Thomas Byrne (Fianna Fail) | Oireachtas source

I thank the Minister for the assiduous attention he has shown to the debate and for listening to the robust and differing views expressed by Senators. I suggest to Senator O'Donnell this provision could be changed in exactly the same way that the national lottery was dealt with. It is the same procedure and the national lottery sets a precedent in this regard.

The provision on the plebiscite has already been amended. I pointed out this morning that it is an example of a political bait and switch. There was an obvious error in the first version of the provision and the Minister subsequently introduced a more detailed proposal. However, the revised provision will not make a huge difference because all legislation can be changed by future legislation. We might think in terms of two or three years but Senator O'Donnell reminded us that the national lottery was privatised 30 years after it had been established. That was a big issue for the Senator and for many people around the country. We have to think about what the fourth or fifth Government after this one might propose. The political tempo could change and we have a responsibility to ensure that what we do holds fast until the people decide otherwise. The only way to do that is by means of a referendum.

A large number of amendments have been ruled out of order but I urge my colleagues not to get hung up about them. A specific provision in the Constitution prevents the Seanad from initiating a constitutional referendum. We are governed by the Constitution in this regard. It is not the fault of the Cathaoirleach or the Minister. I would like a constitutional provision to prevent a future Oireachtas from discussing the alienation of Irish Water. That is what is at stake in this debate. A Bill is only as watertight as Government policy dictates. The whip system is rigid and if a future Cabinet decided to sell Irish Water, the necessary legislation would be passed by the Oireachtas. All that is required is the deletion of section 2. I acknowledge that the Minister will never initiate such legislation and I fully accept his bona fides and his political views. I would never introduce such legislation, although Senator Quinn indicated that he might do so.