Our Water meeting with Senior Counsel

Article by James Quigley

                                                                                                                                                              Insert; Matthias Kelly, Q.C.S.C

For the past few weeks Buncrana Together hasn’t been too active.  It is due, in my opinion, to a big dose of despondency, that more than likely is terminal.  We are really worn down by the treachery of the leadership in R2W / Sinn Fein, battered by the verbal slings and arrows of their devoted followers and also by what seems to be a futile exercise, trying to awaken some kind of critical thinking not only in the general public but also in Ireland’s so called progressive thinkers.

What criticisms or analysis has there been, for example,  of the massive grassroots movement which at one time was so strong that the majority of Irish households refused to accept the establishment of Irish Water, pay water charges and allow metering? This opposition was so widespread that it was like a revolution,  instrumental in forcing a change of government and abolishing newly introduced legislation. It stopped in it’s tracks the establishment’s multi billion Euro push to privatise water, setting up a quasi private water company, introducing itemised billing of domestic water and the role out of smart water meters.

What analysis was there when after removing the sugar coating, it looks like all that we were fighting against has now been realised? Irish Water is  very much entrenched in minds and legislation. It will shortly role out itemised billing and continue it’s metering programme and little by little the sprinkling of a sugar coating  will be reduced  until all that was envisage by the establishment will be fulfilled.

After years of effort and struggle by the people of Ireland, there wasn’t even a whimper when the R2W affiliated trade unions and politicians joined up with the Fianna Fail and Fine Gael’s 2016 ‘Programme for Government’ deal in the form of the Expert Water Commission and the Oireachtas Water Committee.

Prior to and during that political duplicity all the R2W leadership and politicians, accepted the principle of a single water company, excessive use charges and metering and enabled the movement’s initiative and momentum to be hijacked and ring-fenced in a long drawn out political process.  

No matter their various agendas it was like they got a whiff of the limelight and saw the potential for political publicity.  The result was they hijacked the movement, wrested it from the people of Ireland and controlled it within their political domain.  From that day on, the day of capitulation, the revolution or potential for political change was nullified. 

Our Water
In our articles in Buncrana Together we have produced a lot of evidence to back up our claims for those willing to read. Evidence that we, as non professional,  were able to gather. However, it was the many unanswered questions together with a lack of official information, (not subject to the Freedom of Information Act), that led us recently to form an ad-hoc group which we called ‘Our Water’,  with the aim was to try get some clarity and explore avenues that we could take, legal or otherwise.  Our main emphasis was on a legal loophole i.e Ireland’s Established Practice, incorporated in Section 9.4 of the Water Framework Directive, and Ireland’s second River Basin Management Plan which was presented to Brussels in April this year. . Both of which received little attention from R2W and the politicians.

Our Water concluded that it needed unbiased legal advice and find out definitively whether there was any legal grounds that we could follow.  Having found out that this was going to be costly we set up a GoFundMe campaign and within two weeks we collected €2500 and arranged a meeting with Matthias Kelly SC in Dublin on 17/05/2018. Our Water representatives at the meeting were James Quigley, Mark mcAuley, Brendan Kelly and Michael Mooney.

Below is a pdf file of the meeting between Our Group and Matthias Kelly Q.C.S.C in the form of questions and answers. (SC denotes Senior Counsel). It is informative but somewhat alarming and unfortunately it is quite long.


Nasty News for Water Warriors

Original article by Dublin Eileen posted on www.maxkeiser.com December 2017

 

A Christmas holiday custom in Ireland is to break nasty political news just before the big day when everyone is too busy to take much notice. Today, news broke of how rejigged legislation will bring in disputed water charges, (a prerequisite of the EU’s ‘bail out’ agreement), through the back door. Here is the article: Almost 100,000 households face being hit with a new water charge from 2019. This begs the question as to why has no one has kicked up an enormous fuss about the potential loss of an important legal EU exemption? A legal protection that is one of the most useful weapons that the water movement has against the pillaging of the water resources of Ireland. This provision allows the Irish public to pay for domestic water services via general taxation as opposed to direct charges.

Exemption 9.4 of the Water Framework Directive, was negotiated and renewed by successive Irish governments as part of the River Basin Management Plan. It is due to lapse in two months time and there is a blanket silence over the issue. Neither media, politicians nor activists from any side of the spectrum are discussing it. Without it, Ireland will be liable for hefty fines from the EU for not following the commission’s preferred option of direct payments by individual families to both privatised and publicly owned water companies.

The Irish public have made their position clear. They prefer paying for the service via general taxation. Above all they fear and reject privatisation of the resource, feeling that direct charges leave the water resource utterly vulnerable to that fate. They know that privatisation will lead to skyrocketing prices, poor quality control and water poverty. Indeed these are issues that have prompted many European local authorities, at substantial cost, to resume management and ownership of their own water services.

