Pat Gallagher (Donegal South West, Fianna Fail)

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 not provided for in the first place.

Section 28 provides for the assignment of new functions in addition to those provided for in the Bill. Its purpose is to keep the legislation abreast of ongoing developments in the EU and at international level generally without recourse to primary provisions whenever something new arises. It is anticipated that any such proposals will be discussed in advance by the Joint Committee on European Affairs during the development of relevant measures. As there are provisions on water charges in existing legislation, it is not possible to introduce by regulation any provisions purporting to make changes in this regard. Recent case law attests to this fact. As it is not possible to meet a requirement through regulations to change provisions on water services charges, the proposed amendment is unnecessary. As this Bill does not deal with water charges, I ask the House to acknowledge that I cannot accept amendment No. 44.