Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

First, we must remember that the single largest issue raised in submissions to the expert group on the future funding of water was that of public ownership. Even though ownership was not part of the group's original terms of reference it has made a recommendation for us to consider. It is in that context that we are having this discussion. I agree with Deputy Alan Farrell and Senator Paudie Coffey that our job is not to get into the detail of the legislation but to deal with the principle of whether there should be constitutional protection. That is what we have been asked to consider.

It is also important to remember that significant parts of the public water service delivery system have already been privatised. We already have a very significant number of design-build and design-build-operate treatment plants and the Government is tied into those contracts, at a cost, for periods of between 15 and 25 years. That is an important part of our deliberations.

I had expected more from Ms Graham's presentation about the basis upon which the Department believes there are wording challenges or unintended consequences. That is not in her submission. Is it the Government's view that private bore holes, private group water schemes or privately owned land on which public water infrastructure sits is part of the public water system or could be considered thus and if so, what is the legal basis of its concern, whether in Irish or European law? That is my first question for Ms Graham.