Seanad debates
Thursday, 1 July 2004
Water Services Bill 2003: Report and Final Stages.
1:00 pm
Pat Gallagher (Donegal South West, Fianna Fail)
I made it clear on Committee Stage why it is necessary to include this section in the Bill. Section 100 clearly removes any possibility of old, obscure legislative provisions being used to undermine the intent of this Bill. It prevents such provisions from being used to impose legal technicalities on the service. Much of the old legislation dates from the 18th or 19th century, but some, as I stated the last day, goes back to the 13th century — 1258, to be precise. This Bill draws a line to establish the Water Services Act as the definitive water services legislation which will eclipse all other such legislation.
I am aware of the detailed research carried out by the officials in my Department which led to this Bill. They worked extremely hard to unearth the old Acts affecting water services, some of which are centuries old. We may all be surprised if something is unearthed, but if it is, section 100 will ensure it does not have any effect. It is possible, going back all those centuries, that obscure local Acts remain in place. We do not want any attempts to interfere with this legislation. Section 100 is necessary as a safety valve. It will prevent the use of any subsequently discovered legislation to derail the new Act. In the circumstances, I do not regret I am unable to accept the amendment. To do so would not be in the public interest or that of the Oireachtas.
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