Dáil Éireann Debate, Tuesday - 31 March 2015
606. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will amend the Constitution to include a provision that a referendum would have to be held on any legislation relating to the privatisation of Irish Water. [12968/15]
Amharc ar fhreagra648. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government to set out the legislative guarantees that are in place to ensure that Irish Water will not be privatised in future; and if he will make a statement on the matter. [12979/15]
Amharc ar fhreagraI propose to take Questions Nos. 606 and 648 together.
The Water Services Act 2013 provided 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 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 the 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 placed a statutory prohibition on the privatisation of Irish Water. To further strengthen this protection of the State’s ownership of the company, section 2 of the Water Services Act 2014 provides that 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. Accordingly, an amendment to the Constitution to prevent the privatisation of Irish Water is not necessary.
