Joint Oireachtas Committee on the Future Funding of Domestic Water Service – 25 January 2017
January 28, 2017The Joint Oireachtas Committee on the Future Funding of Domestic Water Services met most recently on Wednesday last, 25 January 2017. I continue to raise many issues of public concern regarding our water services and to insist that important issues such as the need for a constitutional amendment to ensure protection of water services from privatisation be discussed.
Séamus Healy (Tipperary, Workers and Unemployed Action Group): It was suggested that we should not have been discussing this issue, but it is wholly appropriate for this committee to discuss a constitutional amendment. We are discussing the principle, not the specifics, which are for another committee to address. A constitutional amendment is the only certain protection against privatisation of water services, so the suggestion that the currently stated view of political parties and individual politicians that they are not in favour of privatisation represents a guarantee against it is almost laughable.
Pádraig Ó Céidigh (Independent): Does the Deputy have a question or is he making statements?
Séamus Healy (Tipperary, Workers and Unemployed Action Group): That was a statement made by another committee member.
Pádraig Ó Céidigh (Independent): I am trying to move on.
Séamus Healy (Tipperary, Workers and Unemployed Action Group): So am I.
Pádraig Ó Céidigh (Independent): In fairness, I want to allow other members to contribute.
Séamus Healy (Tipperary, Workers and Unemployed Action Group): The statement does not stand up. In the witnesses’ view, is a constitutional amendment the only certain protection against privatisation? Is it not the case that any current protection, whatever it might be, can be changed by an Act of the Oireachtas?
There appears to be a difference of opinion on the alienation of assets. Is that in itself not an indication that a constitutional amendment is the better way of proceeding? If the departmental and legal views at this meeting differ, is it not clear that the only way to achieve certainty is by way of a constitutional amendment?
Do the Minister and Ervia have voting rights in Irish Water? I am seeking a “Yes” or “No” answer to my next question. Is Mr. Ó Tuathail satisfied that a constitutional amendment would not in any way affect current group water schemes?
Pádraig Ó Céidigh (Independent): I thank the Deputy, but my understanding is that some of his questions have already been asked by Deputy Murphy.
Séamus Healy (Tipperary, Workers and Unemployed Action Group): They may have been.
Pádraig Ó Céidigh (Independent): Is that the case, Deputy Murphy? I could be wrong, but Deputy Healy asked five questions, the last two of which had not been asked previously. I will ask our guests to answer each of them,—–
Séamus Healy (Tipperary, Workers and Unemployed Action Group): Please do.
Pádraig Ó Céidigh (Independent): —–but I believed that three of them had been answered previously.
Séamus Healy (Tipperary, Workers and Unemployed Action Group): I do not believe that they were the same.
Pádraig Ó Céidigh (Independent): The Deputy may be correct.
Mr. Séamas Ó Tuathail: As to whether a constitutional amendment is the only way—–
Séamus Healy (Tipperary, Workers and Unemployed Action Group): The only certain way.
Mr. Séamas Ó Tuathail: I would say “Yes”. As to whether any other protection can be removed, I would say “Yes”. As to the difference of opinion, I will not comment. That has already been said. The Ervia question is for Ms Graham. As to whether I am satisfied that an amendment would not in any way affect existing rights, “Yes” is the answer.
Ms Maria Graham: I can only refer to my statement, in which I said that we had sought to maximise the protections within the existing legislation. The Minister has recognised the sincerity of the proposals being made and the concerns that have been raised, and he is open to a work-up of proposals. For that reason, the Bill was not opposed and it was suggested that it needed legal and technical scrutiny when on Committee Stage.
A constitutional protection is always higher than a legislative provision. We have discussed the issues with wording.
Regarding voting, Ervia is owned by the State and Ervia owns Irish Water. Ervia has the voting rights, not the Minister. Rather, he has the economic rights. However, there is a range of provisions under the legislation for which ministerial consent is required. The Minister also gives Ervia what is called a shareholder’s expectation letter, which sets out the range of activities that he, as the shareholder in the State company, expects Ervia to perform. That involves a number of metrics and is common to the NewERA family, as it were, those being, ESB, Gas Networks Ireland, etc.
