Tag Archives: Mick Murphy

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[A section of a letter from the Office of the Minister for the Environment Phil Hogan to Mick Murphy, a Green Party candidate for Cork South West]

You may recall a post from last  about how Mick Murphy, a Green Party candidate for Cork South West, lodged a complaint with the European Commission about the establishment of Irish Water. It has now been sent to the European Parliament.

Further to this, it’s emerged Mr Murphy has made previous complaints about Irish Water – this time to the Office of the Ombudsman.

On January 31, 2014, Mr Murphy made joint and separate complaints to the Office of the Ombudsman against the Environment Minister Phil Hogan, his department and against Irish Water.

He lodged his complaints under five headings:

1. The transfer of strategic infrastructure that was heavily funded by EU funding to a monopoly in breach of EU funding and competition law directives that prevent such funding being used for the ‘establishment of or support of a monopoly’.

2.  Loss to Mr Murphy under the Sale of Goods and Supply of Services Act.

3.  Loss to Mr Murphy under contract law.

4.  Loss to Mr Murphy over having to pay a premium for water to pay for the unnecessary/ excess staff that were transferred from local authorities.

5.  Social justice grounds in that there was no provision in the establishment of Irish Water by the Government for the elderly poor who would be unable to pay the water charges.

The Ombudsman wrote to Mr Murphy on February 18 telling him that, before the Office of the Ombudsman could deal with his complaint, it would be necessary for Mr Murphy to first send his complaints to Minister Hogan and Irish Water.

Mr Murphy subsequently made formal complaints to the minister and Irish Water.

Irish Water responded to Mr Murphy on March 14 but Mr Murphy was unhappy with the answers and he complained to the Ombudsman about Irish Water again on March 25.

The Ombudsman replied to Mr Murphy’s complaint on April 7, saying Irish Water had been placed outside the remit of the Ombudsman and therefore could not be investigated by the Office of the Ombudsman.

On March 25, Mr Murphy received a reply from Minister Hogan in relation to his complaint to the Ombudsman.

Mr Murphy says: “In this reply the only issue I raised which was dealt with satisfactorily was the ‘social justice’ issue in that the minister had accepted that: ‘Restriction of supply will only be implemented where all other efforts to secure payment have failed and it is clear that there are no affordability issues’.”

Mr Murphy adds: “Unfortunately this is the only public record of the Minister or his agents conceding such a fact, and public announcements since, and before, this letter seem to revert to the elderly, poor and infirm facing the prospect of a reduction of water pressure that would be barely enough to sustain life.”

On April 9, Mr Murphy wrote to the Ombudsman complaining about the actions of Minister Hogan and on April 17, the Ombudsman replied saying: ‘As Irish Water is not within the remit of the Ombudsman, the functions of the Minister of Environment are also considered to be outside the remit of the Ombudsman.’

Mr Murphy wrote again to the Ombudsman, pointing out that Section 5 (3) of the Ombudsman’s Act allows a Government minister to prevent an investigation of his or her office, or they can demand for an investigation to stop once they do so in writing, and set out in writing the full reasons for the request.

Mr Murphy has since asked the Office of the Ombudsman if Minister Hogan sought to block an investigation into his office.

Previously: Once More Unto The Breach

Thicker Than Uisce

(Laura Hutton/Photocall Ireland)

IrishWater_Mark_Colour_border

This morning, RTE reports that Irish Water will invest almost €1.8billion in water and waste treatment improvements over the next three years and that billions more will be spent over the following five or six years.

It reports:

“The investment, which is substantially more than the indicative funding available to the utility, will deliver urgently needed improvements in drinking water quality, leakage, water availability, and waste water compliance.

Five months after being set up by the Government Irish Water is now taking control, reprioritizing, and ramping up the water infrastructure programmes of our 34 local authorities.”

Meanwhile, yesterday afternoon Green Party local candidate for Cork South West, Mick Murphy, lodged a letter with the Petition Section of the European Commission, based at the European Union House on Dawson Street in Dublin, asking it to investigate the establishment of Irish Water.

He has since received a response from the European Commission asking whether he wishes his complaint to go the European Commission or directly to the EU Parliament. After getting legal advice, Mr Murphy has asked that his complaint be addressed by the EU Parliament.

This was Mr Murphy’s letter:

To Whom It May Concern:

I wish to petition the European Commission to investigate the handing over of strategic infrastructure by the Irish government that was heavily funded by European Union funds to a private company that is a monopoly and engages in price fixing by the very fact that no competition to this company exists in the Irish market.

The Minister of Environment Community & Local Government in Ireland [Phil Hogan] made provision this year for local authorities all over Ireland to hand over strategic infrastructure including water treatment plants, water pumping stations and foul water treatment plants to a private company known as ‘Irish Water’ at no cost to the company.

This infrastructure is worth in excess of a billion euro and was heavily funded by the European Union over the past number of decades.

I am of the opinion that to use such funding from the European Union either through direct cash funding, or indirect funding through the handing over of assets is in breach of European Union funding rules and is also in breach of EU Competition Laws that prevent EU funding going towards the establishment of a market monopoly, or support for same.

I would be obliged if you could investigate this matter by way of petition?

Yours sincerely,

Mick Murphy,
Green Party,
Cork City South West.

Anyone?

Irish Water to invest €1.8 billion in water and waste treatment (RTE)

Previously: How Much?

Thicker Than Uisce

City Hall
Cork City Hall

You may recall previous posts in relation to how planning inquiries in relation to seven local authorities – Dublin and Cork City Councils and Carlow, Galway, Cork, Meath and Donegal County Councils – had been organised to get under way by the former Environment Minister John Gormley but were terminated by Environment Minister Phil Hogan, following the 2011 general election.

An internal review by the Department of the Environment was published in June 2012 instead and it found there was no evidence of wrongdoing

This prompted Gerard Convie, who worked in Donegal County Council as a senior planner for 24 years before he resigned in 2007, to go to the High Court alleging that the review was inadequate, ‘deeply disturbing’ and failed to address his complaints in relation to Donegal County Council.

His action resulted in the High Court quashing the review’s section on Donegal County Council’s planning department; the Department of the Environment apologising to Mr Convie and him being awarded €25,000.

Mr Convie’s material in relation to Donegal was sent to the Attorney General Máire Whelan for direction and it’s understood she has now sent this on to the Environment Minister Phil Hogan, who is expected to release a review before the summer

Labour’s Minister of State for Housing and Planning, Jan O’Sullivan then announced that a review will take place into the other six authorities.

These reviews are being carried out by town planners and chartered surveyors company MacCabe Durney Barnes.

Further to this, in relation to Cork City Council, Mick Murphy – a local Green Party candidate – made a series of complaints in relation to planning matters in Cork City Council, with his original complaints going back to 2006.

Following Ms O’Sullivan’s announcement of a new review, Mr Murphy received a letter from MacCabe Durney Barnes, essentially asking him if his complaints still stand, if any have been resolved and he believes their draft statement of issues is accurate.

Mr Murphy said his complaints do still stand, they haven’t been resolved and said he does believe their draft statement of issues reflects his concerns.

From his reply:

barry1

Previously: Spurious, You Say?

Why Did Phil Hogan Stop Six Separate Planning Inquiries?

Thanks Mick Murphy

Pic: Archiseek