Éamon Ó Cuív (Galway West, Fianna Fail)
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Question 152: To ask the Minister for the Environment, Community and Local Government if the EU Commission has laid down that there will be fines imposed on Ireland if the Water Services Bill 2010 is not enacted by the 3 of February 2012; the date from which these fines will be imposed; if he asked for more time to enable the democratic process in the Oireachtas run its full course; the response to any such requests; and if he will make a statement on the matter. [2667/12]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Question 153: To ask the Minister for the Environment, Community and Local Government when he became aware of the deadline laid down by the EU for the passing of the Water Services Amendment Bill 2010 if we wish to avoid incurring fines from the Union; when he conveyed this information to the Chairperson of the Environment Select Committee of the Dáil; and if he will make a statement on the matter. [2668/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 152 and 153 together.

On 12 July 2011 the European Commission formally requested that the European Court of Justice impose both a lump-sum fine and daily penalties on Ireland for having failed to take the necessary measures to comply with the Court's ruling of 29 October 2009. In its submission to the Court, the Commission stated that it considered the period which had elapsed since the Court's ruling to be sufficient for Ireland to have complied with the judgment of the Court. The Commission requested that the fines, including the daily penalty, should be calculated from the date of the ruling.

Ireland's defence to the Commission's application was submitted to the Court on 5 October 2011 and it requested that the Court should dismiss the Commission's application or, if the Court concluded that penalties are appropriate, that it should consider significantly reduced levels of penalties. The defence detailed the progress made since the ruling and stated that the drafting of the Bill required was then at an advanced stage.

Despite the priority given to the drafting of the legislation in order to comply with ECJ ruling, with the Bill being published on 3 November 2011, the Commission submitted an application to the Court on 23 November 2011 again seeking the imposition of a lump-sum penalty and daily fines against Ireland for failing to comply with the ruling. In its submission, the Commission again argued that more than enough time had elapsed since the ruling and that the Irish authorities should have achieved compliance.

In accordance with ECJ procedures, Member States are given an opportunity to submit a rejoinder to the Commission's application, setting out the reasons why fines and penalties should not be imposed. The deadline for the submission of Ireland's rejoinder in this case is 3 February 2012. This will be the final opportunity for Ireland to communicate with the Court before it considers the Commission's application.

The central strand of Ireland's defence in this case will be that the necessary legislative measures have been put in place. It is for this reason that the deadline of 3 February for enactment of the legislation is so important. I am determined to ensure the necessary measures are in place by the time Ireland submits its rejoinder to the ECJ in order to support the defence being presented to the Commission's application.