Alan Kelly (Tipperary North, Labour) | Oireachtas source

I did not rule out of order any of the amendments. These decisions were made beyond me. Section 2 is a very important part of the Bill as everyone is aware. The provision safeguards the public ownership of Irish water and it provides for the holding of a plebiscite if any future Government proposes to change the ownership of Irish Water. Personally I do not think this will ever happen. I do not believe a future Government will in any way try to change the ownership of Irish Water. The section provides that where a Government proposes to initiate legislation to change the ownership, or would potentially do so, it must obtain a resolution from both Houses that they are in favour of the legislation. Subject to such resolutions being obtained, the Government would then hold a plebiscite of the people. The legislation could not proceed without the support of the people and this is quite clear. The section includes the provision that the details of the plebiscite would be set out in regulations.

The amendment tabled by Deputy Catherine Murphy refers to requiring the resolution from both Houses of the Oireachtas to be approved by two thirds of the Members. I cannot accept the amendment as it would place more stringent conditions on a future Government than applies at present. Amendment No. 5, tabled by Deputy Naughten, proposes that the holding of a plebiscite would require a resolution from each municipal district in addition to the resolution from both Houses of the Oireachtas. This condition is onerous and would be administratively quite cumbersome. Moreover I believe it is absolutely unnecessary and obviously I will not accept it.

Amendment No. 7 proposes amending the eligibility criteria for voting in the plebiscite. The Government believes the appropriate eligibility criteria to vote on ownership of such a vital national resource are the same as those for eligibility to vote in a referendum. Therefore I cannot accept the amendment tabled by Deputies Coppinger, Higgins and Murphy.

Amendment No. 8 proposes that a provision be inserted to state the Government shall not extend public moneys for the purposes of promoting a particular outcome of the plebiscite. Section 2(7) requires the Minister to publish details of the proposal and the reasons for it to be submitted to the people in the plebiscite. This amendment is unnecessary and I cannot accept it. Limits on the use of public moneys are detailed in electoral legislation so there is no need to repeat such provisions in this legislation.

Several other issues were raised by Deputies. Deputy O'Dowd raised some issues he feels need to be brought to my attention or the attention of the House. By all means he should please raise them here if he feels it appropriate to do so, or raise them with me in a private capacity, if that is appropriate for whatever reason.

Some of Deputy Donnelly's amendments were ruled out of order. The European Commission is obliged to protect national sovereignty in respect of the ownership of water services and has issued such communication to the Government in the recent past. I am quite happy to provide this communication to the Deputy.

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