Dick Roche (Wicklow, Fianna Fail)

This group of amendments provides for enhanced supervisory arrangements regarding the provision of water services and the oversight of trade effluent discharges.

Amendment No. 57 to section 59 removes the immunity from proceedings to claim damages arising from the non-performance of a duty under the Act by the Minister, a water services authority or other prosecuted person. There was some discussion of the matter in the House, and I accept that such a provision could have been considered anomalous and in conflict with existing legislation. For example, it could have been interpreted as preventing an action to claim damages arising from the provision of a substandard public water supply because of a failure to carry out duties regarding the management of a treatment plant. It is clear and obvious that if water is supplied by a local public water authority, that authority has a duty and responsibility to ensure it operates its treatment plants correctly. Under this section, such authorities would not be immune from having to answer for their failings. That is only right, and the change represents an improvement.

Amendments Nos. 58, 59 and 224 are linked and provide that the Minister's supervisory duties under section 30 must be carried out in accordance with the relevant EU directives affecting water services, as well as granting the EPA supervisory responsibility over local authority water supplies. Such an approach has been already adopted in the interim drinking-water regulations that I made on 8 March pending enactment of the Bill. I put those amendments through because I was worried the Bill itself might not be passed, depending on the date of the election. I was most anxious that the EPA, in addition to having the power to measure and monitor, should be also able to prosecute.

I look forward to the EPA using that power where local authorities have failed, since it is wrong and criminal to leave people at risk by not having a treatment plant or works that comes up to scratch. Without any specific case in mind, it is a good precautionary measure. People should know they will have to answer for their failures. This change has been anticipated by the interim drinking-water regulations, to which the legislation gives permanent effect.

Amendment No. 71 qualifies the obligation imposed on water services authorities under section 31(13) to ensure water intended for human consumption meets prescribed standards by providing additionally that the necessary measures to ensure such compliance may involve action by a water services authority itself or another person on whom a relevant obligation is imposed under the Act.

Amendment No. 162 inserts an additional provision into section 63 regarding the licensing of trade effluent to enable a water services authority to revoke a trade effluent licence issued under that section where waste-water charges in respect of the treatment, recovery and disposal of that effluent have not been paid by a specified date. To ensure the rights of the licence holder were duly protected, the application of the power is subject to the water services authority having obtained a court order in the first instance for the recovery of these charges before making such an order providing for the revocation of the licence.

Amendment No. 187 to section 79 extends the licensing requirements under Part 6 to include explicitly for the provision of water from tankers to avoid any enforcement difficulties arising where such provision is necessitated. Members will be aware of my views on providing water from tankers to hard-pressed households from time to time.