Written answers

Wednesday, 29 April 2015

Department of Environment, Community and Local Government

Ministerial Responsibilities

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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131. To ask the Minister for Environment, Community and Local Government further to Parliamentary Question No. 14134/15 which was disallowed, if he will report on his role in relation to Irish Water, and the invigilation for the Oireachtas of the regulation of the provision of these services; and if he will make a statement on the matter. [16900/15]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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The Water Services Act 2013 provides for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group (now renamed Ervia), which conforms to the conditions set out in the Act and is registered under the Companies Acts. The Act provides that Irish Water is required to submit an annual report on the performance of its functions each year to the Minister for the Environment, Community and Local Government and the Minister for Communications, Energy and Natural Resources. Irish Water is also required to submit its annual accounts to the Minister for the Environment, Community and Local Government each year. The 2013 Act provides that the annual report and accounts will be laid before each House of the Oireachtas.

Irish Water, as a commercial State body within the Ervia Group, is subject to all the standard governance and accountability rules which apply to a public utility and it is required to comply with the Department of Public Expenditure and Reform’s Code of Practice for the Governance of State Bodies. The 2013 Act requires Irish Water to seek the consent of the Minister for the Environment, Community and Local Government before entering into any capital commitments while the Water Services (No. 2) Act 2013 requires Irish Water to seek the consent of the Minister (and the Minister for Communications, Energy and Natural Resources, the Minister for Finance and the Minister for Public Expenditure and Reform) to borrow money.

The Minister is also accountable to the Oireachtas, through the normal Estimates process, for any funding of Irish Water provided by his Department.

The Water Services (No. 2) Act 2013 also provides specific mechanisms for the issue of Ministerial policy directions to both the Commission for Energy Regulation and Irish Water. The Act further provides that approval of the Minister for the Environment, Community and Local Government is required for Irish Water’s 25-year water services strategic plans. In addition, the utility is accountable to the Commission for Energy Regulation in terms of economic regulation and to the Environmental Protection Agency in terms of environmental regulation.

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