Ms Maria Graham:

Let me respond to Deputy's first question on the burden of proof. What I meant by the reference was that if infringement proceedings were to be initiated against Ireland, we would have to demonstrate how we were in compliance. Let us take the case with which we are most familiar - the infringement proceedings against Ireland under the urban wastewater treatment directive. We must demonstrate to the European Commission how we will come back into compliance with the directive by indicating investment on a project by project basis for each of the agglomerations. We are reporting on the progress we are making a six-monthly basis, or if we were to fail to make sufficient progress, it would mean being referred to the European Court of Justice which would make a judgment. Obviously, before the case would go to court, the Commission would make its views known as guardian of the treaties and we would defend the State's position, but the court would decide.