Damien English (Meath West, Fine Gael) | Oireachtas source

I thank Senator Murnane O'Connor for raising this important issue which has slipped through all the negotiations over several years. I raised it when I joined the Department several weeks ago. The Department’s officials understand it and also wish to fix it. Several county councils are progressing solutions to it too. There is much work going on in trying to get this resolved. Between us all, we need to find a way to sort this out.The Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the provision of public water services from local authorities to Irish Water. It also provides a mechanism whereby water services infrastructure taken in charge by local authorities, pursuant to section 180 of the Planning and Development Act 2000, as amended, may be subsequently transferred by ministerial order to Irish Water.

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of public water services planning, delivery and operation at national, regional and local levels. There are various categories of ownership of water services infrastructure in Ireland, State-owned, State-funded but operated by private group schemes, and infrastructure located on privately owned land, which is the issue raised by the Senator. Irish Water is responsible for public water services infrastructure, including water supply pipes or sewers extending from a water-works or wastewater works to the curtilage of a private property. That is the current legal position.

Under sections 43 and 54 of the Water Services Act 2007, responsibility for maintenance and replacement of any water or wastewater pipes, connections or distribution systems located within the boundary of a private property rests with the owner, which is the situation outlined by the Senator. This was the position that existed prior to the establishment of Irish Water, when individual local authorities held responsibility for public water services and infrastructure. Many cases have been highlighted in this and the Lower House where local authorities, from a public health perspective, may have carried out works to such infrastructure on private property in the past, even though it was not their legal responsibility to do so. They did it because it was the right thing to do and the problem had to be resolved. However, the practice varied greatly from one local authority area to another. In some cases, developers can apply to local authorities to have water services in private estates taken in charge. The case the Senator has raised relates to a council estate in County Carlow where some of the houses were purchased over time. The request to take the estate in charge normally occurs one year after completion of the scheme when the developer applies to have his bond released. That is where the infrastructure is generally outside someone's garden.

A memorandum-of-understanding protocol is in place between local authorities and Irish Water over the asset transfer process under the Water Services (No. 2) Act 2013. This protocol obliges local authorities to take all necessary steps to ensure that water services assets have been completed to a satisfactory standard or that the means to remediate such infrastructure has been obtained through enforcement action before these assets transfer to Irish Water. Once an estate is taken in charge by a local authority, the water services assets will then transfer to Irish Water. While the legal position is set out in the 2007 Act, my Department and various councils are engaging with Irish Water to establish clearly the respective responsibilities of Irish Water and property owners in respect of water supply and wastewater infrastructure. Any agreement on respective responsibilities of Irish Water and property owners will need to be compatible with an individual's constitutional right to private property and Irish Water's obligations to deliver public water and wastewater services under the Water Services Acts 2007 to 2014. There are issues to be resolved because this matter relates to people's private property. I recognise that clarity is important for home owners and my Department will expedite its work with Irish Water on this issue in order that definitive clarity can be provided for all.

I totally understand what the Senator is saying. I am familiar with similar cases and I am prepared to work on this to ensure it is as quickly as we can. It is slightly complicated. It probably should have been dealt with years but it was not. We will find a way to sort it out.