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

Photo of Martin HeydonMartin Heydon (Kildare South, Fine Gael) | Oireachtas source

I understand that the representatives from the Commission are here with the full authority of the Commissioner and represent the Commission's views. We are working through the recommendations of the expert commission report. If we accept the commission's recommendation that, in the future, we should pay for normal water usage through general taxation, we would like as generous a daily allowance as possible up to the point where excessive usage kicks in. What is the Commission's view of the expert commission's proposal? Does it comply with Article 9 and does it fit in with the polluter pays principle? If so, at what point would a personal allowance meet excessive usage? We would want to give the general allowance but also stay within the confines of the water framework directive.

If Ireland reverts to the previous system whereby water infrastructure is funded through general taxation, what does the Commission do next? Would we automatically face infringement proceedings? What would the process be? In such a scenario, can Mr. Ciobanu-Dordea give a range of possible fines the European Court of Justice could impose? Can he outline the likely fines related to the case he referenced, in which the Commission is taking Ireland to the European Court of Justice in respect of urban wastewater? Finally, has Ireland used or forfeited its derogation under the water framework directive in the past?

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