Makings of a deal on water legislation there but diplomacy by megaphone must stop

At the Fianna Fáil parliamentary party meeting in Leinster House last Wednesday, TDs and senators were told a deal had been done on water, writes Juno McEnroe. 

Fianna Fáil would take a hit accepting that Irish Water would remain and new builds would be metered. But it looked good. The party, whose support Fine Gael requires to stay in government, was happy overall.

Fast-forward to late last week and the weekend.

Both parties turned on each other about the draft recommendations made by the Oireachtas committee on water.

Fine Gael brazenly set out to tear up the document from the opening of the meeting. It wanted top lines changed, to definitively say there would be an excessive usage charge in any future water service regime.

Fianna Fáil’s Barry Cowen and his four colleagues sensed trouble. Over the course of two hours, the draft agreement was essentially ripped up.

Mr Cowen maintains his party did a U-turn on supporting the installation of water meters in new homes as Fine Gael suddenly changed position on the terms for a water allowance, above which people would face penalties. The deal fell apart.

The political row got even dirtier over the weekend. On his Facebook page, committee member Alan Farrell, a Fine Gael TD, attacked Mr Cowen.

By Saturday night, it emerged Mr Cowen had emailed colleagues laying down a fresh but very serious, threat: The party would not facilitate a change in Government personnel if committee recommendations were not implemented.

It means Fianna Fáil would block the election of a new taoiseach by the Dáil when Enda Kenny steps aside.

This is the most serious threat to date to destabilise the Government support pact between both parties.

Housing Minister Simon Coveney will not budge. He insists an excessive charge and new metering are needed so that Ireland complies with EU laws.

So, what next?

The committee will today get further legal advice from barrister David Nolan. He, however, has already given his imprimatur to the draft recommendations. If there are no further changes, Fine Gael will oppose the final report but a majority of the committee would back it.

The Dáil then debates the report. The key issue arises after that. How does the Government legislate for it?

It is obliged to facilitate legislation to reflect the recommendations. But Mr Coveney says he will also be guided by the attorney general. He is likely to “tweak” the terms then.

What about Fianna Fail? Senior party sources stress that, no matter the outcome, Fine Gael cannot get legislation on water through the Dáil without Fianna Fail’s say-so. The numbers dictate this.

It follows, then, that Mr Coveney will have to vet his new water laws with Fianna Fáil. Can both sides cool off while department officials, in the background, draft up legislation to suit both sides?

Fianna Fáil sources say they agree on an excessive use charge and have an open mind on meters for new builds.

“The caveats can be worked out on the legislation. We have already said we don’t expect the Government to legislate for anything illegal,” a senior Fianna Fáil figure told the Irish Examiner.

It seems that the makings of a deal are there when it comes to the water legislation. This will take time. Politicians just need to stop the megaphone diplomacy and personalised attacks and let the ink dry on any new agreement.