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

Thomas Byrne: Senator O'Donnell asked if we are out of tune with the public. Yes, elected politicians can be out of tune with the public. That is why we have a Constitution - to protect the people and protect the institutions of the State from the whims of politicians. They cannot just go in there and change things at whim, which they can do with this section. They changed the national lottery that...

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

Thomas Byrne: We had a lottery Act that did not allow for the issuing of a licence to a private body and then we simply had a section in the other Act repealing the previous Act. That is what will happen here. In fairness to Senator O'Donnell, I think that point is unanswerable. The Minister has repeatedly said that no party has proposed this. Actually Senator Walsh reminded me of the Sinn Féin...

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

Thomas Byrne: I will produce it later in the debate.

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

Thomas Byrne: We could not believe it when we saw it.

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

Thomas Byrne: I am not sure they even understood what equity investment was. The amendment would attempt to prohibit it because equity investment would mean the alienation of shares in Irish Water. It is a fact, as Senator Walsh has helpfully reminded us, that parties have proposed this and may propose it in the future. That is why we need something much stronger than what is contained in the Bill....

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

Thomas Byrne: There is a circular definition. The Minister can correct me, but I do not see a definition of a plebiscite. I do not know what a plebiscite is.

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

Thomas Byrne: Section 2(8) states: "In this section “Plebiscite” means the Plebiscite to which subsection (1)(b) refers." So it is a circular thing.

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

Thomas Byrne: The reality is that we have plebiscites in other legislation. There is a plebiscite in planning legislation whereby there can be a plebiscite to have a housing estate taken into charge. What is the practice with those plebiscites? The practice is that the residents just fill out a form and submit it to the council. It is not a vote. It is not a referendum of the residents of the housing...

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

Thomas Byrne: Tá brón orm. Níl aon rud sna Buan-Orduithe a deir go gcaithfidh mise stopadh, nó go bhfuil teorann ama ansin dom ach an oiread. Senator Landy has disagreed with my interpretation of "plebiscite". My interpretation of "plebiscite" may not be right, but Senator Landy's may not be right either. The point is that there is no definition of "plebiscite" whatsoever in the...

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

Thomas Byrne: That is what Deputy Eamon Gilmore called Brian Cowen.

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

Thomas Byrne: We could ask the same question about every constitutional amendment.

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

Thomas Byrne: We are only interested in protecting public assets.

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

Thomas Byrne: Private wells have nothing to do with it.

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

Thomas Byrne: There are wayleaves and rights of way that we want to protect.

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

Thomas Byrne: I move amendment No. 6: In page 4, line 4, after "Water" to insert "or any of its assets or any part of its assets,".This comes to the nub of the issue. Unfortunately, for him, the Minister let the cat out of the bag in his previous contribution. My amendment seeks to ensure that the assets of Irish Water are also subject to the same plebiscite provisions, flawed as they are, that the...

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

Thomas Byrne: On top of it, only for shares in Irish Water not for the assets. In fairness, the Minister's officials should do some research on this issue. I am raising a valid point which the Minister has dismissed out of hand privately here in the Chamber. The reality is that shares, assets, business, undertaking, licence, all aspects of what Irish Water can do, are not subject to the plebiscite...

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

Thomas Byrne: I heard colleagues say they would support the Minister because of that. One of them who spoke privately to me voted with the Minister; he said that it could change during the course of the debate. The Minister seems to have ruled that out entirely. I think I have spotted a significant gap. The Minister cannot say that assets are covered by shares - they are not. A limited company can...

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

Thomas Byrne: It could charge for the supply of water-----

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

Thomas Byrne: They will be given careful consideration.

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

Thomas Byrne: It does not.

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