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Joint Oireachtas Committee on Foreign Affairs and Trade: Association Agreement between EU and Moldova: Discussion (14 Jan 2015)

Jim Walsh: It is in Ukraine.

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

Jim Walsh: The manner in which the Government addressed this issue failed to take account of the need for fairness. The late payment provision is an example of the unfairness which has marked Government policy since 2011. I appreciate that the Minister, Deputy Kelly, is new to the Cabinet. He has impressed me since taking over his portfolio. He has worked hard to resolve the homelessness issue,...

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

Jim Walsh: I am sticking exactly to the section.

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

Jim Walsh: I am saying clearly -----

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

Jim Walsh: The late payment provisions -----

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

Jim Walsh: The late payment provisions are inadequate to ensure compliance with the charges. If they do not achieve unanimous support through the payment system -----

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

Jim Walsh: If the Acting Chairman stopped interrupting me -----

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

Jim Walsh: I am aware that what I am saying is not music to the Acting Chairman's ears because it is criticising his friend, the former Minister.

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

Jim Walsh: The Chair should act fairly.

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

Jim Walsh: The section will increase the imposition on those who pay the charge. I find that unacceptable and I hope the Acting Chairman and the Minister agree with me. I seek an assurance that the burden will not, as is often the case, be carried by somewhat more than majority of the people. Two thirds of the population will probably bear the burden of the full complement of households. That is...

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

Jim Walsh: On this section I will take a different view from what others may put forward. The difficulty with the imposition of this charge is the fact that it is coming on top of a ream of charges, stealth taxes, that have been applied over the past six years which has brought people to a position where they simply cannot afford to pay. That is the issue before the House. My concern is that the late...

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

Jim Walsh: I note and welcome that the Minister has said that none of the assets will be securitised, including the revenue stream. That is what I understand from what he said. On what basis is the Minister conveying that information to the House? Is it an opinion or is it based on, as our leader has asked, some discussion and negotiations with lenders, to ensure that the assets will not be secured...

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

Jim Walsh: I ask the Minister to respond to what I am saying.

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

Jim Walsh: The Minister has not. In fact, his response on this occasion is a total misunderstanding of company law. The Minister will not have control over the assets of the company. I ask him to get advice about that. The Minister has control over the shares of the company - they cannot be disposed of - but not over the assets.

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

Jim Walsh: No, the Minister owns the company. The assets can be disposed of by a decision of the board or perhaps the CEO, depending on what rules are in place for the governance of the company. The assets can be sold by any company without reference to the shareholders. I have had ownership of companies in the past where we sold the company by selling the shares in the company. I have also seen...

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

Jim Walsh: The board will decide.

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

Jim Walsh: No, it does not. It has a fiduciary duty.

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

Jim Walsh: On that point, which goes to the core of this amendment, owning the shares in a company is only as valuable as the company itself. A company owns assets consisting of fixed assets, goodwill and revenue stream, which is probably classified under goodwill. I notice the Minister did not answer my questions so I will ask them for the third time and will continue to do so until I receive...

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

Jim Walsh: I listened carefully to what the Minister had to say in his reply and I readily acknowledge that he was honest in respect of section 2 that it is only enforceable so long as a Government does not decide to repeal it. Therefore, it is meaningless in the context of giving any assurances to the public that this natural resource will remain in public ownership, which is the kernel of what we are...

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

Jim Walsh: Bhí mé ag éisteacht le mórán den díospóireacht ar maidin agus um thráthnóna.

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