Seanad debates

Friday, 19 December 2014

Water Services Bill 2014: Committee Stage

 

1:40 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail) | Oireachtas source

I support the amendment proposed by Senator Barrett. Unfortunately I was unable to speak on Second Stage and I do not intend to make a Second Stage speech now. Issues have been raised include the unintended consequences and the provisions of our Constitution. The Constitution is not cast iron that can never be changed.

The Constitution is not a cast-iron thing set in stone that can never be changed. So many things have changed in the 78 year period since 1937. I will not go into the history, but at that time about 60% of the Irish economy was based on agriculture. That has totally turned on its head. Another simple point is that at that time, according to statistics and figures, 3% of the children of this nation were born outside wedlock. That is well over 30% now. Somebody mentioned the unintended consequences of enshrining the right to water in our Constitution. I see no difficulty whatsoever in doing that. I have been listening as carefully as I can to the debate and I respect what the various people say. Somebody referred to the right to property, which is enshrined in our Constitution. Maybe there should be a rethink of that.

I was chairman of a committee on the Constitution which, to make it as broad as possible, we enlarged to 16 members. I requested the then Taoiseach, former Deputy Bertie Ahern, to do that in order to be inclusive. We brought in an Independent Member of the Oireachtas, a member of the Green Party and a member of Sinn Féin. My colleague up in County Louth was on that committee just to have it all-inclusive. The man who was our advisor at that time was probably the greatest exponent of constitutional rights and knowledge in this country, Mr. Justice Gerard Hogan. It is being seen here as impossible to enshrine the right to water in the Constitution. I have heard Mr. Justice Hogan and other constitutional experts say that maybe we should expand and look again at the Kenny report.

The right to property was watered down in a local government Act which allowed for social housing needs. Maybe we should think outside the box. What about the right to shelter and housing? We should not be buried in the back of what cannot be done, but should look at what can be done. We had a big debate recently on homelessness when somebody died close to this House. We should be looking outside the box and seeing how we can make our Constitution more appropriate for 2027 rather than 1937. The Minister of State should stand back, have a referendum in April or May, and instead of the potential of this Bill kicking in on 1 January or 1 February, it can be put back to 1 June or 1 July. Then we can put this thing to bed for once and for all.

Comments

No comments

Log in or join to post a public comment.