Alan Kelly (Tipperary North, Labour) | Oireachtas source

I thank the Senators for their comprehensive contributions. I will go through this amendment and, I dare say, probably this section, because it broadens out into the section as well.
I have a couple of initial comments. I had nothing to do with amendments being ruled out of order. If they were ruled in order, I would debate them as much as I would debate any of these. This is merely to make that clear.
To deal with the amendment first, Ervia is owned by the State. It is owned by the Ministers for Public Expenditure and Reform and Communications, Energy and Natural Resources. It has two subsidiaries, Irish Water and Gas Networks Ireland, which are also owned by the State. Ervia has no financial rights of ownership. These shares are wholly-owned by the Minister for Finance and myself and there is no way that Ervia can dispose of Irish Water because in a sense Ervia does not own it.
I will not be supporting this amendment even though it is put down for the right reasons. I accept all of the amendments, even those ruled out of order, were put down in the right spirit, but I will not be accepting this amendment.
The amendment states it will give functions back to local authorities. This would create issues. There are serious economies of scale in what Irish Water is doing. I quoted yesterday that in the case of the Ringsend plant there is a saving of €170 million because Irish Water is doing that piece of work and there is five or six such examples across the country. There are many economies in tendering. Also, the financial capacity of one utility to borrow is one of the most fundamental reasons Irish Water is necessary because of the scale of investment that is necessary in the future.
The Constitution is something which every one of us holds dear. When I took my seal of office, it is something on which I reflected. I must uphold and protect the Constitution and I always will to the best of my ability. I hope everyone accepts my bona fides in that regard. I am doing everything to the best of my ability, with the advice that I can take, as a member of the Executive.
Bunreacht na hÉireann is the fundamental legal document of the State. It includes the fundamental rights of Irish citizens and establishes and documents the main institutions of State, etc. It describes the legislative branches of the State, including this House, the Executive branch of the State, the Judiciary - the three pillars of the State. It also lists key officers, such as the Attorney General. However, it does not seek to describe the structures of the State which are mainly provided through legislation, for example, the education system, the health system, the road network. In this House I made a commitment, which I honoured, that I would bring the resolution of this House to the Cabinet and state clearly what this House told me and discuss it, and we did in great detail.
Senators will be familiar with Articles 10.1 and 10.2. Article 10.2 states:

All land and all mines, minerals and waters which belonged to Saorstát Éireann immediately before the coming into operation of this Constitution belong to the State to the same extent as they then belonged to Saorstát Éireann.

Under that article, all natural resources and all water is vested in the State. I will not do anything to change that or to ensure that the water resources of the State do not belong to the citizens of the State.
In the Dáil debate, a colleague of mine who is legally qualified, Deputy Penrose, stated that he would allow Irish Water and the water of this country to be privatised over his dead body. I want to repeat that. I would allow the privatisation and sell-off of Irish Water and of the water service in this country over my dead body.