Mr. John Kenny:

Head 11 seems to provide an entirely different abstraction regime for those abstracting as of the date of the commencement of the Bill versus new entrants into the regulatory system. There is no justification for that approach under the water framework directive. It appears to be an approach significantly influenced by an attempt not to inconvenience existing abstracters.

Whatever the rationale, the obligation is to comply with the directive. One cannot allow existing abstractors to continue their activities perpetually without subjecting those activities to the directive's requirements. Our concern is that the option has been taken, via the Bill, to distinguish between current and future abstractors and treat them differently. As per our respectful submission, the Bill should provide existing abstractors with a 12-month grace period within which they should apply for registration or licensing, whichever the case may be, and be given a fair opportunity to regularise their positions. At the conclusion of that period, existing abstractors and future entrants into the regulatory system would be on the exact same regulatory page, for want of a better term.