The difference in how Irish Water was handled inside and outside Leinster House last week shows just how out of date and out of touch our national parliament has become.

On each side of the Merrion Street railings, attempts were made to remedy Irish Water. Inside the gates, TDs debated the latest legislation, attempting to use reason and the legislative process to improve things. Outside, tens of thousands of men, women and children gathered, to use their voices to do the same. In response to both groups, the Government changed nothing.

This insistence on ignoring citizens and those they elect, is, presumably, regarded as a sign of strength in Government Buildings. But such intransigence isn't strength, it's weakness. It isn't wisdom, it's ignorance. It isn't even smart politics, as it's shifting public support ever further away from Fine Gael and Labour.

At the heart of our parliamentary problem is a combination of bad rules and a winner-takes-all mindset. Both were demonstrated perfectly this week. The new Irish Water legislation was at committee stage - the bit, we hear, where the 'real work' happens. Or not. Committee stage began in the Dáil chamber at three minutes past midnight on Tuesday. The Minister, Junior Minister and 10 TDs filed into the Chamber to begin the serious business of legislation. Our job - to debate, over three days, the 46 amendments tabled. These included things like better protection against the privatisation of water, an ability-to-pay clause, guarding against double taxation, proper analysis of capital investment and deletion of PPS numbers already collected. All sensible stuff, all demanded by large swathes of the population.

So how did our national parliament get on amending legislation so toxic it led to tens of thousands of people taking to the streets? Pretty much the same as it gets on with all legislation. Of the 46 amendments, 15 came from the Minister. The Dáil had spent days debating the legislation in the previous two weeks. In theory, the Minister listens to this debate, and then reflects at least some of it via amendments at committee stage. Not a single word, or argument, or warning made it through.

So what of the Opposition's 31 amendments? The Ceann Comhairle ruled over half of them 'out of order'. As such, we were prohibited from discussing them. This is done using something called standing orders, the rules governing the business of parliament. Here's an example of how it works: No TD, other than a minister, is allowed table amendments that have the potential to cause a charge on the exchequer. Nor can they table amendments that raise money from the public. So TDs can't propose anything that might cost money or raise money. Imagine trying to amend the Finance Bill under these restrictions.

Or, for that matter, the Irish Water Bill. For example, the government promised a plebiscite before Irish Water could be privatised. But the legislation stated that Government 'may' hold a plebiscite. Dennis Naughton, spotting this, tabled an amendment to change the word 'may' to 'shall'. Out of order - the obligation to hold a plebiscite, rather than the option to hold one, might cost money.

Here's another. I tabled an amendment providing a reduction in water charges to residents in towns without wastewater treatment plants. Out of order - the reduction in revenues to Irish Water has the potential to lead to financial support from government, which has the potential to lead to a charge on the exchequer. I tabled another amendment introducing an ability-to-pay clause. Out of order - the amendment didn't speak to the provisions of the Bill. Well, it did, obviously, because the Bill included the new payment regime, but, you know, out of order. Brian Stanley and I both tabled amendments seeking a referendum to change the constitution to protect against privatisation. Out of order - the amendments didn't speak to the provisions of the Bill… well they did, but the Bill wasn't a Bill seeking to change the constitution, so, out of order.

And on it went. Suspend water charges pending proper financial analysis? Out of order. Apply a reduced charge where there's a water restriction in place? Out of order. Account for rainwater harvesting? Out of order. Subject Irish Water to review by the C&AG's office? Out of order. Ensure Irish Water is subject to the Official Languages Act? Out of order. To be clear - this wasn't the Minister refusing to accept the amendments, it was the Ceann Comhairle refusing to allow parliament debate them.

This regime applies to Bills too. I introduced a constitutional referendum Bill a few weeks ago, to ensure public ownership of the water supply. Out of order. A new standing order prohibits two Bills being introduced which are 'identical or substantially similar'. My Bill was deemed to be substantially similar to another Bill seeking a referendum, even though the two Bills sought to change different articles of the Constitution in different ways to achieve different things. But inside Leinster House, it's possible for two things to be substantially different and substantially similar at the same time. I contacted the Ceann Comhairle's office to see if I could criticise him for his actions… but it turns out that doing so would be Out of Order.

Late Thursday night there was a period of real debate, when clarification was sought on the cost of charging people for water. The Minister did his best to provide the figures, which suggest the net benefit to the State of charging people €271m for water will be less than €40m, making it the most inefficient tax imaginable. Further analysis was sought, as it's possible that it might actually end up costing the State money to charge for water. However, the Ceann Comhairle appeared on Friday morning and refused to allow the debate continue. There hasn't been a motion of no confidence in a Ceann Comhairle since 1951. It is now being actively discussed, and the process for tabling such a motion is being examined.

In the end, the Government agreed to turn the 'may' into a 'shall', but not one amendment was accepted. Not one of the demands from the tens of thousands of people outside the Merrion Street Gates was agreed to by those inside the gates. The old game continues, the pretence of parliamentary democracy keeps turning. But the public have clearly had enough of this nonsense. They're angry, and frustrated and utterly fed up - not just with Irish Water, but with a political process that disregards them and the people they've elected to represent them.

We are capable of doing things so much better than this, and we must, if we're to set the nation up for the coming years. This Government, however, is not the Government that either wants to, or knows how to, make the required changes. But that's okay, because it's not they who have the final say, it's the people. Which is the beauty of democracy - because pretty soon the people will have a clear choice - between the same stale, destructive politics of the past, or something new and fresh and altogether better.

Stephen Donnelly is the Independent TD for Wicklow and East Carlow

Sunday Independent