Oireachtas Joint and Select Committees

Thursday, 22 March 2018

Select Committee on Housing, Planning and Local Government

An Bille um an gCúigiú Leasú is Tríocha ar an mBunreacht (Uisce faoi Úinéireacht Phoiblí) (Uimh. 2) 2016: Céim an Choiste
Thirty-fifth Amendment of the Constitution (Water in Public Ownership) (No. 2) Bill 2016: Committee Stage

2:30 pm

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

Nothing I have said contradicts what I wrote in my letter to the trade unions. The point I made was that, in my view, the referendum on the eighth amendment was more urgent than the referendum proposed in this legislation. I also made that point in the Dáil when we spoke about the pace at which we were proceeding with this proposed amendment to the Constitution. I have also spoken to Deputy Joan Collins on the matter. I attend the Dáil on every sitting day and always make myself available for meetings. I have never refused a meeting with Deputy Joan Collins, but I wanted to obtain the advice of the Attorney General before any such meeting took place. Once I had that advice, I was in a position to write to the select committee in more detail.

The Tánaiste, when he was the Minister responsible, raised concerns at this committee. However, he was unable at the time to outline specific problems, as I have been able to do. Some of the sponsors of the Bill have admitted that they share these concerns and I do not know why they have not been addressed. I cannot provide members with the legal advice of the Attorney General because it is privileged. However, the risks to group water schemes are real, as noted in the independent advice received by the committee. The amendment could affect the operation of group water schemes. It is its unintended consequences that concern me. It is not an issue of being able to amend the wording as, from my perspective, an alternative wording will be required. That is where the difficulty lies.

Deputy Barry Cowen has made a proposal which may be constructive in trying to find an agreed position that could be put to the Oireachtas. We could then put a question to citizens and successfully implement it through a positive change to the Constitution.

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