Major row erupts over legal advice on water charges
Opposition parties have rejected legal advice which suggests water charges in Ireland cannot be suspended or scrapped.
A major row has erupted after the legal advice has emerged which states that there is no possibility under European Law to remove or suspend the charges.
Irish Water’s parent company has confirmed it sought the legal advice in light of recent queries regarding water charges.
“In light of recent queries regarding water charges, independent legal advice was sought by Ervia, which confirms that, under European law, Ireland is now obliged to charge for water services,” a spokeswoman said.
But, the Opposition parties have rejected those claims.
Fianna Fáil spokesman on Public Expenditure and Reform Sean Fleming insisted the directive does not bind Ireland to the imposition of domestic water charges.
Speaking, Mr Fleming said Fianna Fail “absolutely contests the advice being put forward.
“It’s important to recognise that this legal advice was commissioned by Irish Water, and it should be examined with caution in light of this. It’s extraordinary to see Irish Water quoting EU rules as sacrosanct considering they failed to meet the key Eurostat market test last year,” he said.
Mr Fleming said the position on water charges has not changed and the party does not support the imposition of the levies.
Sinn Féin has claimed legal advice for Irish Water has been leaked to suit the political agenda of certain parties.
The party criticised the publishing of the legal opinion commissioned by the utility company which said the State is required under European Union law.
Sinn Féin MEP Lynn Boylan called on the company to publish the advice given by senior counsel Garrett Simons and Michael M Collins.
She said: “It is very suspicious the timing of this leaked legal opinion because it falls nicely into the hands in terms of forming a government for Fianna Fail to get them off the hook and say ’it is nothing to do with us, it is the legal opinion’.
“I would be very suspicious of the timing of this leak. If Irish Water have nothing to hide then let us see the legal opinion.”
Ms Boylan said this legal opinion is leaked at a time when Fine Gael and Fianna Fail are being forced to speak to one another.
The advice argues that there is no option under European law to return to the practice of not charging for water.
The introduction of water charges by the last government means the State can no longer avail of a “very limited” exemption in the EU water directive, they say.
“The benefit of the derogation has been lost for all time, and cannot be revived by seeking to reverse the decision to introduce charges,” the legal opinion states.
