Phil Hogan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

The programme of financial support with the EU, IMF and ECB provided for the establishment of a national water utility and the introduction of domestic charges. In this regard, the programme partners were kept informed of progress towards the achievement of these objectives. My Department has not received any correspondence from the European Commission on the privatisation of water services.

In a communication issued by the European Commission earlier this year on the European citizens’ initiative, the Commission confirmed that the decision on how best to operate water services is firmly in the hands of the public authorities in the member states, and treaty rules require the European Union to remain neutral regarding national decisions governing the ownership regime for water undertakings.

Section 5 of the Water Services Act 2013 provides that one share in Irish Water is held by Bord Gáis, with the remaining shares held by the Ministers for the Environment, Community and Local Government and Finance. An amendment to this section, introduced by section 46 of the Water Services (No. 2) Act 2013, provides that the three shareholders in Irish Water are prohibited from alienating the shares issued to them. Accordingly, the privatisation of Irish Water is barred by statute.

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