Pat Gallagher (Donegal South West, Fianna Fail)

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 which provides for alternative arrangements. With the Minister's general powers to direct water service authorities under section 30(4)(i), the amendment, for the avoidance of doubt, further protects the position of individual consumers by preventing a water services authority unilaterally from discontinuing services to existing users on enactment of the Bill unless the suspension sanctioned by the Minister is part of a strategic plan for the effective and efficient provision of water services in the surrounding area.

For clarity and the avoidance of doubt, amendment No. 168 confirms that the application of section 101 is subject to section 36(10), inserted by amendment No. 64. Section 101 provides that a provision in any other statute, which obliges a water services authority to provide water services outside of its functional area, will in future be interpreted only as enabling it to do so. This amendment links that provision with the new section 36(10) and will ensure that action such as ceasing to provide services cannot be taken unilaterally by a water services authority under section 101 and must await sanction by the Minister under section 36 in the context of the orderly strategic planning of water services for the area. The interests of consumers continue to be protected as a result of these amendments.