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 Jan O'SullivanJan O'Sullivan (Limerick City, Labour) | Oireachtas source

We are in favour of a referendum not because any particular pressure group is in favour of a referendum, but because the general public, whom we represent here, are in favour. There have been clear expressions of concern at the possibility of privatisation. Deputy Ó Broin made the point that the majority of submissions have raised this issue. It is on that basis that I want to state clearly that we are in favour of a referendum. In that context, the specific wording of the proposed amendment that is going before the committee, while it is a matter for that committee, we must be satisfied that that wording would achieve what we want to achieve. As I understand it the wording concerns the protection of the water system. I am concerned that we accurately define what we mean by that. Is it the assets and the infrastructure? Does it protect the utility as it is now and therefore tie people's hands to change the nature of Irish Water into the future? My concern is to protect the assets and the infrastructure.

I challenge Mr. Ó Tuathail. The Minister has every right to consider possible amendments, but so do the rest of us. We actually have a duty to scrutinise legislation, to look at it on Committee and Report Stages, and if we think that the wording is inadequate then we all have a duty to propose amendments. I want to make that point clearly. We may not agree with the exact wording of Deputy Joan Collins. We agreed it on Second Stage but we may not agree with the exact wording. That is our duty as public representatives. That does not mean that we are not absolutely in favour of a constitutional referendum being put to the people. My concern about wording is that we have to make sure that it does what we want it to do, which is to protect the assets and the infrastructure not necessarily tie down the utility in stone as it exists today.

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