Joan Collins (Dublin South Central, Independent) | Oireachtas source

I thank the committee for inviting Mr. Séamas Ó Tuathail, Ms. Treasa Brannick O’Cillín and me to appear before it today to begin the pre-committee scrutiny of the Thirty-fifth Amendment of the Constitution (Water in Public Ownership) (No. 2) Bill 2016 and the proposed constitutional amendment contained therein. This proposed constitutional amendment seeks to address significant concerns which have been strongly expressed by the public about the possible privatisation of public water services. The public have indicated their strong desire to have the public water supply protected from privatisation. This issue has been reflected as a matter of public importance in the report of the expert commission on domestic public water services which recommends constitutional protection from privatisation. The Joint Committee on the Future Funding of Domestic Water Services has also recommended that water should remain in public ownership and that a constitutional referendum should be held on that question.

It been recognised by both the expert commission and the Joint Committee on the Future Funding of Domestic Water Services that the appropriate means of addressing this issue is through our Constitution, as the people’s document. Constitutional protection can ensure that responsibility for the protection, management and maintenance of the public water system remains the responsibility of Government and that this key public resource remains in public ownership into the future. This also ensures the public interest can remain at the heart of decision-making into the future.

Providing constitutional protection also prevents the threat of a Government being strong-armed by an external authority or otherwise into transferring key assets and responsibilities to private interests. It essentially puts it off the table and ensures the public water system and access to it is secure and protected into the future on behalf of the people.

The proposed amendment is designed to clarify and copper-fasten State ownership of the public water system as distinct from privately owned and operated water systems in the form of group water schemes and private wells and boreholes. These privately owned water systems are not in public ownership.

The proposed amendment is also designed to clarify and copper-fasten the Government’s responsibilities in terms of protecting, managing and maintaining the public water system in the public interest. Greater levels of protection and accountability into the future will be achieved through the proposed amendment.