9.4 Water Exemption (Water Framework Directive) - Use It or Lose it

 

Use It Or Lose It

An all out effort is needed  immediately from political parties who oppose water charges and from  anti water charge groups throughout the country to guarantee that Section 9.4 of the Water Framework Directive is retained. 

This 9.4 section includes the Irish Exemption or derogation which was negotiated by Ireland in 2000 and transposed into Irish law in 2003.  The section exempts Ireland from billing domestic consumers for water, allowing us to fund our water infrastructure through general taxation.  It is now imperative that provision for this derogation be included in the ongoing revision of Ireland's next phase of the River Basin Management Plan. 

Marian Harkin, MEP, in her article 'Use It or Lose It' said  “Furthermore, and most importantly, Ireland still has to submit its second River Basin Plan in which it can activate the derogation for water charges.”

The Irish Exemption is now under threat. 

Recent political maneuvers, misinformation and threats from Fine Gael,  the Eu Commission and Irish Water Ltd, telling us that our exemption no longer exists and that Ireland is going to be penalised if we do not adhere to the WDF Directive and impose Water Charges,  is partly a smokescreen and partly bully boy tactics.  We believe that the threats and misinformation are not true, that they are designed to deflect our attention away from the fact that the Government is now in the process of revising the River Basin Management Plan for the period 2015-2021 - see full details at www.environ.ie.   This revision had been delayed due to significant reform in the water sector in recent years and the new plans would be delivered by the end of 2017.  

We believe that former Minister of the Environment,  Alan Kelly,  did not include a continuation request for our derogation in the draft plans  but more sinisterly, he included the provision for billing domestic consumers (Water Charges) and also for the Irish Water Ltd infrastructure.  If this is the case and the RBMP is submitted to Brussels unchanged, it could possibly do away with the Irish Exemption thus making water charges legally binding under European law.

It is imperative now before the new RBMP is finalised that this is investigated.  Pressure must to be put on Minister Coveney to come clean about the contents of any revised plan especially in relation to the Irish Exemption, the method of funding and the model of water infrastructure.   It would seem obvious that any revised plan can not be finalised or submitted until an agreed water management structure is in place.   We must not allow our derogation to be surreptitiously given away.

Fianna Fáil must support this call
Fianna Fáil has a major responsibility in this process to ensure that our derogation remains in tact and that the Government is not doing anything to jeopardise it.   Fianna Fáil's 'Core Principle' on Water Charges,  their commitment to the electorate, their position and legal advise on the Water Framework Directive and their responsibility in agreeing the setting up of a minority Fine Gael Government, should make it incumbent on them to ensure that the derogation remains and that the process is clear, open and transparent.

Sean Flemming

Sean Fleming, on Fianna Fáil website 'EU Water Directive does not force imposition of water charges – FF',   insisted that the Water Framework Directive does not bind Ireland to the imposition of domestic water charges and that Fianna Fáil absolutely contests the advice being put forward.   He says "It’s important to recognise that this legal advice was commissioned by Irish Water, and it should be examined with caution in light of this.  However Member States have a clear opt-out clause (Article 9.4) from domestic water user charges, which allows that Member States may “take account of the social, environmental and economic effects of water usage in recovering the costs of water services.  Fianna Fáil position on water charges has not changed. We do not support the continued imposition of water charges on households."


It is also incumbent on all other TDs who support the Anti Water Charge campaign to scrutinise the 9.4 Water Framework Directive and the RBMP, to support this call and demand that Ireland includes the provisions for the derogation to remain in it's second River Basin Management Plan.   
 

Ireland has to make sure it uses our hard won exemption or it will lose it.

 

References:
Water Charges required under EU Law is a lie Kathy Sinnot, Nessa Childers, Fliuch
Irish Politician trying to blame Brussels on Water Charges no legal basis Marian Harkin
Use It Or Lose It says Marian Harkin
To Pay Or Not To Pay Marian Harkin
Ireland Has No Exemption European Commission
Expert on Water Framework Directive Contradicts EU RTE This Week Ray Earle
Ireland's Water Charges Exemption Is Safe Unless Alan Kelly Gives it Away Pensive Quill
"Bullying the populace into submission" - TDs aren't happy about Enda's comments on water charges Journal.ie
Dept of Environment Water Framework Directive http://www.environ.ie

Households ‘will not be chased’ for unpaid water bills

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.”

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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

Joe O’Toole steps down as water charges commission chairman

The chairman of the expert commission on water charges Joe O’Toole has announced he is to step down from his position after comments he made in a candid interview in the Irish Examiner last week.
Mr O’Toole had said he found it “extraordinary” that left wing politicians are “opposed” to the ‘polluter pays’ principle and they, including AAA TD Paul Murphy, were “completely and utterly wrong” on the issue.
In a statement released this afternoon O’Toole confirmed he is withdrawing from the position of chair of the commission.

“It had been my firm intention to remain as Chair of the Expert Commission on Water,” read O’Toole.
“I was looking forward to progressing the important work of the Commission and proving my critics wrong. That was until Minister Coveney informed me that the main opposition party would not cooperate with Government on this and related issues for as long as I remained in the Chair.
“Effectively then for me to remain in situ would result in the Government being spancilled in implementing policy and enacting legislation. Despite the support of Minister Coveney this is a situation I am not prepared to countenance and therefore I am withdrawing from the position of Chair.
“Walking away is disappointing but it is the right thing to do in these circumstances. There are enough problems facing the Government without me adding to them.”

Original article: Irish Examiner July 5, 2016

Buncrana Together

Good persistent exposition of what might be called another quango. How otherwise could any sane person see this commission as?  Whether the other membersare experts, whether they are impartial remains to be seen. What can one expectwhen 'he who pays the pied piper'. 

Mr Coveney, who epitomises total impartiality in this matter   along with his government colleagues has stumbled from one hoodwink, lie,  to another in their quest to railroad water charges through.

What should have been donewas honour the wishes of the electorate.  This was clearlydemonstrated in the general election.  Instead we got a commission hand picked by Mr Coveney and their terms of reference set by someone who is totally impartial andgung ho about implementing them.  Mr Coveney made no bones about how he felt and as such any commission set up by him is prejudiced.   Even after all the statements by Mr O'Toole, Mr Coveney was prepared to stand by his apostle.

One thing I have to give Mr O'Toole is his honesty, something we have not got from any FG Minister.  Will we get honesty from other members of this so called 'impartial' commission?