Households ‘will not be chased’ for unpaid water bills

July 6, 2016

Households will not be chased for unpaid water bills or arrears in paying the levy while a nine-month freeze of the charge is underway, housing minister Simon Coveney has said.

Mr Coveney also passed amendments to water charges legislation yesterday which could allow the suspension of charges to go beyond nine months if the Oireachtas desires this.

The minister was speaking at the committee on housing and faced demands to overhaul a Water Bill to suspend charges, which is currently going through the Houses of the Oireachtas.

The committee heard that amendments to the water legislation mean the cancellation of bills and charges will now be aligned so they are both stopped for nine months at the same time as of from July 1 to March 1 next year. However, Irish Water, in the meantime, will now not pursue hundreds of thousands of people who have refused to pay their charges, the committee heard. Mr Coveney told TDs at the committee: “There isn’t going to be a pursuing of bill or arrears during the nine-month period.”

There would be no liability for charges or arrears before the Oireachtas votes on the future of water charges, TDs were told. This will happen after an expert commission examines water charges for nine months and a committee then takes another three months to make recommendations.

There were complaints from opposition TDs at the committee about the limited nature of the Water Bill.

Anti-Austerity Alliance TD Ruth Coppinger warned the continued installation of water meters would impede debate.

Mr Coveney said there was a defined period for the suspension and anything beyond that could be recommended by the Oireachtas Committee for a minister to consider. TDs complained that amendments had been ruled out of order by the bills office, including suggestions for a referendum to be held on keeping Irish Water in public ownership.

Mr Coveney, though, said he would be open to listening to suggestions about water charges, including the suggestion from Labour’s Jan O’Sullivan for the referendum. He outlined plans to meet EU environment commissioner Karmenu Vella over the next week about suspending water charges, adding: “Anybody outside of Ireland needs to understand this is a sensitive political issue.”

Asked if Ireland may be fined for the suspension of charges, Mr Coveney said: “I would be surprised if we didn’t get facilitated.”

Original article: Juno McEnroe, Irish Examiner, Wed 5, 2016

EC: Ireland has no exemption from water charges

June 27, 2016

The European Commission has confirmed that it does not believe Ireland has a derogation from water charges under a key European Union directive.

The commission has said that it considers the application of water charges as qualifying as Ireland's so-called "established practice" under the Water Framework Directive.

The clarification by the commission increases the likelihood that it could take action against the Government if it abandons water charges.

In a written statement to Irish MEP Marian Harkin, the commission says that Ireland cannot "revert to any previous practice" as to how it complies with the Water Framework Directive.

The commission states: "Ireland made a clear commitment to set up water charges to comply with [the directive].

"Ireland subsequently applied water charges and the commission considers that the directive does not provide for a situation whereby it can revert to any previous practice."

In a written question to the EU Environment Commissioner Karmenu Vella, independent MEP Ms Harkin asked if Ireland's method of paying for water - ie general taxation - was still valid as it was in place when the Water Framework Directive was adopted by Ireland in 2003.

Specifically, Ms Harkin sought assurances that the directive acknowledged Ireland's method of paying for water at the time, and that, according to the wording of the directive, it meant that that "established practice" still allowed Ireland to opt out of water charges.

However, the response sent by Commissioner Vella, and posted on the European Parliament's website, stated that Ireland should have applied for the opt-out in the river basin management plans due by December 2009.

Because it did not, and because Ireland introduced the concept of water charges in 2010, the commission now regarded Ireland as no longer enjoying "flexibility" under Article 9 of the directive.

The response to Ms Harkin said: "Ireland adopted its river basin management plans in July 2010. There is no record of a decision in those plans not to apply the provisions of Article 9 (1).

"On the contrary, in the said plans, Ireland made a clear commitment to set up water charges to comply with the provisions of Article 9 (1).

"Ireland subsequently applied water charges and the Commission considers that the Directive does not provide for a situation whereby it can revert to any previous practice."

This further clarification by the European Commission means, in effect, that it regards Ireland as being in breach of the directive.

The commission could, therefore, initiate infringement proceedings against Ireland if it abandons water charges.

If the commission takes Ireland to the European Court of Justice it could result in daily fines worth millions of euro.

Opponents of water charges have argued that a previous court ruling in September 2014 should mean that Ireland still enjoys discretion in how it applies the Water Framework Directive.

Original article; rte.ie, June 27, 2016

Senior garda faces probe over water protest 'leaks'

June 15, 2016

A senior garda is facing investigation over the leaking of information to RTÉ following an incident in which Joan Burton was blockaded by water protesters.

*Labour’s Joan Burton was left stranded in her car by protest. Photo: Frank McGrath*

An internal Garda investigation was launched after RTÉ broadcast details of charges against 20 people arising from the incident outside a community centre in Tallaght in November 2014.

During the protest the then Labour leader had to sit in her official car for two hours as it was surrounded by protesters.

The news report by RTÉ crime correspondent Paul Reynolds led to a complaint by Socialist TD Paul Murphy to the gardaí, the Garda Ombudsman and the Director of Public Prosecutions (DPP).

In a news report on August 12 last year, Mr Reynolds gave details of expected arrests and court appearances.

The report contained information about the total number of arrests due, the number and type of files sent by the Garda to the DPP, and that the accused were due to appear in court in the coming days. The report also contained information that the DPP had recommended charges in files returned to the garda investigators. The cases are before the courts.

Mr Murphy later said the information could only have come from the DPP or gardaí and he had "written to the appropriate authorities in both seeking to establish what investigations will be carried out to determine the source of the leak".

Two senior officers from outside Dublin were given the task of heading the investigation of Deputy Murphy's complaint.

The investigation into the RTÉ report involved the checking of mobile phone records from, and to, the journalist.

The garda press office said: "An investigation into how this information appeared in the media was launched on the Thursday 13th August, 2015. This investigation is ongoing." RTÉ said it did not wish to comment on an "ongoing garda investigation'"

It is one of a series being carried out by gardaí into alleged leaks. In May last year Superintendent Dave Taylor, the former head of the Garda Press Office under the previous Commissioner Martin Callinan, was arrested and suspended from duty on severely reduced salary.

A file was prepared for the DPP arising out of the investigation into Supt Taylor which was headed by Superintendent Jim McGowan, Commissioner Nóirín O'Sullivan's husband. Ms O'Sullivan has stated she saw no conflict of interest in this.

It is understood that the file prepared by Supt McGowan's team and sent to the DPP alleging "unlawful" disclosure of information to journalists has been returned to the Garda after the DPP decided there was no evidence on which to base any charge.

The piece of legislation under which Supt Taylor was arrested and detained for several hours n is Section 62 of the 2005 Garda Síochána Act. The legislation provides for up to seven years imprisonment and or a €75,000 fine for 'unlawful disclosure' of information.

It had only been used in one previous case against a garda who exposed an attempt by former Green Party TD Trevor Sargent over his intervention in a prosecution in his north Dublin constituency. Mr Sargent subsequently resigned in February 2010. A garda was arrested, questioned and a file sent to the DPP who directed no charges be brought.

Original article; Jim Cusack, Irish Independent, June 15, 2016