Seanad debates

Friday, 19 December 2014

Water Services Bill 2014: Committee Stage

 

5:40 pm

Photo of Thomas ByrneThomas Byrne (Fianna Fail) | Oireachtas source

I will be brief. I am not going to match that style of speech.

This was a genuine attempt to use a vehicle in the Bill to come halfway between our position and the position of the Government. Labour Party Senators did a brave thing in supporting a Seanad motion calling for the non-privatisation of Irish Water. This is one way we can put that into action. We cannot initiate legislation in the Seanad, but let us have some action.

Like Senator Norris, I hate the word "customer," but that is the word used in the legislation. The forum is tasked with complicated functions, including providing comments and suggestions to the Commission for Energy Regulation on the performance by Irish Water of its functions, and commenting on any policy document produced by Irish Water or any consultation document produced by the commission in respect of public water and waste water services. That is highly technical work, as the legislation recognises in the provision that the commission shall provide the forum with administrative services, including technical advice. The legislation envisages that the forum will carry out a wide range of complicated and technical work, and I am simply mandating it with one other function pertaining to the Constitution. I presume the commission will be able to provide the legal advisors necessary to help the forum with that task.

I think it is a reasonable amendment and I thank my colleagues for their support. I fear some Members opposite are trying to kill the amendment with kindness and I urge them to be radical. I ask the Minister to forget about 23 December. I presume he will be in Dublin that day. If the Parliament is called, Members have to be here. That should not be a consideration. The Minister has one other option under section 7, which allows him to order the forum to carry out activities in respect of such other matters as specified by ministerial order. He could order the forum to consider my proposal without amending the legislation. If he was able to assure me that he will have a draft order prepared by Monday, I would certainly withdraw my amendment. Otherwise, I am afraid I will have to press it to a vote. I urge Labour Party Members to think carefully about their previous vote and ask Independent Senators to carefully consider what I have done. This is their only opportunity to put their kind words about the amendment into practice.

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