Róisín Garvey (Green Party)
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I thank the Minister of State for his time today. Over many years many people in housing estates throughout the county have raised this and it does not seem to be unique to County Clare. We have private housing estates built by developers and construction companies that went bust. The housing estates have been left to their own devices. In particular I want to ask what is being done for housing estates such as Westcoast View, Annagh, County Clare. The people there have been waiting many years for the estate to be taken in charge. At this stage they have been waiting nine years. It has its own wastewater treatment plant and the position of Irish Water is that it is not responsible for taking in charge of developer-provided water services infrastructure. Clare County Council can no longer legally take a private wastewater treatment plant, WWTP, in charge as it is no longer a water services authority. How will we remedy this situation? From doing lots of research and from many emails over and back it seems a number of estates in west Clare are in the same predicament, as they also have their own wastewater treatment plants. They seem to be falling between two stools. There is a disconnect in the legislation and private developments with developer-provided wastewater infrastructure cannot be taken in charge unless the legislation is changed to fund or legislate or both for Irish Water or local authorities to take the infrastructure in charge.

There are more layers to this with the bond companies. There seems to be a bond for estates when they are abandoned by a developer or construction company. Often it takes years for the bond to be released to the local authority to use the money to do the work. Often the bond is a fraction of the costs needed. We have to wait years to get the bond for the local authorities to have the money to do the work and when they finally get it, perhaps eight or ten years later, it is a fraction of the costs needed. This is very frustrating for me and I am the least of those involved. There are the people living in the estates and the local authorities themselves. The county council would like to be doing what it needs to do for these houses but it is not its responsibility and nor is it the responsibility of Irish Water. It remains to be seen how the taking-in-charge issue will be resolved. As there are other counties with similar to ourselves so maybe this issue will be addressed. The matter needs to be addressed nationally. What will be done? It seems we are in limbo because we have changed the powers of local authorities and given the powers they had to Irish Water, but nobody takes responsibility for these housing estates.

Thomas Byrne (Meath East, Fianna Fail)
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Gabhaim buíochas leis an Seanadóir as an ábhar tábhachtach seo a ardú. I thank the Senator for raising this issue and providing me with the opportunity to address it, on behalf of the Minister for Housing, Local Government and Heritage. Unfortunately, he cannot be here to address the issue.

Local authorities, as planning authorities, lead the taking in charge process of housing estates. The taking in charge of housing estates by local authorities is provided for by the Planning and Development Act.

A small subset of estates nationally that are not taken in charge rely on developer provided water services infrastructure for their water services. This mainly consists of wastewater treatment facilities but a small number provide drinking water services for the estate. This infrastructure was generally provided by the developer of the estate and is not connected to the public water services network. They are privately owned facilities.

In 2019, the Department introduced the multi-annual developer provided water services infrastructure resolution programme to provide funding for the progressive resolution of these housing estates with these legacy issues. The focus of the first multi-annual programme is on estates in towns and villages where the resolution is to connect their water services to the local Irish Water network. This will enable Irish Water to take responsibility for the ongoing operation and management of the water service in the estate once the estate is taken in charge by the planning authority.

In September 2020, the Minister announced allocations of just over €3.36 million for 26 estates across ten counties with almost 950 households to benefit, under the new multi-annual programme, to enable the taking in charge of these estates. A study is being carried out by Irish Water to develop the best solutions for estates with legacy developer provided water services infrastructure. The study will help the Department with developing policy solutions, including issues around funding, for estates, such as the one referenced by the Senator, that due to distance and size are not viable to connect to the public network. This is by considering sustainable treatment technologies either on the same site or another suitable alternative site. I understand the study is expected to be completed by the summer.

It will take a number of funding programmes to fully resolve these estates. The Department is committed to progressing the taking in charge of these legacy estates through increased funding over the coming years.

The Department is supporting the progressive taking in charge of estates with developer provided wastewater infrastructure. Funding of €68.5 million has been secured under the national development plan for this programme and lead pipe remediation to underpin this support.

Róisín Garvey (Green Party)
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I understand that it is not just the estate I mentioned. I note that the Minister has allocated just over €3.36 million for 26 estates across ten counties. I contend that there are probably 26 estates in County Clare that need assistance. I know that the Minister has been handed a legacy issue, but the water situation, between lead pipes, poor infrastructure and more, is appalling. Apart from being told that a study might be completed by the summer, which could mean June or September, I have nothing to tell the residents of the estate. I do not know how we can expedite the matter. There is a housing crisis, but at least let the people who live in houses currently have decent water and access to water. It is a basic human right to have access to clean water. People ring me all of the time and they are extremely stressed because their water supply has been cut off. The water situation is especially stressful for people who are at home so people with disabilities or people who work from home full-time or older people.

I ask the Minister of State to convey to the Minister the fact that I know he has to spend money on everything. However, we need to get the water services right for the existing housing estates, regardless of whether they comprise six or 70 houses. I would like to see this issue prioritised and expedited by the Department.

Thomas Byrne (Meath East, Fianna Fail)
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I appreciate that the Senator is interested in resolving the issue. The Department has a funding programme in place to help resolve it but it will take a number of funding cycles to do so. If there is anything else the Senator wants to say or if she has any other information, she should please feel free to provide it to the Minister or the Department and the relevant officials will consider it.

Given the significant funding liability required to sustainably resolve issues relating to these type of estates that are dotted around the country, the Department has asked Irish Water to carry out a study to support it in developing the best solutions. The study will be finished by the summer and will inform future iterations of the funding programme. I hope that the Senator will tell residents that there is money available but that the work is not going to be done at once and that we are trying to work out the best possible way to spend it.