Expert on the Water Framework Directive contradicts Government Ministers and EU Commisioner

Ray Earle

In an interview on RTE This Week, July 3, 2016, Mr Ray Earle, an expert on the Water Framework Directive,  says there is nothing in the Directive that says Ireland has to apply a direct billing scheme. 

Mr Earle's view contradicts a recent communication from the European Environment Commissioner,  Karmenu Vella to MEP Marian Harkin,  in which he stated that Ireland no longer had an exemption from water charges, see article EC: Ireland has no exemption from Water Charges.  In the communication Mr Vella also implied that the Commission could initiate infringement proceedings against Ireland if it abandons water charges.

Mr Vella's interpretation of the Water Framework Directive and his threats were recently pounced on by several Government Ministers in their condemnation of Anti Water Charge campaigners both in the media and in Dáil Éireann. 

In fact both the present Fine Gael and former Fine Gael/Labour governments have used this Brussels' stick for quite some time.   Now Water Charges turns out to be another austerity measure agreed by the Irish Government and the Troika.

For a full explanation see Marian Harkin's article 'Use it or Lose it'


USE IT OR LOSE IT’ SAYS HARKIN

The European Commission is attempting to move the goalposts concerning the issue of water charges in Ireland by giving contradictory responses to questions from members of the European Parliament.

Marian Harkin MEP

This was stated by independent MEP Marian Harkin when she slated the European Commission for issuing confusing messages and, in the process, misrepresenting the position governing water charges in Ireland. She said- “The European Water Framework Directive lays down the rules on charging domestic consumers for water. It contains a derogation put there specifically for Ireland that, in line with ‘established practices,’ a member state may decide not to impose water charges for certain users including for domestic purposes.”

She referred to a Commission response to a question which indicated that the ‘established practices’ were in fact decided when the Directive came into force as far back as 2003. She pointed out that subsequently in 2010 the Irish government signalled its intention to introduce water charges in its first River Basin Plan and charges were subsequently introduced in 2014. “However, in a recent response from the European Commission the goal posts were moved and they now say that ‘established practice’ in fact relates to 2010 when the government introduced its plans,” she said.

She pointed out that this response totally contradicted the first reply which was clear and unequivocal about the timing which is 2003. “This unfortunately shows us that that the European Commission has learned nothing and are trying to force water charges in Ireland by making it up as they go along,” Marian Harkin said.

The Independent MEP stressed that the Commission should know better as it lost a case in the European Court of Justice when it took the German Government to court for not charging for water. “That judgment clearly states that the Directive gives Member States the flexibility to charge or not to directly charge for water,” she said.

She continued:-“Furthermore, and most importantly, Ireland still has to submit its second River Basin Plan in which it can activate the derogation for water charges. This has been confirmed by the Commission which stated; ‘should Ireland wish to rely on the provisions of article 9 (4) in the second River Basin Plan a justification needs to be included in the plan.’ Crucially they also state that this needs to be reflected ‘in the draft plan so that the public can effectively comment thereon.’”

There was an immediate need to focus on this issue, she emphasised because, as of now the Government was refusing to avail of the derogation and erroneously saying that the European Commission would not allow it. “This is the European Commission and the Government being two faced and, if the Government doesn’t act now, we could find ourselves in a situation that water charges will be imposed with the Commission entitled to say that the Irish Government did not seek a derogation,” she said.

In this situation, there would not be any justification for the Irish Government attempting to blame Brussels when the power to implement policy existed in their own hands- it’s a matter of use it or lose it, Independent MEP Marian Harkin concluded.

Original article; www.marianharkin.com, June 28, 2016

Irish Water stopped metering in Carrigmore Tallaght Dublin due to protest

Irish Water tried to install meters in Carrigmore Lawns in Tallaght, Dublin on June 28, 2016.  However this attempt by Farrens contractors was stopped by residents.  'We Won't Pay the Water Tax - Tallaght'  community group published a letter from Irish Water to Cllr Kieran Mahon who complained on behalf of the residents.   

The Tallaght group informed readers to "disregard the part in the letter about 'hostile protesters' because they said it is simply not true.  One of the points that readers should note is the point about 'advanced notice'.  Of course the main point is the use of peaceful protest against installations and the mobilisation of local communities."

The group ended by highlighting the last line in the letter where Irish Water stated " We can also confirm there are no further plans to return to Tallaght to install meter at the moment".  However, he Tallaght community group warned people to be vigilant.

Below is a letter from Irish Water to Councillor Mahon who represented the residents of Carrigmore Lawns.

Dear Councillor Mahon,

In response to your query on behalf of the residents from Carrigmore Lawns in Tallaght.

Irish Water is currently implementing Phase 1 of the National Metering Programme whereby water meters are being installed outside domestic residences on publicly-accessible land. The meters are being installed in line with the survey results as carried out by each Local Authority. Any properties that have been identified as suitable for a water meter and are scheduled for meter installations under the works programme are being notified a minimum of two weeks in advance of the meter being installed where practicable. The metering project team endeavours to provide further notification at least 3 days in advance of the installation. Irish Water and its contractors endeavour to meet this requirement where possible, however, there are occasions when works have to be re-scheduled at short notice.

Cllr Kieran Mahon, AAA

 

We can confirm that in that 10 properties in Carrigmore Lawns received D14 notices last week and D2 notices on the morning of the planned works, the 28th June. However, while attempting to install these 10 meters yesterday, our contractors encountered a very hostile group of protestors, they returned to site this morning to backfill the excavations, tidy up the area and put up barriers as they were prevented from doing this yesterday. The permanent reinstatement will be completed as soon as possible. We can also confirm that there are no further plans to return to Tallaght to install meters at the moment.
Yours sincerely,

Local Representative Support Desk

Original facebook article;  We Won't Pay the Water Tax-Tallaght