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

I thank the Senator for raising this issue and note how it affects many householders. As the House will be aware, the Government, local authorities and Irish Water are continuing to deliver on an ambitious transformation programme in the water services sector. Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local level. The Water Services (No. 2) Act 2013 provided for local authorities to act as agents of Irish Water, with this relationship being expressed through service level agreements. Through these 12-year agreements, local authorities are utilising their experience and expertise in asset management and operations to provide services on behalf of Irish Water.This expertise is being combined with the considerable network and utility management experience available to Irish Water. The agreements are based on partnership, continuous improvement and the delivery of efficiencies.

Each service level agreement, SLA, in place with a local authority is supported by an annual service plan which reflects the required programme of transformation for that authority. It also outlines agreed objectives and standards of performance, set against a budget covering headcount, goods and services and investment in the forthcoming year. Annual service plans encompass a set of operational objectives, key performance indicators and a related budget, including payroll. These plans set out the context for the delivery of water services for each local authority for a given year.

The Water Services Act 2007 sets down the obligations and responsibilities of water services authorities and property owners in respect of water infrastructure. Sections 43 and 54 provide that a property owner is responsible for the maintenance and replacement of any water or wastewater pipes, connections or distribution systems connected within the boundary of his or her property. This was the case also prior to the transfer of responsibility for public water services from the local authorities to Irish Water.

However, local authorities, at their own discretion, may have undertaken clearance works in respect of common wastewater infrastructure on private property in the past. These works were not a requirement of the law pertaining at the time and not every local authority would have provided such services.

The Water Services (No. 2) Act 2013 transferred responsibility for the maintenance and repair of pipes and combined drains under publicly owned roadways and pathways to Irish Water while responsibility for storm water sewers remained with local authorities. The position, as set out in legislation, provides clarity on the responsibility for the maintenance of common sewerage pipes.

Notwithstanding the legal position, I recognise the importance of the local authorities and Irish Water working together to agree operational guidelines on this and other boundary type matters, so as to provide clarity to householders as to the services which they can expect to receive from Irish Water, working in partnership with the local authorities under the SLA arrangements. Against this background, further legislation in this area is not envisaged.