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Vol. 858 Thursday, No. 3 20 November 2014 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 20/11/2014A00100An Bille um an gCeathrú Leasú is Tríocha ar an mBunreacht (Uimh. 3) 2014: An Dara Céim (Atógáil) [Comhal- taí Príobháideacha] . 2 20/11/2014A00200Thirty-fourth Amendment of the Constitution (No. 3) Bill 2014: Second Stage (Resumed) [Private Members] ����2 20/11/2014N00100Leaders’ Questions . 21 20/11/2014R01200Message from Select Sub-Committee . 32 20/11/2014S00200Water Sector Reforms: Motion (Resumed) . 32 DÁIL ÉIREANN Déardaoin, 20 Samhain 2014 Thursday, 20 November 2014 Chuaigh an Ceann Comhairle i gceannas ar 10 a.m. Paidir. Prayer. 20/11/2014A00100An Bille um an gCeathrú Leasú is Tríocha ar an mBunreacht (Uimh. 3) 2014: An Dara Céim (Atógáil) [Comhaltaí Príobháideacha] 20/11/2014A00200Thirty-fourth Amendment of the Constitution (No. 3) Bill 2014: Second Stage (Re- sumed) [Private Members] Atairgeadh an cheist: “Go léifear an Bille an Dara hUair anois.” Question again proposed: “That the Bill be now read a Second Time.” 20/11/2014A00400Deputy Joan Collins: I support the Bill proposed by Sinn Féin and I believe we have a right to raise these issues in the Dáil Chamber. It has been claimed that the Water Services Acts of 2007 and 2013 prohibit the shareholders of Irish Water from disposing of their shares. However, we have now learned that this legislation can be changed by any Government. That is why it is important that the Government listen to Deputies on this side of the House and to the people, who are hugely concerned about the privatisation of our water. We want our water services to remain in public hands. On Tuesday evening during the Private Members’ debate we were told that public ownership of water could not be enshrined in the Constitution because of property rights. However, I would remind Members on the other side of the House that there are responsibilities as well as rights associated with property. On Wednesday we were told that, just to be sure that the ownership of our water services remains in public hands, the Minister for the Environment, Community and Local Government proposes to legislate to ensure that if any future Government sought to change this position, it would be required to put the matter before the people in a plebiscite. This is contrary to what was said on Tuesday evening - namely, that this could not be done. It is really important to enact this legislation because the people have demanded it. The Government is supposed to be listening to the people, and it has announced its intention to set up a 60-person listening body. If such a body was set up - which I do not think would work - the first thing the Government would hear is that the public wants a referendum to ensure that our water remains in the hands of the people. The Government should take this on board, con- 2 20 November 2014 sider it carefully and bring it to the people. If the Government is really serious about calming peoples’ huge concerns it would do so. It seems there is no end to the fiasco concerning Irish Water, water charges and the Govern- ment’s handling of the issue. The Minister should take this Bill on board. He has spoken about doing something in the future but he should act now. 20/11/2014A00500Deputy John Halligan: Many people will take with a pinch of salt yesterday’s assurances from the Government that legislation is coming which will ensure a referendum will be required to privatise Irish Water, because the Minister, in the same breath, washed his hands of people who have said that they will not pay the charge. Asked whether people who do not pay will be taken to court, he said it was a matter for Irish Water. It is becoming abundantly clear that the Government is making this up as it goes along and is quite content to change the script to suit itself. Another case in point is the fact that meters are now effectively redundant if capped charges continue. So much for water conservation. The concessions announced yesterday will result in the accumulation of massive debts by Irish Water over the next four years. The Gov- ernment has said it will make up the gap in revenue to the tune of €84 million to €87 million per year. Obviously that money will be diverted from already crippled public services. It is a fact that we have no guarantee that a future Government will uphold the decision to prop up Irish Water. The Government made a commitment yesterday that no privatisation would take place without the consent of the people, but it failed to recognise in any way that water was a basic human right that should be kept under democratic, rather than commercial, control. That failure sends a clear message to working class people, from whom the Govern- ment is far removed, that it clearly regards water as a commodity which will be far beyond the reach of the 26% of households with two adults and two children who are living in deprivation. This figure was recorded in 2011 and I have no doubt that the proportion now far exceeds 26%. When concessions end in 2018, householders will face much higher bills to make up for the loss of revenue. I have no doubt that the picture painted for the public at that time will be that privatisation is the only sustainable option; hence the decision announced by the Government yesterday. Its proposals are the very building blocks that will push the privatisation of Irish Water. The concessions made yesterday will push Irish Water into insolvency and eventually make privatisation inevitable. 20/11/2014B00200Deputy Richard Boyd Barrett: The Government’s gymnastics on the issue of privatisa- tion cannot mask the reality that, with the establishment of Irish Water and a charging regime, privatisation has already started. Its assurances are completely worthless. It should consider the reality of Irish Water. Some €500 million is to go mostly to Denis O’Brien’s GMC/Sierra to install meters. Some €175 million will be spent by the end of 2015 on consultants and private contractors. Private landlords are now to be the debt collectors for Irish Water. Effectively, Irish Water is already the property of the consultants and big contractors and even private land- lords are acting as its agents. The company is being privatised. One of the most shocking aspects of Irish Water that has still not been fully taken up in the general discussion on what is occurring but which should ring alarm bells in a very major way is evident in the customer terms and conditions agreement. It states: “The Customer shall not allow the discharge of rainwater run-off from roofs, paved areas or other surfaces into any Sewer, except as may otherwise be agreed in advance with Irish Water in writing”. This is the legal basis for Irish Water to claim ownership of the rain that comes from the sky onto people’s roofs. In Bolivia and the United States, once private companies entered into the picture and 3 Dáil Éireann water services fell under a legal private entity, as is Irish Water under the Water Services Act, they claimed ownership of rainwater and had inspectors going around to people’s houses tell- ing them that the water running off their roofs was their property and had to be paid for. The condition I have quoted establishes the legal basis for such a regime here. I bet the Minister of State, Deputy Paul Kehoe, has not even read it. This is what the Government is up to and the people will not buy it. 20/11/2014B00300Deputy Clare Daly: The starting point for this discussion has to be that access to water is a human right and access to it should be based on need rather than ability to pay. The provision of the service does cost money. We know this because we have paid for it through a central taxation system. The idea that water would be treated as a commodity to be profited from is absolutely reprehensible to most citizens. They are not stupid and know that the experience of privatisation has been incredibly bitter. In some instances, it forces the renationalisation of a service because a hames has been made of the process. When Paris was forced to renationalise the service, it saved €35 million straightaway. If one privatises a company, the fat cat salaries, bonuses and profits have to be covered. Who pays for them? The cost is borne by those on whom the bills are levied and also by a creaking infrastructure that does not benefit from the investment it deserves because the money is diverted to those at the top. The doublespeak of the Government on this issue in recent weeks and months has been firmly exposed through the measures announced by the Minister for the Environment, Commu- nity and Local Government, Deputy Alan Kelly, yesterday. The mantra was that the service was protected and could never be sold or privatised based on the legislation already in place, but this has now been contradicted by the Government. It is admitting there is a need for another provi- sion. Rather than making a decision to this effect or allowing the people make the decision, at a time when they have never been more engaged in an issue in their history, the Government is including some wishy-washy clause stating a future Government can deal with this issue.