Boycott four key points - Paul Murphy responds to Irish Water's late payment messages

February 12, 2016

Paul Murphy, Anti Austerity Alliance TD, has responded to late payment messages from Irish Water and argues against misinformation and rumours.

Irish Water is sending these out at a fierce rate now. Who do you think is paying the bill for all these threatening texts?

Having failed to get more than 50% to pay the water charges, with no mechanism to take the money off people, they are reduced to fear, fear and more fear. Texts, phone calls, threatening letters – it’s all they have to persuade people to pay.

We have to get the message out – don’t panic and don’t pay.

Four key pieces of information:

1. Yes, in July 2016 if water charges still exist, they will add an extra €30 or €60 as a penalty to your bill if you haven’t paid. But they can’t get it off you anymore than they could get the almost €200 that most people owe now!

2. They can’t deduct water charges from wages, social welfare or pensions. Despite all the scaremongering out there, and despite its repetition by some people who oppose water charges but who don’t support the boycott, they cannot take it off us.

3. The only thing they can do is when people owe €500, they could start a court process, which involves two court cases, which eventually could result in an attachment order. But the court services themselves have said they would be completely clogged up if they go down that road. If we stick together and don’t pay, this court action can’t break non-payment, like it couldn’t break it in the 1990s, when non-payment won.

4. If water charges remain, they will jump to an average of €500 per family when the cap is lifted in 2019. An average adult (based on using 148 litres per day, which is a Department of Environment figure) will owe €200 a year. Just look at the green bin charges – we know if they get it in, it will only go up and our water will be privatised.

Massive Meath Windfarm Rejected

February 8, 2016

The North Meath Windfarm Group announced in their facebook page on Fegruary 5, 2016 that An Bord Pleanala rejected plans for a massive American owned windfarm in County Meath.

"The American Developers of the massive Emlagh Wind Farm, have failed to get Planning Permission. Bord Pleanala Inspector's recommendation for a Grant of Permission, was overruled by a majority vote of An Bord Pleanala 4-2"

Mr John Callaghan from the North Meath group said in November 2015 "There is no place in Meath that is not under threat from Wind Farm development, not even the Town of Navan. Meath County Council are now considering an application for a 93 metre tall 1500kilowatt Industrial Wind Turbine to be located less than 1000 metres form Navan Hospital.
The Promised Wind Development Guidelines that might have provided protection have been postponed until after the Election.

See An Bord Pleanala's full report here Case reference PL 17.PA0038

Emlagh Wind Farm plans rejected.

Article from the Meath Chronicle Feb 5, 2016

Plans for the controversial 46-turbine Emlagh Wind Farm development in North Meath have been refused by an Bord Pleanala.
Element Power had sought permission for the construction of three wind farm clusters of up to 46 wind turbines with a maximum tip height of up to 169 metres and associated turbines foundations, hardstanding areas and drainage.
An oral hearing into the application held in the Headfort Arms Hotel, Kells, last Summer lasted for five weeks with submissions from 117 individuals and groups.
The inspector who conducted the oral hearing recommended that planning be granted for the development in his report but the board voted by a majority of 4:2 to refuse permission.
The Board’s decision was made having regard to the Wind Energy Development Guidelines, the policies and objectives of the Meath County Development Plan (noting the lack of a Wind Energy Strategy in the Plan), the need to treat wind farm development in the area with particular sensitivity given the proximity of the development to a large number of houses located in the open countryside and within a network of existing villages at Moynalty, Carlanstown, Castletown, Lobinstown and in the nearby town of Kells.

Other considerations included the location of the proposed development in an area with a history of settlement and an associated legacy of places and features of cultural importance from many historical periods, the character of the receiving landscape, the scale, height and number of the proposed wind turbines, the submissions received in relation to the proposed development and the report and recommendation of the inspector.
The Board stated: “It is considered that a wind farm of the scale, extent and height proposed would visually dominate this populated rural area, would seriously injure the amenities of property in the vicinity, would interfere with the character of the landscape and would not be in accordance with the overall development objectives of the Meath County Development Plan 2013-2019.

