Thomas Byrne (Fianna Fail) | Oireachtas source

On top of it, only for shares in Irish Water not for the assets. In fairness, the Minister's officials should do some research on this issue. I am raising a valid point which the Minister has dismissed out of hand privately here in the Chamber. The reality is that shares, assets, business, undertaking, licence, all aspects of what Irish Water can do, are not subject to the plebiscite provisions. It is true to say that Irish Water cannot contract out of its statutory obligations. That is absolutely correct. However, the Minister is purporting to make sure that if a future Oireachtas wants to contract Irish Water out of its obligations by issuing a licence to somebody else to carry out the functions for profits or whatever to a private body, it will have to go before the plebiscite and that the plebiscite provisions would apply.

In the same way that the Minister part privatised the national lottery by issuing a licence - that is the most recent precedent - that would not be subject to the plebiscite provisions if he did something similar to Irish Water. If the Minister sold the assets of Irish Water by passing legislation to overrule the 2007 Act, which could happen, that would not be subject to the plebiscite provisions. That is a matter of statutory interpretation and it only relates to shares in Irish Water. The Minister is shaking his head but the Bill refers to "any share or shares in Irish Water". Why does the Minister want to exclude assets? I will table a further amendment on Report Stage to include business, undertaking and licences in the event that anything is proposed in that area. It is not good enough to say that the transfer of assets is prohibited under the 2007 Act. We are trying to get beyond that.

I urge the Minister, if he is not willing to accept my amendment, to look at the issue and realise that is a significant gap in the legislation. I ask him to look at my amendment for Report Stage which attempts to look at wider possibilities in terms of privatisation and to accept this is a gap. I reiterate the point Senator Sean D. Barrett made. I heard the Minister say very clearly that amendments would be accepted. He said it in public and he said it here.