Michael McGrath (Cork South Central, Fianna Fail)
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591. To ask the Minister for Environment, Community and Local Government If it would be a breach of data protection for landlords to pass details of tenants residing at their properties to Irish Water; and if he will make a statement on the matter. [5955/15]

Alan Kelly (Tipperary North, Labour)
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Under the Water Services Acts 2007-2013, Irish Water has statutory powers to request its customers and certain specified persons or bodies to provide it with information so that Irish Water can perform its functions under these Acts including the collection of data to develop its customer database. In particular, section 26 of the Water Services Act 2013 provides Irish Water with the power to obtain information on its customers from other third parties as listed in the section, including a local authority, the Revenue Commissioners, the Private Rented Tenancies Board, the Property Services Regulatory Authority, the Local Government Management Agency, the Minister for Social Protection or any other person or body to be prescribed by the Minister.

Irish Water is required to manage all personal data in accordance with the Data Protection Acts 1988 and 2003. Irish Water has an on-going engagement with the Office of the Data Protection Commissioner, including in relation to the provision of tenant details by landlords, to agree the process for the capture, storage and usage of customer data.

Terence Flanagan (Dublin North East, Independent)
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592. To ask the Minister for Environment, Community and Local Government the position regarding water and the Constitution of Ireland (details supplied); and if he will make a statement on the matter. [5968/15]

Alan Kelly (Tipperary North, Labour)
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Article 10(2) of the Constitution states that "all land and all mines, minerals and waters which belonged to Saorstát Éireann immediately before the coming into operation of this Constitution belong to the State to the same extent as they then belonged to Saorstát Éireann".

With specific regard to Irish Water, the Water Services Act 2013 provides for the establishment of Irish Water as a subsidiary of Bord Gáis Éireann (now Ervia), conforming to the conditions contained in the Act and registered under the Companies Acts. Section 5 of the Act provides that one share in Irish Water shall be issued to Bord Gáis Éireann (now Ervia) with the remaining shares allocated equally between the Minister for the Environment, Community and Local Government and the Minister for Finance. Accordingly, Irish Water is in full State ownership. Subsection 5(6) of Act, as amended by Section 46 of the Water Services (No. 2) Act 2013, prohibits each of the three shareholders from disposing of their shareholding in Irish Water and thus places a statutory prohibition on the privatisation of Irish Water.

There are no plans to amend the Constitution with regard to Irish Water. The Water Services Act 2014 includes a provision whereby any future proposal for legislation that would involve a change in the State ownership of Irish Water must be put to a plebiscite of the people. This ensures that any proposed privatisation by a future Government could not proceed without the support of the Irish people.