Dr. Elaine McGoff:

I would say our focus should primarily be on the water framework directive. Protecting local water bodies is obviously important but first and foremost, let us implement the EU law. It is interesting that the Cathaoirleach asks that because I word-searched water framework directive in the Bill. It is mentioned four times. The habitats directive is mentioned 49 times but actually in terms of the obligations on relevant authorities to protect water quality, it is almost equivalent between the habitats directive and the water framework directive. There is mention of the water framework directive in the heads of the Bill. The wording talks about the "promotion of compliance" with the water framework directive, which is essentially meaningless; it is just words on a page. To compound that, as there are no planning guidelines, local authorities do not know what to do with the water framework directive. We know that. I have talked to local authority decision-makers - this is no slight on them - and they have not been given guidelines from the Department of Housing, Local Government and Heritage on what to do. They are told to protect the water framework directive and to take it into account. How do they do that? We have been chasing the Department of Housing, Local Government and Heritage for what feels like years at this stage, for those planning guidelines. It keeps telling us the guidelines are forthcoming. There is still no sign of them. Local authorities are essentially making decisions in a void and this Bill provides no legislative direction to them, which is a huge failing. As long as this is not addressed in the primary legislation, we are going to keep falling afoul of the water framework directive and inevitably, it will come back around and bite us in court cases.

It is inevitable.