Dick Roche (Wicklow, Fianna Fail)

Amendments Nos. 82, 83 and 84 provide for the substitution of new sections, respectively, for sections 36, 37 and 38 regarding the making of water services strategic plans by water service authorities. Section 36 now provides that the making of a water services strategic plan will be a reserved function for the members in the first instance. There was lengthy debate on this issue when the Bill first came to the House. I concur with the views expressed by several Senators that it is in the best interests of local democracy that elected members should have such strategic powers. As a result of this change we will have an interesting position whereby the elected representatives will make the development plan and the water services strategic plan as well.

This touches on the point adverted to by Senator Ryan. It is the proliferation of septic tanks that has caused difficulties in some areas of the country. It is important that when local authorities draw up their development plans, they are conscious of the impact they could have on their water services strategic plans. It is essential such plans would be linked seamlessly into broader national infrastructural and economic development planning and that they would be consistent with national budgetary requirements.

If necessary, the Minister will have new powers to direct that a plan should be revised or replaced for stated reasons. This is similar to arrangements that exist in planning law. In addition, where a satisfactory plan is not made within the prescribed time limits, the function of making the plan will revert to the county or city manager but this will only arise when the elected representatives have failed in their duty to fulfil their responsibilities. Such provisions are an essential back-up should the members of a local authority fail in their duties, but I would hope members never will. A related drafting amendment, No. 62, provided for the deletion of section 30(4)(i) as section 30(7)(i) includes a similar provision.