Labhrás Ó Murchú (Fianna Fail) | Oireachtas source

Senator Barrett has made a telling case for his amendment. We had an exceptionally good debate in the House yesterday evening. It was clear in the House and outside beforehand that there was a fair degree of tension. This was because people come at an issue like this from different points of view. That is what democracy is about at the end of the day. Then people vote and accept the result. Many people in the House, even those who voted for the legislation, would have been far happier if we had promised a constitutional referendum in order that the issue of the ownership of Irish Water was sacrosanct, beyond question and enshrined in Bunreacht na hÉireann.

In the heady days of Irish patriotism the slogan was: "The land of Ireland for the people of Ireland". James Fintan Lawlor, Michael Davitt and such people knew precisely why that had to be acted on. After all, the land was one of the most important and essential resources that the country had. They did not want to see it being used as a cash cow for absentee landlords, which was the case at the time. When the State got the opportunity, it did a particularly good job in ensuring that the land was available to the people and could be used in a productive manner.

The same issue arises with water, there is no question about that. More so than land, it is an essential resource for the people. Senator Barrett has made some exceptional contributions to the House. Members will agree that he has been most investigative and analytical. He has put his expertise at the service of the House on many complex issues in his time in Seanad Éireann.

In this case he is trying to ensure that in the absence of a constitutional referendum, some class of block is put in place in respect of the shares of Uisce Éireann. Senator Barrett would admit that this is not the ideal route to go. Let us suppose we agreed that we must protect the water of Ireland for the people of Ireland and ensure that it does not get into the hands of private interests and become a cash cow once again. If there were privatisation, Irish people might not be in charge of that process. This is especially relevant today given the disappearance of international borders etc. People from China, America or anywhere could control Irish Water if that were the case.

On the face of it the plebiscite might seem like a good idea. However, we all agree that legislation is what it is: it is legislation. Every day and every week in this House we make amendments to legislation. Given the pressures that have been on the economy during the recession and those that are and will continue to be on the economy, it is not beyond the power of imagination to envisage that whoever occupies these seats in any future Seanad Éireann would have legislation before them regarding the privatisation of, or, rather, removing the ownership of, Irish Water from the people. Of course, that is a possibility.

This raises another question. If we are all agreed on the ownership of Irish Water by the people, surely the only way to copperfasten that beyond question is to have it in Bunreacht na hÉireann. While I am supportive of Senator Barrett's contribution, because I know where he is coming from, there is no doubt that we cannot still accept that we are not going to have that. It is within the power of Government to do that.

Of course there are complexities. When Bunreacht na hÉireann was first brought into being in 1937, there were many challenges facing the emerging State a short time after the Civil War. It was one of the greatest challenges and it is to our credit as a people that we handled all those complexities at the time. The small number of changes which have been made to Bunreacht na hÉireann in the intervening years provide an indication of how to overcome complexities when we are faced with them.

We deal with complex issues in the House on a weekly basis. Surely, nothing could be more demanding of our attention, time and energy then this issue of water, which belongs to the people and without which we could not live.

My appeal is that we would be supportive of the interim measure that Senator Barrett has put before the House. I complimented the Minister yesterday on the valiant efforts he has made. I made the point then and I make it again now.

We must avoid political partisanship because if we do not, we will not truly reflect what the people are saying, the unrest on the ground and the fears and suspicions. If we do not reflect honesty and respond with integrity, we are not doing what we should be doing as legislators. Given the valiant stand taken by the Minister, will he go one step further and reflect on what he has heard in the debate?

A motion has been passed seeking a constitutional referendum and during the Christmas recess we will hear all about the efforts made to encapsulate all options, ideas and concerns, which are complex. It is, however, straightforward to use the legal brains at our disposal to come up with a solution to include Irish Water in Bunreacht na hÉireann. If we do not do this, as Senator Terry Leyden and others have said today and yesterday, even when all of our work is done and the legislation is passed and has to be implemented, some measures will not be acceptable to everyone. However, this is one issue on which there is huge hostility. When I raised it yesterday, a few heads nodded. If people do not pay, will they be brought to court or put in jail? Some Members shook their head and said, "No." I will pay the water charge and get good value for money, but that is not the issue. The issue is changing the ownership of Irish Water which belongs to the people. I am sure the Minister has tried, but I ask him not to give up and to return to the Cabinet to discuss again the possibility of holding a referendum. The proposed plebiscite and legislation will not put people's fears to rest, but, at the same time, I compliment Senator Sean D. Barrett for trying to plug a hole which is likely to burst if we, as legislators, do not find a proper, positive and constructive way forward on this issue.