Catherine Murphy (Kildare North, Independent)
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136. To ask the Minister for Environment, Community and Local Government if he will provide an update on the protocol between Irish Water and local authorities, in view of the fact that construction bonds to cover costs of public foul water services will expire on the taking in charge of estates by local authorities, and where Irish Water will not have completed the taking of charge of public foul services. [39320/14]

Catherine Murphy (Kildare North, Independent)
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146. To ask the Minister for Environment, Community and Local Government the contingencies that are in place should a local authority decide to take an unfinished estate in charge, effectively relinquishing any bond in force in respect of the estate, and subsequently water infrastructure problems are identified; in such a case if Irish Water will pay to alleviate the deficiencies; if the first fix free policy will apply in these cases if leaks are discovered on residents' side of the property; and if he will make a statement on the matter. [39435/14]

Alan Kelly (Tipperary North, Labour)
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I propose to take Questions Nos. 136 and 146 together.

Section 180 of the Planning and Development Act 2000, as amended, sets out the process by which local authorities can take in charge housing estates. When taking an estate in charge under the terms of this provision, a planning authority must take in charge any roads, open spaces, car parks, sewers, water mains or drains within the attendant grounds of the development.

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. In addition, it provides a mechanism whereby water services infrastructure may be taken in charge by local authorities and be subsequently transferred by Ministerial Order to Irish Water. Contrary to certain misunderstandings that may exist, there is no specific legal impediment to the taking in charge of water services infrastructure by local authorities.

In Circular Letter PL 21/13 issued by my Department to planning authorities on 30 December 2013 in the light of the transfer of certain statutory water services functions from local authorities to Irish Water with effect from 1 January 2014, it was stated that legislative amendments to further clarify the existing provisions on the taking in charge of housing estates would be made in 2014.

My Department, in consultation with Irish Water and the local authorities, is also currently developing a guidance circular for issue to local authorities to provide clarification in relation to water services infrastructure issues and the taking in charge of housing estates arising from the establishment of Irish Water. It is intended that this advice will be issued to local authorities in the near future.

The Government has agreed to provide additional funding to Irish Water for their capital investment to include a free first fix scheme. The Commission for Energy Regulation (CER) has decided that where a customer leak has been identified under the ‘first fix’ policy, the customer’s charges will be capped at the assessed level until the leak is fixed by Irish Water. Irish Water has made a proposal to the CER regarding a ‘first fix’ policy and it is understood that the CER intend to hold a public consultation in advance of a decision and implementation of the scheme in January 2015. The policy will apply to all Irish Water domestic customers.