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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Water services staff transfer

Summary

Deputy Collins raised concerns about local authority water services workers facing transfer to Irish Water, insisting there should be a referendum and protection of public ownership and employment terms. The Minister said progress was being made, no one would be forced to transfer, and any move must protect existing rights and conditions.

I do not know if the Minister is aware of the situation facing local authority workers who work in water services. Under the current service level agreement, SLA, these workers, who are employed by local authorities, provide services to Irish Water. Under the terms of the SLA, they can, if they wish, transfer to Irish Water in January 2026. Part of the agreement was that there would be a referendum to enshrine water services under public ownership and management. Recently, a draft framework agreement has been negotiated through the WRC, which brings forward the date of possible transfer to Irish Water to January 2023, which is about 10 weeks away, without any commitment to a referendum on water services being under public ownership and management. This has raised very serious concerns among these workers who, if the framework agreement is implemented, will lose their existing public service status, with concerns about the pension rights they currently have as local authority employees. Part of the agreement is that workers who choose to remain with the local authority will be redeployed. However, the local authority national managers' organisation has indicated that it will not redeploy these workers. To date, the relevant union has not held a ballot of the workers concerned. While the Minister cannot do anything about that, I am sure he will agree that it is a serious democratic deficit. One thing the Minister and the Government can do to address these workers' concerns is to give a clear commitment to hold a referendum on water services in public ownership and management. I refer not just to a commitment in words, but a definite commitment with a date and an outline of the wording of such a referendum.

In 2016 I introduced a Bill based on the wording agreed by the unions involved in the Right2Water campaign, which would bring water services very clearly under public ownership and also importantly, under public management. The Bill passed First Stage without opposition, but has been stuck, or buried, at Committee Stage for six years, with the excuse that we are waiting for possible amendments from both the present and previous Attorneys General. I do not believe any such amendments will ever be produced.

The Business Committee has now agreed that a debate on the future of water services will be taken by the first week in November. Maybe then certain political parties can come forward and honestly declare their true intention on this issue. I can assure the Minister that in discussions and contact that I have had with many of the workers involved, they have told me that they will resist, in every way they can, being railroaded into an agreement without a vote, without a guarantee on their public service status and without a referendum. They will not accept it. Will the Minister and the Government announce a date and wording to enshrine ownership of our water in the Constitution, preventing future privatisation?

Comment on this

I thank the Deputy for raising the issue. First, to address the transfer of staff from within our local government system who are working in the area of water services to Irish Water, I am aware that very significant progress has been made. The Minister for Housing, Local Government and Heritage has met directly with the representatives of the workers on a number of occasions. As the Deputy said, the offices of the WRC have been used to try to reach an agreement. My understanding is that there are up to 3,000 working across the local authority system in respect of water services. We want to have a system of provision of water and wastewater services that is seamless and integrated and where there is a very clear delineation in the responsibilities of Irish Water relative to local authorities. As the Deputy is aware, as part of the framework and the progression of this issue, commitments have been given to workers, including that they will be transferred to Irish Water on terms that are no worse than their existing terms as employees of the local government sector. They are employed by specific local authorities and there is an SLA in place at the moment. Clearly, there are details that have to be ironed out. For example, the workers will be transferring into an Irish Water pension scheme and will be leaving a local authority pension scheme. The Irish Water pension scheme is Exchequer-funded, as such. The commitment that they are going to be looked after and are not going to be any worse off in their pension entitlements, and so on, must be stood over and vindicated. My understanding is that very good progress has been made. The Minister for Housing, Local Government and Heritage is working collaboratively with all of the stakeholders involved, including the WRC, Irish Water, the local government sector and, of course, the representatives of the workers, to ensure that transfer goes through.

It is in everyone's interest that it does. Many staff will choose not to leave the local government sector and will be redeployed away from water services in many instances. That is a choice they will have. They are not being forced to leave the local government sector.

The Deputy asked about a referendum on Irish Water and public ownership. The most important reassurance I can give is that there is no threat whatsoever to the public ownership of Irish Water or our water network. We have a system whereby domestic users do not pay a separate charge for water whereas commercial users do. There is no suggestion from anyone in government, or any proposal I am aware of, that would put Irish Water at any threat whatsoever. We will respond to the proposal for a referendum to copper-fasten its status as a public utility.

Comment on this

I thank the Minister. I have had a great deal of contact and discussions with the workers involved. They have told me they will resist in every way they can being railroaded into an agreement without a vote, a guarantee of their public service status and a referendum. They will not accept it.

The Thirty-fifth Amendment of the Constitution (Water in Public Ownership) (No. 2) Bill 2016, proposes that: "The Government shall be collectively responsible for the protection, management and maintenance of the public water system.", and that this be inserted into Article 28.4.2° of the Constitution. This Bill is in line with the recommendations of the expert commission on domestic water services and a special Oireachtas Joint Committee on Future Funding of Domestic Water Services. It is supported by the Right2Water unions, Unite, the Communications Workers Union, CWU, Mandate and the Operating Plasterers and Allied Trades Society of Ireland, OPATSI. It is supported by the Irish Congress of Trade Unions, which represents 600,000 members. It is supported by thousands upon thousands of people who were on the streets during the Right2Water campaign. It is supported by parties in the Dáil who supported the Right2Water campaign, including some members of the Government who, in 2018, declared they would support the thirty-fifth amendment Bill. If the Minister cannot give me a date today, will he assure me that the relevant Minister will announce the wording of a referendum, and a date for it, to protect our water service from privatisation within the next two weeks?

Comment on this

I thank the Deputy. To reiterate the core point, staff are not going to be forced to do anything. Many staff are going to make the voluntary choice to stay within local authorities and the local government sector. Others will transfer.

Comment on this

The management has said there is no employment there.

Comment on this

Others will transfer. It is important they do so on terms that are acceptable to them and that defend and vindicate the rights they currently have and the terms and conditions they currently enjoy. That commitment is being given in the context of the framework that the Minister for Housing, Heritage and Local Government, Deputy Darragh O'Brien, has brought forward. I will discuss the specific issues the Deputy has raised with the Minister, but that is my understanding of where the matter stands.

As the Deputy knows, there is a clear commitment in the programme for Government to retain Irish Water in public ownership as a national stand-alone regulated entity. We very much look forward to seeing what the Oireachtas committee brings forward. I will ask the Minister for Housing, Heritage and Local Government to revert directly to the Deputy on the matter.

Comment on this