Oireachtas Joint and Select Committees

Wednesday, 15 February 2017

Joint Oireachtas Committee on the Future Funding of Domestic Water Services

Role of Regulators and Compliance with European Law: Discussion

1:30 pm

Mr. Aurel Ciobanu-Dordea:

On the important matter of equal treatment, it might sound like a general reassurance to the committee but we have constantly paid attention, probably historically from the beginning of the institution, to this crucial matter of equal treatment. It is important not only that member states are treated equally and fairly but that they see this fairness and equality in action. That is why the Commission is deploying, at least in the area of the environment, particular attention to equal treatment. Of course one has individual situations in one member state or another and then one has to deal with that particular situation but one has also general obligations defined by EU law and deadlines applicable to all member states. In order to secure full equal treatment we are dealing with all the member states at the same time and are moving forward or on the contrary, holding back when that is necessary, cases concerning all member states for which this situation is relevant. This represents a particular challenge. When one has to deal with 12 or 15 cases at the same time it is not simple. It is not a case of me writing three paragraphs on a sheet of paper and tomorrow we go to court or something like that. As members can well imagine from the work of this Parliament and the work of any public authority, one needs to prepare things properly. I can reassure the committee and if it is necessary we can provide examples to it - I do not know them by heart but we can provide them in writing - illustrating that we strive for equal treatment. I think we achieve equal treatment and that we do not treat Ireland in any particular way compared with other member states. Because certain examples have been brought here which some read as illustrative of discrimination, I have tried in my explanations to the committee to point out why the situation in Ireland is not comparable with that in Scotland or in very few other jurisdictions, principally Northern Ireland, because their performance in terms of the general efficiency of the system is different compared with the situation in Ireland and the directive points towards taking care of the broader picture. When one makes the assessment one must pay attention to how the general system functions. The parameters of the different engines show that the functioning is sometimes significantly different. That is why of course the situation is significantly more challenging for Ireland but it is possible to find solutions in the framework of the directive.

A question was asked about what fairer way than metering exists to measure excessive use . To the best of our knowledge, there is no other solution. Nobody has pointed that out, although I am open to being shown by anyone what practical tool, instrument, formula or system can be put in place that is fairer than metering and that identifies the behaviour of individual citizens better than individual metering. Let me repeat that it is perfectly understandable and acceptable to roll out a programme that like the satellite imagery narrows down - it starts with a more general image and makes it finer so that it increases the granularity. In order to fight with most of the leaks, one can start with district measurement and thereafter increase the granularity until it rolls out a general system of individual metering. I will stop there. I am not sure if I have noted well all the questions that have been asked.

I indicated earlier that we believe the implication of the current situation, with the suspension of the water charges and the wider context of the situation, makes things of such a nature that we believe undoubtedly Ireland is not in compliance with the Water Framework Directive. We are very much supportive of an adequate process of reflection and deliberation in Ireland that is persuasive for the majority of Irish citizens. We hope that such a deliberation, no matter how heated it can become, and it is legitimate and understandable - it is an important societal matter - will lead to the right outcomes. Because if people do not care about their own health, what do they care about? If they do not agree that they deserve and require protection of their own health, what do they want more than that? This is of paramount societal importance.

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