Seanad debates

Thursday, 24 November 2011

Water Services (Amendment) Bill 2011: Committee Stage (Resumed)

 

11:00 am

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail)

Amendment No. 23 refers to sweeping powers that would be given to the agency to alter the criteria and require the applicant and the householder to provide new information. Can the Minister clarify for the record the details of that information? If we and the Minister's colleagues on the Government side are expected to vote through those three lines in this section I am sure he will be happy to provide clarification as to the exact nature of what is meant by "such other information as may be determined by the Agency from time to time". Does that mean the Environmental Protection Agency has the power to make the decision on the information that will be required? For example, does it mean that it does not have to come back to Members of the Oireachtas? Of course it does. I am not questioning the agency. The Environmental Protection Agency is a reputable and responsible organisation which is carrying out its functions in accordance with guidelines from Europe, and we can extend the debate on that as the evening progresses.

The Minister might also clarify the details of any prosecutions. I ask him to outline to the House all the prosecutions covered under section 4(9)(g) and answer my initial question as to whether any of those prosecutions could result, either following on from a prosecution having been taken or prior to a prosecution being taken, in the local authority, the water services authority or the agency going into the person's dwelling house without the person's authority, carrying out the prescribed work under the legislation and then endeavouring to recoup the money from that through the courts or directly from the individual. Will he clarify whether that is the case?

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