asked the Minister for Local Government if he is aware that (a) residents in the extra-municipal district have been charged for domestic water supplies at a rate of 2/- in the pound on the PLV, (b) Dublin Corporation has recently been advised that it has no legal means of enforcing a charge in excess of 1/3d. in the pound on the PLV for water supply, and (c) the Corporation has refused to refund the excess sums charged on residents, or refused to grant credit to persons so charged; and if in view of the hardship and illegal charges which have been made heretofore he will arrange for the Corporation to refund the excess charges or to allow credit to the residents so assessed.
Ceisteanna—Questions. Oral Answers. - Charges for Domestic Water Supplies.
62.
I am informed that in the areas referred to, Dublin Corporation charged a rate of 2/- in the pound in respect of water supplied by them in pursuance of agreements entered into by the consumers to pay an extra charge of 9d. in the pound over and above the one shilling and threepence limit authorised by the Dublin Corporation Waterworks Act, 1861. The extra charge was intended to meet the cost of production and distribution of water, which has greatly increased since the limit was set over a century ago. A number of consumers have refused to pay the extra charge and the Corporation have not found it possible to enforce payment. I am not aware of any hardship caused by the extra charge but, in any event, I have no power to intervene in the manner suggested.
Does the Minister not think that the action of the Corporation in attempting to enforce a charge in excess of the statutory limit was a breach of the existing statutory law and that, while the Corporation has asserted this was a voluntary contribution, in actual fact they attempted to exact a sum in excess of the statutory limit and credit should be given to the ratepayers who paid over and above the fixed rate?
I am afraid I have nothing to add to what I have already said. The payment over the limit fixed by statute is, in fact, in consequence of an agreement entered into. That is the information at my disposal. Looking at the matter in that light there is a somewhat different complexion on the case than would appear from the inferences to be drawn from the Deputy's question.
Whatever about certain ratepayers, the majority entered into no agreement but were assessed at the higher rate. In some cases they refused to pay it. If they did not enter into an agreement and the Corporation tried to enforce the illegal charge, will the Minister now make representations to the Corporation to refund this charge or allow those so charged credit for it?
Apart from the normal representations the Deputy is free to make—I am sure he is making them— using any power I have would not get us anywhere so far as this matter is concerned.
Ministerial influence might carry more weight.
It might have the opposite effect.
It depends on the Minister.
It depends on the case.