Written answers

Tuesday, 17 June 2014

Department of Environment, Community and Local Government

Irish Water Remit

Photo of Joan CollinsJoan Collins (Dublin South Central, United Left)
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91. To ask the Minister for Environment, Community and Local Government if Irish Water will be compelled to go to a court to seek a court order to reduce a household's water supply if they do not or cannot pay the water charges. [25241/14]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Water Services (No. 2) Act 2013 provides that Irish Water can collect charges from customers in receipt of water services provided by it. The Act also provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Energy Regulation (CER) and the CER has been given statutory responsibility for protecting the interests of customers.

Section 21 of the Water Services (No. 2) Act 2013 provides that Irish Water must not discontinue the supply of water to a household where charges remain unpaid. However, the Act provides that Irish Water may reduce the supply of water to a household where charges remain unpaid. The Act also provides that where a customer fails to pay a charge, Irish Water can recover this as a simple contract debt in any court of competent jurisdiction.

The Act also requires that Irish Water prepare codes of practice on a range of matters, including standards in relation to the performance by Irish Water of its functions and billing by Irish Water of persons in respect of water services provided. Irish Water will also be required to prepare a code of practice on any matter considered necessary by the CER. The CER has recently completed a first round of consultations on codes of practice detailing the procedures it will require Irish Water to have in place for engaging with its customers, including, inter alia, the approach to be taken to customers who are in payment arrears. Details of the consultations are available at the CER website ().

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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92. To ask the Minister for Environment, Community and Local Government the legislative basis for Irish Water to proceed with works upon water infrastructure where engineers encounter ransom strips which prevent access to such infrastructure; if Irish Water may be empowered to make compulsory purchase orders in such scenarios; if he will list each instance where such difficulties have occurred to date; the way each issue was or is intended to be resolved; and if he will make a statement on the matter. [25479/14]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Water Services (No. 2) Act provided for the transfer of responsibility for public water services from the local authorities to Irish Water. Section 7 of the Act provides for the transfer of functions conferred on the local authorities by the Water Services Act 2007 to Irish Water, insofar as those functions relate to public water services. Accordingly, Irish Water has the necessary powers to access water services infrastructure, for example, to carry out inspections or repairs.

Where it is necessary for Irish Water to acquire land, the Water Services Act 2007 provides that Irish Water is entitled to acquire land for the purpose of performing its functions. When exercising the power to acquire land, Irish Water must act in accordance with section 182 and Part XIV of the Planning and Development Act 2000 as they apply to a local authority.

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