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

Pat Gallagher: The record of the debate will show that I said there are no domestic water charges. There are water charges for supply in other areas. I do not know what is the Fine Gael Party's policy on this but the Government does not intend——

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

Pat Gallagher: The Bill will not be used as a vehicle to introduce charges. While, there are, rightly, charges for certain supplies, there are no domestic water charges.

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

Pat Gallagher: In considering this amendment, I regarded the extent to which it would bring clarity to the intended meaning of the section. However, nothing sufficient will be gained by the addition of the term "to a material extent" to warrant its inclusion in the text. Ultimately, it will be a matter for the courts to decide whether an action of an accused person amounts to wilful waste of water. In doing...

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

Pat Gallagher: The intention of these amendments is similar to the earlier proposal to amend section 53 by inserting a reference to wastage of water to a material extent. It can be reasonably expected that in considering whether an offence has been committed under section 54(1) and (2), a court will not find against the owner of a premises in circumstances where the event for which they have been prosecuted...

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

Pat Gallagher: This amendment is consequential on amendment No. 6. The definition of distribution system is revised and is now located with other similar definitions in subsection (2).

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

Pat Gallagher: This amendment incorporates a series of changes and updates to section 55 to expand its scope and synchronise it with similar provisions to section 61 with regard to connection to waste water services. The entire section as revised is reproduced as one amendment to facilitate a clearer understanding of the effects of the various changes to the existing text. Section 55 prohibits unauthorised...

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

Pat Gallagher: This amendment arises from a series of amendments to section 2 to streamline and clarify the distinction between water mains, distribution system and service connections. The insertion of reference to a service connection in line 1 will ensure that the prohibition on pollution of water supplies applies from the moment the water enters the pipe in the water works to its point of delivery to...

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

Pat Gallagher: We should clear up any ambiguity in this area and explain what is a service connection. Senator Bannon may have been misinformed if he is thinking of a service connection as providing a water service to works in progress on a building site. The service connection I refer to in this respect is in essence the pipe which runs between the outer boundary of a premises and the sewer or water mains...

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

Pat Gallagher: There are three aspects to this amendment. The first is the expansion of the scope of the section from sewers to include waste water works. Another aspect is the simplification of the terminology and the third is the application of the maintenance obligations under the section to all providers of water services regardless of whether they are under contract. Under section 60 as currently...

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

Pat Gallagher: Local authorities will only take responsibility for what they own.

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

Pat Gallagher: I want to clarify the position in regard to public schemes expenditure. The Government has not been found wanting in regard to increases in public schemes expenditure. In the period 1997-2003, Exchequer expenditure on water infrastructure increased by128%, from €207 million to €471 million. The Government has a commitment to water infrastructure under the current national development...

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

Pat Gallagher: I do not disagree with the Senator. I would be alarmed to learn that drinking water is running through asbestos piping. Obviously Senator Bannon is thinking of a specific scheme. I would like if he could bring details of any such scheme to me and I will pursue the matter with the relevant local authority. As far as I am aware, there are no schemes where asbestos piping is currently being...

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

Pat Gallagher: Section 62 enables the water services authority to test for nuisances in drains and sewers and requires remedial action to be taken, if appropriate. Arising from the series of amendments to section 2 to streamline and clarify the distinction between drains, sewers and service connections, many of the provisions in section 62 in regard to drains have been incorporated into the revised section...

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

Pat Gallagher: The purpose of the amendment is to avoid frustration of the application of section 62(1). It expands the scope of paragraph (b)(iii) to provide for the testing of a sewer not alone where a water services authority has grounds to believe it may permit the infiltration of water but also where it considers it might permit waste water to leak out. The expansion of the scope of the paragraph is...

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

Pat Gallagher: Section 63(7) provides that where a trade effluent discharge authorised by a licence has not been made for three years, the licence shall cease to have effect. The provision, which is based on the existing provisions for trade effluent licensing under the Local Government (Water Pollution) Act 1977, which are being consolidated into the Bill, is intended to weed out dormant licences and...

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

Pat Gallagher: This is a technical amendment to correct a cross-referencing error. Review of a trade effluent discharge licence is provided for under section 65 rather than this subsection of section 63.

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

Pat Gallagher: This is a technical amendment to ensure consistency with similar provisions elsewhere in the Bill.

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

Pat Gallagher: The purpose of the amendment is to provide additional grounds under which a water services authority may review a trade effluent discharge licence issued under section 63. In addition to the existing grounds, it will enable a review to be carried out at the discretion of a water services authority in two further circumstances: where the capacity of the relevant waste water treatment plant...

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

Pat Gallagher: These amendments replace reference in section 66(1) to "The occupier of a premises" with reference to a person causing a discharge. Their purpose is to identify more precisely who may make an appeal under this section in regard to a decision on a trade effluent discharge licence. Section 66 provides for appeal of decisions on licence applications or licence reviews under sections 63 and 65....

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

Pat Gallagher: The purpose of this amendment is to clarify the powers of An Bord Pleanála in dealing with an appeal under section 66 relating to a trade effluent discharge licence and to give it additional powers of direction for this purpose. The current wording of subsection (2) is based on the provision in section 20 of the Local Government (Water Pollution) Act 1977, as amended by section 15 of the...

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