Allowing the exemption to lapse certainly suits the neoliberal Fine Gael and Fianna Fail ruling parties, (currently in a ‘confidence and supply’ minority governent arrangement), whose ideological position is one of privatisation of public services. However for politicians from the other side of the house to allow this happen is like handing your biggest cannon to your foe and affording them the means to utterly defeat you. Media commentators will use the resulting EU fines to support the ruling party’s line and crush the grass roots led Anti Water Charges Movement.

What options do members of the public who wish to continue paying for their water services via general taxation have?  Perhaps the best one is to ask vulnerable Fianna Fail parliamentarians what they are doing to safeguard the exemption?  It’s retention is the only legal safeguard our water resource has.

The 9.4 Clause of the EU Water Framework Directive

The following is an extract from 'The Future of Water Charges' a legal opinion obtained by the Joint Committee on the future Funding of Domestic Water in Ireland February 2017.

Paragraph 18. { “If the derogation (exemption) is to continue to be availed of, Ireland must explicitly include the derogation in its next River Basin Management Plan and state the reasons for availing of the exemption.” }

…..Signed : Matthias Kelly, QC Essex Chambers London WC2A 1DD And Merchants Quay Chambers, 25-26 Merchants Quay Dublin 8.

Mr. Kelly’s position is supported by the 9 Irish MEPs in this letter to the Irish Times.

The European Commission has also confirmed in emails to Lynn Boylan and Marian Harkin that

"if Ireland would like to avail of Article 9.4 (the derogation) then it should submit that request in its second River Basin Management Plan with justification. This second river basin management plan is now not due to be submitted until 2017, with plenty of time for Ireland to establish that derogation."

It is beyond doubt then that if the Irish Government so wishes, it can still use the derogation and justify its use in its River Basin Management Plan, as has been done and is still being done by so many other European regions and countries. ‘

(An extension of two months has been currently granted to the Irish Government leaving the renewal due in Feb 2018).

 

Full article at  http://www.maxkeiser.com/2017/12/nasty-news-for-water-warriors/#tpgSQCOtWjBA1fVz.99


The day of the big Right2Water Trade Union deceit

by James Quigley

Steve Fitzpatrick, Communication Workers Union, left and Dave Gibney, Mandate, right, during the Oireachtas Committee on Funding Domestic Water

February 21, 2017, must go down in Irish history as the day the anti water movement was utterly shafted by  Right2Water Trade Unions. On that day Steve Fitzpatrick (Communications Workers Union) along with Dave Gibney (Mandate) appeared before the Oireachtas Committee on Funding of Domestic and accepted the principle of water charges for excessive use.

Both Fitzpatrick and Gibney were introduced by the Committee chairman as representing Right2Water.

The official record shows that Barry Cowen (Fianna Fáil) asked the witnesses directly ″if this committee was in a position to agree a process by which people who use excessive amounts of water were charged, is Right2Water happy with that.″

Mr Fitzpatrick replied ″yes″.

After this bombshell some in R2W later argued that Mr Fitzpatrick’s was actually talking about swimming pools and industrial water use, however, the record clearly shows that his answer was indeed in relation to domestic water use. 

The more I watch the video and read the Oireachtas transcript, the more I am convinced that the presentation was planned. The two union officials seemed to know what was coming.  The furtive glances, the nods and demeanour, the nervous tension all lead one to believe that it was a well choreographed drama.  Although the charade seems to have done enough to fool a lot of people, however, the fact remains that the official Dáil records show that Right2Water accepted the principle of water charges.

The two union officials unilaterally went against a fundamental demand of Ireland's anti water movement, i.e. no water charges.  This action, which can only be seen as deliberate led to the outcome of the final Oireachtas Report.  Were these two seasoned trade unionists, well versed in the art of collective bargaining, duped by Fianna Fáil?  That's hard to believe.  Three times they were asked and three time they answered 'yes'. 

It is difficult to see what purpose the two trade union officials had in attending the Committee session other than to agree with water charges and copper-fastening the Trade Union’s control of the anti water movement.  It was emphasised several times by the chairman and by Fianna Fáil's Barry Cowen that Mr Fitzpatrick and Gibney spoke on behalf of the Right2Water movement. 

The question of how come two union officials came to represent Ireland’s Right2Water is startling.  In the first place the fact that they attended the committee session made it official that they were speaking on behalf of the movement.  Secondly it set in stone their agreement to an excessive use charge.  After that there was no going back.

It was all the more remarkable since it was the first time Steve Fitzpatrick played such a key public role in the movement.  It’s as if he was brought in to do a job, a job he fulfilled to the letter.

Video link to full session
http://www.oireachtas.ie/viewdoc.asp?DocID=34652&&CatID=127

Transcript
http://oireachtasdebates.oireachtas.ie/Debates%20Authoring/DebatesWebPack.nsf/committeetakes/FFJ2017022100002?opendocument#A00100