Existing laws can’t be used to penalise water wasters
A decision on abolishing water charges has been delayed after disagreement among TDs and senators on an Oireachtas committee examining the future of spending on water services.
The committee is set to receive legal advice today on Ireland’s obligations to comply with EU environmental law and whether existing 2007 legislation can be used to penalise home-owners.
The Irish Examiner understands that senior counsel advice to the committee will suggest that the existing legislation is insufficient. It will say Ireland must be cognisant of the EU’s ‘polluter pays’ principle, a position advocated by the Government.
Confirmation that existing laws are not adequate will mean they will have to be changed — this will also be addressed by lawyers to the committee.
Fianna Fáil is refusing to back any proposals by the Fine Gael-led Government for an ‘excess’ charge and instead wants fines imposed through the 2007 legislation.
Threats of the Government support deal with Fianna Fáil collapsing resulted in the special legal advice being sought last month.
The issue of metering and long-term funding of water services has also still to be agreed by the committee, ahead of a deadline for it to produce a report by mid-April and make final recommendations to the Dáil on the future of water charges.
Charges are currently frozen until the vote is held.
Housing Minister Simon Coveney insists that the Government will not introduce a system that would be contrary to EU law and potentially leave Ireland open to being fined tens of millions of euro.
Fianna Fáil wants the domestic metering programme to be abandoned and more community or district meters installed which, it says, could identify leaks and even homes where there is an excessive use of water.
Fianna Fáil has also dismissed a letter from EU environment commissioner Karmenu Vella in which he warned its plan would breach European law.
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