Pat Gallagher (Donegal South West, Fianna Fail)

The purpose of section 99 is to ensure the Water Services Act is not at any stage an impediment to the implementation of responses to situations of an emergency nature affecting the national interest. Such provision may be needed from time to time, for example, in situations such as arose during the foot and mouth disease crisis some years ago, when statutory obligations to carry out certain monitoring or inspection functions may be contrary to the national interest. In containing the spread of disease by minimising the instance of entry onto land, it is envisaged that the provisions of section 99 would only be used in rare or exceptional circumstances which resulted in the Houses of the Oireachtas being sufficiently concerned to bring an order under this section into effect in the first instance.

The procedures under the section are fully transparent and allow for maximum possible accountability via the Houses of the Oireachtas before an order is made. To this end, therefore, section 99(3) provides that a draft order must be laid before each House of the Oireachtas and that the order shall not be made until each House has passed a resolution to approve it. The process proposed, therefore, subjects every order to full due democratic process before it is made.

I reiterate this will only be used in rare and exceptional circumstances and it will be a matter for both Houses to decide. The value of this section will only come to light in the event that its provisions are needed. While we hope they will not be, we are realists and realise they may be. In the meantime, it is essential that section 99 is retained.