Willie O'Dea (Limerick City, Fianna Fail) | Oireachtas source

I note that during his submission, Mr. Ó Tuathail referred to the fears of Right2Water that Irish Water would be privatised. Those fears are not exclusive to Right2Water. I think everybody around this table from all parties and none all agree that Irish Water should be kept in public ownership. Fianna Fáil certainly agrees that this should be the case, which is why we were prepared to support Deputy Joan Collins's Bill with the amendment that has been read out. We would have supported it had it been opposed. It is also reflected in the supply and confidence agreement.

I want to clarify one or two points. I agree that legislation can be changed by any future Government so legislative protection is not the level of protection we envisage for Irish Water. A constitutional amendment is appropriate and is the right direction to go. Ms Graham referred to the alienation of assets, which the 2007 Act prevented. My understanding of some of the information I read - perhaps I did not read it slowly enough or did not give enough time to it - is that this Act was overruled by the later legislation which does not prevent the alienation of assets. If that is the case, the legislative protection is a joke because all that is prevented in the alienation of shares - about €100 million - whereas the valuable assets can be freely transferred. Irish Water was set up in certain way with the intention that it would be able to pass the EUROSTAT test and be able to borrow off balance sheet so that the borrowings of Irish Water would not be reflected in the State's debts. It has failed the EUROSTAT test and, in my opinion, there is no possibility in the foreseeable future that it will pass it.

Would it not be a better solution to remove Irish Water from the status of semi-State company and turn it into some sort of agency of the State? That would obviate the need for a constitutional referendum and all of the unintended consequences that might ensue therefrom. If we pass a constitutional referendum along the lines Mr. Ó Tuathail outlined, will that in any way prevent Irish Water entering into public private partnership arrangements or hiring private contractors to do some of its work?