DÁIL ÉIREANN

AN BILLE UM SHEIRBHÍSÍ UISCE, 2013 WATER SERVICES BILL 2013

LEASUITHE TUARASCÁLA REPORT AMENDMENTS

[No. 1a of 2013] [06 March, 2013] [Printers Reference] DÁIL ÉIREANN

AN BILLE UM SHEIRBHÍSÍ UISCE, 2013 —AN TUARASCÁIL

WATER SERVICES BILL 2013 —REPORT

Leasuithe Amendments

1. In page 5, lines 5 to 16, to delete all words from and including “TO” where it firstly occurs in line 5 down to and including “COMPANY” in line 16 and substitute the following:

“TO MAKE PROVISION IN RELATION TO THE INSTALLATION AND MAINTENANCE OF BLOCK WATER METERING AND FOR THE ESTABLISHMENT OF A NATIONAL WATER SECTOR FRAMEWORK TEAM; THIS TEAM WILL OVERSEE GOVERNANCE OF THE WATER SECTOR AND CAPITAL INVESTMENT FOR THE SECTOR”. —Brian Stanley.

2. In page 5, line 21, to delete “Water Services” and substitute “National Water Sector Framework”. —Brian Stanley.

3. In page 5, line 22, after “Act” to insert “other than section 24”. —Brian Stanley.

4. In page 5, between lines 25 and 26, to insert the following:

“(3) Section 24 of this Act shall come in to operation after the 1st of January 2014, or following a review of that section under section 24(4)*, whichever date is the later.”. —Brian Stanley.

[*This is a reference to the subsection proposed to be inserted by amendment 38.]

5. In page 6, to delete lines 16 and 21 and substitute following:

“4.—(a) The Minister shall establish a National Water Framework Team. Such a board shall be responsible for—

(i) the supply of water for both domestic and non-domestic purposes,

(ii) the setting of charges on water used for commercial purposes,

(iii) the disposal of domestic sewage,

(iv) the maintenance and management of the Water distribution system,

(v) any other such related matters as the Minister may fix by regulation.

(b) The National Water Sector Framework Team shall consist of—

[No. 1a of 2013] [06 March, 2013] (i) the Secretary General of the Department of the Environment and Local Government, who shall be the convenor,

(ii) Assistant Managers, with responsibility for engineering from each County and City Council,

(iii) any other such representatives of the Minister for the Environment as he may fix by regulation,

(iv) the Minister shall resource and provide finance to the National Water Framework team from within his department.”. —Brian Stanley.

6. In page 6, to delete lines 16 to 21. —Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

7. In page 6, to delete lines 22 to 39. —Brian Stanley, Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

8. In page 6, lines 37 and 38, to delete all words from and including “the Minister” in line 37 down to and including “Finance” in line 38 and substitute “the Oireachtas”. —Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

9. In page 6, to delete lines 40 to 44 and in page 7, to delete lines 1 to 11. —Brian Stanley.

10. In page 6, lines 41 to 44, to delete all words from and including “the” in line 41 down to and including “Reform” in line 44 and substitute “the Oireachtas”. —Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

11. In page 7, lines 2 to 5, to delete all words from and including “the” in line 2 down to and including “Reform” in line 5 and substitute “the Oireachtas”. —Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

2 12. In page 7, lines 9 to 11, to delete all words from and including “the” where it secondly occurs in line 9 down to and including “Reform” in line 11 and substitute “the Oireachtas”. —Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

13. In page 7, to delete lines 12 to 26. —Brian Stanley.

14. In page 7, to delete lines 27 to 41 and in page 8, to delete lines 1 to 7. —Brian Stanley.

15. In page 8, to delete lines 8 to 47 and in page 9, to delete lines 1 to 8. —Brian Stanley.

16. In page 9, to delete lines 9 to 30. —Brian Stanley.

17. In page 9, to delete lines 31 to 46. —Brian Stanley.

18. In page 10, to delete lines 1 to 30. —Brian Stanley.

19. In page 10, lines 2 to 5, to delete all words from and including “the” where it secondly occurs in line 2 down to and including “Reform” in line 5 and substitute “the Oireachtas”. —Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

