Gerald Nash (Louth, Labour) | Oireachtas source

I am pleased to speak on this important legislation, which the Labour Party will not be opposing, although there may be amendments that we will propose on Committee Stage and later stages.

I know the Minister and everybody in this Chamber will agree that water is a public good. We have had many debates across our society in the past few months about what constitutes a public good and what should be left to the markets to decide who pays for a product or a service. We have had those discussions in the context of the energy crisis we face at the moment and the impact that is having on households, businesses and jobs across the country. However, we can affirm today again that water is a public good and it should always be considered as such - it should always be considered as a public good.

It is crucial that Irish Water is retained in public ownership in perpetuity, until the day this Oireachtas or a subsequent Oireachtas decides otherwise or, crucially, until such time that the Irish people decide otherwise. It is not a new proposition, this idea that the Irish people should decide on the fate of this particular publicly owned water utility. The Minister will be aware of the provision for a plebiscite in the 2014 legislation, which sought to reassure concerned citizens across this country about the future of what is publicly owned by the Irish people, lock, stock and barrel.

It should remain the case that Irish Water is a public utility in perpetuity for a number of different reasons. One of the reasons is because I see and I have always seen Irish Water and the idea of a single publicly owned, standalone State water utility as one of what we can describe as the new generation of State enterprises, that is, State enterprises that will work with citizens, businesses and investors to try to improve and develop our economy and provide the water services that a decent society requires. Crucially, it should also remain as a publicly owned utility because that is in the best interests of the Irish people.

We have been subjected already this evening to history lessons on the establishment of Irish Water and what the intention on the establishment of Irish Water was actually all about. I do not think any public utility on its formation has had so many myths and fallacies ascribed to it. There is no doubt that when the idea of a single water utility was first mooted, the Fine Gael Party would have privatised that particular utility with gusto. For example, we only have to look at its 2011 election manifesto. It was because of the presence of the Labour Party in the 2011 to 2016 Government that that utility was not privatised, and neither were many other important commercial State enterprises or other State bodies. That is a fact, and it is an uncomfortable fact for some people who have made their careers out of, bizarrely, opposing the establishment of a publicly owned State utility.

I completely understand and acknowledge the concerns of people who had been loaded with additional costs at a very difficult time for our society during the great recession, and the understandable opposition to the introduction of water charges.

However, the idea of a publicly owned, national State water utility is, in itself, a good one. Unfortunately, some people will never be persuaded of that because it does not suit their political narrative and a lot of Dáil seats are owed to the opposition to the establishment of a State water utility. That is a fact and no rewriting of history to suit a particular political narrative will change it. The 2014 legislation to which I referred copper-fastened the status of Irish Water as a State utility. My party and I, and the trade union movement, want it to remain so. It is important that we have a clear indication soon from the Government of the timeline for the referendum that was promised in the programme for Government.

I turn to some of the details of the Bill before us. The provisions regarding the appointment of board members are interesting. I am pleased provision has been made for the appointment of a representative of the Irish Congress of Trade Unions, ICTU, to the board of this State utility. It is a good way to do business and a positive thing to do. The ICTU represents more than just workers; it represents, in my view, the public interest. It is an important signal to send and an important acknowledgment of the position of the trade union movement in our society. That can only help to make Irish Water, or Uisce Éireann, a more successful State utility.

I am pleased as well that provision is being made for a limit on the term of office of directors of the board. It is important that there be a replenishment of skills and experience on boards. We have seen to our cost over the years that people can hang on to board positions, with the result that organisations become stale and a herd mentality tends to dominate. New thinking should always be encouraged and this provision is a very positive move. I am disappointed, however, that the Public Appointments Service, PAS, will not be utilised for the appointment of board directors, with an alternative means of appointment being adopted. The use of the PAS is the gold standard with which there should always be alignment and compliance.

Regarding accountability to public bodies, Uisce Éireann, as a stand-alone State utility, will be receiving significant amounts of investment from citizens, that is, taxpayers, through the Government. It is important, given this is the case, that it will be subject to audit by the Comptroller and Auditor General, which is as it should be.

I refer to the rather protracted process in which the trade unions involved in Irish Water and the local authorities engaged in order to get to a point where the new framework for future delivery of water services agreement was hammered out. It is important to put on the record and reassure those who may be transferring from local authorities and Ervia into the stand-alone utility that many positive things were secured by their trade unions at the Workplace Relations Commission, WRC. There will be no compulsory transfers of staff to Irish Water from local authorities and no compulsory redundances. Local authority workers will have the option of transferring to Irish Water on a voluntary basis. Existing pay is protected and there is a chance to earn more through individual or collective Irish Water performance rewards. Existing pension benefits are legally protected, which was an important issue that had to be addressed in the process. It is important that existing pay, terms, conditions and all other entitlements will transfer if local authority workers decide to transfer to Irish Water in the fullness of time. It is important as well that local authority staff have the option to remain within the local authority system. In my view and that of the trade union movement and the workers themselves, they should do so from a position in which the pay, terms and conditions they enjoy will be no less favourable than those they enjoy in their current role. Great credit is owed to people like Liam Berney of ICTU, Brendan O'Brien and John King of SIPTU and others in Connect, Fórsa and Unite for reaching this point. I am aware, for example, that the SIPTU water committee has approved the agreed approach. Great credit is owed to the unions, the Department and Ervia for facilitating this progress.

When this utility is formally re-established, if I may put it like that, and is moved away from Ervia, it will have great potential to help our economy grow as one of the new generation of stand-alone, dare I say commercial, semi-State enterprises. I say "commercial" because it will still be raising commercial revenue from business charges and so on. There is, of course, a commitment across this House not to introduce direct domestic water charges. That is as it should be. There was always a challenge to make sure responsible public representatives and political parties would ensure we have a sustainable taxation base to fund the development of our water services into the future. In that regard, the report of the Commission on Taxation and Welfare, published yesterday, makes for very interesting reading and I look forward to engaging with the Government on it. There are big challenges ahead of us but Uisce Éireann can play a significant part in developing our economy and society and protecting and sustaining our environment.

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