Minister O’Brien welcomes the commencement of Water Services Act and introduction of Uisce Éireann
From Department of Housing, Local Government and Heritage
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From Department of Housing, Local Government and Heritage
Published on
Last updated on
The Minister for Housing, Local Government and Heritage, Darragh O’Brien, has signed the necessary orders to commence the Water Services (Amendment) Act 2022 which marks a number of important milestones in the evolution of Irish Water and a significant development for Ervia.
Minister O'Brien said:
"The separation of Uisce Éireann from the Ervia Group is in the best strategic interest of the water services and this coming New Year’s Day (1 January 2023) is an important day for both Uisce Éireann and Ervia-Gas Networks Ireland.
“The enactment and commencement of the Water Services (Amendment) Act 2022 gives effect to the Programme for Government commitment to retain Irish Water in public ownership as a national, standalone, regulated utility."
On 31 December 2022, the name of the company, Irish Water will change and it will be known in the future, only as Uisce Éireann.
On 1 January 2023, Uisce Éireann becomes the standalone national authority for water services and it is separated from its parent, Ervia. New share ownership arrangements take effect on 1 January with the shares in Uisce Éireann solely held by both the Minster for Public Expenditure and Reform and the Minister for Housing, Local Government and Heritage.
Minister O’Brien wished the Chief Executive Officer of Uisce Éireann, Niall Gleeson all the best within the new structures and he expressed his appreciation for the hard work and commitment of all Uisce Éireann staff.
A new non-executive Board of Uisce Éireann also comes into effect on 1 January with these appointments having been made by the Minister for Housing, Local Government and Heritage with the consent of the Minister for Public Expenditure and Reform. Significantly the Irish Congress of Trade Unions is now statutorily represented on the Board of Uisce Éireann.
Minister O'Brien congratulated the Chairperson of Uisce Éireann, Tony Keohane and his fellow Directors of Uisce Éireann and wished them well in their endeavours on the new Board.
The Ministerial appointments to the Boards of Uisce Éireann (and to Ervia) are listed in the Editors note below.
The commencement of the Act facilitates revised accountability and auditing arrangements for Uisce Éireann. From 1 January 2023, Uisce Éireann will be subject to a dual audit by both the Comptroller and Auditor General and its commercial statutory auditor under the Companies Acts. Most notably, Uisce Éireann will be accountable to the Public Accounts Committee from 1 January 2023.
Minister O'Brien emphasised:
"This increased levels of accountability and transparency are commensurate with the level of Exchequer funding of Uisce Éireann. The Public Accounts Committee is considered best placed to hold Uisce Éireann to account, to consider the transparency and accountability of Uisce Éireann and its performance. This will result in a clear line of accountability for Uisce Éireann."
The enactment and commencement of the Water Services Act concludes a long and complex journey involving a number of stakeholders most especially key government departments, NewERA, the Comptroller and Auditor General and importantly Ervia and Uisce Éireann. This reorganisation was a complex process, including revisions to Uisce Éireann's Constitution, new internal structures, pension arrangements as well as the movement of staff from Ervia to Uisce Éireann.
The Minister complimented the efforts, in particular of all those staff affected who facilitated the separation process and conveyed his gratitude for the hard work and commitment of the Chief Executive Officer of Ervia-Gas Networks Ireland, Cathal Marley and all staff of Ervia-Gas Networks Ireland.
The Minister also took the opportunity to congratulate Kevin Toland, the new Chairperson of Ervia and his fellow members of the Board of Ervia. The Minister also wished them well in their endeavours on the Board. The Minister looks forward to the early progression of the Gas (Amendment) Bill 2022 which will facilitate the integration of Ervia into Gas Networks Ireland. This legislation is being progressed by the Minister for the Environment, Climate and Communications. The Minister hopes that this will be achieved as early as possible in 2023.
The Minister for Housing, Local Government and Heritage signed a Commencement Order on 15 December 2022 appointing different dates on which specified provisions of the Water Services (Amendment) Act 2022 come into operation; there are different commencement dates for different sections/parts of the Act.
The Minister for Housing, Local Government and Heritage also signed an Appointed Day Order (under section 6 of the Act) and it appoints the 1st day of January 2023 as the Appointed Day for the purposes of the Act.
The Minister for Housing, Local Government and Heritage also signed a Dissolution Day Order (under section 27 of the Act) and it appoints the dissolution date for the Water Advisory Body as the 28th day of April 2023.
The Minister for Housing, Local Government and Heritage is the majority-shareholding Minister for Ervia, a commercial semi-state body. Ervia is responsible for delivering strategic national infrastructure in the areas of water and gas. Irish Water ceases to be a subsidiary of Ervia with effect from 1 January 2023.
In 2013, Irish Water was established as a subsidiary of the then Bord Gáis Éireann.
In July 2018, the government decided that Irish Water would become a standalone, publicly owned, commercial, regulated utility separated from the Ervia Group during 2023.
In October 2020, the government decided that Ervia would be integrated into Gas Networks Ireland so as to become the single entity, Gas Networks Ireland.
Members of the Ervia Board have been reassigned to the Uisce Éireann Board so as to ensure continuity and the provision of appropriate experience on both Boards. Four members of the Ervia Board were reassigned to the Uisce Éireann Board and 5 members of the Ervia Board, along with the Ervia CEO remain on the Ervia Board. The vacancies on both Boards including the Chairperson of the Ervia Board have been filled following a recent Public Appointments Service competition.
The Ministerial appointments to the new Board of Uisce Éireann (10 directors), which take effect on 1 January 2023 subject to the commencement of the relevant provisions of the Water Services (Amendment) Act 2022 are as follows:
(40% of the Directors are female)
The Ministerial appointments to the new Board of Ervia (9 members), which take effect on 1 January 2023 subject to the commencement of the relevant provisions of the Water Services (Amendment) Act 2022 are as follows:
(40% of the Members are female)