Dáil debates

Thursday, 19 December 2013

Water Services (No. 2) Bill 2013 [Seanad]: Second Stage

 

11:00 am

Photo of Barry CowenBarry Cowen (Laois-Offaly, Fianna Fail) | Oireachtas source

The Government's decision to take all Stages of the Bill in the space of four and a half to five hours is astounding. It is wholly inappropriate, disrespectful, arrogant and nothing short of shameful.

Like everyone else present, I welcomed the country's exit from the bailout programme last week. I join others in paying tribute to the people who accepted the unfortunate but necessary corrections to the public finances in the past few years. When I looked at the Taoiseach last Sunday night, I thought of how he had vehemently opposed and voted against measures contained in some budgets that were progressive rather than regressive, yet he sought to take credit for the manner in which they had been implemented and the success they had brought. We have exited the bailout programme; Fine Gael has enjoyed success in recent polls and we are in the mouth of Christmas. The Government believes it can do no wrong, to such an extent that it can seek to bring forward this legislation and treat the Dáil and its Members with such contempt that in four or five hours it will bring through this massive legislation that has great significance for the economy.

This is a major piece of legislation that has huge significance for the taxpayer, local authorities, householders, business and industry. Despite this and despite seeing households around the country being hit with water charges, the Government now sees the taxpayer forking out untold sums of money to fund the super quango Irish Water is fast becoming. In the lifetime of this Dáil, few pieces of legislation have been as significant as this. However, instead of providing time for a constructive debate on the details of the Bill, the Government, led by the caring Taoiseach we saw the other night who thanked the people so sincerely and spoke about all the new charges and initiatives his Government and others had placed on them in order to arrive at the juncture at which we have found ourselves in recent weeks, is now, a couple of days later, putting this Bill before the House.

Despite the fact this Bill is of such significance and will have such a bearing on various aspects of the workings of the economy, it is treated with this sort of contempt. Where is the sincerity in that? Where is the caring nature of the Government now? Where is the Government and its leader who thanked the people for the manner in which they had accepted many of the policies that had to be implemented? The Government now wants to ram this Bill down the throats of Deputies and to provide no time for an adequate opportunity for real and informative scrutiny.

The Government has talked blandly about political reform, but it has done nothing only abuse that terminology. Take, for example, its efforts to abolish the Seanad and its passing of legislation last week to abolish town councils and to cull councillors. Now again, we see this Bill being pushed through the House, another example of the record level of guillotining of legislation. This does nothing only prove the autocratic style of governance that is evident on the part of the Government. This style of autocratism is now being ratcheted up, as the Taoiseach and the Government think that by virtue of exiting the bailout and their advancement in the polls they are invincible and are bordering on infallible. Its treatment of me and other spokespersons and Members of the House is nothing short of disgraceful. It is an affront to democracy and an insult to the taxpayers, who will foot the bill for Irish Water.

I have no doubt the Minister, the Taoiseach and the Government are very much aware of the growing concern that exists in the community about their approach to water reform, but what is their response? Their response is to stifle debate and to remove opportunities for criticism. They are pushing this through and hoping that in the week that is in it, nobody will notice. Sod that for attitude. Sod that for its regard for those of us on this side of the House and for its own Members. They too need adequate time for scrutiny of this Bill so they can be certain the proposals of the Government are adequate and meet the necessities of governance.

Fianna Fáil will oppose this Bill tooth and nail. This legislation strips away functions from democratically accountable local authorities and places them in a new Irish Water super quango created by the Government. This entirely new layer of bureaucracy, populated as we have seen in recent months by highly paid consultants, will be funded directly by homeowners across the country. On numerous occasions in this House when we discussed the first water Bill, I pointed out the obligation of the Government following on its commitment to complete an audit of the network throughout the country. Instead of this glorified consultancy stimulus package, the Government is obliged to complete that audit, identify the faults and place on record a timeframe or roadmap for the network to be brought up to speed and made fit for purpose.

In addition, the House is entitled to know the costs associated with doing that, for how long those costs will be charged and the timeframe by which the system will become fit for purpose. It is entitled, for example, to know the timeframe by which the water issues for Dublin will be addressed properly. Only then can we honestly adjudicate on the system. We can adjudicate only on a system that is fit for purpose and only then charge its users. Make no mistake, Fianna Fáil has no problem with the concept of water charges, but we want a system that is fit for purpose. We want a system of which the electorate can be proud so that people will feel it is fair and will have no problem thereafter paying for it. If the audit is put in place, the system can be then comprehensively upgraded to a standard for which homeowners, businesses and industry can pay, a system of which taxpayers as a whole can be proud. This would be a service that could be genuinely delivered.

This Bill proposes to move powers, assets and liabilities away from local authorities and to give them to Irish Water. The first water services Bill passed earlier this year included legislation relevant to giving effect to the setting up of Irish Water, its configuration and allowed the commencement of water metering. Almost two years ago, I asked for the publication of the relevant papers which allowed the Government to appoint Bord Gáis as the vehicle for setting up Irish Water. Bord Gáis got the contract ahead of Bord na Móna. I make no apology for stating that I believe Bord na Móna was better placed to win that competition. However, the Government needs to prove to me it has made the right decision. In doing that, it needs to produce the papers that allowed it make that decision and to show the merit behind that decision.

As I and many others have said, it was obvious that the intention of the Government, having sold Bord Gáis, was to set up Irish Water in a way that would allow it to be sold down the road.

The manner in which Irish Water has been established means it will be a commercial entity with a glossy corporate identity, and much has been spent in this regard. I have no doubt it will be a prime target for future sale, which would be a selective sale - only the best populated and most profitable networks would be sold, therefore showing disregard for group schemes and rural schemes, which is another threat to rural Ireland. This threat is real, and even more so because when the Bill is compared to the heads of Bill produced earlier this year one can see the heads contained a number of provisions which are absent from the Bill. The most significant issues now absent include a provision to terminate service level agreements; a prohibition on the sale of Irish Water by Bord Gáis Éireann or any part of the company; a prohibition on the sale of water services asset infrastructure without the consent of the Minister; a prohibition on the company's entering into an agreement that would result in the transfer of assets or water services infrastructure; and an entire section on environmental regulations making the Environmental Protection Agency, EPA, the supervisory authority. All of these have been deleted. The omission of these confirms to me and others that the Government, whether by design or accident, is sleepwalking Irish Water into the shop window for future sales.

In recent months I asked the Government to inform the House about progress on the water metering programme. I have been given no information and have been told it is an operational matter. In other words, I was not entitled to know. Why is this? I am informed that only 25% of the initial target has been met. Several weeks ago I was informed that €600 million had been taken from the Local Government Fund for the establishment and workings of Irish Water. This process began two years ago, and two weeks ago I heard that €600 million had been transferred from the Local Government Fund. This confirms that local services are not being delivered from the source from which the Government stated it was intended to deliver them.

The Acting Chairman has asked me to conclude.

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