Dáil debates

Wednesday, 9 November 2016

An Bille um an gCúigiú Leasú is Tríocha ar an mBunreacht (Uisce faoi Úinéireacht Phoiblí) (Uimh. 2) 2016: An Dara Céim [Comhaltaí Príobháideacha] - Thirty-fifth Amendment of the Constitution (Water in Public Ownership) (No. 2) Bill 2016: Second Stage [Private Members]

 

5:15 pm

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I thank Deputy Joan Collins and the Independents 4 Change for allowing Private Members' time to be used for this very important Private Members' Bill. I also thank the Minister, Deputy Coveney, for what was a really constructive contribution. Those of us who have brought forward this Bill do so sincerely but we do not think we have all the answers and we are conscious of the fact that others, while they share the intentions of the Bill, have concerns, as the Minister and Fianna Fáil Members outlined. We in Sinn Féin would very much like to take up the offer of the advice and expertise of officials in the Department. We will have an opportunity through the prelegislative scrutiny and committee process to find the best way to ensure public ownership of water is given the strongest protection possible.

This Bill, which 38 of us signed, is not just the work of a small number of Deputies in this House but is the expression of hundreds of thousands of people in the Right2Water movement. In response to those mobilisations the trade union movement brought together the political pillars of that social movement to engage in a discussion of policy formulation prior to the last general election. The open dialogue that took place among many groups of people who would be in conflict over other issues came up with the Right2Change policy platform, at the centre of which was a set of core policy principles with regard to water: water is a fundamental human right that people should have access to on the basis of need and not on ability to pay; it should not be subject to the profit motive, the free market or commodification; and in order to ensure that every individual and family has access to the water they need for life water, as a natural resource and in its delivery through the water and sanitation system, should be fully retained in public ownership. In addition, the entity delivering the services needs to be fully accountable to the Dáil and, ultimately, to the people. The view of those who have signed this Bill is that constitutional protection is the strongest possible protection that can be provided and we support the Bill on that basis.

There are some people who say we do not need this as there is no intention on the part of the current Government to privatise water services, and the Minister echoed these concerns. However, significant sections of our water services are already undergoing privatisation, and this was as true under previous Administrations as it is today. There are a total of 115 operate, build and design contracts at 232 different sites. The contracts will continue for 15 years and the taxpayer is on the hook for some €1.4 billion, an amount that could increase depending on what happens into the future. That is a concern to many on this side of the House.

There are also people who do not trust the Government on this issue and do not believe it when it states it does not want to privatise services. Even if we accept the Government at its word it does not mean a future Government, with a majority in this House, could not seek to privatise either the resource or the system of delivery. Given all those doubts, constitutional protection is the strongest form of protection.

The Minister also outlined the existing levels of protection, particularly section 2 of the Water Services Act 2014. While Deputy Thomas Byrne is right that this is strong enough legislation, it can be changed - it does not have to be enacted and a majority in a future Oireachtas could remove those protections and proceed to privatise part or all of our water and sanitation services. That is why a constitutional amendment is far stronger and a far better protection.

The other big worry people have is that there is undoubtedly a desire on the part of the European Commission to encourage, to incentivise and, in some cases, to insist on the privatisation of water and sanitation services, as it has done in a number of member states because it believes it is the best way to deliver those services. It does not insist on it until taxpayers and governments substantially invest in the services until they are brought into a position of profitability, and then they can sell them on. Even if future Governments did not want to privatise water, the concerns would remain in the shape of the Commission. I have some sympathy with the people in group water schemes and private well owners but those issues can be adequately teased out in prelegislative scrutiny and on Committee Stage to the satisfaction of all.

Everybody believes water should remain in public ownership and the view of those of us who signed this Bill is that the strongest possible protection for that objective is to be gained through a constitutional referendum. I will take at their word all Deputies who support or refuse to oppose this Bill today. Let us sit down and engage constructively on Committee Stage to design the best possible constitutional amendment. If we can do it with cross-party and Independent support, all the better. The public will reward us for it and I am very encouraged that nobody who has spoken so far is opposing the Bill.

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