Seanad debates

Tuesday, 22 November 2022

Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed)

 

2:30 pm

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I move amendment No. 15:

In page 70, to delete lines 37 and 38.

I will focus the first part of my contribution on amendment No. 15, which is important. I wish to flag to Senators who might be listening that I will be calling a vote on this matter.

The IFA states that subparagraphs (a) to (e), inclusive, undermine the legal rights of farmers and could have a negative effect on land and property values.Section 61(2)(d) and (e) are problematic in terms of the powers they give Irish Water, and they should therefore be deleted. Reservoirs of water on farms often serve a specific purpose. Irish farmers should be free to determine what they want to do on their property. We should remember we have constitutional rights to private property. At a minimum, Irish Water should be required to seek permission from the farmers or the landowners. That is important. I accept the purpose of the water reservoir on the farm also needs to be accounted for before any auxiliary work can be done on the farm or the water courses on that farm. If there are possible workarounds that would not cause disruption to farmers, they should be explored. It is critically important for a number of reasons. I have taken advice on it and I have met with a number of people who have sought legal opinion on the matter. I believe it will become contentious in the future, so it is only right and proper we indicate that here and now. This is a very important amendment. I await the Minister of State's response.

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