European Commission questions NI water charges decision

This is fourth in the series looking at articles relating to water charges in Northern Ireland.  The BBC article is dated August 22 2016.  It was published after Britain's EU referendum June 2016 but before Teresa May triggered Article 50 March 2017.  The point about timing is how would Brexit affect this EU pilot case or indeed Stormont's commitment to the EU Water Framework Directive.  Wouldn't it be interesting to find out the outcome?

We have contacted the EU Commission Representative for NI (incidentally in London) about any outcomes and as soon as we get their answer, if any, we will let you know. 

 

European Commission questions NI water charges decision

By Conor Macauley BBC NI
Agriculture & Environment Correspondent

The European Commission has asked questions about the Northern Ireland Executive's decision not to charge homeowners for water.

Stormont officials have refused to give any details citing confidentiality.

Homeowners will not face bills until at least March 2017, after MLAs ruled to defer charges.

Instead, the executive pays the cost of £280m a year to NI Water. Further legislation is expected to extend the policy.

However, the decision could mean that the authorities are not complying with European rules on water quality.

The EU Water Framework Directive envisages that users should pay for their water to promote conservation.

'Pilot case'

Officials in Northern Ireland make the case that people do that through their regional rate.

Northern Ireland is the only part of the UK not to levy a charge on homes, although businesses do pay charges.

That has prompted a debate with calls for the introduction of a charge on homes to pay for improvements in infrastructure.

Now, the European Commission has opened a so-called "pilot case" to look at the issue.

Essentially, this is a way for the commission to establish whether EU rules are being correctly applied.

It allows for the commission and member states to resolve any conflicts without resorting to infringement proceedings.

The Department of Agriculture Environment and Rural Affairs (DAERA) said it could not comment on the detail of the case.

"It is the subject of a confidential dialogue with the Commission and the release of further details could potentially prejudice the outcome of those discussions," said the department.

The two sides get about 20 weeks to try and sort out their differences.

Many cases are resolved without going to a formal hearing.

Source: BBC News NI, Aug 22 2016

CER announces extension of water charges plan to 31 December 2017

The Commission for Energy Regulation (CER) announced on 10 August 2017 that it approved Irish Waters Charges Plan update that extends the deadline for suspension of domestic water charges to 31 December 2017.

 
 

The announcement made on CER website states:

The CER has today, 10 August 2017, published an updated version of Irish Water’s Water Charges Plan. This document has been approved by the CER. 
 
The document has been updated by Irish Water to reflect an extension (through legislation) of the period for which domestic water charges are suspended. The period of suspension has been extended by five months to 31 December 2017. Please note that this Water Charges Plan does not reflect the Report of the Joint Oireachtas Committee on the Future Funding of Domestic Water Services, published last April. Further amendments to the Water Charges Plan may be required at a later date pending the legislative changes anticipated following that report.
Today’s publication, 10 August 2017, supersedes any previous Water Charges Plans.
For details regarding the legislation which provided for the extension to 31 December 2017, please see the Water Services Act 2014 (Extension of Suspension of Domestic Water Charges) (Amendment) Order 2017 or S.I No. 330 of 2017.
Charges were originally suspended to 31 March 2017 by the Water Services (Amendment) Act 2016, and this was subsequently extended to 31 July 2017 by Water Services Act 2014 (Extension of Suspension of Domestic Water Charges) Order 2017 or S.I. No. 118 of 2017. These pieces of legislation are available on www.irishstatutebook.ie.
 

Source:  http://www.cer.ie/document-detail/Irish-Waters-Updated-Water-Charges-Plan-2017/1175

 

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?