Mr. Séamas Ó Tuathail:

I am very disappointed at the outcome so far. My function is to deal with the constitutional amendment which is in the Committee Stage phase. I am here to explain the reasons the amendment is necessary in view of public concern about the possible privatisation of water and to give such detail, as is appropriate, on the placing of the particular amendment to the Constitution in the article in which it is proposed to insert it. This is the article dealing with the Government position on possible privatisation.

I will read the amendment into the record, in both languages. The proposed amendment is to the Schedule to the Bill which as pointed out by Ms Graham is awaiting Committee Stage consideration. I note Ms Graham has also said that the Minister may want to bring forward other amendments on Committee Stage, which I appreciate. I am grateful to Ms Graham for alerting us to that possibility. However, any such proposals could only be a watering down of the existing proposal. The amendment is to be inserted into Article 28 as Article 28.4.3 of the Constitution, which will displace two of the existing Articles. The text of the proposed amendment to the Constitutions reads:

3° Beidh an Rialtas go léir le chéile freagrach as an gcóras uisce poiblí a chosaint, a bhainistí agus a chothabháil. Cuirfidh an Rialtas in áirithe, ar mhaithe le leas an phobail, gur faoi úinéireacht phoiblí agus faoi bhainistí phoiblí a fhanfaidh an acmhainn sin.

3° The Government shall be collectively responsible for the protection, management and maintenance of the public water system. The Government shall ensure in the public interest that this resource remains in public ownership and management.

The Right2Water campaign has obtained legal advice, mainly from myself, on the adequacy and correctness of the proposed amendment. As a proposal, I stand over it.

With the permission of the Chairman, I would like to comment briefly on Ms Graham's submission, but in my concluding remarks if that is helpful.