Results 321-340 of 13,185 for speaker:Pat Gallagher

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: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I dealt comprehensively with this issue on Committee Stage. I accept that it is a fundamental matter of concern to everybody with an interest in the role and functions of local government. I acknowledge Senator McCarthy's concerns in this regard. I assure the House that I am not undermining the role of elected representatives, or excluding them from the process, by providing that the...

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

Pat Gallagher: The wording of section 45, to which amendment No. 15 refers, was altered on Committee Stage. It now provides that "a person who causes any damage" to a pipe "is guilty of an offence". The change addressed the intention of Senator Bannon's original Committee Stage amendment, which raised concerns about damage being caused to a pipe indirectly by the actions of a third party. Senator Bannon...

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

Pat Gallagher: As I pointed out when we debated this matter on Committee Stage, the amendment purports to remove any possibility that another provision in this Bill or another enactment might provide for a change in the status quo established under section 46 and enable alternative consultation requirements to apply. The amendment is not considered appropriate. On the contrary, it is considered reasonable...

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

Pat Gallagher: Senator Bannon is correct that I indicated on Committee Stage that I would consider this amendment and seek advice on it and I have done so. I reviewed the amendment on the assumption that it would be re-tabled but I point out to the House that if the amendment was accepted, the wording of the section would state "so as to require the Minister to consult with any Minister of the Government...

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

Pat Gallagher: The purpose of section 50, to which amendment No. 18 refers, is to enable a water services authority to enter into an agreement with any person to provide water services infrastructure with a view to that person subsequently transferring ownership of it to the water services authority. The agreement referred to does not relate directly to the discharge of its functions per se by a water...

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

Pat Gallagher: I understand the principle behind the amendment and the case being made by Senator Bannon, but I wish to outline the reasons I cannot accept it. We had a long discussion on this amendment on Committee Stage and while peripheral issues were raised at that time, I understand the substantial issue has been dealt with fully. I reiterate my view that the insertion of a provision restricting...

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

Pat Gallagher: While Senator Bannon did not intend it, the words "cronyism" and "corruption" — I am not sure if "nepotism" was used — are sweeping. It is important that no impropriety arises out of the public procurement process. I have always recognised the importance of the private sector as the driving force in the economy. If allegations are made about the process, they should be substantiated. All...

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

Pat Gallagher: The provision in subsection 7, which is based on the existing provisions for trade effluent licensing under the Local Government (Water Pollution) Act 1977 and will be consolidated into this Bill, is intended to weed out old dormant licences and ensure that all licences are relevant and current. It is possible that a particular operation may be legitimately licensed for occasional, sporadic...

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

Pat Gallagher: We are not looking over our shoulder. We are very realistic and aware that there is legislation elsewhere which might be helpful in drafting our legislation. We have drawn a line in the sand and are consolidating legislation in a Bill of some 100 sections. I made it clear last week that if some legislation were to turn up, even going back as far as 1250, we would draw a line in the sand. To...

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

Pat Gallagher: This is merely a drafting amendment to correct a minor error.

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

Pat Gallagher: Senator Bannon is right. We discussed this on Committee Stage in conjunction with a Government amendment to give greater flexibility to An Bord Pleanála in dealing with appeals regarding trade effluent licensing under section 63. The revised provision in subsection (2), as amended on Committee Stage, now enables the board either to allow or refuse an appeal altogether or, alternatively,...

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

Pat Gallagher: I reiterate my position as outlined on Committee Stage. If we were to accept these amendments they would place an unreasonable obligation on the owner of a premises to ensure that the actions of a tenant would conform with the requirements under section 70 which deal with the general duties of an owner or an occupier. This would mean that if the tenant were responsible for any damage, an...

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

Pat Gallagher: The intention of section 72 is to give water services providers adequate powers to install meters and to have access to them subsequently for maintenance or taking readings. It is based generally on existing provisions in section 68 of the Public Health (Ireland) Act 1878 and section 14 of the Waterworks Clauses Act 1863, which have been repealed and consolidated in this Bill. Such a...