Why the 9.4 water exemption clause on water charges is a game-changer, missing from Oireachtas Report and sadly going to disappear

This is another interview from OceanFM, NWT, June 23 2017 on the issue of the 9.4 Exemption clause of the EU's Water Framework Directive that gives Ireland an exemption on water charges.  Michael Mooney, a former election candidate in Donegal with the Right2Change campaign speaks clearly and passionately on the history and importance of the 9.4 Exemption clause.  He voices the disillusionment and shock that many in Ireland feel over how we were led, how the campaign against water charges has gone and about our fear that water charges are coming down the line.

OceanFM NWT, June 23, 14 mins

 

Buncrana Together

Charges coming down the line

Anyone interested can view the draft River Basin Management Plan 2018-2021 on the Dept of Housing's website. 

Click the link opposite to view the complete draft plan.  Page 77 gives you an idea of whats coming down the line with regards charging and structuring.   

Imagine the importance of the River Basin Management Plan, a fundamental building block of the Water Framework Directive where all future structuring of our water is planned.  Imagine after it's importance and the 9.4 Exemption was highlighted in the Oireachtas Committee and it didn't even get a mention in it's final report. 

 

What have we got really?

Having read the report from the expert Commission in particular paragraph 2.1 'Water Charging in Ireland: Timeline of Key Decisions', page 6, we came across the following;

"September 2014: the CER decided on the water charges tariffs (taking account of the Ministerial Policy Direction) that came into effect on 1 October 2014. The main aspects of the charging regime were: a free household allowance of 30,000 litres; free allowance for each child; exemptions for certain medical conditions; charges for usage above the allowance; and households without a meter would be charged on an assessed basis, using occupancy as the criteria for assessment.  More details of the Charging Plan are listed in Appendix 2.

Does that not sound all too familiar and that was back in 2014?  Note also not a peep about Irish Water Ltd which is by now well entrenched, politically and financially.

Donegal man hits out at TDs for failing to protect a vital exemption for Ireland on water charges

This article is taken from Oceanfm, June 21, 2017 where Enda Craig, Buncrana Together,  takes on Thomas Pringle a member of the Right2Water TDs on the now defunct Oireachtas Committee on Domestic Water Charges.    Buncrana Together continue the theme of the role played by the Right2Water TDs on that committee and what we can only see as a terrible and serious omission of any mention of the 9.4 Exemption in their report, draft or final. 

We published an article last year, that explained this exceptional 'Irish Exemption' clause and why it must be included in any river basin management plan.  It can be found here.  However, the relevant 9.4 section below is the main clause of Article 9 of the Water Framework Directive 2000.  We must emphasis that this exemption was a hard won clause brought about by past anti water charges campaigns in Ireland.

4. Member States shall not be in breach of this Directive if they decide in accordance with established practices not to apply the provisions of paragraph 1, second sentence, and for that purpose the relevant provisions of paragraph 2, for a given water-use activity, where this does not compromise the purposes and the achievement of the objectives of this Directive. Member States shall report the reasons for not fully applying paragraph 1, second sentence, in the river basin management plans.

A Donegel man has hit out at politicians involved in the campaign against water charges as failing the Irish people.

Activist Enda Craig has hit out at TDs including Independent Donegal TD Thomas Pringle for claiming victory on water charges too soon.

Donegal community activist Enda Craig who also campaigned against those charges says he was appalled to see the Right-to-Water charge campaigners claiming victory on the plinth of Leinster House In April, before the final report had been properly considered and voted on.

Mr. Craig says a vital 9.4 clause in the EU Water Framework Directive agreed years ago at a European level gives Ireland a unique exemption from charging domestic water charges..

He told North West Today, that TDs like Deputy Pringle should have fought harder to protect this clause which he says is not even mentioned in the final report:

Listen to 18 mins of the oceanfm debate below

 

Buncrana Together

This is the only explanation we have had to date from Right2Water over the issue of the premature claim of 'victory' that was based on a 'confidential' draft report and the omission of the 9.4 Exemption from any report.  Unfortunately Mr Pringle sidesteps the questions and does not answer either.   His excuse that the Right2Water TDs only made up 25% of the committee and Fianna Fáil   'did a complete U-turn' does not explain anything about the 'victory' claim or the omission of the 9.4 Exemption.  However,  Mr Pringle's response poses the question of why did they take part in an obvious rigged committee in the first place?

New Evidence bombshell - Sinn Féin spearheaded water charges in Europe while campaigning for abolition at home

by James Quigley & Enda Graig

New evidence was posted on the facebook page by Michael Mooney, Letterkenny, last week. The evidence shows Lynn Boylan, Sinn Féin MEP, proposing a progressive water charge in the the European Parliament in Strasbourg on the 8th September 2015.

This new evidence contradicts denials by Ms Boylan which appeared onRTE News on 9th Sept 2015,  ‘Boylan denies Sinn Féin backed water charges in European Parliament’.  At the time anti water activists took the explanation at face value because the accusation came from a Fine Gael MEP.  However, what this irrefutable evidence now shows is that while Sinn Féin was campaigning for the abolition of water charges and metering in Ireland they were the driving force for them in Europe.

The video shows Ms Boylan’s attempting to amend paragraph 92 of the European Citiizen’s Initiative Right2Water A8-0228/2015 . Ms Boylan was the main rapporteur of the original report and as such was responsible for preparing and presenting it to parliament. Her amendment was not successful, however, her original report including paragraph 92 was accepted.

Sinn Féin MEPs at the European Citizens' Initiative Right2Water vote in Strasbourg 8th Sept, 2015

 

Ms Boylan’s proposed amendment was;

″Mr President, I just have said to the Tabling Committee that we want to put forward an oral amendment for paragraph 92 and the amendment is;
calls on the Member States to introduce, in accordance with World Health Organisation guidelines, a pricing policy by the application of a progressive charge that safeguards people’s right to access a minimum quantity of water for living and reduces waste.″

 

Paragraph 92 of original report that was passed states;

‘Calls on the Member States to introduce, in accordance with World Health Organisation guidelines, a pricing policy that respects people’s right to a minimum quantity of water for living and cracks down on waste, providing for the application of a progressive charge that is proportional to the amount of water used;’

 

The smoking Gun

Michael Mooney, provided a link to the full European Parliament vote and included the following statement.
“WE presented it in black & white, now we present it in colour. This makes for a horrendous 35 seconds of viewing. Now we have the chief suspect NAILED for planting the bomb on our exemption from water charges. But she has many accomplices that didn't expect our investigations to uncover their cunning plan of deceit and betrayal on their own people. Firstly she denied knowledge of this paragraph. Secondly she was caught lying about having no knowledge as she tried to have it amended. Thirdly she and her accomplices still voted for it!”

 

Sources: Michael Mooney facebook
               Lynn Boylan amendment and links to European Citizens' Initiative

Buncrana Together

Based on this evidence we would say that if the Oireachtas Committee on Funding Domestic Water was a court of law we would be entitled to call a mistrial and sack the anti water charges representatives who comprised 25% of it's members.   With representatives like this it's no wonder we got the result we did.  Now it looks like the Oireachtas Committee was hobbled before it even got started, possibly preordained and prearranged by political parties. 

What sticks out a mile was the omission of Article 9.4 of the Water Framework Directive known as 'the Irish Exemption' in the final report of Oireachtas Committee.  This was what Mr Mooney referred to as 'planting a bomb on our exemption'.  Sinn Féin's support for water charges in Europe and the 9.4 Exemption is mutually exclusive.