Finian McGrath (Dublin North Central, Independent)
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173. To ask the Minister for Environment, Community and Local Government if Irish Water is a private registered company; if this is the case, the way a private company is able to access names and address of each householder here; the way this company is able to install water meters without written agreement or contract between parties; if he will confirm if this is not a breach of the data protection law thus violating every householder's rights to privacy and protection by the State; and if he will make a statement on the matter. [37258/14]

Finian McGrath (Dublin North Central, Independent)
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174. To ask the Minister for Environment, Community and Local Government the position regarding a unit of water, water meters and personal public service number (details supplied); and if he will make a statement on the matter. [37260/14]

Alan Kelly (Tipperary North, Labour)
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I propose to take Questions Nos. 173 and 174 together.

The Water Services Act 2013 provided for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group, to be formed and registered under the Companies Acts. Section 5 of the Act provides that the shareholders of Irish Water are Ervia (formerly Bord Gáis Éireann), the Minister for the Environment, Community and Local Government and the Minister for Finance. Section 46 of the Water Services (No. 2) Act 2013 prohibits the shareholders from disposing of their shareholding in Irish Water, which in effect places a statutory prohibition on the privatisation of Irish Water.

The Water Services (No. 2) Act 2013 provides that Irish Water is responsible for public water services and that it shall collect charges from its customers in receipt of water services provided by it. In accordance with section 72 of the Water Services Act 2007, Irish Water may require any consumer of water services provided by it to take their supply through a water supply meter.

The Water Services (No. 2) Act 2013 also provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Energy Regulation (CER) which has been given statutory responsibility for protecting the interests of customers of Irish Water. Yesterday, the CER issued its determination on the water charges plan submitted to it by Irish Water. This plan sets out the charges to be levied by Irish Water on customers in receipt of water services provided by it, including the unit price for water supply and wastewater. Full details are available on the CER’s website ().

The Water Services Act 2013 assigned the necessary powers to allow Irish Water to undertake the water metering programme. Irish Water has confirmed to my Department that, as the meter boxes are not sealed, it is possible for a customer to access the meter to verify readings if necessary. Householders with a meter installed will be provided with a reading of their meter as part of their bill and any unusual usage patterns can be discussed with Irish Water if the householder is concerned.

Under the Water Services Acts 2007-2013, Irish Water may request its customers and certain specified persons or bodies, including the nister for Social Protection, to provide it with information so that the Company can perform its functions under these Acts.

In advance of the introduction of domestic water charges, the Government made certain decisions on 6 May 2014 relating to the structure of water charges including, inter alia, a free allowance per household and an additional free allowance for children on the same qualifying conditions as the Child Benefit payment from the Department of Social Protection. As these allowances are to be funded by Government, Irish Water needs to ensure it has the appropriate and sufficient information to reflect these entitlements. Irish Water is a specified body under the Social Welfare Consolidation Act 2005, as amended by Section 20 of the Social Welfare and Pensions Act 2014, and is therefore permitted to request PPS numbers to authenticate the identity of the person being provided with an allowance.

In relation to data protection issues, I refer to the reply to Questions Nos 550, 571, 580, 581, 587 and 594 of 30 September 2014. The position is unchanged.