Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank all the Members for their contributions. I feel like I have been managing the Irish Water hotline for the past three hours but I will try to respond to some of the issues.

I will say specifically on operational issues and issues that have been raised by Deputies here this evening that those are matters for Irish Water. Members will be pleased to know that Irish Water has been invited to appear before the Oireachtas joint committee on housing on 4 October to discuss issues around water quality and supply and I am sure that will be of interest to Members also.

I will speak specifically also on the issues raised by Deputies Mairéad Farrell and Connolly on Inishbofin and Inisheer where that issue of communication is critically important. The fact that it took that length of time to communicate the issues around the manganese highlight that it is very important that as soon as an issue arises, that it is communicated effectively to local communities. The islands are particularly vulnerable and it is very important that Irish Water communicate and work swiftly to try to address those particular issues. We will ask Irish Water to respond on behalf of those two particular issues, without singling out all of the issues that have been raised by Members tonight, which are of great importance to their own communities and which is something in itself. It is important to also note the good work that is being done by Irish Water around the country. Deputy Fitzmaurice has alluded to how there have been some very good successes.

This Bill, however, which we are discussing here this evening is a technical Bill on the separation of Irish Water from Ervia and it is those issues which we want to discuss at this point. There has been quite a bit of revisionism and rewriting of history where we are treading over old, well-worn ground but this Bill is about looking forward, about the provision of safe, secure water for people and communities and protecting and improving our water resources, rivers, lakes and estuaries for the future. In particular, I want to refer to the comments by Deputies Barry and Paul Murphy in what I see as scaremongering references to “Water charges 2.0”, water charges by the back door and privatisation. That is not the case and we all want the same thing. We all want to ensure that we have a public utility that is effective and delivers for the people. They talk about outsourcing and design, build and operate contracts, DBOs. As far as I recall, when I was on the local authority from 2004, DBOs were used routinely by local authorities to deliver water infrastructure. I want to refute any of those comments that this is what is being attempted here. It is quite clearly not the case.

The main issue that Members have raised here this evening has been on the referendum and the recommendations of the Oireachtas joint committee and I will just go through those matters quickly, if that is okay. On the referendum, I will note that and mention it to the Minister, Deputy Darragh O'Brien. In the context of Deputy Joan Collins's Private Member's Bill that was spoken about, extensive work has been undertaken by the Department and by the Attorney General's office to consider possible approaches to advancing the referendum proposal. This will be an approach based on protecting the public ownership of the entity established under law to provide public water services, that is Irish Water, which has been identified as the most appropriate and straightforward approach. Having consulted with colleagues in government, the Minister has signalled his willingness to support a referendum on public ownership along these lines and it is something to which we are giving consideration. A number of referendums have been proposed in the programme for Government but it is important when considering this that there is adequate public engagement, and noting that the Housing Commission has been specifically tasked with advising the Government on a referendum to place the right of housing in the Constitution, it would make sense that the constitutional issues around the right to housing and the protection of the public supply of water would be considered, possibly, at the same time. I cannot give a definitive time or date as to when the referendum would take place but I will say that it is being advanced as a matter of urgency by Government.

Other points were raised specifically by Deputy Ó Broin in particular in respect of the recommendations of the committee.

On the issue of transformation and the availability of documents and clarity on staff, we note the Deputy’s comments and, hopefully, we will seek to deal with those during Committee Stage. I will not go into the issues around the operational and legal status of workers. However, we did take on board the recommendation to provide for the attendance of the chief executive and the chairperson of Irish Water at the Committee of Public Accounts.

I will try to deal with the other issues raised by Members in the time I have remaining. Many comments were raised about local authority staff, the fantastic work they do and the dedication they bring to their work, which I acknowledge. That dedication, along with their service and their skills and knowledge, is also something they bring to their continuing work with Irish Water. Most of the issues raised largely related to operational matters and I am not going to dwell on them because these are matters for Irish Water. It is important that Irish Water will take up that opportunity on 4 October to appear before the Oireachtas joint committee to discuss issues relating to water supply and water quality.

At the beginning, I outlined the provisions of this Bill, which is focused on separating Irish Water or Uisce Éireann from Ervia and its establishment as a stand-alone authority for water services. The Bill provides that Irish Water will be known only in its Irish name, Uisce Éireann, and that it will cease to be a subsidiary of Ervia. Again, issues were raised by Members about the renaming of Irish Water but I believe that is something they should welcome in terms of the Irish language. The Bill acknowledges the character of Uisce Éireann as the national authority for water services, with responsibility for the functions assigned to it under the Water Services Acts, 2007 to 2022. The Bill amends the current shareholding arrangements and enhances its governance arrangements. Significantly, the Bill provides for Uisce Éireann's accountability to the Committee of Public Accounts.

I reiterate that this Bill is solely concerned with the legal separation of a parent company and its subsidiary, and setting up that subsidiary as a stand-alone company in its own right. The Bill does not in any way deal with the transformation process and the movement to Irish Water of local authority staff who are currently carrying out water services under service level agreements with Irish Water, which is a separate matter.

As mentioned earlier, due to the introduction of the new and complex accountability and auditing arrangements, it is in the best interests of both Irish Water and the Oireachtas that a legal separation takes effect on 1 January 2023. It is simpler and more straightforward from an accounting perspective that the Comptroller and Auditor General is allowed to start its financial auditing of Irish Water from the start of next year. The Committee of Public Accounts will then be in a position to examine such accounts following the audit of a full year's accounts.

I hope that when we vote on the Bill, it will continue to receive the support of the House, and I welcome the support of the parties this evening. The Bill delivers on the programme for Government commitment to retain Irish Water in public ownership as a national stand-alone regulated utility. I thank all Deputies for their valuable input to the debate. Again, we welcome continuing engagement on the next Stages of the Bill. It is hugely important that we move forward in a spirit of positivity for the people of Ireland, for the communities all over the country that Members have spoken about and for our water quality and water services provision. This Bill is important as a significant step forward in addressing that. I look forward to continuing engagement on Committee Stage. I commend the Bill to the House.

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