Pat Gallagher (Donegal South West, Fianna Fail)

In considering this amendment, I regarded the extent to which it would bring clarity to the intended meaning of the section. However, nothing sufficient will be gained by the addition of the term "to a material extent" to warrant its inclusion in the text.

Ultimately, it will be a matter for the courts to decide whether an action of an accused person amounts to wilful waste of water. In doing so, the courts will view each case on its individual merits. It is reasonable to expect that no court will entertain any perverse prosecution based on the waste of negligible amounts of water, just as it is reasonable to expect that such a prosecution would not be brought in the first instance.

Insertion of a reference to "material extent" implies that if the level of wastage was immaterial, a prosecution might well be brought. Such a prosecution is not tenable and prosecuting authorities do not act in such a manner. If any did, a judge would rightly throw the case out.

Should clarification be required as to the circumstances in which a water services authority might undertake action leading to prosecution under this section, the Minister for the Environment, Heritage and Local Government is provided with sufficient powers under section 30(4)(i) to issue any necessary directions. I hope Senator McCarthy will appreciate I am not in a position to accept his amendment.