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Leaked legal advice claims water charges can't be scrapped - but some aren't so sure

Irish Water says that under EU law Ireland must charge for water services.

SINN FÉIN AND Fianna Fáil have disputed leaked legal advice to Irish Water that water charges cannot be abolished.

Today’s Irish Times and Irish Examiner report on legal advice that the utility got in the wake of the general election which says that there is no option under EU law to return to not charging for water.

The papers report that the advice states that Ireland can no longer avail of a derogation from charges under the EU Water Framework Directive having legislated for their introduction in 2013.

Irish Water has since said that the advice confirms Ireland must charge for water. The company said in a statement:

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.

This tallies with legal advice TheJournal.ie obtained as part of its FactCheck on the abolition of water charges last month. The article concluded that the EU Water Framework Directive would be a major legal obstacle to scrapping charges.

screenshot.1459265292.91965 www.thejournal.ie www.thejournal.ie

But Sinn Féin disputed this today, with Dublin MEP Lynn Boylan insisting that there was nothing to stop Ireland from reverting back to paying for water through general taxation.

She called on Irish Water to publish the legal opinion in full. However, the utility did not respond to a query from TheJournal.ie about whether it would publish the advice.

Boylan argued that the European Commission had stated “in black and white” that there is no obligation on any EU member state to use any particular method or scheme to recover the cost of water provision.

“We have it in black and white from the Commission, regardless of a legal opinion or not, saying that there’s no obligation on Ireland to use individual consumption to be fully in compliance with the water framework directive. We have that in black and white,” she said.

She said that the derogation is written into the Water Framework Directive and cannot be removed unless there is a legislative change at EU level which requires the agreement of all 28 member states.

29/03/2016. Sinn Fein - Irish Water. Pictured Sinn Sinn Fein MEP Lynn Boylan and TD Louise O'Reilly at Leinster House today. Sam Boal Sam Boal

“It’s [the derogation] not only open to Ireland and it has been used in the past by Scotland, by the North of Ireland, by the Czech Republic, by Bulgaria and by regions in France,” she said.

It’s a flexibility that’s written into the Water Framework Directive to allow that the people who manage the water to have flexibility around full cost recovery.

She described the timing of the leaked legal opinion as “very suspicious” claiming it allowed Fianna Fáil to “get off the hook” and say it cannot abolish water charges.

However Fianna Fáil, which also disputes the legal advice, insisted today that it does not support the “continued imposition of water charges on households”

Its public expenditure spokesperson Seán Fleming insisted that the framework directive allows member states an opt-out of water charges.

He added: “Even without the opt-out clause in Article 9.4 of the EU water directive, the government’s own flat-rate water charges would not be compliant with the principle of incentive water pricing included in the directive.

We do not believe there is any basis for concluding from the directive that any future Irish government is tied to water charges. In fact, we believe it is entirely possible for the next government to suspend water charges and invest in our water infrastructure.

Originally published: 5.30pm

Read: Fianna Fáil plan to replace Irish Water has €9.1m redundancy package for workers

Read: There has been a sharp rise in Irish Water cancellations since the general election

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165 Comments
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    Mute Jack Russell
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    Dec 2nd 2021, 3:51 PM

    Most badly managed lottery – not won since June 6th, rollover capped so low, when it’s won jackpot starts at €2 million…it’s finished

    361
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    Mute Ger Murphy
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    Dec 2nd 2021, 5:43 PM

    @Jack Russell: How is it badly managed? Its a game of chance. Numbers haven’t clicked, simple as. In spite of the lack of jackpot winner there has been increased lower prizes. That in my mind ensures more people get more money.

    27
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    Mute Malachi Shanks
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    Dec 2nd 2021, 9:47 PM

    @Ger Murphy: increased lower prizes ?? Have a day off, the increase is pathetic in comparison to the what the jackpot is supposed to be increased by every draw if it’s not won. This is plucking criminal, where is this money going ??

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    Mute Ger Murphy
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    Dec 3rd 2021, 9:50 AM

    @Malachi Shanks: check your facts before you spout. Then we can have a rational discussion.

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    Mute Leonard O'mahony
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    Dec 2nd 2021, 4:24 PM

    Jackpot not won. Plus 1 not won. Plus 2 not won. 5+ bonus ball not won in all three draws. There must be a lot of Canadian teachers due to retire shortly.

    254
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    Mute Larry Rawson
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    Dec 2nd 2021, 3:39 PM

    ODDS are stacked High against YOU winning the Jackpot Folks ,Time to try 2/3 numbers in bookies 60/1 + 100/1.

    191
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    Mute cillian
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    Dec 2nd 2021, 4:44 PM

    @Larry Rawson: your odds are completely wrong 40/1 and 330/1

    27
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    Mute Jimbob Lucozade
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    Dec 2nd 2021, 7:46 PM

    @cillian: You’re both wrong. 60/1 for 2 numbers and 700/1 for 3. 45/1 and 400/1 if you include the bonus.

    11
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    Mute Gary
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    Dec 2nd 2021, 3:48 PM

    The highest prize won out of all the draws was €29,000 hah

    171
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    Mute john smith iv
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    Dec 2nd 2021, 3:51 PM

    @Gary: yeh and that’s hard to get, odds are still low.

    50 no wins is very very unlikely, given the odds. I’m sure there’s nothing untoward though

    45
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    Mute slfc21
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    Dec 2nd 2021, 3:57 PM

    @Gary: that was just the highest prize won in the last draw. There’s been winners between 500k t 850k regularly enough the last two months. Lotto still making a mint though

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    Mute Gary
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    Dec 2nd 2021, 4:34 PM

    @slfc21: There is meant to be €2 million rollover ever week. It’s capped at €19 million. They said if the jackpot wasn’t won they would give higher winnings to the next top winner. They didn’t! The only one getting rich is the Canadian investment group.

