Independent local election candidate John O’Donnell is challenging Irish Water to clarify how it can charge customers for a service and product that is not fit for purpose. 
From the start of this year, Irish Water took over responsibility for the management of drinking and waste water services throughout the state.
The company now plans to charge for the services it provides, despite the fact that many communities across Donegal have an extremely poor water supply, which is regularly subject to boil notices.
O’Donnell is also questioning whether or not the landowners consent has been obtained for the abstraction of the water resource, as outlined in the Water Supplies Act 1942.
O’Donnell told Donegal Daily, “Irish Water is providing a service to the people of Donegal and, when you buy goods or services, you enter into a contract with the seller.
“Consumer contracts in this country are protected by the Sale of Goods and Supply of Services Act, 1980.
“Under this Act the purchaser of goods and services has a number of rights, namely that the product must be of ‘merchantable quality’, ‘fit for purpose’ and ‘as described’, i.e. the buyer must not be mislead into buying an inferior product or service.
“Likewise, people can expect that the supplier has the necessary skill to provide the service, the service will be provided with proper care and diligence, the materials used will be sound and that goods supplied with the service will be of merchantable quality.
According to O’Donnell, homes across Donegal have water that is neither of ‘merchantable quality’ or ’fit for purpose’, and he poses the question, how can Irish Water charge these homes?”
O’Donnell continued, “Why should people be expected to pay for water that is not fit for consumption? Take, for example, the town of Rathmullan, where I met local residents who voiced their frustration at years of neglect in relation to the quality of the area’s water supply.
“People cannot drink the water coming from their taps, yet they are expected to pay fees to Irish Water. If consumers are legally protected from purchasing inferior goods, then why should the purchase of water be any different?”
O’Donnell concluded, “€800 million has been spent on setting up Irish Water but there’s been no money paid towards the upgrade of a completely inadequate water service.
“It’s no wonder people are outraged. The government must ensure that Irish Water undertakes whatever work is required to deliver a proper and adequate service to the people of Donegal. To do otherwise, is simply ripping people off.”
Tags: