Seanad debates

Friday, 19 December 2014

Water Services Bill 2014: Committee Stage

 

2:50 pm

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail) | Oireachtas source

I will conclude shortly.

I would invite the Minister of State, Deputy Coffey, if he could, - I would invite the Minister, Deputy Kelly, to come back in to contribute sooner rather than later on this specific issue - to explain the complexity of having a referendum about the ownership of Irish Water staying with the Irish people in perpetuity. He cannot publish the Attorney General's advice but he can state the issues in real terms. This idea of private wells, bore holes, aquifers is a load of nonsense. I assume that Cabinet received formal advice from the Attorney General but I have not received a proper answer to that either. The Minister stated that the Attorney General advised and was contacted. Did formal advice go to the Cabinet? Did the Cabinet meet specifically about the issue of a referendum following the passing by the Seanad of a motion on the issue? The Minister, Deputy Kelly, stated he brought that to Cabinet and it discussed it. Was it dealt with formally as an item on the agenda at a Cabinet meeting? Did the Minister formally get advice from the Attorney General? What are the real areas of complexity and how are those complex issues so insurmountable that we cannot deal with them when only last year a number of civil and public servants were sent away for the guts of a year to prepare for a referendum on the abolition of the Seanad which was far more complex? It showed when the Government wanted to do something, it could. The reality is that they do not want to hold a referendum on this issue. They should because that would clear up a major part of the concerns that people have.

Let us return to look at Irish Water right now and everything that was said. The local property tax was mentioned. Not one cent of what was collected in this country this year under what the Minister calls the local property tax has gone to the local authorities. Furthermore, to get around EU rules, the Government has taken another €60 million from the local authorities to cook the books to ensure that its subvention to Irish Water does not go over 50%.

It is a disaster. I acknowledge that the Minister tried to go some way towards fixing it but he has not gone far enough. The Government should hold a referendum next May. With the other referenda that it has announced and with the by-election, it can be done. It might be the one referendum on which the Government would get the support of the people. It is important. People are genuinely concerned about it.

Section 2 does not do it for most people. If the Bill is passed, the Minister could introduce an amendment next year, if he wanted to, to remove the section. That would be it, job done. It does not matter about a plebiscite or two thirds of the Dáil and Seanad. None of it matters. It is completely irrelevant. The Minister could come in and change it. If he holds a referendum and it is enshrined in the Constitution, the Minister would have to go back to the people to get their approval.

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