Mr. Séamas Ó Tuathail:

I shall reply to the questions posed by Senator Coffey and Deputy Ó Broin.

Senator Coffey raised the issue of obsolescence, as I understand it. One can ask oneself the following question using any semi-State company. What happens to Córas Iompair Éireann's buses when they are no longer fit for purpose and have for reasons of public safety been taken off the road? Personally, I do not know what happens to them but, clearly, that would be a matter for the relevant State authority to decide and to get rid of. I have mentioned that in some part of my presentation in which I stated that from the basis of first principles, if an asset relating to the public water system has become obsolete then it is no longer being used and cannot be considered to be part of the public water system. Clearly, there would be a disposal way of doing it.

I can recall a period when Iarnród Éireann had a lot of obsolete railways. There was a controversy years later about how it disposed of the sleepers and rails. I have lost sight of the controversy since and it is long gone as an issue. There were issues about the matter. I understand they were issues of accounting for Iarnród Éireann at the time, which was the responsible body. If something becomes obsolete and is no longer of use in the public water system then clearly, like any properly managed asset, it should be disposed of. There will be plenty of people willing to take that up.

In response to Deputy Ó Broin's question, I do not see any public-private issue arising from the proposed amendment. If anybody has an issue, the legislation passed on foot of the amendment coming into place in the Constitution would either deal with the issue or it would become a matter for the court and the court would then deal with that issue. The Deputy must remember that the proposed amendment refers to Article 28. It does not apply to the private property article in the Constitution, which makes private property sacrosanct. A constitution, when amended, must read as a whole. One must read the entire Constitution and decide what is meant. If there is an apparent conflict the courts come along and balance the Constitution and state what is the real meaning. That is the specific function of the Supreme Court. That aspect has operated successfully over the years in different contexts, with which I have no difficulty.

Deputy Ó Broin mentioned the provision in the amendment that states: "The Government shall be collectively responsible for the protection, management and maintenance of the public water system." The Government, on any of these issues, would have the best advice available to it via the Attorney General as to what should be done with something that has become obsolete or is no longer of use. Let us say a new development arose for the distribution of water. We know that there is a leakage of over 40% in the public water supply, which is being addressed. If some issue arose that required the Government to take a view in light of the proposed amendment, assuming it is accepted, then the Government has the best advice available to it via the Office of the Attorney General, if required, and then the Dáil, Seanad and the President can legislate.