Pat Gallagher (Donegal South West, Fianna Fail)

Section 79 requires all water service providers other than a water services authority or its agent to be licensed subject to such classes of exception as the Minister may prescribe. The purpose of the amendment is to ensure that the introduction of modern design-build-operate procurement arrangements to the rural water sector will not cause confusion as to whether the contractor or contracting group water services scheme require to be licensed under this section.

It provides in effect for the avoidance of doubt that, notwithstanding the engagement of a contractor to provide water services on behalf of a group water services scheme, responsibility for delivery of the service in accordance with the prescribed standards remains with the scheme which shall, in turn, require to be licensed. The effect of the amendment will be to put beyond doubt that it is the responsibility of the group water services scheme rather than its contracted agent to obtain a licence to provide water services notwithstanding that they may be delivered by another person on their behalf under contract. It will be a matter for each group water services scheme to ensure that contract conditions are adequate to protect its interests in this regard.

Design-build-operate and bundling of individual schemes in the group scheme sector are currently being employed in many instances to put in place the maximum number of treatment plants in the shortest possible timeframe at optimum cost and effectiveness. Accordingly, it is prudent to clarify that it is a group water services scheme that requires a licence and not the contractor.