That would set out a range of things to do with dividend policy, water policy, and energy policy, etc. While the Minister does not have a voting right, there is obviously a policy construct within the legislation, within the NewERA legislation, and within the specific ministerial consents that are set out in legislation.
Seamus Healy TD – Planning and Development (Housing) and Residential Tenancies Bill 2016: Report Stage
December 17, 2016
This rental strategy is the product of the new coalition Government of Fine Gael, Fianna Fáil and the Independent Alliance. It is a charade and pretence which is deeply flawed. It does nothing for families facing eviction or renters, in particular those currently paying extortionate rents. We should stop adding to the crisis. It is about time the Government and the Dáil accepted and declared we have a housing emergency. The Minister, Deputy Simon Coveney, has accepted we have an emergency. He has repeated this several times publicly but he refuses to formally declare a housing emergency in the Dáil. The Minister and the Government were quick to declare a financial emergency when they wanted to continue cutting pay and pensions in the public service when they renewed the FEMPI legislation on 30 June last.
Any Member or public representative will say there is an absolute emergency in housing. Up to 6,400 people are homeless, 2,400 of them children, forced to live in temporary accommodation, hotels, guest houses, bed and breakfasts and even tents. Up to 100,000 people are on local authority housing waiting lists, as well as 50,000 mortgages in arrears for more than two years. Every day, four families lose their homes. Up to 14,500 tenants are in buy-to-let properties where the mortgages for those properties are in arrears of more than two years. Those tenants, unfortunately, whether they know it or not, are facing eviction. Today, 117 families faced eviction courts. Twenty-seven of these were in my own town, Clonmel, 24 in Tralee and 63 in Dublin. These are decent, ordinary families who simply cannot make ends meet and now, through no fault of their own, face eviction.
Many of them are facing eviction by the banks we own, particularly Allied Irish Banks. The Minister could instruct these banks owned by the State to stop these evictions. The State is the owner of Allied Irish Banks and it can simply, by instruction from the Minister, stop its evictions. Only last month, Allied Irish Banks told an Oireachtas committee it had 2,879 repossession cases before the courts. Of this figure, 767 were granted. Only today, the Master of the High Court, Edmund Honohan, clearly shocked by the fact that half of the 98 cases before him were from Allied Irish Banks, asked if the Minister for Finance knew about these repossessions. He does know about them because I have told him about them here on numerous occasions. The Minister has the wherewithal to stop those evictions. It is an absolute shame and disgrace that he does not. He is acting in our name and in the name of the people when he allows Allied Irish Banks evict people from their homes.
The declaration of a housing emergency is necessary if we are to put the right to a family home above the rights of private property. It would allow us have a rent freeze, rent certainty, security of tenure and to stop evictions, both from mortgaged and buy-to-let properties. Landlords have had a bonanza over the past five years as rents have gone through the roof. Deputy Mick Barry gave us figures earlier, showing how many rents are extortionate. This rental strategy is a landlord’s charter. Against the background of significant unaffordable rent increases for ordinary families over the past five years, this rental strategy, a point which Fianna Fáil should remember, will now increase rents again way above the consumer price index. It will mean families who are already struggling will find it almost impossible to make ends meet. If this strategy goes through, one can be absolutely certain that, in the next ten weeks, landlords, in areas where the strategy does not apply, will take the opportunity to increase their rents significantly. We saw this before when the former Minister, Deputy Alan Kelly, introduced his so-called “rent certainty” terms. Immediately, there were significant increases in rents. We will see the same again after this rental strategy is introduced.
Landlords in every town across the country and in my constituency in places like Clonmel, Thurles, Nenagh, Roscrea, Carrick and Tipperary town will avail of that window of opportunity. There will be huge increases in rent in every urban area as a result of the vacuum that will be created by the passing of these amendments and this strategy.
It is absolutely necessary to declare a housing emergency. In the absence of such a declaration, this pro-landlord rental strategy will face legal and constitutional challenges that are likely to succeed.
15 December 2016
Workers & Unemployed Action 