Pat Gallagher (Donegal South West, Fianna Fail)

Section 46 updates sections 281 and 282 of the Public Health (Ireland) Act 1878 which requires, inter alia, sanitary authorities to obtain prior approval from public authorities before undertaking work in their functional areas. To avoid disturbing the status quo between water services authorities, now sanitary authorities, and other public authorities, the Bill accordingly provides that nothing in this Bill shall be construed so as to set aside a requirement in other legislation for a water services authority to consult with or obtain the agreement of another public authority before undertaking work affecting a premises in which the public authority has an interest. For example, the approval of a harbour authority would be necessary before undertaking work in the harbour area.

I cannot accept the amendment that has been proposed, which purports to remove any possibility that another provision might provide for a change in the status quo at any stage in this or another enactment. It would prevent alternative consultation requirements from applying. It is considered reasonable to acknowledge that such a change could occur. The tightening of the proposed provision could and would be over-ruled at any stage by a future Act of the Oireachtas. In such circumstances, a danger of conflict between section 46 and the relevant new provision would arise, necessitating a specific amendment to section 46. It is considered to be an unnecessary administrative exercise.