20. In page 10, lines 10 to 13, to delete all words from and including “the” where it secondly occurs in line 10 down to and including “Reform” in line 13 and substitute “the Oireachtas”. —Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

21. In page 10, to delete lines 31 to 54 and in page 11, to delete lines 1 and 2 and substitute the following:

“Guarantee of 13.—(1) (a) In relation to borrowings by the Board under section 12, the borrowings of Minister for Finance, after consultation with the Minister, may guarantee, Board and in such form and manner and in such money (including money in a subsidiary. currency other than the currency of the State) and on such terms and conditions as he or she thinks fit, the due repayment by the Board of the principal of any money borrowed by the Board or the due payment of instalments or other amounts of money owed by the Board under a contract entered into by the Board or the payment of interest on any money, instalment or amount or both the repayment of principal or

3 payment of such instalments or amounts, as the case may be, and payment of the interest, and any such guarantee may include a guarantee of payment of commission and incidental expenses arising in connection with such borrowings or such contract.

(b) In relation to borrowings by the subsidiary under section 12, the Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as he or she thinks fit, the due repayment by the subsidiary of the principal of any money borrowed by the subsidiary or the due payment of instalments or other amounts of money owed by the subsidiary under a contract entered into by the subsidiary or the payment of interest on any money, instalment or amount or both the repayment of principal or payment of such instalments or amounts, as the case may be, and payment of the interest, and any such guarantee may include a guarantee of payment of commission and incidental expenses arising in connection with such borrowings or such contract.

(2) Where a guarantee under this section is or has been given, the Board or the subsidiary, as may be appropriate, shall, if the Minister for Finance so requires, give to him or her such security (including debentures) as may be specified in the requirement for the purpose of securing to the Minister for Finance the repayment of any money which he or she may be liable to pay or has paid under the guarantee.

(3) The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force on, the commencement of that year—

(a) particulars of the guarantee,

(b) in case any payment has been made by him or her under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him or her on foot of the payment, and

(c) the amount of money covered by the guarantee which was outstanding at the end of that year.

(4) (a) Money paid by the Minister for Finance under a guarantee to which paragraph (a) of subsection (1) applies shall be repaid to the Minister for Finance (with interest thereon at such rate or rates as he or she appoints) by the Board within such period from the date of payment by the Minister for Finance as may be specified by him or her after consultation with the Board.

(b) Money paid by the Minister for Finance under a guarantee to which paragraph (b) of subsection (1) applies shall be repaid to the Minister for Finance (with interest thereon at such rate or rates as he or she appoints) by the subsidiary within such period from the date of payment by the Minister for Finance as may be specified by him or her after consultation with the subsidiary.

(5) Where the whole or any part of the money required by subsection (4) to be repaid to the Minister for Finance has not been repaid in accordance with that subsection, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

4 (6) Notwithstanding the provision of money under subsection (5) to repay an amount to the Central Fund, the Board or the subsidiary, as the case may be, shall remain liable to the Minister for Finance in respect of that amount and that amount (together with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to the Minister for Finance by the Board or the subsidiary, as may be appropriate, at such times and in such instalments as he or she appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable by him or her from the Board or the subsidiary, as may be appropriate, as a simple contract debt in any court of competent jurisdiction.

