Irish politicians trying to blame Brussels on water charges had no legal basis for their arguments

June 7, 2016

Harkin Denounces Irish Politicians on Water Charges

Irish politicians who were trying to blame Brussels on the water charges issue in pursuit of their own agendas had no legal basis for their arguments. This charge was levelled in the European Parliament in Strasbourg by Independent MEP Marian Harkin when she denounced political attempts to blame Brussels in the current controversy.

Marian Harkin said:- “My question is ‘Can Irish politicians use the time honoured excuse – Brussels made us do it’ in relation to the payment of water charges?

“The Water Framework Directive gives Member States a clear ‘opt out’ where they can decide in accordance with established practices not to apply water charges. In fact this opt out was put in place for Ireland; the reality is Irish governments have so far not activated that opt out in their river basin management plans.

“So the question now is, what are established practices? Former Commissioner Potocnik himself answered that question in 2010 when he clarified established practice as being at the time of adoption of the Directive. For EU and Ireland that was 2003 - not 2010, not 2012, not 2016, its 2003 when there was no question of water charges being applied. There should be no further argument on this point, the Commission have clarified it already.

“Furthermore in 2014 the European Court of Justice found against the European Commission when they took Germany to court for not charging for certain water services, including personal consumption.

“The Court was clear in its judgement when it stated ‘the EU legislature intended to allow Member States to determine the measures to be adopted for the recovery of costs without extending it to all services associated with water use’.

“This puts beyond question any suggestion that Member States must apply water charges. The ECJ has very clearly stated that Member States have flexibility when it comes to charges for water - that’s how the legislation was written in the first place and that´s how the Court ruled. The Court further states the Directive ‘does not per-se impose a generalised pricing obligation in respect of all activities relating to water use’, once again clarifying that Member States do not have to impose water charges.

“In this case, what’s good enough for Germany is good enough for Ireland and those Irish politicians who are trying to blame Brussels while pursuing their own agendas have no legal basis for their argument”, Independent MEP Marian concluded.

Original article; www.mediahq.com, June 7, 2016

FF anger as Taoiseach insists we must pay for water

June 5, 2016

Fianna Fail is demanding that Taoiseach Enda Kenny withdraw his claim that water charges cannot be abolished under strict EU rules as the fragile minority government lurches into a fresh crisis.

With bills due to be suspended at the start of next month, Fianna Fail and Fine Gael are once again at loggerheads over the future of domestic water charges.

After a week of claims and counter claims over interpretations of EU laws on water, the Taoiseach yesterday announced that people will have to pay for water in the future or the country will face hefty fines from Brussels.

Last night, Mr Kenny was supported by Housing and Environment Minister Simon Coveney, who told the Sunday Independent it is his belief that Irish homeowners are required to pay for water under EU law.

Mr Coveney also revealed he personally rang EU Environment Commissioner Karmenu Vella to "reassure" him about the implications of the political war over water charges in Ireland.

The fresh water controversy has sparked anger in Fianna Fail with the party's environment spokesman Barry Cowen calling on Mr Kenny to "retract" his remarks on the divisive issue.

Mr Cowen said Fianna Fail agreed to facilitate a Fine Gael minority government on a "clear understanding" that water charges could be abolished if it was recommended by an Oireachtas committee and voted on by the Dail.

"There was the understanding of those representing him during the negotiations, that the recommendations of the committee, even if they included abolition and it was accepted by the Dail, would be abided by as that is the will of the people," Mr Cowen said.

Fianna Fail's social welfare spokesman Willie O'Dea also said Mr Kenny's comments are "not credible".

The Sunday Independent has also seen an internal Fianna Fail briefing document that states that the party believes "there is now a clear route to get rid of water charges".

"The Fianna Fail position remains the same and our legal advice confirms that domestic water charges do not have to be applied in Ireland under EU law," it states.

However, Mr Coveney, who was central to negotiations with Fianna Fail, said he was always of the belief that some form of domestic water charges would have to be reintroduced after the suspension period due to the EU water framework directive.

"When we signed up with Fianna Fail to nine months' suspension, I have always held the view that we have an obligation under the water framework directive and, until someone else tells me otherwise, we have to have some form of a domestic charging system," the minister said.

During an interview with the Irish Independent, Mr Kenny said it was his belief that EU rules meant "you are going to have to pay" for water charges.

Asked if Mr Kenny's comments were helpful to the workings of the Government, Mr Coveney said: "I agree with the Taoiseach and it is important that he is upfront and honest with people, but my job is to try and manage the debate.

"The Taoiseach has lots of other things to do. As minister with responsibility for water, it is up to me to try and create a rational discussion around water and how we pay for it and how we can dramatically improve infrastructure."

The latest row over water was sparked by response to a question posed by Sinn Fein to the European Commission which was interpreted as saying Ireland must pay domestic water charges.

Mr Coveney said he spoke to the EU Environment Commissioner "at length" to explain why water charges are being suspended and to give context to the water charge debate that dominated the political landscape last week.

Original article; Sunday Independent, June 5, 2016

'You're going to have to pay water charges'

June 4, 2016

Kenny says bills solution must comply with EU law

Taoiseach Enda Kenny has adopted a surprisingly hard line on water charges, insisting homeowners will have to pay to abide by EU law.

In an exclusive interview with the Irish Independent, Mr Kenny has reopened the water charges debate saying: "You are going to have to pay."

Mr Kenny also suggests reducing the point at which water bills can be deducted from non-paying homeowners' wages from the current €500 limit.

The Taoiseach was speaking after a European Commission clarification this week that water charges can't be abolished once they are in place.

The Oireachtas is setting up a committee to recommend the future of water charges - and the bills have been parked pending its outcome.

Mr Kenny says: "There is the issue that the Oireachtas Committee and the Dáil is not going to vote for something that it knows is illegal," he said.

The Taoiseach also said he has a "very clear process" planned to hand over to his successor as Fine Gael leader. He intends to stay in office for the full term of this Government, yet not lead the party into a general election.

"I have a very clear understanding of what it is that I am going to do and I will set that out in due course," he said.

Original article; Irish Independent, June 4, 2016

Buncrana Together

An amazing outburst by Enda Kenny, the leader of a minority government which, by the way, agreed a programme for government with Fianna Fail. This agreement included the suspension of Water Charges and setting up of a commission into the best model for water provision in Ireland.

What will Fianna Fail make of Mr Kenny's statement? Does it not renege on their agreement? The statement is neither statesmanlike or diplomatic. It portrays a smugness, a self righteous complacency, a petty triumphalism, a threat. But worse it portrays a leader willing and happy to abdicate sovereignty to the European Union. Democracy or the will of the people does not seem to figure.

He is quite willing to preempt the outcome of any supposedly independent commission on our water infrastructure. It is loading the dice, it's propaganda, it is acting on an EU official's unclear and confusing communication and media interpretation of this opinion. It is all things that a leader should not do.

We would advise Mr Kenny to read Marian Harkin's article 'To pay or not to pay, there is no question' for a clear investigation and facts on the issue.