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Serious Questions Demand Enquiry

March 17, 2015

 

Buncrana Against Irish Water Call For Immediate
Enquiry

Serious and far reaching information has been unearthed by the local campaign
group Buncrana Against Irish Water. The group has studied this information in
great detail for some time and now believe that its time the citizens and residents of the Inishowen
peninsula have a right to know whats happening in their name.
1. 52,000 water stopcocks have gone missing in County Donegal and no one has any idea where they
are.
2. Many lengths of water mains are running through private property . In Buncrana the areas include
Lisowen Green, Lisowen Ave, the Duck Row. These areas are private property and cannot be accessed
without the permission and co-operation of the landowners.
3. Water piping and associated infrastructure belonging to group water schemes are buried on private
land. Again no one can access these without the co-operation and permission of landowners. Group
water schemes in the Buncrana area like Tullydish, Clonglash, Ballymagan and Sledrin.
4. In Buncrana alone private estates that are not taken over by the local authority include, The
Hawthorns, The Woods , Connaberry, Mulberry Ave, Cloncool, The Meadows, Burwood, Summer
Hill, Elm Park, St Johns Park, Ard na Greinne Mannor, Riverside Straboe, Oakfield Cresent, Oakfield
Court, Lisowen Court, Hillview, Sandeymount, and Allendale. Residents in these estates can refuse
Irish Water entry. They can stop Irish Water tampering with their property and installing water meters.
These revelations question how much information the Government and Irish Water are not telling us?
How much are they brushing under the carpet? The Irish people have been misinformed and
hoodwinked right from the outset into believing what Irish Water and our Government are doing is
bona fide. However, on a daily basis we are finding out about further discrepancies, half truths and
misinformation. We can only conclude that what they are doing is highly suspect.
Irish Water's modus operandi is based on the Water Services Acts of 2007 and 2013. Both Alan Kelly,
Minister for the Environment and officials from Irish Water quote various sections of these acts to
justify entering your property and installing meters. Irish Water would have you believe that they have
an automatic right under these acts to do this. That is not true. If you are assertive, according to law
and your constitutional rights, you can refuse Irish Water permission to enter your estate, land or
dwelling, to tamper with your property and to install meters. This includes all private estates, land,
property like those mentioned above. Irish Water and the government are relying on householder's
silence, their fear, their lack of knowledge and their inability to afford legal fees to get meters installed
as quickly as possible.
Your constitutional rights in relation to private property, the family and control of essential resources
are sacro sanct and no amount of subsequent legislation allows them to be superseded. If Irish Water
persist in attempting to enter your estate/property and you refuse entry, they must, under the law, take a
case to a court of law for determination. Bulldozing over the rights of the people is not acceptable. For
this to be going on for months all over Ireland is totally unacceptable in a democratic society. In
Maurland Estate in Carrigaline, Cork, one of the main private estates, the residents refused Irish Water
permission to enter their estate. Irish Water did not go into Maurland Estate and they did not seek a
court order.
Alan Kelly, Minister for Environment and Irish Water refer to sections of the Water Services 2007 and
20013 Acts and say that Irish Water are able under law to enter estates and install meters and that they
do not need resident/owners permission to do so. In an email to a local TD, minister Kelly said
“Section 72 also provides Irish Water with the authority to access, install, read, repair or replace a
water meter.” However, the part of the Water Service Act 2007 which is not referred to is Section 22.
(3) which states “An authorised person shall not, other than with the consent of the occupier, enter into
a private dwelling under this section unless he or she has obtained a warrant from the District Court
under subsection (8) authorising such entry”.
Our Government and Irish Water never mention our constitutional rights such as Article 41-1 1, (The
state recognises the family possessing inalienable and impresciptible rights antecedent and superior to
all positive law) or Article 45-2 (iii), (ownership and control of essential commodities) or Article 40-5,
(the dwelling of every citizen is inviolable).
Other questions in law which are ignored are, The Family Home Protection Act, 1976, (defination of a
dwelling), The Housing (Misecllaneous Provisions) Act 2002, Section 19C, (prohibits entry to your
land), The Criminal Justice (Public Order) Act, 1994 sec 13- (1),( trespass) and The Sale of Goods
and Supply of Services act, 1980 Section 47, (Miscellaneous, Unsolicited Goods).
Buncrana Against Irish Water demand an immediate enquiry into this very disturbing state of affairs.
We believe the people of Ireland deserve a detailed explanation to what is a very serious and disturbing
situation. Immediate clarity is called for. We demand that Irish Water stop their metering programme
immediatley until it is reviewed by an impartial, independent body. We now call on all our elected
representative in Inishowen and elsewhere to back us in this demand.
Buncrana Together March 2015


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