Water laws could be changed

Legislation protecting Irish Water from being privatised could be over-ruled by a Dáil majority and a referendum on its public ownership overturned, a Department of Environment official said.

However, the department disputes claims that most of Irish Water’s assets could be sold with the consent of the minister of the day, therefore facilitating its privatisation.

The Oireachtas committee on future water services heard from department assistant secretary Maria Graham yesterday as part of its work to advise the Dáil by March on abolishing or keeping charges.

TDs and senators debated on whether constitutional change is needed to ban the privatisation of water, an idea the Government has says it is open to looking at.

Ms Graham confirmed to TD Paul Murphy that a majority Dáil vote could overturn legislation protecting water and that any plebiscite could be reversed, potentially resulting in services being privatised.

Ms Graham also outlined how a wording of a referendum on public ownership of water, being considered by the attorney general and an Oireachtas housing committee, could also be problematic. This was due to the “plurality” of water ownership, including the issue of private bore holes or water schemes.

Some TDs homed in on whether selling off Irish Water assets could result in privatisation.

Ms Graham said that, under current legislation, the ‘alienation’ of water assets would only be approved by the minister of the day for “ones that are no longer required”.

Séamas Ó Tuathail, a barrister advising anti-water campaigners, disagreed. He said there was “widespread concern” about privatisation. But statutory rules could be altered so the “public have a right to make the decision”.