Pat Gallagher (Donegal South West, Fianna Fail)

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 provider. 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. The original subsection (1), which is being deleted, limited the application of the section to all structures constructed after 10 June 1990 and any structure erected prior to that which is not connected to the water services authority sewer. It was based on section 258(1) of the Planning and Development Act 2000. Such restriction is no longer considered appropriate, and could hinder the application of section 61 of the Bill, where for example, a building which was previously connected to services undergoes substantial refurbishment involving additional connections to a sewer. It would be invidious to leave such a connection outside of the scope of this section. In the revised section, while "waste water services" is not defined for the purposes of subsection (1), its meaning is implicit from the definition of "water services" in section 2 as amended. The wording of the subsection subsequently refers to "those water services", with a view to removing any doubt as to waste water services being an element of "water services".

The purpose of section 61(2) is to prohibit unauthorised discharges to sewers. For example, it could be applied to prevent surreptitious discharge of the contents of bulk tankers to sewers via manholes on the side of the road. Such unregulated discharges, depending on their nature, could severely impact on the capacity and integrity of a waste water treatment system.

Section 61(3) introduces a good defence provision whereby subsection (1) will be deemed not to have been contravened in respect of a connection made in accordance with a direction issued by a water services authority under section 92. Section 92 enables a water services authority to direct any person who is already connected to its water services to facilitate extension of those services to another person through his or her pipes.

Section 61(4) provides that where a connection is made in compliance with a notice under section 42, directing a person to connect to a waste water works, it will be deemed that the agreement of the water services provider has been given for the purpose of compliance with subsection (1). It applies without prejudice to subsection (6), which enables a water services authority to require a proposed service connection to be opened for inspection prior to being attached to the public collection network, notwithstanding agreement in principle to the connection.

Section 61(5) provides that where a water services authority is also a planning authority it may include agreement to a connection in the conditions attaching to a planning permission. This will help to streamline the operation of the two consent mechanisms in the interests of greater efficiency. As with subsection (4) it is also without prejudice to subsection (5). This provision replaces a similar provision in section 258(7) of the Planning and Development Act 2000, which is being repealed. The 2000 Act provided that, unless otherwise indicated, the grant of a planning permission for a structure would be taken as permission to connect to a sewer of the sanitary authority. Such an approach is no longer appropriate, since with the transfer of the water functions of town authorities to county level with effect from 1 January 2004 under the Local Government Act 2001, not all planning authorities have responsibility for water services. The same general approach was replicated in the published Bill, but only in respect of applications where the planning authority was also the relevant water services authority. That may not now be the position. It has been decided, however, in the context of the general amendment of the section to leave such integration of procedures at the discretion of individual water services authorities, depending on individual circumstances, in order to facilitate greater operational flexibility. In addition, where a combined planning permission and agreement to connect to water services is provided, the water services authority, for the avoidance of doubt, is enabled to require the inclusion of such conditions as it considers necessary in the planning permission, consistent with its powers generally under this section.

Section 61(6) enables a water services authority to require a proposed service connection to be opened for inspection prior to being attached to its waste water collection network, or that of its agent. The reference to "otherwise inspected" is intended to facilitate remote or robotic testing without recourse to excavation where that is feasible. The obligation is not confined to the connecting pipe. It is intended that it can be applied also in respect of any related pipe which the water services authority, at its absolute discretion, wishes to inspect prior to the services connection being connected to its supply. Thus, the drainage pipe network of successive interconnected stages of a housing development could be subjected to opening for inspection prior to connection to the water supply service if necessary, or indeed pipes within a premises itself if required.

Section 61(7) provides that pipes opened up for inspection under subsection (6) shall not be connected until the water services authority is satisfied that they are up to standard and that the connection will be carried out properly. Subsection (8) provides that subject to any regulations under subsection (10) regarding works or materials standards, an authorised person may give directions on materials specifications, standards of workmanship or work practices for the purposes of ensuring that pipes and accessories are installed to his or her satisfaction. He or she may also carry out such inspection and testing as necessary to verify compliance.

The purpose of section 61(9) is to remove any doubt as to the right of a water services authority or its agent to close a connection made to its water services without its agreement, or in contravention of related directions. It will also enable them to recover any costs arising from such incidents from the perpetrator, or from the person on whose behalf a connection is made. It is intended that liability for costs would accrue, either to the premises' owner or a relevant contractor acting on his or her behalf, effectively at the discretion of the water services authority. The provision is based, broadly, on section 258(5) of the Planning and Development Act 2000, which provides similar powers in relation to unauthorised connections to sanitary authority sewers. The Planning and Development Act provision is being repealed and incorporated into section 61, as amended.

Subsection (10) will enable the Minister to make regulations regarding standards of workmanship and work practices or specification of materials and fittings for the purposes of this section. Subsection (11) enables water services authorities to recover all costs under this section from the person making a connection. Subsection (12) provides that it is an offence to make a connection unless the relevant water services authority is satisfied that the pipes and fittings are up to standard, can be connected properly and are not contrary to any related direction from an authorised person. This subsection also makes it an offence to contravene a regulation under subsection (10). It is envisaged that these could be tried summarily or on indictment.

Amendment No. 27 is a technical amendment consequent on amendment No. 107. It provides that offences under section 61(10) may be prosecuted summarily or on indictment.

I regret that the explanation of these amendments was long, detailed and technical. The Government is convinced that these amendments will make this a much better Bill.