Oireachtas Joint and Select Committees
Thursday, 4 May 2017
Joint Oireachtas Committee on Housing, Planning, Community and Local Government
Thirty-fifth Amendment of the Constitution (Water in Public Ownership) (No. 2) Bill 2016: Discussion
9:00 am
Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source
I just wanted to follow up on Mr. Ó Tuathail's answer to that because it ties in with Senator Coffey's question. The first sentence of the amendment talks about the public water system. The word "system" here is very important.
Let us say there is an asset that is part of the system today but in the future is decommissioned and is no longer part of the system, as outlined by Senator Coffey. As the asset is no longer in the system, it is no longer covered by the amendment and there would be nothing to prevent Irish Water or another State agency from selling it on. That is my reading of the situation, which I ask Mr. Ó Tuathail to confirm.
I will be unfair to Mr. Ó Tuathail by asking for a "Yes" or "No" answer to my next question, which I acknowledge is difficult for a senior and eminent legal professional to say. The Department included in its response to us the following line: "unintended consequences that could impinge on individuals' [constitutional] rights to private property". I ask Mr Ó Tuathail to state, as clearly as possible, whether he believes there is anything in the Bill put forward by Deputy Joan Collins that would have unintended consequences that could impinge the constitutional right of individuals to private property. I want to know because that aspect will be one of the main discussion points when the Minister and his officials attend here for the next session.
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