EU to take the State to law again

The European Commission has set in train two further legal proceedings against Ireland for non-implementation of environmental…

The European Commission has set in train two further legal proceedings against Ireland for non-implementation of environmental directives, this time concerning drinking water and air pollution. The Government's attitude to such directives was yesterday described as "cavalier" by the Dublin Green MEP, Ms Patricia McKenna.

In the latter case, the European Court is being asked to rule on the failure of the Government to enact measures required to be in place since June 1998 to limit emissions from "internal combustion engines installed in non-road mobile machinery", or, to laymen, tractors and cranes.

They are significant emitters of nitrogen oxides and particulates, both a health risk and a contributor to ozone depletion. The Government says legislation is being prepared.

In the former case the Commission is to issue a reasoned opinion, the precursor to action in the court, on Ireland's failures in respect of the Drinking Water Directive (1980).

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In a statement, the Commission notes two failures : "First, a widespread non-compliance with the directive's standards for total coliforms and faecal coliforms, particularly in group water supplies in rural parts of the country; secondly, the failure of Irish implementing legislation to require non-compliant group water supplies to be brought into line with the directive."

The Government acknowledges the problem but points to the huge cost of bringing up to standard group schemes in such a dispersed population. In its reply to the Commission it promises significant progress in the next few years, pointing to an increase in the last three years alone in spending from £8 million to £30 million.

The Commission notes the determination of the Government but insists that, "while this information is welcome, the absence of new legislation, the seriousness and persistence of the problems, the absence of guarantees that each non-compliant supply will be tackled, and the public health risk . . . make it necessary for the Commission to proceed with its action".

Ms McKenna strongly endorsed the Commission's actions and said the Drinking Water Directive "is a key directive in safeguarding public health and must be respected by all member-states, including Ireland".

Patrick Smyth

Patrick Smyth

Patrick Smyth is former Europe editor of The Irish Times