Denis Landy (Labour) | Oireachtas source

There is some confusion, and certainly in my mind, so it is important to clarify the matter. I understand, having read the legislation, that there will be a transfer date. Senator Cummins mentioned planning permission and development plans approved by the local authority, and a lot of reference has been made to sewerage treatment plants on private estates, etc. What happens when estates are taken over by local authorities? As we are all aware, that requires a process. A local authority cannot just say "Today we will take this over." It must undertake inspections, surveys, etc. Therefore, the legislation must contain a provision whereby Irish Water takes the function over from local authorities. Such a provision is already in place and the measure will be operated on an ongoing basis, but I seek clarity on the matter. It will cause concern. A housing estate, through no fault of residents, may not be ready on the transfer day for whatever reason. For example, a developer may have gone west, or no one might be in a position to offer the estate to a local authority. We must remember that an estate must be legally offered to the local authority. That is the law as it currently stands. A local authority must be in a position to take charge of an estate and when it reaches certain standards Irish Water will de facto take it over from then onwards. The matter needs to be clarified.

I do not believe residents living in these areas should be unduly concerned. My understanding of the legislation is that there is no ambiguity, but I would like the Minister of State to spell this out.