“Furthermore, it is considered that the proposed development would not align with the Wind Energy Development Guidelines as this guidance document did not envisage the construction of such extensive large scale turbines in an area primarily characterised as a hilly and flat farmland landscape and in such proximity to high concentrations of dwellings. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.
“In deciding not to accept the Inspector’s recommendation to grant permission, the Board considered that, notwithstanding the provisions of the National Renewable Energy Action Plan, and other national and European Union policies in support of renewable energy development (including wind), the impacts of this very large development on the substantial local residential population, and the impacts of the proposed development on landscape and cultural heritage, would not be acceptable in this location. The Board further considered that the number and height of the proposed turbines would significantly exceed the landscape’s “medium potential capacity” to accommodate wind farm development as set out in the Landscape Character Assessment of the Meath County Development Plan 2013-2019.”
The decision has been welcomed by Senator Thomas Byrne, Cllr Darren O’Rourke and Deputy Helen McEntee.

Local Moville Greencastle Group 26 Years Battle with Government Gets European Backing

February 7, 2016

On February 1st, 2016, Mr Enda Craig, spokesperson for a local County Donegal community group, Save the Foyle, received a communication from the European Commission in Brussels. This correspondence confirmed the group's assertions that Ireland had not complied with an European Court of Justice C-50-09 judgement and the Environmental Impact Assessment Directive which was passed in 2011. This means that the Irish Government will have to enact new legislation which complies with the ECJ C-50 ruling and the EIA Directive. What it could also mean is that any relevant planning in Ireland since 2011 assessed under the old discredited legislation using the SI 684 Waste Water Directive, 2007 was illegal.

Save the Foyle is a local Co Donegal group from Moville/Greencastle in Inishowen. They have been campaigning for the past 26 years against plans by Donegal Co Council for a sewage treatment plant and to pump effluent into the mouth of Lough Foyle at Glenburnie beach.

European Commission

Ms Antoinette Long, European Commission Case handler for Ireland-infringements division in Brussels, responded to Mr Craig's request for clarification on a meeting between the Commission and the Dept of the Environment on November 17th, 2015 in Dublin.

That meeting came about after a 'Save the Foyle' delegation travelled to Brussels and presented their objections about Donegal County Council plans to the Commission. They also put forward their contention that the Irish Government was not in compliance with the EU Directive namely C-50.09 judgement.

In her answer to Mr Craig's query, Ms Long stated that
“Irrespective of what may have been done in the past or of any preparatory work undertaken, we remain confident that no licencing decision will be taken (and consequently no building will be started) until the planned new legislation is in place and a licence has been obtained....... However, we believe that this legislation should ensure compliance with the C-50 judgment in the area of waste water discharge licencing. Therefore any future decision should and must comply with the judgment and with the EIA Directive.”

Mr Enda Craig's statement on behalf of 'Save the Foyle'

"This is what we have argued from day one and finally we have got someone to listen to our concerns. Most of our local politicians rejected us, Donegal Co Council and An Bord Pleanala rejected us, the EPA rejected us, the High Court rejected us as did Irish Water and the the Irish Government. It's a poor reflection on our country that its citizens must go to Brussels to access justice.

Save the Foyle,  Moville/Greencastle group with John Waters.  from left: Paul McLaughlin, Mrs Pat Hume, Dan McGuinness, John Waters, Don McGinley, Enda Craig, Thomas Farren. — Save the Foyle, Moville/Greencastle group with John Waters. from left: Paul McLaughlin, Mrs Pat Hume, Dan McGuinness, John Waters, Don McGinley, Enda Craig, Thomas Farren.

