Simon Coveney to defy advice on water charges

Simon Coveney is set to defy the water committee’s recommendations to scrap charges and instead attempt to railroad through his own legislation, which he claims will comply with EU laws.

The Housing Minister said last night that he was “disappointed” with Fianna Fáil changing position on an Oireachtas committee on water assessing the funding of services.

Tense meetings of the committee yesterday resulted in recommendations that no new homes are metered and the removal of “excessive” water use from sections of its report.

Right2Water TDs claimed this was a “victory” for communities who had protested against charges.

But relations between Fine Gael and Fianna Fáil are now at a new low after a war of words broke out over terms and recommendations for the report.

The row is now threatening to destabilise the Fine Gael government support pact with Fianna Fáil, a path which could trigger a fresh general election.

The committee will hold a final vote on the report today. But under the confidence and supply agreement with Fianna Fáil, Fine Gael are obliged to implement the committee’s recommendations — even if they disagree with them.

Mr Coveney denied the pact obliged a minister to implement legislation, especially if it was against EU laws. “I won’t introduce anything that is not legally sound because it could result in Ireland getting tens of millions of euros in fines.”

He pointed out that the agreement required the Government to “facilitate” legislation on water.

Party TD Colm Brophy said Fianna Fáil had done a “monumental flip flop” since a deal was agreed between both sides last week.

No new homes would now be metered, the issue of “excess” use had been removed in places, and 8% of users would not now face penalties for wasting water, said the committee member.

Fianna Fáil’s Barry Cowen and other members though said the government party had been preparing to “reintroduce water charges by the back door”.

Earlier, Mr Cowen and Mr Coveney engaged in a Twitter spat, with both sides accusing each other of changing their positions over the last week.

But committee members opposed to water charges also noted last night that the group had received independent advice that the changes were in fact legal.

Mr Cowen said that the electorate did “not want” an election over this issue but that it was now up to Mr Coveney to implement the recommendations after the report goes before the Dáil.

Sinn Féin TD Eoin Ó Broin and Solidarity TD Paul Murphy claimed “victory” after the meeting, noting there would be no excessive charge, no new domestic meters, and that there would be a referendum now to put water services in public ownership.

But Mr Coveney is adamant that any changes put before the Dáil or legislated for on water must be legal. He told the Irish Examiner: “The agreement [last week on water] was fundamentally undermined by Fianna Fáil. This isn’t water charges by the front door or by the back door. The legal advice is that Ireland has no derogation [exemption from charges].”

He said recommendations by the committee, if legislated for in their current form, would be “struck down by the Supreme Court.”

The ministerdenied the outcome of the committee’s recommendations was a failure for Fine Gael. “No, I don’t think so,” he said.

But it would be difficult to “correct” or change the committee’s recommendations today, he added.

Instead, he said he would send the recommendations to the attorney general and would likely have to “tweak” them. “I support putting legislation together reflecting as much as possible of the report, but also taking the attorney general’s advice on elements of the legislation that comply with the water framework directive, otherwise we will be exposed to huge fines.”