Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I do not disagree with that but the issue is whether the wording, as proposed, deals with it comprehensively. The Deputies do not need to convince me - I need to be convinced from a legal perspective that the wording we are using does what we want it to do. I am not giving excuses but asking legitimate questions to which I need answers from the Office of the Attorney General. This will either confirm that the wording proposed is right or allow us to amend or improve it. If there are fundamental problems we can find a way of addressing them. I need to provide reassurance to Deputies that we can support what they want to do, following the receipt of legal advice to Government and consistent with the recommendations of the committee on water. It is important the wording is not likely to be challenged, meaning we have to come back here to deal with unintended consequences or to have a second referendum to correct a mistake we should be seeing now.

I take the point that in the design, build and operate contracts being put in place the ownership remains in State hands, whether in the case of Irish Water or local authorities. Some temporary plans have been put in place, however, by developers linked to new projects and I have been told that some issues need to be addressed in this regard. If the Constitution refers to a public water system there needs to be a definition of what that is, either in the Constitution itself or in law, so that there is clarity and we can prevent unforeseen consequences.