Sinn Féin, the Technical Group and several independent TDs have written to President Michael D. Higgins to ask him to not sign the Water Services Bill into law.
The group has requested the President does not confirm the bill which passed through the Seanad yesterday, using Article 26 – allowing the President to not sign a bill into law despite it passing both houses of the Oireachtas, but rather send it to the Supreme Court for an examination on the bill's constitutionality.
Sinn Féin Whip Aengus Ó Snodaigh TD said, “the will of the people has been clearly illustrated on this issue with thousands demonstrating outside Leinster House on December 10.”
“Sinn Féin, the Technical Group and some other Independents are now asking that the President invokes Article 26 and exercises his powers within the Constitution.”
“However, the Fine Gael and Labour coalition used its majority in the Oireachtas to force this Bill through against the clear wishes of the people,” Mr Ó Snodaigh added.
"The Irish people should have the right to decide on an issue of such national importance through a referendum."
The office of the President responded, saying the President "is considering whether any provisions of the Bill are repugnant to the Constitution."
Letter of response from the office of President Michael D. Higgins
The full text of the letter reads:
Máirt 23 Nollaig 2014
A Uachtaráin, a chara,
Under Article 26 of Bunreacht na hÉireann we request that you consider declining to sign and promulgate as a law the Water Services Bill 2014 on the ground that the Bill contains a proposal of such national importance that the will of the people thereon ought to be ascertained.
We make this request on the grounds that:
1. There is such a degree of widespread public opposition to the imposition of charges for water as proposed under Section 3(2) of the Bill that such a proposal should be put to the people by way of referendum or by holding of a general election before such charges are introduced.
2. The proposed plebiscite on the ownership of Irish Water in section 2 of the Bill does not satisfy demands for a constitutional referendum to enshrine the public ownership of Irish Water into the Constitution.
3. The proposal in Section 3(3) of the Bill which will require households who are unable to drink the water in their taps due to contamination to pay 50% of their water charges is fundamentally unjust.
The letter was signed by:
Brian Stanley TD;
Gerry Adams TD;
Seanadór David Cullinane;
Seanadór Trevor Ó Clochartaigh;
Seanadór Kathryn Reilly;
Jonathan O'Brien TD;
Caoimhghín Ó Caoláin TD;
Mary Lou McDonald TD;
Michael Colreavy TD;
Seán Crowe TD;
Pearse Doherty TD;
Dessie Ellis TD;
Martin Ferris TD;
Pádraig Mac Lochlainn TD;
Sandra McLellan TD;
Aengus Ó Snodaigh TD;
Peadar Toibín TD;
Róisín Shorthall TD;
Tommy Broughan TD;
Catherine Murphy TD;
Richard Boyd Barrett TD;
Ruth Coppinger TD;
Joan Collins TD;
Thomas Pringle TD;
Joe Highins TD;
Finian McGrath TD;
Mick Wallace TD;
Shane Ross TD;
Maureen O'Sullivan TD;
Paul Murphy TD;
Mattie McGrath TD;
Thomas Fleming TD;
Stephen Donnelly TD;
Clare Daly TD;
Seanadór Gerard Craughwell
Seamus Healy TD;
John Halligan TD;
Michael Fitzmaurice TD;
Originally published 23/12/2014
