Brian Ó Domhnaill (Fianna Fail) | Oireachtas source

I agree with the Leas-Chathaoirleach. Section 3 relates to expenses. Unfortunately, I am mystified as to why some of the amendments we have tabled, including those of Sinn Féin, have been ruled out of order. I do not understand why because they do not all pertain to an expense on the Exchequer. Perhaps the Leas-Chathaoirleach might clarify the position through his office, particularly on amendment No. 5. We can deal with each amendment as it arises. Perhaps this is the wrong time to raise the matter.

With regard to section 3 and the expenses incurred by the Minister in the administration of the legislation, there is no regulatory impact analysis accompanying the Bill. Particularly given that we are establishing significant State infrastructure that will be responsible for a public resource, water, there should be a financial impact analysis. It would be fair for the Oireachtas to expect a cost-benefit analysis, at the very least, of the cost of the establishment of Irish Water to the Department of the Environment, Community and Local Government which is funded by the Department of Public Expenditure and Reform.

Senator Trevor Ó Clochartaigh raised the matter of the 12 year contracts given to employees. What is the position on redundancy payments where an official of a local authority is transferring to Irish Water? I asked about this on Second Stage. Will a redundancy payment be made to the transferee, although his or her employment is continuing in the public service in Irish Water? If there is a redundancy cost, who will bear it? Will it be the local authority, Irish Water, the Department of the Environment, Community and Local Government or NewERA? What is the overall cost? I am sure a breakdown has been provided.

Substantial costs will arise nationwide under the legislation because Irish Water will be responsible not only for the water we drink but also wastewater. There are thousands of unfinished housing estates throughout the country. If a local authority has its homework done by transfer day, 1 January, it can transfer the assets to Irish Water. If it does not have that work done, what will Irish Water stipulate in order to bring wastewater units up to a standard whereby they can be transferred to it? Who will bear that cost? If local councillors across the country are being asked to find that money in their budgets, they will simply find it undoable. In a local electoral area in Inishowen in my county there are 55 unfinished housing estates and the biggest problem is wastewater treatment.

The problem of transfer day is very unfair. Local authorities will not be in a position to have all of their infrastructure ready for that day. That is why one of my amendments proposed a transition period. That would be sensible, but the amendment was ruled out of order by the Cathaoirleach.

Fundamental questions arise in regard to the cost involved. As Senator Trevor Ó Clochartaigh said, we are setting up what I regard as a quango, potentially the biggest the State has ever seen. Under that quango, we are leaving open the possibility of privatising public drinking water supplies in the years ahead. It may not occur under the Government's watch, but a future Government might decide it was economically viable to sell Irish Water, thus privatising public drinking water supplies. If that is to be the case, we are telling everyone to purchase the water he or she uses in his or her home as he or she would purchase it in a supermarket.

The other issue to which there is no reference in any accompanying documentation is the cost to the Irish household. It is written in the Bill that this will be at the discretion of the Minister or the Government, but there must be a debate on that as part of Committee Stage as well. It is not relevant to this section but it is something that will have an impact on every family across the country.