Oireachtas Joint and Select Committees

Wednesday, 25 January 2017

Joint Oireachtas Committee on the Future Funding of Domestic Water Services

Department of Housing, Planning, Community and Local Government and Mr. Séamas Ó Tuathail, SC

1:30 pm

Photo of Paul MurphyPaul Murphy (Dublin South West, Anti-Austerity Alliance) | Oireachtas source

For those who say they do not know anyone who favours the privatisation of water services and that all of the political parties are against it, I ask them to consider which political parties favoured a cut in the minimum wage in advance of the 2007 general election, the privatisation of Coillte and bringing in the IMF, etc. Those things have changed and, therefore, if people want protection then they must put it beyond politics and into the Constitution.

Deputy Farrell was correct when he identified the two potential mechanisms for privatisation. Whether one agrees, disagrees or wonders if it is possible, identifying them is useful. The first mechanism is to sell the share capital of Irish Water as an entity. The second mechanism is to prevent the assets underneath the share capital being transferred or borrowed against and leading to Irish Water ending up as a shell company. We need to establish here that there is inadequate protection, as things currently stand, for either of those vehicles of privatisation.

My questions are for Ms Graham. She said: "The Water Services Act 2013 places a clear prohibition on the shareholders of Irish Water from alienating their shares in the utility." Can a simple majority in the Dáil remove the prohibition by amending the legislation?

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