Dáil debates

Wednesday, 25 April 2007

Water Services Bill 2003 [Seanad]: Report Stage

 

6:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)

Amendment No. 2 refers to a fundamental right of the individual. In general, when legislating for rights one can draw a distinction between the construction of law from civil and political rights and the international convention on economic, culture and social rights. Usually when doing so, one makes reference to the progressive realisation of a right. The Minister chose not to go down this road. Neither did he fall back on the normal drafting strategy of the phrase "such as is practicable". By not accepting the amendment he rejects absolutely the principle. He has not met either the substance or spirit of the amendment in any way in this regard. Far from amendments Nos. 2 and 6 containing anything contradictory between them, amendment No. 6 addresses the issue that conditions may arise which would make it either practicable to implement it within a particular set of conditions or to specify the progressive realisation of what is accepted as a right.

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