€12,500 for boy who tripped on vandalised Irish Water meter

Finn Wallace cut his knee when he fell while playing outside aunt’s house in Co Wexford    

by Saurya Cherfi

A boy (11) who cut his left knee after tripping on a vandalised Irish Water meter has been awarded €12,500 damages. File photograph: Cyril Byrne/The Irish Times

 

An 11-year-old boy, who cut his left knee after tripping on a “vandalised” Irish Water meter, has been awarded €12,500 damages in the Circuit Civil Court.

Barrister John Nolan told the court that in November 2014 Finn Wallace was playing outside his aunt’s home at Middletwon Valley, Riverchapel, Courtown, Co Wexford, when his left foot was caught in the uncovered and broken water meter.

Mr Nolan told Judge James O’Donohoe that Finn, of Rose Glen Manor, Kilbarrack, Dublin, fell forward and lacerated the top of his knee.

The court heard the wound had been bleeding heavily and was cleaned and bandaged by Finn’s mother, Tracy Wallace. He was later taken to the Clannad Medical Centre in Dublin as the bandage continued to seep blood.

Counsel said the wound was again dressed and took several months to heal. Finn had not been able to play sports during that time.

Judge O’Donohoe heard the wound has left a permanent visible scar on Finn’s knee. Through his mother Tracy, he sued Irish Water for negligence.

Mr Nolan said Irish Water had made a €12,500 settlement offer and he recommended acceptance of it to court. He said liability may be an issue if the case went to a full hearing.

The court heard that Irish Water claimed the meter had been installed correctly but had been vandalised by a third party.

“If that defence holds, Finn would lose his case,” Mr Nolan said.

Judge O’Donohoe approved the offer.

Source: Irish Times, Dec 7, 2016


Irish Water stopped metering in Carrigmore Tallaght Dublin due to protest

Irish Water tried to install meters in Carrigmore Lawns in Tallaght, Dublin on June 28, 2016.  However this attempt by Farrens contractors was stopped by residents.  'We Won't Pay the Water Tax - Tallaght'  community group published a letter from Irish Water to Cllr Kieran Mahon who complained on behalf of the residents.   

The Tallaght group informed readers to "disregard the part in the letter about 'hostile protesters' because they said it is simply not true.  One of the points that readers should note is the point about 'advanced notice'.  Of course the main point is the use of peaceful protest against installations and the mobilisation of local communities."

The group ended by highlighting the last line in the letter where Irish Water stated " We can also confirm there are no further plans to return to Tallaght to install meter at the moment".  However, he Tallaght community group warned people to be vigilant.

Below is a letter from Irish Water to Councillor Mahon who represented the residents of Carrigmore Lawns.

Dear Councillor Mahon,

In response to your query on behalf of the residents from Carrigmore Lawns in Tallaght.

Irish Water is currently implementing Phase 1 of the National Metering Programme whereby water meters are being installed outside domestic residences on publicly-accessible land. The meters are being installed in line with the survey results as carried out by each Local Authority. Any properties that have been identified as suitable for a water meter and are scheduled for meter installations under the works programme are being notified a minimum of two weeks in advance of the meter being installed where practicable. The metering project team endeavours to provide further notification at least 3 days in advance of the installation. Irish Water and its contractors endeavour to meet this requirement where possible, however, there are occasions when works have to be re-scheduled at short notice.

Cllr Kieran Mahon, AAA

 

We can confirm that in that 10 properties in Carrigmore Lawns received D14 notices last week and D2 notices on the morning of the planned works, the 28th June. However, while attempting to install these 10 meters yesterday, our contractors encountered a very hostile group of protestors, they returned to site this morning to backfill the excavations, tidy up the area and put up barriers as they were prevented from doing this yesterday. The permanent reinstatement will be completed as soon as possible. We can also confirm that there are no further plans to return to Tallaght to install meters at the moment.
Yours sincerely,

Local Representative Support Desk

Original facebook article;  We Won't Pay the Water Tax-Tallaght


Irish Water discards guidance on cast iron meter housing

Utility says department’s guidelines ‘not binding’ for them and intended for builders

Workers install water meters in houses in the Fortlawn Estate near Blanchardstown, west Dublin. File photograph: Colin Keegan/Collins Dublin

Workers install water meters in houses in the Fortlawn Estate near Blanchardstown, west Dublin. File photograph: Colin Keegan/Collins Dublin

Irish Water has acknowledged installing plastic water meter boxes in place of cast iron boxes which are specified for use in driveways where cars may park on the lids of the meter housing.

The utility said it chose to disregard the Department of Environment guidance on water meter housing which specified a typically cast iron water meter box in places where a heavy load such as a car might park on the meter housing.

Head of asset management at Irish Water Jerry Grant told TDs and Senators 645,000 water meters had been installed since the current programme began and just 14 had been reported broken. In fact, he said, just 500 of the installed boxes were the specified ’grade B’, typically cast iron, boxes.

The overwhelming majority were ’grade C’ boxes made of plastic, which he said were perfectly safe and sturdy.

Mr Grant said the Department of Environment guidance was intended for builders and local authorities and was “not binding on Irish Water”.

He said tests carried out by the contractors employed by Irish Water had shown that the plastic boxes more than met the strength required to withstand the weight of a car.

He told the politicians at a meeting of the Joint Committee on Public Service Oversight and Petitions that a particular test was carried out in which a stone was placed on a plastic lid and a vehicle manoeuvred so that its wheel was on top of the stone. Mr Grant said the plastic lid did not crack but the test had to be abandoned for fear that the vehicle’s tyre “would explode”.

A Department of Environment spokesman confirmed that the specification did not carry the force of law, and was provided for guidance only.

Mr Grant said a company such as Irish Water with strong engineering capability could carry out its own analysis and tests and chose a preferred option other then that which was specified in guidelines.

However, Michael Healy-Rae TD produced two examples of the meter housing, a cast iron type B, and a plastic type C.

Plain to see

He said it was plain to see that that type B was stronger than type C. The cast iron boxes would not break, and it was equally plain to see the plastic boxes would break, he said.

Mr Healy-Rae also said it was the case that the radio signal which allowed the meters to be read from a passing van, could not penetrate the cast iron and he suggested this was a factor in Irish Water’s thinking.

Mr Healy-Rae TD also took issue with Irish Water’s contention that just 14 meter boxes had been reported broken, and many of these had related to issues of workmanship on installation. “Do you really believe that yourselves,” he asked.

Irish Water said the signal would pass through a cast iron cover, “the question would be what distance could the signal travel”.

Noel Harrington TD complained the plastic boxes and covers were made in Wales while a supplier of cast iron products from Co Offaly was prevented from securing the business.

At this point chairman of the committee Pádraig MacLochlainn TD ruled that all reference to the tendering for the meter boxes was out of order, as a legal case was being taken in relation to such matters. “It is subject to a court process,” he said.

Mr MacLochlainn said it was questionable that local authorities would have been expected to comply with guidance from the Department of Environment, but that Irish Water could be exempt.

He said members could submit more questions to Irish Water which the utility would consider over the course of the next week, reverting to the committee with answers.

Original Article Irish Times Wed 23 Sept, 2015