Existing water laws can be used to meet EU rules, committee told
That is the legal advice that has been given to TDs and senators over disagreement on how a process can be agreed on funding water services going forward.
However, they have also been told any agreed water funding system must comply with the EU “polluter pays” principle, advice which may mean Ireland must enforce a charging system.
The Oireachtas committee on water met yesterday in private and assessed advice from a senior counsel over whether existing laws can be used to apply penalties on water usage.
Committee chairman Pádraig Ó Céidigh wants to also ensure that any measures agreed on funding water services or by the Oireachtas will comply with EU’s rules.
“The advice said that the Water Services Act of 2007 can be amended to meet the overall obligations arising from the [EU] water framework directive [WFD] and to address and comply with the polluter pays principle.”
A draft working paper for the committee also stressed the need to find and agree funding certainty for the future of water services.
The draft paper also says: “The committee recommends that there must be funding certainty and long term stability for the water utility so that it can plan and deliver the requisite level of operational and infrastructure projects, in line with the commitments made in its business plan up to 2021, which in turn is based upon the WFD.”
This is in line with a previous review which suggested normal use of water is subsidised by the State while there could be a charge for wasting water. However, this latter issue is a sticking point between Fine Gael and Fianna Fáil on the committee.
A drinking water inspectorate should also be set up, the paper suggests. But a number of other issues, such as the role of district metering as opposed to domestic meters, have yet to be discussed by TDs and senators.
Furthermore, a system of refunds have not been finalised. The working paper suggests: “In respect of those who have paid some or all of the domestic water charges, the Committee recommends that, following consideration of and taking into account the fiscal implications and the most effective refund methods, such households should be compensated in an equitable manner.”
The committee has until the middle of next month to produce a final report, which will then help inform a Dáil vote on the future of funding for water services and water charging in general.
