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. Jorge Rodríguez Romero:

I will address the question on Scotland and established practice and try to clarify the position. The Scottish system is very different from any other system in the EU of which I am aware. Under this system citizens receive a bill setting out the amount they are being charged for water, which money is paid directly to Scottish Water to enable it to operate water services to the level established by Scottish ministers and overseen by the regulator. This system is based on full cost recovery and as a result Scotland meets the requirements of the urban wastewater treatment directive and the drinking water directive 100%. This system is working for Scotland. Whatever the legalities in terms of the flexibility provided for under Article 9.1 or the de facto 9.4, this system works for Scotland. Ireland, given its situation, has to find a way to fund its water service to a level that is considered acceptable to society and the authorities, that is sustainable in the long term. The water framework directive provides the flexibility to adapt this system to the reality of the country.

We have insisted on this quite a number of times.

On the issue of established practice, if I understood the Deputy correctly, I agree with him. I will try to explain it again, because Deputy Healy-Rae also referred to the issue of whether we have changed our approach. I have tried to explain why we have not changed our approach and I will try to do it again, if the Chairman allows me. One of the conditions to apply Article 9(4) is that it is an established practice. An established practice at the time of adoption of the directive is taken over until the adoption of the river basin management plan in 2009. It is in that river basin management plan that the Commission receives the explanation of why the application of Article 9(4) would not prevent the member state from achieving the objectives of the directive. This has not been applied in Ireland because Ireland, in the river basin management plan, decided to go another route. However, this does not prevent Ireland from finding a way of providing a sustainable solution for its domestic water funding. It should not prevent the finding of a solution that is adequate to the situation in Ireland.

I will hand over to Mr. Ciobanu-Dordea for the last question.

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