Pat Gallagher (Donegal South West, Fianna Fail)

The provision in section 42(5) is based on section 8(7) of the Local Government Sanitary Services Act 1962, which is being repealed and consolidated into this Bill. Subsection (5) enables a person who has been directed to connect his or her premises to a waterworks or waste water works to appeal that direction to the Circuit Court. The intention behind providing that no further appeal is possible is to put a limit on the number of appeals a person may make against a direction. One avenue of appeal is considered adequate to ensure that natural justice applies and that the rights of the individual premises owners are protected. Indeed, such an approach is normal in appeals mechanisms, for example the planning appeals system.

The amendment proposed by the Senators seeks to remove the reference to the decision of the Circuit Court being final in such appeals. In doing so, it could open the appeals mechanism to a constant series of appeals through the courts system. This would place an unnecessary burden on the courts and hamper the efforts of water services authorities to provide efficient and effective water services in their areas.

However, it is not intended to deny access to a higher court for the purposes of establishing a point of law with regard to a decision of the District Court under subsection (5). While I doubt that the present wording of subsection (5) would be interpreted by the courts so as to deny such access, it is proposed, for the avoidance of doubt, to provide explicitly to this effect. Accordingly, amendment No. 73 provides that a decision of the District Court on an appeal may be further appealed to the High Court but only on a point of law. This expanded provision should clarify the intent of subsection (5) while avoiding any disruption to the orderly running of the courts system. In the circumstances, I am unable to accept the amendment.

Progress reported; Committee to sit again.