Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I want to give an explanation. The review examined the performance of the EPA against its mandate. It found that the EPA has provided a "considerable benefit for Ireland's environment and for the health and well-being of its people". None the less, the 2011 review also recommended that the immunity from prosecution, as it applies to the EPA in carrying out its statutory functions, be reconsidered. This process is ongoing, with comprehensive analysis of potential impacts on the agency, its ability to discharge its statutory functions effectively and how the issue is dealt with by other agencies. Any change to the current position, if so decided, will require primary legislation that will come back to the Houses for discussion and consideration in due course.

Section 47 amends the Water Services (No. 2) Act 2013 by the insertion of a new section 23A. This section introduces a legal requirement on the owner of a building either to register with Irish Water as the customer or to notify Irish Water that he or she is not the occupier of the dwelling.Where the owner is not the occupier of the dwelling, the owner shall be required to notify Irish Water of the name of each person with whom they have an agreement to occupy the dwelling and the date of commencement of any such agreement. This provision would not apply where the customer details have already been provided to Irish Water before the proposed legislation comes into effect. This would mean that there would be no additional requirement for customers who have already registered with Irish Water as part of their customer registration campaign. This is an important provision to ensure that Irish Water is made aware of the person responsible for the payment of water charges in accordance with Water Services (No. 2) Act 2013.

This section provides that where the owner of a dwelling does not provide the necessary information to Irish Water within 20 days of the legislation coming into operation or within 20 days following any change of occupation, then the owner shall be liable for any charges payable to Irish Water until such time as they provide Irish Water with the necessary information. The provision of false information to Irish Water shall be an offence.

This section also provides that any agreement to occupy a dwelling which commences after the provisions come into effect, unless it expressly provides otherwise, shall be deemed to include a provision that the occupier is liable for any charges to Irish Water. Any tenant whose tenancy is covered by the Residential Tenancies Act will be responsible for the payment of water charges. This is in line with the principle of the user pays as defined in the Water Services Acts and will ensure that tenants are eligible for the water conservation grant.

On the issue of privatisation, I am surprised at the Senators' ability to be able to predict the future with amazing accuracy. Why does not the Government hold a referendum on this matter? The Government is fully committed to ensuring that Irish Water remains in public ownership. We recognise the concerns expressed by members of the public that Irish Water could, at some future stage, be privatised. Regrettably the concerns have been exploited by some members of the Opposition in an attempt to suggest that the privatisation of Irish Water was an actual reality.

The Water Services (No. 2) Act 2013 prohibits the sale of Irish Water. Nevertheless, the Government wishes to ensure that should any future Government wish to consider legislation proposing the sale of Irish Water, provision is in place for the Irish people to be consulted. The Government consulted with the Attorney General on this matter who advised that an amendment to the Constitution was not appropriate. The Attorney General advised as an alternative measure on the provisions set out in the Water Services Act 2014 that any future proposal for legislation that would involve a change in the State ownership of Irish Water must be put to a plebiscite of the people. This provides a clear mechanism which gives the public a choice on any future proposal to change the ownership of Irish Water.

To respond to Deputy Paschal Mooney, if the owner does not register they will be liable for charges irrespective of whether they are the occupier or not. The class A fine provision relates to the offences of providing false or misleading information to Irish Water only, so it is false and misleading information which will carry the fine. I think that clarifies that issue.

The Government has taken significant steps to ensure charges are affordable. The Water Services Act 2014 caps charges at a maximum of €160 for one adult household and €260 for other households. The charges may be lower where a household conserves water. Furthermore, the water conservation grant of €100 will also support affordability.

In regard to the issue of compliance and the discussion on the number of people who have already paid, the compliance data released by Ervia earlier this week on the first billing cycle indicate that 46% of domestic water charges have been collected to date. Irish Water has indicated to me that as a utility sending out bills for the first time this progress compares well with other utility collection experience and it is satisfied with the rate of collection at this stage.