I propose to take Questions Nos. 1033 and 1055 together.
The Water Services (No. 2) Act 2013 requires Irish Water to charge its customers in respect of the services provided. The Act defines the customer as the occupier of the premises in respect of which the water services are provided. The Act also states that it will be presumed, unless the contrary is proved, that the owner of a premises is also the occupier of the premises.
Irish Water is currently undertaking a customer verification exercise to obtain the details of customers in receipt of services from Irish Water. This process gives tenants, including local authority tenants, the opportunity to apply and avail of their relevant allowances and this will continue until the deadline date for applications which has been extended to 30 November 2014. After this date Irish Water has advised my Department that it intends to initiate a further campaign to allow landlords, including the local authorities, to provide proof that their property is occupied by a tenant and that they are not the occupant. This will remove liability from the landlord in compliance with Section 21(5) of the Act. Irish Water has an on-going engagement with the Office of the Data Protection Commissioner and will ensure compliance with data protection legislation.
Section 21 of the Act provides that Irish Water may reduce or discontinue the supply of water to a premises where water charges in respect of the premises remains wholly or partly unpaid. However, Irish Water is prohibited from disconnecting a household from the water supply. Any disconnection or restriction must be in line with the water charges plan or an approved agreement under section 23 of the Act, both of which are subject to the approval of the Commission for Energy Regulation. Where a customer fails to pay a charge under this section, it shall be recoverable by Irish Water as a simple contract debt in any court of competent jurisdiction.
