Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 581: To ask the Minister for the Environment, Heritage and Local Government his views on the European Commission's action in sending Ireland a final written warning for failing to comply fully with a 2002 European Court of Justice ruling requiring drinking water supplies to be kept free of e.coli bacteria, and a similar warning for failing to comply with a 2005 ECJ ruling requiring greater controls on polluting discharges to surface water by local authorities; and if he will make a statement on the matter. [13999/07]

Dick Roche (Wicklow, Fianna Fail)
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Following from the 2002 ECJ judgement in case C-316/00 that Ireland had failed to comply with certain micro-biological parameters of Council Directive 80/778/EEC relating to water intended for human consumption, my Department agreed on a number of measures with the European Commission in order to comply with the requirements of the judgment.

A national strategy consisting of a range of legislative, operational and investment initiatives to remedy deficiencies in drinking water supplies was put in place. My Department has reported regularly to the Commission on implementation and progress of that strategy and has submitted regular drinking water monitoring reports in respect of specific parameters for the public and group water supply schemes cited in the judgment, these have demonstrated overall improvement in compliance with the E. coli parameter. For example the E. coli rate for public schemes cited in the Commission application to the Court has improved from 77% to 98.3%.

Notwithstanding the ongoing communications with the Commission about the programme of remediation measures, the Commission has issued an Article 228 Reasoned Opinion which, though acknowledging the significant capital investment and year on year improvements in water quality made by Ireland, nonetheless takes the stance that compliance with the judgment requires Ireland to ensure that E. coli is totally absent from drinking water. A response to this Reasoned Opinion is being prepared.

In relation to the 2005 ECJ judgment in case C-282/02 that Ireland had failed to take all of the necessary measures to transpose Council Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment, I propose to make Regulations establishing a new authorisation regime for discharges from waste water works operated by local authorities in the near future. Extensive consultations are taking place with the Commission on the terms of these draft regulations.