    55
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    Mute Kevin Collins
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    Dec 2nd 2021, 4:34 PM

    @john smith iv: There were some interesting figures out during the week that said the odds of the Irish lotto rolling over 50 times are about 1,500:1. It’s unusual but by no means extraordinary.

    Chances of an individual draw rolling over are about 85%.

    Meanwhile the odds of a single line matching all 6 numbers are 10.7million to one. Statistically speaking, playing the lotto is an absurd thing to do. Don’t waste your money to begin with – if you’re not in, you can’t lose…

    34
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    Mute slfc21
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    Dec 2nd 2021, 4:55 PM

    @Gary: my comment was just replying to your comment where you said that 29k was the most won out of all the draws. It wasn’t . You didn’t say any of that the first time.

    2
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    Mute Mickety Dee
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    Dec 2nd 2021, 7:31 PM

    @Kevin Collins: 2 euro at 10.7 million to one doesn’t seem terrible to try to win 19m when you factor in there are also smaller prizes

    1
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    Mute Eoin Sweeney
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    Dec 2nd 2021, 7:57 PM

    @Mickety Dee: 4 euro minimum

    4
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    Mute Mickety Dee
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    Dec 5th 2021, 9:42 AM

    @Eoin Sweeney: Still, that’s for two lines.

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    Mute Gerard Heanue
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    Dec 2nd 2021, 4:13 PM

    Boycott

    198
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    Mute JustMeHere
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    Dec 2nd 2021, 4:16 PM

    Boycott it.

    181
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    Mute Niall Power
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    Dec 2nd 2021, 4:18 PM

    FG Td crying over spilt milk when his party sold it in the first place!

    138
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    Mute Mike
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    Dec 2nd 2021, 4:21 PM

    @Niall Power: Was howler-labour who actually was behind it but of course cheered on by FG

    88
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    Mute Kinsaleable
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    Dec 2nd 2021, 5:22 PM

    We’re funding the Canadian teachers pension fund. Oh and good causes

    72
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    Mute Ballybough Marcus
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    Dec 2nd 2021, 5:25 PM

    Shambles, the ad constantly saying it’s a jackpot but never mention nobodies won it in ages. Needs investigating.

    69
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    Mute Cian Omahony Snr
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    Dec 2nd 2021, 7:26 PM

    Why has it been capped?? Is there a reason why, legally??,are they allowed to cap it??..Anyone got an answer..Would like to know.

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    Mute Dave.
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    Dec 3rd 2021, 8:13 AM

    @Cian Omahony Snr: Yes, because if it goes above 19m in theory someone or some group could buy all the combinations for less than the jackpot amount and make a profit.

    1
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    Mute Teresa O'Halloran
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    Dec 2nd 2021, 7:43 PM

    Withdraw their licence.

    30
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    Mute Peter Roche
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    Dec 2nd 2021, 5:15 PM

    Is anyone playing it even

    24
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    Mute Peter Tutty
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    Dec 2nd 2021, 5:55 PM

    Why bother capping it at 19, Euro millions is capped at 180 so an Irish person could win that

    28
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    Mute Todd Unctuous
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    Dec 2nd 2021, 6:27 PM

    @Peter Tutty: The Euromillions is currently capped at 230m and when the cap is reached and in turn won, the cap increases 10m each time that arises, Unlike the lotto

    29
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    Mute Ciaran McCann
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    Dec 2nd 2021, 5:54 PM

    51st rollover so a TD asks for for TWO numbers to be withdrawn.That should fix the issue. The majority doing the Lotto since day on have most likely stuck to birthdays so adding on over the years has only helped the Lotto!

    19
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    Mute Fergus Quinlan
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    Dec 2nd 2021, 6:49 PM

    The Lotto concept encourages the idea that winning big money grants a status higher that of his or her fellow humans, a flasher faster car, a bigger house, more exotic holidays etc. it promotes the idea that wealth equates with happiness.

    On the hundredth anniversary of our independence, we can do better as a people than fumble with bad taste scratch cards and coloured balls to get our kicks. The concept the Lotto espouses is damaging to our dignity as individuals and the self-respect of our society. The pandemic has demonstrated what is important in a society and what is not, it is time to end the Lotto.

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    Mute Ricorico
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    Dec 2nd 2021, 7:55 PM

    @Fergus Quinlan: I’d love to win tho lotto jackpot or more so, the euromillions. I would be extremely happy. I’d even stretch to buying you a pint to cheer your miserable self up!

    20
    Alan
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    Mute Alan
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    Dec 2nd 2021, 8:04 PM

    It’s a tax on the mathematically challenged.

    9
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    Mute Pat Maher
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    Dec 2nd 2021, 9:34 PM

    Should avoid buying tickets, until the odds of winning are fairer

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    Mute Kevin Carroll
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    Dec 2nd 2021, 8:02 PM

    Just spend your money doing the lottery with your local club.

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    Mute Brian Callagy
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    Dec 3rd 2021, 2:28 AM

    Greater chance of a bird slipping on a banana skin, breaking its leg and getting covid

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    Mute Caroline Juilet
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    Dec 4th 2021, 3:56 PM

    I have been playing the lottery since i was 13 years and now i am 32 meaning i have been playing the lottery for 7 years. The biggest amount I have ever won in my life was 1500 bucks. But one day my story turns to history after I find this man’s name on the Internet that he is the best when it comes to winning the lottery. This man is a very strong voodoo Dr John who gives out the lottery winning numbers that can never fail. After all my years of laboring and struggling to win the lottery i finally won ($12,000,000) Dr John, is the name, EMAIL him now: Whatsapp Him : +1 (803) 820 2671

    1
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