Tag Archives: Irish Water

clanbrassil

This morning.

3Stella writes:

“One guard holding back the tide of anti water protesters, Clanbrassil st [Dublin], now!”

Meanwhile

“I warned the department at a high level meeting that it was going to be an unmitigated disaster if there was not enough engagement with the public and that has proven to be the case,” he said.
The former minister [Fine Gael TD Fergus O’Dowd] refused to apportion individual blame for the shortcomings he identified.
“This is not about personalities,” he told the Irish Independent. “It is about bringing about real change in Irish Water. This organisation has to change its ways right now and listen to the people.”
Mr O’Dowd said people felt “angry and intimidated” after receiving their sign up packs in the post, requesting copies of PPS numbers.
He said it was clear there was “an intense dislike of the whole process”.

Minister Who Set Up irish Water Brands It A Disaster (Independent.ie)

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This afternoon.

Irish Water protestors harangue Tanaiste Joan Burton after she launched the Community Law and Mediation Annual Report today at the Northside Civic Centre in Coolock, Dublin.

Earlier: ‘I Have The Utmost Respect For The Guards‘

No Contract No Consent?

(Mark Stedman/Photocall Ireland)

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What is the legal basis for your contract with Irish Water?

Is it worth the paper it’s not written on?

We asked Legal Coffee Drinker what’s it all about?

Broadsheet: “Legal Coffee Drinker, what’s it all about?

Legal Coffee Drinker: “The authority to charge users of water for water charges comes from Part 3 of the Water Services (No. 2) Act 2013 , in particular Section 21, which says Irish Water “shall charge each customer for the provision of its water services in accordance with the approved water charge plan.”

Broadsheet: “Some readers have suggested that there can be no legal charge in the absence of a contract between the user and Irish Water?”

LCD: “Not the case. The entitlement to charge derives from the Act and is not dependent on the presence of a contract. If Section 21 did not exist, a contract would of course be needed – but this is not the case.”

Broadsheet: “Doesn’t the word ‘customer’ in Section 21 imply a contract must exist?”

LCD: “No, because Section 2 of the same Act defines customer – somewhat sneakily – as “the occupier of the premises in respect of which the water supply is provided.” Occupation and provision of services, on its own, gives rise to liability for water charges.”

Broadsheet: “Even though it’s not enough to imply a contract?”

LCD: “Yes. Acts of the Oireachtas – like this one – can impose liability for charges even where no contract exists.”

Broadsheet: “Who sets the water charges?”

LCD: “Section 21 of the Act says Irish Water shall charge each customer for the provision of it by water services in accordance with a water charges plan submitted to and approved by the Commission for Energy Regulation. That’s the plan that’s recently been published (available here). There is provision for these charges to be varied by agreement between Irish water and the customer, but in the absence of such agreement it will be this plan which is applied.”

Broadsheet: “So what happens if you don’t pay these water charges?”

LCD: “You can be sued in court for a debt and judgment given against you for the sum owed. This judgment may be enforced by the Sheriff in the usual way. In addition, if you are a business, your water can be cut off or reduced for non-payment. Section 21(8) of the legislation prohibits the cutting off of water in respect of domestic principles, possibly because of constitutional concerns (there are South African cases holding the cutting off of water to dwellings for non-payment of charges unlawful).”

Broadsheet: “Can the water charges plan be challenged?”

LCD: “The Commission decision approving the plan is judicially reviewable and can be challenged if the scheme provided for in the plan breaches the principles and policies of the Water Charges (No. 2) Act 2013. Alternatively it can be challenged or on other judicial review grounds (e.g. bias, breach of legitimate expectation, taking into account irrelevant considerations, ignoring relevant considerations). In exceptional circumstances ‘unreasonableness’ may provide grounds for judicial review but it is a very difficult criteria to satisfy. Finally it can be challenged on the basis that it breaches constitutional rights (see below).”

Broadsheet:
“So the Water Charges regime is subject to constitutional scrutiny?”

LCD: “Yes. Like every statutory provision in Ireland, the Water Charges (No. 2) Act 2013 and the Plan approved under Section 21 apply only to the extent that they are constitutional and, if there is a doubt about their constitutionality in some respect, the courts are obliged to interpret them to give a constitutional interpretation if at all possible [drains coffee].
We have no express constitutional right to water in Ireland. However it is at least arguable that some sort of right to water to domestic premises is implicit in the human rights guarantees in the Constitution, and the legislature has implicitly recognised this by prohibiting the cutting off of water to domestic premises.
Whether or not this is a right to an unpaid supply of water is an entirely different matter; it is unlikely that persons in good financial circumstances would be deemed to have their constitutional rights breached by being charged for water. The situation might be different, however, in cases of financial need where someone was genuinely unable to meet water charges. It will be interesting to see what happens on this in the future.”

Broadsheet: Thanks Legal Coffee Drinker. You’ll need a drop of water yourself after all that!

LCD: “No.”

Broadsheet: “Let’s hope you aren’t an Illegal Water Drinker!”

LCD: “Look, I have to go.”

Broadsheet: “Thanks very much Legal Coffee Drinker. Bye. Sorry.”

Pic: Irish Water

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John Gallen writes:

National Citizens’ Movement, an NGO set up to fight Irish Water in the courts posted this picture with the line, “A guy who works in a skip company is shredding thousands of these each day”.

Anyone?

water protest

Irish Water resistance is met with force in Ayrfield, Dublin 13 at 7.30 this morning.

Bewildering.

Earlier: The Tide Turns

Previously: Bringing Communities Together

Thanks Mark Malone

Meanwhile…

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(LtoR) People Before Profit Clr Dierdre Wadding, Sinn Fein’s Daithi Doolan, Unite Trade Union’s Brendan Ogle and Clr Thomas Redmond.

The announcement this morning outside Leinster House of a National Demonstration on October 11 calling for water charges to be reversed.

(Sam Boal/Photocall Ireland)

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A Water meter being removed in Foxhill, Coolock, Dublin yesterday.

Dublin Says No writes:

“Six Water meters removed after being installed in Foxhill . The residents didn`t want them but were told they had to get them. The residents and the protesters stuck to their guns and eventually GMC conceded and took them out….”

Dublin Says No (Facebook)

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Talbot Street, Dublin this morning.

Mark writes:

“The We Won’t Pay campaign returned to Irish Water with a wheelie bin of water packs which were collected at demonstrations at the weekend, and set up a stall outside their head office giving out ‘charge free’ water….”

From top: Returned Irish Water mail; (from right): Anti Austerity Alliance candidate for Dublin South, Paul Murphy, Bernadette Rynne and Frank Donaghy; Catherine O’Neill and a ‘charge free’ cup of water.

(Mark Stedman/Photocall Ireland)

Earlier: Meterocracy Mouthpiece

Meanwhile…

fear

Worried couple is worried.

Rob writes:

“The Indo ratcheting up the fear. Who needs a government press office?”

Register with Irish Water – or face crippling bill of €424(Aideen Sheehan, Independent.ie)

 

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wateraddOh.

A small trickle of the palpable flood of invective for RTÉ News and current affairs’ lack of coverage of protests throughout the country against the installation of water meters.

RTE News Timeline (Facebook)

Yesterday: Irish Water: Bringing Communities Together