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

Michigan attorney general sues France's Veolia in Flint water crisis

DETROIT  • The Michigan attorney general on Wednesday sued French water company Veolia and a Texas firm for "botching" their roles in the city of Flint's drinking water crisis that exposed residents to dangerously high lead levels.

Attorney General Bill Schuette said at a news conference in Flint that the civil lawsuit was filed in Genesee County Circuit Court against Veolia Environnement SA and Houston-based engineering services firm Lockwood, Andrews & Newnam (LAN).

The lawsuit charged Veolia with professional negligence and fraud that caused Flint's the lead poisoning to continue and worsen, and LAN with professional negligence.

Schuette said the state is seeking damages from the companies that could total hundreds of millions of dollars. His office said additional claims against the firms or others may be filed in the future.

"Many things went tragically wrong in Flint, and both criminal conduct and civil conduct caused harm to the families of Flint and to the taxpayers of Michigan," Schuette said. "In Flint, Veolia and LAN were hired to do a job and failed miserably, basically botched it. They didn't stop the water in Flint from being poisoned. They made it worse."

Veolia was hired in February 2015 by the city to address drinking water quality and produced at least one report and one public presentation stating the city's water was safe to drink, according to the lawsuit. The company knew its representations were false, the lawsuit stated.

Paris-based Veolia said Schuette's office did not contact the company about its work and that its contract was unrelated to the current lead problem.

It said it will defend itself against "these unwarranted allegations of wrongdoing." Veolia shares dipped 0.2 percent.

In 2013, LAN worked with Flint to prepare the city's water plant to treat new sources of drinking water, including the Flint River, according to the lawsuit.

LAN did not issue corrosion control measures in April 2014 and in August 2015 produced a report saying the water met federal safety requirements, failing to recognize the lead problem, according to the lawsuit.

In a statement, LAN said it "was not hired to operate the water plant and had no responsibility for water quality." It will "vigorously defend itself against these unfounded claims," it said.

Flint, with a population of about 100,000, was under control of a state-appointed emergency manager in 2014 when it switched its water source from Detroit's municipal system to the Flint River to save money. The city switched back in October.

The river water was more corrosive than the Detroit system's and caused more lead to leach from its aging pipes. Lead can be toxic, and children are especially vulnerable. The crisis has prompted lawsuits by parents who say their children have shown dangerously high levels of lead in their blood.

Last month, a Flint utilities administrator agreed to cooperate in investigations as part of a deal with prosecutors. Two state employees have been charged by Schuette's office, and he reaffirmed Wednesday that other employees would be charged as the investigation continues.

Todd Flood, who is leading the state probe, said on Wednesday he has not received all documents that have been requested, including those from Gov. Rick Snyder's office. Some people have criticized the governor and called on him to resign for the state's poor handling of the crisis.

When asked if Snyder was a target in the investigation, Schuette said there are no targets but "nobody is off the table."

In 2013, the administration of St. Louis Mayor Francis Slay pushed to sign a $250,000 consulting contract with Veolia, saying that the company would help make the city water division more efficient. But the proposal met with strong opposition, and Veolia withdrew from consideration.

Original article; St Louis Post Dispatch, June 22, 2016


Right2Water leadership putsch makes undemocratic decision to accept Fine Gael commission on water services.

 

(See the letter below, dated June 9th, 2016,  to Simon Coveney, Minister. It is signed Brendan Ogle on behalf of Right2Water)

Putsch is maybe  the wrong word since this takeover of Right2Water by some unions, parties and what could be described as the 'Dublin clique' has already taken place.  This coup was neither sudden, democratic or from the grass roots.  Instead it is a top down manipulation of the movement by undemocratic and underhand methods.  It can be described as controlled opposition.  

The leadership of R2W does not involve a cross section of the anti water charge movement throughout Ireland and seems to rely on nobody saying anything.  It seems to take a leaf out of the establishment's modus operandi of 'weather the storm and any opposition or bad publicity will blow over'.

However, this latest announcement  by Brendan Ogle is a step too far.  It is the latest public statement in a litany of unilateral and undemocratic statements.  It  has left many flabbergasted.  Incidentally this letter is dated June 9th, one day before the Dept of Environment's Terms of Reference for Fine Gael's  Expert commission on Domestic Public Water Services.

How can one say 'This is good news and to be welcomed?  How can we grovel to a Fine Gael minister or take part in any establishment set up, one that is designed to sideline what  was an overwhelming Irish majority decision to abolish Irish Water and Water Charges as shown in the General Election?

We call on the movement to tell the Right2Water assumed leadership to step down and another committee elected nationwide, one that would be elected democratically and encompass all opposition groups and parties.  

This proposed commission, politically designed by the establishment, must be opposed and shown up for what it is, a hoodwink.  It is imperitive  we organise our campaign against this and it is done through  an open, democratic and united anti water charge organised opposition.


RIGHT2WATER WRITE TO MINISTER (original letter here)

Dear Mr. Coveney,

I write on behalf of the Right2Water campaign in relation to your recent announcement regarding the establishing of an 'Independent Commission' on domestic water charges.
The campaign notes that the current Government is calling for a mature and realistic public debate on the issue and that the 'Independent Commission' should be a key tenet of such a debate.
This is good news and to be welcomed.

Since the enactment of domestic water charges, and indeed beforehand, this debate has been sadly absent notwithstanding the efforts of the Right2Water campaign and others to engage in it.
Instead an ideologically driven policy of attempted privatisation of our water and sanitation service has been embarked upon and important issues such as 'polluter pays', conservation and the Water Framework Directive have been usurped to pursue this agenda to the short, mid and long term detriment of our citizens.
Moreover, an expensive quango has been established and has wasted over EUR1bn of scarce resources setting up a methodology through which householders who use 10% of our water and sanitation services are expected to pay 78% of the cost for these services, in addition to what is already paid through progressive general taxation.

Right2Water are immensely proud that Ireland is the only country in the entire OECD with zero water poverty as a result of this long established payment method and we believe the Government should be similarly proud. Right2Water have been campaigning for a single water and sanitation board funded through progressive general taxation. Furthermore Right2Water are seeking a citizens referendum on the insertion of a new Article 28 Section 4:2.1 in our Constitution to read:
'The Government shall be collectively responsible for the protection, management and maintenance of the public water system. The Government shall ensure in the public interest that this resource remains in public ownership and management.'

Clearly this issue is one that has dominated the political discourse for a considerable time, however, the debate has generated more heat than light and has not been conducted in an honest and balanced manner.
Irish Water and the previous Government are particularly culpable in this regard.
The Right2Water campaign have studied and researched this issue extensively and have met with representatives of the European Commission and water movements in Germany, France, Spain, Italy, Bolivia, Canada and the United States.
We have hosted, and attended, International Conferences and gatherings on the issue.

If this 'Independent Commission' is genuinely intended to facilitate this debate then I believe it is essential that Right2Water, as the umbrella campaign for the largest protest movement in the state's history, are invited to sit on the Commission and I am formally requesting that you agree to this measure.

Yours Sincerely,

Brendan Ogle
Co-Ordinator
Right2Water

Right2Water unofficial leadership