Aengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

Deputy Emmet Stagg might like to contribute to the debate, rather than snipe from the Government side of the House. He has the same right as everybody else to do so.

What is being proposed in the amendment is illogical. When is a referendum not a referendum? The answer is when it is a plebiscite.

There is nothing in the Constitution to give effect to a plebiscite. There is no mention of a plebiscite. What the Minister has cobbled together is dangerous in many ways. The amendment refers to "the People" but they are not defined. Does "people" mean everybody who lives on the island, every citizen or every household bar the 300,000 that have gone missing somewhere and that may be in his back pocket? It is important when drafting legislation to make sure it is clear. If it was clear, it would refer to the people as the electorate as intended under Articles 46 and 47 of the Constitution, which provide for referendums. It is logical to hold a referendum rather than play around with a concept that does not exist under the Constitution.

The amendment provides that if a Government plans to privatise, it will line up all its ducks in a row and then go to the people. Deputy Donnelly proposes a referendum in order that the Constitution can prevent a Government from doing so. This would be pre-emptive and would mean no future Government could contemplate going down that rood.

We have seen the way the Labour Party has examined in government how to sell off natural resources. Bord Gáis has been privatised and the Government intended to privatise Coillte, both of which came under the remit of a Labour Party Minister - the same Minister who said something along the lines of "Election promises - what the hell?" stating, "Isn't that what you tend to do during an election?". How much faith would anyone have in promises from that quarter?

It is important that the amendment be withdrawn and that the Minister provide for a referendum. Why is he afraid of a referendum? On May 6 or 7 2015, the Government will hold several referendums, which I welcome. Why not put on another one at the same time to prevent Irish Water from being sold into private hands? It is a simple proposition. Why is the Minister afraid of this? There will be no additional cost if several referendums go ahead on the same day. However, the Minister is trying to ensure that a future Government can produce something that is not legally binding and can be overturned without a plebiscite, because the legislation could be amended prior to that. A Bill could be introduced in six months to repeal that section, because there is nothing in it to prevent the Government or a future Government from repealing it, but that could not be done easily if the Constitution prevented it. It is a simple proposition, and the logic of what is proposed is that if the Minister believes the people should be consulted, the way to do so is through a referendum as provided for in Articles 46 and 47 of the Constitution.

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