(7) In relation to a guarantee under this section in money in a currency other than the currency of the State—

(a) each of the references to principal, each of the references to instalments or other amounts of money, each of the references to interest and the reference to commission and incidental expenses in subsection (1) shall be taken as referring to the equivalent in the currency of the State of the actual principal, the actual instalments or other amounts of money, the actual interest or the actual commission and incidental expenses, as may be appropriate,

(b) the reference to the amount of money in paragraph (c) of subsection (3) shall be taken as referring to the equivalent in the currency of the State of the actual amount of money, such equivalent being calculated according to the rate of exchange for the time being for that currency and the currency of the State, and

(c) each of the references to money in subsections (4), (5) and (6) shall be taken as referring to the cost in the currency of the State of the actual money.”. —An tAire Comhshaoil, Pobail agus Rialtais Áitiúil.

22. In page 10, to delete lines 31 to 54 and in page 11, to delete lines 1 and 2. —Brian Stanley.

23. In page 11, between lines 2 and 3, to insert the following:

“Provision of 14.—(1) All money from time to time required by the Minister for Finance to meet moneys for sums which may become payable by him or her under section 13* shall be advanced payments out of out of the Central Fund or the growing produce thereof. Central Fund. (2) The Minister for Finance may, for the purpose of providing for advances out of the Central Fund under this section, borrow on the security of the Central Fund or the growing produce thereof any sums required for that purpose and, for the purpose of such borrowing, he or she may create and issue securities bearing interest at such rate and subject to such conditions as to repayment, redemption or any other matter as he or she thinks fit, and shall pay all sums so borrowed to the Exchequer.

(3) The principal of, and interest on, all securities issued under this section and the expenses incurred in connection with the issue of those securities shall be charged on and payable out of the Central Fund or the growing produce thereof.”. —An tAire Comhshaoil, Pobail agus Rialtais Áitiúil.

[*This is a reference to the section proposed to be inserted by amendment 21.]

24. In page 11, to delete lines 3 to 8. —Brian Stanley.

5 25. In page 11, to delete lines 9 to 16. —Brian Stanley.

26. In page 11, to delete lines 17 to 43. —Catherine Murphy, Brian Stanley.

27. In page 11, line 38, after “Oireachtas” to insert “to be subject to debate”. —Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

28. In page 11, between lines 43 and 44, to insert the following:

“17.—(1) In this section, “household” means any building which is used as a principal dwelling place by a person or persons.

(2) The subsidiary shall ensure that, in the exercise of its commercial operations, no charge shall accrue to it from the owners of households in respect of which it has installed meters for the first 400 litres of water recorded as consumed by a household on each such meter per day.

(3) The Minister may, on the expiration of sixty days after public notice shall have been given, change the measurement of water consumption referred to in subsection (2) to any measurement higher than 200 litres of water per day.”. —Catherine Murphy.

29. In page 11, to delete lines 44 to 48 and in page 12, to delete lines 1 and 2. —Brian Stanley.

30. In page 12, to delete lines 5 to 7 and substitute the following:

“18.—(1) Each Local Authority shall endeavour to put in place district metering systems across the area of the authority, that are capable of measuring water usage and wastage, and as can assist in efficient water management and in identifying faults, leaks or other deficiencies in the water distribution or sewerage networks.

(2) The functions of each water services authority under paragraph (f) of subsection (1) of section 32 of the Act of 2007 shall, in addition to being performable by a water services authority, be performable by a metering authority, only where they relate to district metering as outlined by the Local Authority, in co- operation with the National Water Framework Team, and references in any enactment or instrument under an enactment to a water services authority shall, to the extent that they relate to any such function, be construed as including references to a metering authority.”. —Brian Stanley.

31. In page 12, to delete lines 8 to 33. —Brian Stanley, Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

32. In page 12, to delete lines 34 to 43.

6 —Brian Stanley.

33. In page 13, to delete lines 1 to 6. —Brian Stanley.

34. In page 13, lines 5 and 6, to delete all words from and including “the” where it secondly occurs in line 5 down to and including “Reform” in line 6 and substitute “the Oireachtas”. —Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

35. In page 13, to delete lines 7 to 10. —Brian Stanley.

36. In page 13, to delete lines 13 to 16. —Brian Stanley.

37. In page 13, to delete lines 17 to 33. —Brian Stanley.

38. In page 13, between lines 27 and 28, to insert the following:

“(4) (a) This section shall not be commenced until such point as the Social Inclusion Division of the Department of Social Protection have carried out a poverty impact analysis study.

