Michael McNamara (Clare, Labour) | Oireachtas source

I am happy to support the Minister's amendment with regard to the constitutional amendment. It provides a considerable guarantee. I suggested earlier that the original Water Services Bill was a legislative measure that would most facilitate privatisation and that no legislation was required to alienate the shares. I wish to correct that. That was the case with the original Bill passed by the House but a second Bill was introduced which provided for the requirement of legislation. The Minister is now introducing a further copperfastening of that, whereby a referendum would be required before that legislation would be enacted. The legislation that provided for the legislative requirement to privatise was introduced this time last year. The provision was in the last section of the Water Services (No. 2) Bill which passed all Stages in this House in one afternoon. It was guillotined. It was the most ignominious legislative measure that was ever passed by the House and the section, which I was not aware of up to now, never saw the light of day in the House. That is not how legislation should be passed.

I commend the Minister for the fact that a great deal more time has been allocated to this legislation, even though a guillotine is being applied. There has been considerable filibustering and that has not been confined to the Opposition benches. Deputies on the Government benches have tried to talk down the clock tonight. I will not do that. However, I will make two points. I am happy to support the Minister's approach to this and the fact that there is a constitutional amendment. I would have preferred to see Irish Water under the auspices of a consumer co-operative rather than Ervia. Nevertheless, it is under Ervia and there were reasons for that.

Second, conflict of interest provisions were introduced in respect of the board of Bord Gáis in legislation in 2013 to ensure that a member of the board could not be involved in another gas or electricity provision company. There is a lacuna in this legislation whereby somebody can be on the board of Irish Water and be involved in an alternative or competitor water services company. I tabled an amendment in that regard but due to the guillotine it will not be reached. I hope the Minister will undertake to examine that in the Seanad.

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