Whatever Enda's Commission decides, we will not pay

June 14, 2016

"Whaever Enda's Commission decides, we will not pay."
This is a statement including the poster below from People Before Profit, published on June 13, 2016.

This People Before Profit's call for boycott succinctly describes what we think of the recent publication from the ultra right wing Fine Gael Government's 'Terms of Reference" for an 'Expert Commission on Domestic Public Water Services" on June 11, 2016. (See our article here for details.).

This so called 'expert commission', is a result of political maneuvering between Fine Gael, Fianna Fail parties and some Independents after two and half months of prolonged political bartering. Eventually this resulted in the formation of a Fine Gael minority government. Interestingly it was the Fianna Fail party who for self preservation, with one eye on the next election and the other eye on Sinn Fein, who made a deal with Fine Gael. Will this deal see Fianna Fail reneging on it's electoral promises of abolition of Irish Water and Water Charges, a clear Fianna Fail 'Core Policy'?

It is ironical that the very government who is now setting up this commission and setting out it's 'Terms of Reference' is the very government who, three years ago, hurriedly and extravagantly established the Irish Water Ltd company and it's policy of water charges. It spent billions of euros on 'expert advice' from multinational and national 'experts', and implementation of one failed policy after another. On the whims of experts and EU task master.

For three years the Fine Gael led coalition government battled with the Irish people and used every means in their arsenal including; spending a fortune in public relations, (a euphemism for lies and mind manipulation), monetary and judicial threats and intimidation, in their effort to railroad what the Irish people twice in the past refused to accept, the privitisation and commodification of our water resource.

Despite all the draconian measures, the anti water charge movement withstood the onslaught and grew to be the majority opinion in the country. This opposition to what was seen as an unjust austerity measure resulted in a resounding defeat for the Fine Gael/Labour Government in February's 2016 General Election.

The majority of Irish people democratically voted for the abolition of Irish Water Ltd and Water Charges.

False Terms of References

So how come we will have a Fine Gael designed commission where the 'Terms of Reference' and hand picked 'experts' will be chosen by Simon Coveney? Where is Fianna Fail and their core promises in all this? Where in Minister Coveney's documentation does it say that it will be bound by the democratic wish of the Irish people, a wish that has been resoundingly demonstrated three times in the past 3 decades? How much more clearer can the message be?

Shouldn't the first terms of reference be that any model for domestic water supply must be set up in accordance with the democratically wish of the Irish people? It should not be the dictate of Fine Gael, the EU, the IMF or any international expert. It must incorporate a national coordinating public body overseeing management and County Council's implementation of our water infrastructure.

Somehow the action of Mr Coveney's government is reminiscent of the 2008 Lisbon Treaty referendum when after the Irish voted 'NO', the establishment, including the EU Commission, forced a second referendum on the Irish people. After manipulating public opinion, carrots and sticks, the second referendum in 2009 overturned the first.

Such manipulation is happening again. The proposed 'Terms of Reference' is designed for one outcome, that of circumventing the wish of the Irish people. Once again we will have a lot of money spent on spin, manipulating and threatening public opinion.

We must learn from past experience. We can not trust this right wing farce, we can not control it and we can not reform it within.

What we can do is 'Boycott'. We have the power to do this.

MEP's response to EU commission and Irish government over 9.4 WFD 'Irish Exemption'

June 13, 2016

Sir, – The European Commission has never made any official statements asserting that Ireland abolishing direct water charges would be in breach of the water framework directive.

The water framework directive, which was adopted in 2000, states that all EU member states may derogate from the water pricing obligations contained within the directive.

In a recent response to a written question submitted by Lynn Boylan, the European Commission confirmed that this derogation still exists. Yes, the response also stated that if “established practice” was a direct water charge then the flexibility to use the derogation would not apply, but here we come to the crux of the matter – “established practice”.

The European Commission is already on record as stating that it considers “established practices” to be those practices which were “an established practice at the time of adoption of the directive”. This directive was adopted on October 23rd, 2000, and transposed into Irish law in 2003, when it is beyond doubt that Ireland used general taxation as its established practice.

Additionally, since direct water charges were introduced in Ireland only in the last year and – far more significantly – since those charges have been rejected by the people, charging directly for water is not the established practice in Ireland.

Furthermore, in a 2014 landmark case on EU water recovery rules, the European Court of Justice found in favour of Germany, after the European Commission tried unsuccessfully to take that state to court for, in its opinion, failing to fulfil its water framework directive obligations. The judgment conclusively stated that it cannot be inferred that the absence of pricing for water service activities will necessarily jeopardise the attainment of the water framework directive.

As recently as January 2016, more than one year after the establishment of Irish Water, in a response to a written question which asked if Ireland would be in breach of the water framework directive if water charges were dropped, the European Commission simply stated that the second river basin management plans would be assessed against the requirements of the directive. Anything else is simply conjecture.

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 plans, as has been done and is still being done by so many other European regions and countries.

In light of all the above, it is clear that certain commentators and politicians have distorted the debate by misconstruing or embellishing what the European Commission has put on record regarding the derogation from water pricing in the water framework directive. Worse, it is also clear that many of those same politicians are deliberately twisting this clear, unequivocal situation and using it as an excuse not to avail of the derogation, which gives the Irish Government the final say in deciding on water charges. – Yours, etc,

LYNN BOYLAN MEP,

MARTINA

ANDERSON MEP,

MATT CARTHY MEP,

LIADH NÍ RIADA MEP,

LUKE MING

FLANAGAN MEP,

NESSA CHILDERS MEP,

MARIAN HARKIN MEP.

Original article; Irish Times, June 12,2016

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

June 11, 2016

(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