Sean Barrett (Independent) | Oireachtas source

I move amendment No. 1:

In page 4, between lines 2 and 3, to insert the following:“Plebiscite on the dissolution of Irish Water
2. (1) Where the Government has 90 days from the enactment of this Act to cause the initiation in either House of the Oireachtas of proposed legislation to allow the alienation of the shares in Irish Water issued under section 5(4) of the Water Services Act 2013 to the Minister and the Minister for Finance or the share in Irish Water issued to Ervia, where it is proposed to transfer that share to either the Minister or the Minister for Finance for such purposes of the dissolution of Irish Water, such proposed legislation shall be initiated by or on behalf of a Minister of the Government by—

(a) a Resolution of each House of the Oireachtas passed approving the alienation, and
(b) if such Resolutions are passed, the proposal of the dissolution of Irish Water may, if the Government decides to proceed with the proposal, be submitted by Plebiscite to the decision of the People, and if, consequent upon the proposal having been submitted to the People by Plebiscite, a majority of the votes cast in the Plebiscite shall have been cast in favour of the proposal, legislation may (if the Government so decides) be initiated by or on behalf of a Minister of the Government in either House of the Oireachtas in respect of the proposal.

(2) Whenever Resolutions are passed by both Houses of the Oireachtas in respect of the proposal referred to in subsection (1), the Minister may by order appoint the day upon which and during which the poll at the Plebiscite on the proposal shall be held.
(3) An order under subsection (2) shall be published in the Iris Oifigiúil.
(4) On such Resolutions being passed by both Houses of the Oireachtas, the Clerk of the Dáil shall immediately inform the Minister accordingly.
(5) A person who has the right to vote at a referendum on a proposal for an amendment of the Constitution shall have the right to vote in the Plebiscite.
(6) The Plebiscite shall—

(a) put a proposal for a decision of those persons entitled to vote in the Plebiscite as to whether the Government may, if it wishes to, cause the initiation of legislation as referred to in subsection (1), and
(b) be held in accordance with regulations made by the Minister providing for the holding of the Plebiscite and for other requirements and arrangements that will apply in relation to the Plebiscite.

(7) The Minister shall publish details of the proposal and the reasons for it to be submitted to the people in the Plebiscite not later than 30 days before the day fixed as the polling day for the Plebiscite.
(8) The Minister or the Minister for Finance have an obligation to ensure the orderly alienation of Irish Water and to provide an audit statement on the financial and operational state of Irish Water to each House of the Oireachtas.
(9) Following the alienation of Irish Water to the Minister or Minister for Finance the responsibilities and powers of Irish Water will devolve, within 180 days from the day fixed as the polling day for the Plebiscite, to the Local Authorities as enumerated by the Minister.
(10) No punitive actions to a dwelling, such as the reduction or cessation of water services on a temporary or ongoing basis, will be permitted by Irish Water or Local Authorities.
(11) Tenancy agreements will not be subject to change as a result of this legislation. Landlords cannot take punitive actions against residents on behalf of Irish Water with respect to a charge by Irish Water that in respect of a dwelling being wholly or partly unpaid.
(12) In this section “Plebiscite” means the Plebiscite to which subsection (1)(b) refers.”.

I welcome the Minister for the Environment, Community and Local Government back to the House on this sunny morning. I hope we are all of a sunny disposition this morning.