Alan Kelly (Tipperary North, Labour) | Oireachtas source

I move amendment No. 3:

In page 4, to delete lines 2 to 18 and substitute the following:“2.(1) A Bill providing or allowing for the alienation of any share or shares in Irish Water to a person other than a Minister of the Government shall not be initiated by or on behalf of a Minister of the Government in either House of the Oireachtas unless—

(a) a Resolution of each such House is passed approving a proposal to provide or allow for such alienation,

(b) a proposal to provide or allow for such alienation is submitted by Plebiscite for the decision of the People, and

(c) a majority of the votes cast in such Plebiscite shall have been cast in favour of the proposal.”.

We had a lengthy debate on the section on Committee Stage and I appreciated all the comments made by the Deputies. I took their comments on board because I felt it was necessary. Every Deputy who was here commented on it. Deputy Naughten made a particular contribution. Having listened to the lengthy and detailed debate in the House, I am bringing forward two amendments on Report Stage which are based on it and will provide full clarity in the Bill.

This amendment clearly states that no legislation can be brought forward by any Government without the support of the people in a plebiscite. It is clear and direct. Having listened to the debate and concerns Members have expressed, including the amendments tabled previously, I propose an amendment to subsection (1). This amendment makes it very clear that any proposal to initiate legislation which would allow for the alienation of shares in Irish Water to any person other than the Minister would require:

(a) a Resolution of each such House is passed approving a proposal to provide or allow for such alienation,

(b) a proposal to provide or allow for such alienation is submitted by Plebiscite for the decision of the People, and

(c) a majority of the votes cast in such Plebiscite shall have been cast in favour of the proposal.

I would also like to clarify the position on shares in Irish Water. Early in today's debate, Deputy McNamara suggested that shareholders in Irish Water might seek to dispose of their shares without the Government's introducing legislation. This is untrue. Section 5 of the Water Services Act 2013 provides that the shares in Irish Water were issued to Ervia and the Ministers for the Environment, Community and Local Government and Finance. The section prohibited Ervia from alienating its share in Irish Water. The Water Services (No. 2) Act 2013 amended section 5 by inserting a new clause to provide that neither the Ministers for the Environment, Community and Local Government and Finance nor Ervia can alienate the shares issued to them. This provides a prohibition on the privatisation of Irish Water. Section 2 of the Water Services Bill 2014 must be viewed in the context of the existing legislation, which provides that any proposal to change the current shareholding, other than where the shares transfer to another member of the Government, be subject to a plebiscite. I trust this clarifies the matter, and it reflects the comments of speakers on Committee Stage, particularly the stipulation that "a majority of the votes cast in such Plebiscite shall have been cast in favour of the proposal" and the other changes that have been proposed.

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