Pat Gallagher (Donegal South West, Fianna Fail)

This amendment is necessary to broaden the application of section 45. Its effects will be to ensure that liability for damage to a pipe will apply whether caused directly or indirectly. Under the provision, as currently worded, it may not be possible to successfully prosecute a person who was engaged in construction work in the vicinity of a pipe owned by a water services authority and whose work, while not directly damaging a pipe, weakened the area around it leading to its damage at a later stage. The legislation as currently drafted could, in such circumstances, allow the person who indirectly caused the damage to escape liability.

Such a restriction is not considered just or appropriate and was not intended, hence the substitution of "causes any damage" for the word "damages". In addition, the amendment updates the references to water pipe to include water mains and distribution systems. This aspect of the amendment arises from the series of amendments to section 2 to streamline and clarify the distinction between drains, sewers, water mains, distribution systems and service connections.

As the amendment covers the same ground as amendment No. 81, perhaps the Senator would consider withdrawing his amendment. Amendment No. 80 is tantamount to the Senator's amendment and covers the same principle.