Noel Dempsey
Question:24 Mr. Dempsey asked the Minister for the Environment if he will make a statement on current Government policy in relation to local service charges and give an assurance that this will not change. [5082/95]
Ceisteanna — Questions. Oral Answers. - Local Service Charges.
Noel Dempsey
Question:44 Mr. Dempsey asked the Minister for the Environment if he will make a statement on current Government policy in relation to local service charges and give an assurance that this will not change. [5006/95]
I propose to take Questions Nos. 24 and 44 together.
As I outlined in my reply to question No. 1 on 2 February last, the law allows all local authorities to decide, at their absolute discretion, whether to levy charges for services and to determine the scale of such charges and the arrangements for their collection. The policy agreement A Government of Renewal, recognising the feeling of inequity about service charges, provides for the introduction of a special tax allowance for those who can show that they have paid their service charges on time. Details of this measure were announced by the Minister for Finance in his Budget Statement. I am at present examining, in line with the commitment in A Government of Renewal, the powers of local authorities to disconnect domestic water supplies for non-payment of charges and I will communicate with local authorities on the matter as soon as possible.
I am aware of the points made by the Minister in his reply to questions last month. We now find ourselves in the position where the programme for Government says one thing, the officials in the Department of the Environment have issued instructions to county councils and the Minister made a statement on local authority charges on 28 February or 1 March. The Minister said local authorities have absolute discretion on whether to levy charges and to determine the scale of such charges. Will he withdraw the instruction issued by the officials in his Department that there should not be disconnections until the changes are made in the laws as this is causing confusion among local authorities who do not know whether they can disconnect services? They do not know the official policy on this issue and in the meantime they are losing revenue.
The Deputy is giving less credence than I would to the ability of local administrators and members of local authorities to read the Programme for Government which is explicit. On the last occasion I took questions I dealt with this issue under the first priority question and nothing has changed since then. I reiterated the points I made then to the regional authority in the southeast. No instructions along the lines suggested by the Deputy were issued by my Department and the position outlined in the detailed response I gave to supplementaries on the last occasion I answered questions is still the same.
We have 12 minutes to deal with the remaining four Priority Questions. I wish to accommodate all the Deputies concerned and can only do so if we have brevity.
I am also anxious to accommodate them. The Minister does not seem to have heard what I said. Council officials who have 'phoned the Department have been told not to disconnect supplies. I want to correct a point he made. On the last occasion he took questions he did not say that only those residents who are able to pay charges should continue to receive a service. This is new information. Is it Government policy that water supplies should not be disconnected in cases where people have refused to pay the charges until the legislation is passed or can local authorities disconnect supplies if they so wish?
Local authorities have the power to disconnect supplies to people who have refused to pay charges. I made this clear on the last occasion I answered questions. My response to detailed questioning by the south-eastern regional authority encapsulates the essence of Government policy, that is charges are levied at the absolute discretion of local authorities, the individual householder who is faced with the charge is required to pay it and if they are not in a position to pay they should be given a waiver. In no circumstances should a person who cannot pay a charge be disconnected. The question of disconnection should arise only where a person who is in a position to pay refuses to do so.