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Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: It does. We can debate semantics and Senator Byrne may make another proposal, as is his right, which I will consider in detail. I give Senator Byrne my word on that but I have outlined the facts. The assets are part of the ownership of the company and I have explained previously the ownership structure of the company. The assets are covered as part of this structure and the shares will...

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: I believe the Bill is sufficiently robust and I have taken advice on this. I reiterate that the assets are part of the ownership of the company and the alienation of shares covers the assets of Irish Water.

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: Shares in Ervia are owned by the Minister for Public Expenditure and Reform and the Minister for Communications, Energy and Natural Resources. Shares in Irish Water are owned by the Minister for Finance and the Minister for the Environment, Community and Local Government. Irish Water is a statutory company and, as such, is covered by statutory rules. As it has statutory functions, it is...

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: I am not.

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: If they improve the legislation.

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: -----that there will be no consequences, constitutional issues or major legal issues down the road as a result?

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: In this case, we do not even know whether we are taking about water, water services or water plus something else. Are we talking about Irish Water or what?

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: I have already referred to the fact that we really need to reconsider the matter. There are serious issues, potentially, in respect of what we are trying to protect through a constitutional amendment and in respect of property rights, joint ownership of infrastructure and infrastructure that is privately owned.

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: Serious issues arise, and they are complicated.

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: I have mentioned aquifers and private wells previously.

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: We need to consider pipes, infrastructure and networks as well.

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: There are a range of issues in these areas. Where do we go from here? Is there a necessity to have similar referendums for a range of other issues? I accept how important this issue is. I stand in the House as a representative of the Government. I have been honourable in the sense that I have taken matters from here and brought them to Government. I have made the views of the House known...

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: That refers to Ervia. Ervia has no ownership shares.

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: I thank the Senators again for their contributions. First I want to deal with the amendment rather than the section, because we are on the amendment. Regarding amendment No. 1, tabled by Senator Barrett, the opening piece deals with the passing of the shares to the Minister for Finance for the dissolution of Irish Water. It sets out the resolution on a plebiscite, in section (8) it talks...

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: It is a symbol of what his party----

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: It is symbolic of where we would be if, unfortunately, Senator Cullinane's party was in government into the future----

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: I do not believe he believes the legislation they would bring in would be worth the paper it is written on.

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: It is certainly a vision into the past regarding Sinn Féin and what its views of the Houses of the Oireachtas are. There were a number of other issues raised by Senators.

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: Regarding the phrase about disposal of assets, section 31(12) of the Water Services Act 2007 prohibits the disposal of any assets. That Bill was brought in by Fianna Fáil and I think it was worthwhile. Regarding legislation changing in this Bill or any other, of course all legislation can be changed. Does that directly answer the Senator's question? I have said it four times now.

Seanad: Water Services Bill 2014: Committee Stage (19 Dec 2014)

Alan Kelly: No, check the record. I have said it a number of times. Senator Cullinane just chose not to listen as usual. I am not going to repeat the whole thing. I outlined earlier regarding the Constitution and how we have to be very careful about putting amendments into the Constitution, about the consequences of that and the fact that Article 10 already says what it does on water. We have to be...

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