Alan Kelly (Tipperary North, Labour)
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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. It also provides a mechanism whereby water services infrastructure taken in charge by local authorities pursuant to section 180 of the Planning and Development Act 2000, as amended, may be subsequently transferred by Ministerial Order to Irish Water.

Where a planning authority is satisfied that a housing estate has been completed in accordance with the terms of its planning permission and is minded to take the development in charge and, having established that Irish Water is willing to receive water services related assets post taking in charge, then there should be no impediment in the taking in charge process relating to such estates.

My Department commissioned a representative sample of local authorities in a pilot project in order to identify the extent of problems arising from developer-provided water services infrastructure nationally, a range of possible solutions and the potential costs involved. The project’s Steering Group was comprised of my Department, representatives of Irish Water, the County and City Management Association and the EPA. Based on investigations carried out in the functional areas of the local authorities participating in the pilot project, the Steering Group has made a number of recommendations. These will inform the development, by my Department, of a national approach, including funding options, to address the problems arising from developer-provided water services infrastructure in order to remove impediments to the taking in charge of associated housing estates.