Paul Bradford (Independent) | Oireachtas source

I agree that no party today, and possibly no party next year, would countenance such a measure. Having been in this House at the time of the bank guarantee, and having been in the Oireachtas when the State was essentially bankrupt and people were desperately seeking a way to fund it, I ask my colleagues to reflect on how we might respond to the temptation to sell Irish Water if another emergency were to arise and a national cash injection of €10 billion, €15 billion, €20 billion or €25 billion - whatever the worth of Irish Water might be - were needed. The brutal reality is that under such circumstances, Irish Water could be privatised and sold within two days - a day in the Seanad and a day in the Dáil - without the public being consulted.

The change in language from "may" to "shall" might make the text on a plain sheet of paper look stronger, but we all know it makes no difference in the context of the political reality. If people want to support the legislation on the basis that they are happy with it, that is fair enough, but we should not fool ourselves into believing this legislation offers any assurance about the future ownership of Irish Water. It cannot do so. The legislation as written cannot allow any assurance. The law can be changed by any future Government that commands a one-vote majority in the Dáil and a one-vote majority in the Seanad. We should admit to ourselves that the Irish public would not be consulted, or would not need to be consulted, if some sort of emergency situation were to arise.

The Minister has heard all of these arguments being made in the Dáil and the Seanad. He has responded in the Dáil, so we know where he is coming from. I hope we will not be making an adjudication on this worthy and detailed amendment today. I suggest we should reflect further on it in advance of Report Stage. We should not try to cod ourselves into believing we are offering a triple-lock solution. The Minister and the Government can use their key to open the triple lock at any stage without needing to consult the public. The reality is that there is no guarantee to the public in the absence of a constitutional referendum. We should vote on what we know to be fact, rather than what we would wish it to be. It would be much more convenient for colleagues on the other side of the House who have doubts to believe this legislation provides some sort of guarantee about the future ownership of Irish Water. Sadly, that is not the case and we know it. At the end of the day, in politics one has to be true to one's self. If Senators want to support the legislation, that is fair enough, but they should not allow themselves to be fooled into believing something that is not in the Bill is in it. This is not George Orwell. It is not a case of language meaning what one wants it to mean. It means what is in the legislation.