A referendum on the future of water services could be held after Fianna Fáil agreed to support an Opposition Bill calling for a vote.

Fianna Fáil agreed at its parliamentary party meeting on Tuesday to back the 35th Amendment to the Constitution (Water in Public Ownership Bill 2016) Bill tabled by Independent TD Joan Collins which calls for a referendum to ensure water services remain in public ownership.

The Bill is supported by Sinn Féin, AAA-PBP, the Labour Party, Green Party, Independents4Change, Social Democrats and some other Independents. Once Fianna Fáil’s 44 TDs are included, the Bill would be passed in the Dáil by a comfortable majority.

However, there will be no vote on the Bill because the Government is not opposing the legislation, thus avoiding the embarrassment of a defeat in the House.

Government sources strongly criticised the decision by Fianna Fáil to support the Bill. Senior sources insisted a commitment to public ownership was contained in the confidence and supply arrangement agreed between Fine Gael and Fianna Fáil.

‘Populist move’

“The first line of the confidence and supply agreement commits to public ownership of water services. It is a populist and expensive move by Fianna Fáil. They are all over the place on water.”

However, Fianna Fáil’s housing spokesman Barry Cowen defended his party’s position, insisting it was following through on the pledges it made in the run-up to the general election.

“We agreed to facilitate the Bill to pre-legislative scrutiny stage,” he said. “We made it clear during the general election campaign and in the discussions with Fine Gael that we support public ownership of the water and wastewater infrastructure.

“There are a couple of issues with the Bill that we will be examining during the pre-legislative stage including group water schemes and private wells and whether this could be open to legal challenge.”

It is understood Mr Cowen gave his party a number of options at their frontbench meeting, including the option to oppose it.

The majority of TDs insisted Fianna Fáil must stick to its pre-election commitments in this area.

The Cabinet did not reach agreement on how to vote on the legislation when it met on Tuesday morning.

Referendum

Minister for Housing Simon Coveney later confirmed the Government would not oppose the Bill.

Mr Coveney’s spokeswoman said there are a number of issues about the wording of the legislation. However, she said the Government would allow it to pass and tease out their concerns at pre-legislative scrutiny stage.

“The principle around it staying in public ownership is not something Fine Gael or the Government has any problem with,” she said.

The Government had been expected to oppose the Bill due to the legislative protections that already exist.

Former Labour minister for the environment Alan Kelly has included a clause which ensured that any future government who wanted to take the utility out of public ownership would have to put the matter to the Irish people in a plebiscite.

If a referendum is to be held, it will not take place for some time. The Bill by Ms Collins will be sent for pre-legislative scrutiny for debate.

It will be debated in the Dáil on Wednesday evening.