Now we have confirmation that Ireland was non compliant with very important legislation involving licensing and planning permission for waste water treatment plants. In particular for a case such as ours we have been seeking the protection of this and other EU legislation which was denied us in the lead up to and the granting of permission for the sewerage scheme.

This has implications for all major planning projects, particularly those that have potential to do serious damage to our environment. A discharge licence cannot just be tagged on at the end of a scheme that has already received planning permission. These schemes must not be split up into separate planning applications and must be assessed as one unit.

Save the Foyle have been down every road to highlight the idiotic decision of Donegal County Council to pump effluent into an enclosed Estuary when access to open sea is available.

In 1990 Donegal County Council elected members unanimously passed a motion to reject any proposal to pump sewage or effluent from the proposed Moville/Greencastle Sewerage Scheme into Lough Foyle and to relocate the proposed treatment plant and outfall pipe at a more suitable location outside of the environs of the Lough. This was overturned by an executive decision and permission was granted.

Ignoring this unanimous decision by the Council caused millions of euro to be spent on consultants proposing a scheme, an ultra expensive oral hearing, an appeal rejected by an Bord Pleanála (despite the opinion to refuse planning permission by the Boards Inspector on three separate occasions).

Our community has had to stump up and support me in an expensive High Court Challenge which I believe failed to identify the requirements of C50/09 in a case of such environmental importance.

Irish Water have taken over responsibility for the Moville proposed treatment works and it's discharge of effluent.

They should halt their plans to continue with procuring the scheme. In the communication from Antoinette Long the Commission states that they anticipate the scheme cannot progress until new legislation is in place.

Irish Water is throwing more good money after bad. This should not be an option.

The responsibility for past 26 years of hell that this little community of Carnagarve has endured must be placed directly at the feet of Donegal County Council.

After having democratically and unilaterally selected the perfect location for the disposal of the properly treated effluent into the Wide Atlantic, North of Greencastle in 1990, they have spent (or rather wasted) millions manipulating the disputed plans.

These 26 years have been made even worse by the despicable treatment we have been subjected to by most of the agencies we have had to deal with. These agencies, whose function should be to inform and assist, have shown themselves incapable of transparency when it came to applying regulations.

Nothing less than a wide ranging investigation should be accepted into the incompetence that has left this community without an up and running plant for this past twenty years.”

Sunrise at Glenburnie beach, Lough Foyle

Read full ECJ Judgement on www.shelltosea.com
Read full history of the campaign here savethefoyle.com
For other background reading see article nobel-peace-prize-winner-the-sewage-plant-and-irish-water

Harkin praises Moville campaigners following Carnagarve breakthrough

Highland Radio Feb 10, 2016

Midlands North West MEP Marian Harkin has praised the Campaign for a Clean Estuary in Moville after the EU confirmed to the group that Ireland was non compliant in relation to granting planning permission for waste water treatment plants, and new legislation is now necessary.

This impacts on the long running debate about the proposed treatment plant at Carnagarve, which local campaigners believe must now go back to the drawing board.

Marian Harkin says the group’s campaign has been pivotal in highlighting Irish breaches of EU regulations……….

Buncrana Together

On the face of it you might wonder what is the significance of this ECJ C-50 judgement on a sewage treatment plant and a small, beautiful unspoilt beach in a remote corner of Ireland.

To the handful of dedicated campaigners who have battled for 26 years, this is a major victory.

However, it is not until you look into the implications this judgement may have nationally that you begin to understand the potential significance. The communication from Brussels regarding the meeting with the Irish Government last November, brings up major questions which must be answered. For example why was the Irish Government's not compliant with EU directives since 2011. Why did various planning and environment bodies doggedly pursue the Moville sewage plan under old legislation even though it had been made redundant since 2011? Why were bodies such as Donegal County Council, An Bord Pleanala, the Environment Protection Agency complicit in the questionable plans? Why did the Government squander millions of pounds of tax payer's money. And many, many more questions need answered, not least why did they treat a community for 26 years the way they did?