Pat Gallagher (Donegal South West, Fianna Fail)

Senator Bannon is correct in his observation that the original wording of subsection (3), while providing some examples of the purpose for which the obligation to keep pipes in good order and repair should apply, failed to make reference to water conservation. We have re-examined that provision in the course of the overall review of the section and, on reflection, it is considered best to make the obligation absolute in the first instance. Any attempt to list the purposes for which the obligation to keep the pipes in good order and repair applies only renders the provision vulnerable to being undermined in its intent by claims that some slightly different circumstances apply in a given instance. The revised subsection (3) as set out in the Government amendment accordingly provides that those responsible for the repair and renewal of a connection have an absolute obligation in that regard. In those circumstances, I ask Senator Bannon to agree to the revised approach proposed. It is consequently a matter for him to withdraw the amendment. We have taken his views into consideration and incorporated them.