Ms Maria Graham:

Senator Coffey asked about a legal review that had been undertaken by the Department. We have an ongoing engagement in terms of the legal issues arising from funding and compliance with the Water Framework Directive. As models evolve, different legal and policy considerations come into play. Without prejudice to what might become the final view when one takes into account all of those complex dimensions, the Department has formed the view at this stage that a regime in line with the Water Services Act 2014 would clearly be compliant with the Water Framework Directive. A scenario where the domestic segment of water costs was entirely funded by taxation would, more likely than not, be found to be non-compliant with Article 9. The approach recommended by the expert commission would potentially be compliant with the Water Framework Directive, depending on matters such as what constitutes normal usage.

We have obviously noted the contents of the letter from Commissioner Vella. Ultimately, following the Oireachtas deliberations, the approach to funding compliance with Article 9 will need to be set out in the second cycle river basin management plan. Any bundle of measures adopted or that would be considered for adoption in that regard would have to achieve the purposes and objectives of the directive, and that obviously includes things such as the promotion of sustainable water use and enhanced protection and improvement of the aquatic environment. That involves, in substance, policy analysis as well as legal issues. In finalising the plans we will engage on any of the legal issues arising with the Office of the Attorney General.