Denis Naughten (Roscommon-South Leitrim, Independent) | Oireachtas source

It is not the case that the matter shall be put to the people by plebiscite. Any Government, including that currently in office, with a majority of one in each House will actually be in a position to dispose of the assets of Irish Water without referring the matter to anyone else. There is absolutely no security whatsoever provided within the legislation on this matter. I tabled a very simple amendment which would have led to the inclusion in the Bill of the promise the Minister made on 19 November to the effect that the matter should be put by plebiscite to the people. However, that amendment was ruled out of order on the basis that giving the people of this country their say with regard to the disposal of this particular asset would involve a potential cost on the Exchequer. The legislation before the House is not worth the paper on which it is written. The Minister is serious in terms of the commitment he gave on 19 November but what he said on that date is not reflected in the legislation.

Those of us who were involved in passing the legislation which facilitated the sale of the assets of Eircom are of the view that we made a genuine mistake. When we debated legislation relating to Aer Lingus a number of years ago, the then Minister, the late Seamus Brennan, gave a commitment that a formal motion would have to be approved by a majority of either House before any shareholding in the company could be disposed of. More recently, the assets of Bord Gáis were not contemplated in the legislation relating to that company's disposal. There is genuine concern regarding the assets of Irish Water because these are believed to be of such intrinsic value. As the Minister is aware, these assets are being used as a mechanism to leverage equity. The fear is that they may be forcibly sold at some future date.

As a result of the fact that I cannot table an amendment to the effect that the sale of those assets should be put to the people by plebiscite - which is what the Minister announced on 19 November - without it being ruled out of order, I drafted amendment No. 5 in order to guarantee that the assets of Irish Water will not be disposed of at any future date. Now that local government is clearly written into our Constitution, my amendment would require that every municipal district in the State would be obliged to approve any motion relating to the disposal of the assets of Irish Water. What I propose will provide a belt-and-braces approach in terms of ensuring that a sale cannot happen at the whim of any future Government or at that of the troika, should that entity ever return. Amendment No. 5 would ensure that the assets of Irish Water could not be sold without the approval of every municipal authority in Ireland. In my opinion, such approval would not be forthcoming. My amendment will provide the security people are seeking on this matter.

As already stated, the commitment given by the Minister on 19 November to the effect that there should be a plebiscite if any assets of Irish Water are to be disposed of is not reflected in the legislation. On that occasion, he also indicated that one of his other priorities is the removal of boil water notices and stated, "In the very near future, for the first time in many years, people in Roscommon will be able to drink water from their tap". I received correspondence from Irish Water in recent days which indicates that it will be March 2017 - at least 12 months after the next general election - before the people in north-east Roscommon will actually be able to drink the water from their taps. That eventuality is a long way down the road. In the interim and if they live in urban areas, these people will be obliged to pay €130 per year for the pleasure of receiving water which is below the proper standard.

Some 12 months ago, the former Minister of State, Deputy O'Dowd, provided the following commitment:

Irish Water should not be allowed to charge for water supplies that are subject to restrictions on health grounds. This is why the Act gives the Minister power to make directions in this regard. I have no doubt that people who do not have access to a safe and healthy supply of water should not and will not be charged for it.

I wanted this to be reflected in the legislation at that time but I was informed that there was no need because people would not be charged for water supplies that are subject to restrictions on health grounds. Under the Bill before the House, those who live in urban areas will be charged €130 per year for water that is unfit for human consumption. The Minister can say what he likes and provide all the assurances he wants. However, the reality is that it must be written into the legislation that the approval of the Irish people will be required. We have been given commitments in the past 12 months but these are not reflected in the Bill and, as I have just outlined, they have not been honoured by the Government.

The Minister's commitment that he gave here just less than a month ago, that is, that there will be a plebiscite if there is any disposal of assets, is not written into the legislation. It states there "may" be a plebiscite, so it is at the whim of the Government in power. If that Government has the troika or IMF breathing down its neck because of the dire situation the country is in, a financial motion or emergency motion will be introduced ramming this through. That is why I am asking the Minister to accept the amendment I have tabled, which would at least ensure all county councillors, who are directly elected by every legal resident over 18, would have a direct say in any disposal of assets.

While my proposal does not provide the constitutional amendment many of us would like to have seen included in the legislation, or provide for the plebiscite the Minister promised but which he did write into the legislation, it at least ensures the public will be consulted by their local public representatives, who have a constitutional role now because of the provisions in our Constitution in regard to local government. Each municipal district would, in its own right, make a decision as to whether any of the assets owned by Irish Water could be disposed of in the future. In light of the severe shortcomings in section 2 of the legislation, I hope the Minister will accept my amendment.

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