to raise water charges. Such powers are provided separately under existing local government financial provisions legislation which I referred to earlier. In the circumstances, the insertion of the proposed words would be superfluous given that the function referred to is...

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

Pat Gallagher: This amendment to section 30(1)(b) provides that the Minister shall have overall responsibility inter alia for the planning and supervision of investment programmes for the provision of water services. The amendment is necessary because as currently drafted, the wording of paragraph (b) could be interpreted so as to involve the Minister in day to day supervision of works projects including...

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

Pat Gallagher: This amendment is tabled to avoid doubt and to prevent paragraph i (viii) being interpreted as enabling the Minister to direct a water services authority to provide water services to specific individuals. Section 30(4) sets out in detail the functions of the Minister under the Bill, which include under paragraph i (viii) power to direct a water services authority on the general performance of...

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

Pat Gallagher: Section 30 places overall responsibility with the Minister to facilitate the provision of safe and efficient water services and associated water services infrastructure, and provides for the necessary associated powers. Subsection (4) sets out a broad menu of powers which may be exercised by the Minister in the course of exercising his or her functions under this Bill. These include inter...

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...