(b) Such a study will have regard to—

(i) whether the impact of the imposition of charges referred to in subsection (3)(a) would have any significant impact on the income levels within lower and medium income groups,

(ii) whether the impact of such charges referred to in subsection (3)(a) would be likely to cause deprivation,

(iii) whether the effect of the charge would be such as would cause people to be deprived of two or more of the items identified in the Survey on Income and Living Conditions (SILC) as indicators of poverty.

(c) The Minister shall have regard to such a study before commencing this section, and shall take appropriate measures to amend this legislation pursuant to such a study.”. —Brian Stanley.

39. In page 13, between lines 33 and 34, to insert the following:

“25.—(1) In this section “Group Water Services Scheme” means a scheme which provides a private supply of water, or a private waste water collection, treatment or disposal service, to the members of the scheme by means of a common or shared source of supply, or related distribution or collection network.

(2) A delay in the taking in charge of a group water services scheme by a water services authority shall not render that group water services scheme ineligible for continued public subsidy in respect of its operational costs, provided that such a scheme would otherwise qualify therefore.”.

7 —Tom Fleming.

40. In page 13, to delete lines 34 to 42 and in page 14, to delete lines 1 to 40. —Brian Stanley, Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

41. In page 14, to delete lines 41 to 44 and in page 15, to delete lines 1 to 20. —Catherine Murphy, Brian Stanley.

42. In page 15, to delete lines 21 to 45 and in page 16, to delete lines 1 to 4 and substitute the following:

“27.—Section 12 of the Local Government (Financial Provisions) Act 1997 is amended by the insertion of a new subsection (3):

“(3) Section 4 of the Local Government (Financial Provisions) (No. 2) Act 1983, is hereby amended by the substitution of the following subsections for subsection (1):

‘(1) Section 2 of this Act shall not apply to the following categories of persons—

(a) residents of a building vested in a Minister of the Government, a housing authority (within the meaning of the Act of 1992) or the Health Service Executive,

(b) households who, in the year in which the liability falls, if on that date are dependant on any of the following payments from the Department of Social Protection:

(i) jobseekers’ allowance, or

(ii) jobseekers’ benefit, or

(iii) one parent family payment, or

(iv) supplementary welfare allowance, or

(v) family income supplement, or

(vi) farm assist, or

(vii) old age non-contributory pension, provided the recipient is not also in receipt of an occupational pension, or

(viii) invalidity benefit, or

(ix) disability allowance, or

(x) disablement benefit, or

(xi) blind pension,

8 (c) persons who, in the years 2013, 2014, and 2015, is able to satisfy the relevant local authority that he or she has not been able to pay more than 75 per cent of his or her mortgage repayments in the preceding year on their residential property.”. —Brian Stanley.

43. In page 15, to delete lines 21 to 45 and in page 16, to delete lines 1 to 4. —Catherine Murphy.

44. In page 16, to delete lines 5 to 11. —Brian Stanley.

45. In page 16, to delete lines 12 to 21. —Brian Stanley.

46. In page 16, line 28, after “Oireachtas” to insert “for debate”. —Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

47. In page 16, lines 37 and 38, to delete all words from and including “the” where it secondly occurs in line 37 down to and including “Resources” in line 38 and substitute “the Oireachtas”. —Barry Cowen, Niall Collins, Éamon Ó Cuív, Michael Moynihan, John Browne, Micheál Martin, Charlie McConalogue, Brendan Smith, Robert Troy, Dara Calleary, Seán Ó Fearghaíl, Michael P. Kitt, Seamus Kirk, Seán Fleming, Michael McGrath, John McGuinness, Billy Kelleher, Timmy Dooley, Willie O'Dea.

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