<\/span><\/h3>\nThe Water Services Act 2013 provided for the establishment of Irish Water.\u00a0 It is \u00a0a subsidiary of Bord G\u00e1is \u00c9ireann.\u00a0 It is established under the Companies Act.<\/p>\n
Irish Water was incorporated in July 2013 as a semi-state company under the Water Services Act 2013.\u00a0 It is to provide water and wastewater services as a single national provider.<\/p>\n
As Uisce \u00c9ireann (Irish Water) will took over local authority water services from 1 January 2023, it will be necessary to rebrand relevant local authority vehicles and premises with the Uisce \u00c9ireann logo.<\/p>\n
\u00a0<\/em>Irish Water is incorporated as a private company under the Companies Act.\u00a0 The Minister for the Environment, Community and Local Government may issue directions to Irish Water requiring it to comply with government policies as specified.\u00a0 The consent of the Minister for Communications, Energy and Natural Resources is required.<\/p>\n<\/span>Organisation<\/span><\/h3>\nThere are standard provisions in the legislation for recruitment of staff, maintenance of superannuation plans, including provisions relevant to former local authority employees.\u00a0 The Minister may make payments to Irish Water in relation to superannuation and the cost of members of staff accepted into the employment of Irish Water.<\/p>\n
The Minister of the Environment Community and Local Government with the consent of the Minister for Finance is to consent to the terms of the Memorandum and Articles of Association of Irish Water.\u00a0 Bord G\u00e1is \u00c9ireann holds one share, and 50% of the remaining shares are issued to each of the Minister for the Environment and the Minister for Finance, respectively.\u00a0 The shares issued to the ministers are non-voting shares.<\/p>\n
Bord G\u00e1is \u00c9ireann may not dispose of its shares without the consent of the Minister for Environment and Minister for Finance.<\/p>\n
The detailed Memorandum and Articles of Association are to be approved by the Minister for the Environment, the Minister for Communications and the Minister for Public Expenditure and Reform.\u00a0 There are various provisions written into the Memorandum and Articles in relation to the offices of director.\u00a0 There are restrictions on director\u2019s holdings certain incompatible offices.\u00a0 There are statutory obligations on directors to disclose interests.<\/p>\n
There are also statutory obligations on employees of the new company who have a material interest in any contract or arrangement proposed to disclose the same to the company.\u00a0 They are not to take part in any negotiations or deliberations whatsoever in relation to the contract or arrangement.\u00a0 They are not to influence or seek to influence any decision relating to the matter.\u00a0 This does not apply to employment contracts.<\/p>\n
There are statutory restrictions on disclosure of confidential information binding on directors\/consultants and advisors.<\/p>\n
The 2014 Act made a number of amendments to \u00a0pensions provision in respect of Irish Water.\u00a0 Irish Water is confirmed not to be liable for past service of officers of the Minister or local authorities, other than due the effect of any increase in pension or remuneration by Irish Water.\u00a0 The cost of pension provision for \u00a0past service for such employees remains funded by State.<\/p>\n
<\/span>Finance<\/span><\/h3>\nThe Bord G\u00e1is \u00c9ireann may borrow monies with the consent of the Ministers for the Environment, Communication, Energy and Natural Resources, Finance and Public Expenditure.\u00a0 The subsidiary may borrow money with the consent of the various ministries.\u00a0 Aggregate borrowings are not to exceed \u20ac500 million.<\/p>\n
The Minister may make grants out of public monies to Bord G\u00e1is \u00c9ireann, Irish Water or the Commission for Energy Regulation.<\/p>\n
The consent of the Minister for Environment and Public Expenditure is required in respect of capital expenditure above certain limits.\u00a0 This is specified by the above ministers from time to time by order.<\/p>\n
The Irish Water has power to borrow money with \u00a0the consent of the Minister for Environment, Communications; Minister for Finance and Minister for Public Expenditure.\u00a0 The aggregate amount of value is limited to \u20ac2 billion.<\/p>\n
The Minister for the Environment may make grants to Irish Water or the CER.\u00a0 In determining the provision of a grant, the Minister may consider the investment plan provided by Irish Water.<\/p>\n
<\/span>Accounts<\/span><\/h3>\nThe Irish Water is to keep proper accounts of income and expenditure and of all other money spent and received.\u00a0 Special accounts are to be kept in such form as the Minister for the Environment shall direct with the consent of the Minister for Communications, Energy and Natural Resources and the Minister for Public Expenditure.<\/p>\n
There is provision for submission of audited accounts annually to the Minister who shall lay them before the Oireachtas.\u00a0 The Irish Water is to prepare a report in the performance of activities in the area of water supply in the previous period annually.\u00a0 The Minister is to lay the report before the Oireachtas.<\/p>\n
Irish Water began to take over the responsibilities of local authorities in water and sewage areas in January 2014.\u00a0 It was to be fully established by 2019, by which stage it was expected to be responsible for the operation of public water services, including<\/p>\n