FF and FG deal to end water divide
Legal expert ‘will say existing law on fines is sufficient’
FIANNA Fáil and Fine Gael are close to a deal to finally end the water charges battle that has threatened to bring down the Government, the Irish Daily Mail can reveal.
The breakthrough, set for Monday, is expected to come from the independent legal expert appointed by the Oireachtas water committee to advise on whether existing legislation can be used to penalise those who waste water.
Two sources have told the Mail that the senior counsel backs the argument that the existing law can be used, but with ‘substantial and significant amendments’. This would mean there would be no need to keep water charges.
It is understood that there have been communications back and forth between the committee and the adviser, and the indications are that the 2007 law can be used.
The Mail also understands that both Fianna Fáil and Fine Gael will now be open to changing the legislation to introduce a new ‘excess usage’ penalty.
It is likely that this will take the form of some kind of levy or financial penalty as opposed to a court appearance, which the law currently allows for.
However, a new piece of legislation may have to be introduced if the committee finds that amending existing laws would be too complicated.
The committee members will get their advice on Monday before meeting on Tuesday.
The row came to the boil last month when Housing Minister Simon Coveney said he would not support the abolition of water charges because they were needed to penalise those who left the taps running.
He said any other course would be against EU law.
However, Fianna Fáil insisted the 2007 Water Act was sufficient, and argued that the Dáil committee could now recommend the abolition of water charges, taking the deeply divisive issue off the table.
In an attempt to break the stalemate, committee chairman Pádraig Ó Céidigh, an Independent senator, sought the independent legal advice.
However, any move to make people pay for water will anger the opposition parties.
Solidarity, formerly the AAA PBP, which opposes any kind of water charges, believes excess charges will be used to bring in charges by the back door.
It is understood the senior counsel has been examining the various arrangements in other countries, and has also been examining EU laws besides the Water Framework Directive.
Mr Ó Céidigh will meet the senior counsel on Monday to discuss the issue and the chairman will then prepare a draft document for the members of the committee.
The EU Commission wrote to Mr Coveney earlier this year to warn that the level of water use set as the threshold above which a charge would apply must be ‘reasonable’.
In a letter sent on January 12, Karmenu Vella, the EU environ-
Brand new law may be needed Charges in the back door
ment commissioner, warned the minister that the threshold should not be set too high.
He wrote: ‘In order for the charge on excessive or wasteful use of water to attain its purpose, the consumption of water for normal use should be set at a reasonable level, and the charge for excessive or wasteful use should be dissuasive. The completion of metering will be instrumental to this effect.’
The issue of metering is also a controversial one, as Fine Gael has indicated that it might want to continue with the roll-out, while Fianna Fáil has said it believes this would be a waste of money.
Mr Vella also said that the directive was a flexible instrument, allowing the public authorities of each member state a margin within which to decide.
However, any water-pricing policy must be fair.