Damien English (Meath West, Fine Gael) | Oireachtas source

The Irish public has consistently espoused the notion that public water services and indeed the national utilities should remain in public ownership. The Government agrees with this. Water is an essential national resource. There is no question of putting at risk people's very access to their basic needs in terms of water services. This is why the previous Government introduced safeguards in the area and carefully considered the question of the holding of a referendum on the ownership of Irish Water, as the Senator was saying. The various categories of ownership of water services included infrastructure that is State-owned, State-funded but operated by private group schemes, or boreholes located on privately-owned lands. Seeking to enshrine such matters in public ownership through a constitutional referendum could have unintended consequences and could impinge on an individual's constitutional right to private property. That is the reason for the decision not to hold a referendum. Previous experiences of constitutional referenda have shown that it is extremely complex in trying to get the wording of the amendments right. We have all seen that. It does not mean it cannot be done. It is very complicated and does not give the result that one wants or would genuinely like to achieve.

The approach adopted in the Water Services Act 2014 is much clearer and straightforward. No legislation to change the public ownership of Irish Water can be initiated unless three specific conditions are met. I know Senator Coffey is probably sick of hearing this as he has dealt with this as well.

The first condition is where a Government proposes to initiate legislation that would change the ownership of Irish Water it must obtain a resolution from both Houses in favour of the legislation, both the Seanad and the Dáil have to pass it. Second, subject to such resolutions being obtained, the Government would then hold a plebiscite of the people, so the public are consulted and get to vote on it. It is not too far off a referendum, but a referendum is for a change to the Constitution. The plebiscite is quite common in every other country. In Switzerland they have a plebiscite nearly every week.