This amendment ensures that the agency has discretion in granting a licence to abstractors who have come to its attention for breaches of a licence where the agency, in its expert opinion, believes that such breaches do not warrant outright refusal of a future licence. In some cases, these breaches will be minor and amenable to simple rectification through the standard enforcement actions. It should be noted that this will include large bodies, in particular Irish Water, which, by the nature of its work as well as …

These insertions correct a drafting omission that, if uncorrected, would result in instances where an impoundment that was not previously subject to a joint licence was omitted from the requirements of the subsection. This insertion is required to ensure the protection of the environment as well as the conditions of existing licences reliant on a given associated impoundment. Subsection (5) requires that, in cases where the impoundment being relied on for the purpose of a joint licence is the subject of an existing…

The powers in section 61(2)(d) and (e) are based on section 13 of the Water Supplies Act 1942 and must be retained in their full form in this Bill to allow for the 1942 Act to be repealed. Furthermore, the exercise of these powers is subject to an objections procedure provided for in sections 64 to 68, inclusive, and the compensation provisions in sections 69, 72 and 82. The objections procedure will allow any person to challenge the powers of Irish Water to exercise its right to carry out a public abstraction. On …

A timeframe of 52 weeks is included in the Bill to ensure that all claims are submitted and dealt with in an appropriate timeframe. Any claim for compensation under this section can be made only after the abstraction has commenced. Any person who believes he or she may be entitled to compensation has the duration of the licence application process, plus the additional 52 weeks provided in section 69, to determine if there has been a material impact on their rights, title or interests in respect of water. This is co…

The provisions of the Bill are considered sufficient to provide for adequate compensation relating to any material impact arising from public abstractions, both permanent and temporary. There is no need for the development of a national compensation claims protocol related to material impacts arising from public abstractions. During the development of the Bill, due consideration was given to all potential compensation claims that could arise as a result of abstractions undertaken in accordance with this legislation…

That is a useful suggestion but it is beyond the scope of the Bill. Having said that, I acknowledge and recognise the legitimate concerns Senator Boyhan has raised, and they can be reconsidered at a later time.

This amendment corrects a drafting error to put the Acts listed in order of date.

This amendment is included to enable the Minister to contact directly persons who may be affected by an order exempting Irish Water from the requirements of all or any provision of Part 5 owing to a civil emergency under the EIA directive. When making an application for such an exemption under section 80, Irish Water will be required to furnish the Minister with the contact details of owners or occupiers of affected land and persons whose rights may be affected in respect of the water to which the proposed abstract…

This amendment has been drafted to bring clarity to the provisions of section 83 relating to abstractions by Irish Water from reservoirs of the ESB. It ensures that the ESB shall not be held liable for the effects of an abstraction that it has permitted from one of its reservoirs but that it is not undertaking itself.

The amendments will correct clerical inaccuracies in the text. Regarding amendment No. 22 and section 96(1)(c), "exercise all or any of the powers" is the correct phrase given section 95, the section referenced, provides for the powers of authorised persons rather than their functions. Amendment No. 23, to the chapeau of section 96(2), will correct a clerical error whereby reference should be to the exercise of the powers of the authorised person in general under Part 9 regarding enforcement, rather than specifical…

I move: That Dáil Éireann approves the following Regulations in draft: Planning and Development (Exempted Development) (No. 4) Regulations 2022, a copy of which has been laid in draft form before Dáil Éireann on 2nd November, 2022.

Before I deliver my closing speech, I will address a couple of points raised. On Deputy Connolly's question regarding the report, the Galway task force will follow that up for her. A couple of Deputies have mentioned an overreliance on HAP. That is something the Government is addressing by trying to reduce that overreliance. On Deputy Wynne's point, the wording for the referendum on housing is being formulated at present. A number of Deputies raised the issue of modular homes during the part of the debate I attende…

On behalf of my colleagues, the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, and the Minister of State, Deputy Peter Burke, I welcome the opportunity to speak on the important issue of our capital city. I wish to inform the House of my Department's policy initiatives in Dublin city, including local authority funding, emergency services and housing. Like all local authorities, Dublin City Council is an independent statutory body with reserved functions vested in its elected members, a…

On behalf of the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, I am happy to have the opportunity to outline before the Seanad the Water Services (Amendment) (No. 2) Bill 2022. The purpose of the Bill is to separate Irish Water, otherwise Uisce Éireann, from its parent company, Ervia, and to establish it as the stand-alone national authority for water services. The Bill delivers on the programme for Government commitment to retain Irish Water in public ownership as a national stand-al…

I will try to address the points raised and I thank the Senators for their positive comments and support for this very important Bill. Senators Boyhan, Moynihan and a number of others raised the issue around workforces in local authorities. Assurances are there for the protection of staff in transition with regard to compulsory transfer. Although this Bill does not deal with that, assurances are given. A referendum was sought by the unions and we will work with the Opposition to bring about such a referendum. It is…

I move amendment No. 1: In page 5, line 20, after “provisions” to insert “and for the repeal of different enactments or provisions of enactments effected by section 5 ”. These are technical amendments to existing schedules for appealing certain enactments.

This proposed amendment by Deputy Cian O’Callaghan relates to the information that is to be collected and made available by Tailte Éireann under a new section 8. I understand the intention of this amendment is that Tailte Éireann would commission a report to explore the feasibility of expanding the register to include an additional set of land and non-residential property information. The intention of this Bill is to bring about the merger of the Property Registration Authority, Ordnance Survey Ireland and the Valu…

I recall that the Deputy has raised this matter a considerable number of times. It is an important point and I can give a commitment that the Minister will give consideration to it. However, the important element is the establishment of Tailte Éireann first. I believe the Minister will then give consideration to the Deputy's request.

I cannot accept this amendment. Section 28(5) of the Valuation Act 2001, as amended, provides for the completion of revision applications within six months of the making of a valid application. The section has not yet been commenced. The Valuation Office is mindful of the backlog of revision cases from local authorities and third parties. Measures to address the backlog effectively need to be in place before section 28(5) can be commenced. Options to address the backlog continue to be considered and the Valuation O…

I accept the valid points made by the Deputy on community needs and urban regeneration, which is critical. The Valuation Office is engaged in a national revaluation programme, the immediate objective of which is to ensure the first revaluation of commercial and industrial properties in all rating authority areas in over 160 years is conducted across the country as soon as possible and on a phased basis. Substantial progress has been made in this regard. The latest part of the programme is known as Reval 2023 and co…