The European Commission yesterday announced legal action against Ireland on four grounds, two of which relate to the "widespread persistent micro-biological pollution of group water supplies". The Commission also alleges infringements of directives protecting workers from asbestos poisoning and on data protection.
Ireland's group water schemes have failed to comply with drinking-water standards since the 1980 Drinking Water Directive, which came into force in 1985. The State is being prosecuted in the European Court of Justice in Luxembourg over that failure and also because new legislation adopted last year does not meet EU standards. It allows too much discretion in delays on eliminating polluted water sources, the Commission argues.
Where monitoring reveals a problem with group schemes of more than 50 people, a ministerial order now requires notice to be served on those responsible, requiring them "to prepare, in consultation with the sanitary authority, an action programme for the improvement of the quality of the water as soon as practicable".
By referring to "improvement" instead of "compliance" and to "as soon as practicable", the Commission says, the order dilutes the directive, which also does not set a minimum number of people.
The Commission welcomes improvements in the standards of monitoring water and the Government's national investment package and new commitment to strategic water plans at county level. But it says: "The evidence points to the need for much greater source protection (for example, from septic tanks and agricultural facilities) as well as for better treatment and supply management."
The Commissioner for the Environment, Ms Margot Wallstrom, said yesterday: "While the Irish authorities seem to be moving in the right direction, persistently bad monitoring results point to years of neglect, and it is clear that much more needs to be done in terms of improved source protection and water treatment before all Irish consumers receive the quality of drinking water to which they have been entitled since 1985."
The Commission's case against Ireland over asbestos arises from the investigation of a complaint which uncovered gaps in the legislation protecting workers during the removal of asbestos. The Commission noted that draft legislation proposed last year would remedy the situation. However, it decided to bring Ireland before the court because of the "absence of adopted text".
Ms Wallstrom said that such legislation "could not be regarded as being of secondary importance".
Court action is also pending over the Government's failure to notify the Commission that it has passed all the legislation required to implement the directive on personal data protection.
A statement from the Commission noted that, in member-states where implementing legislation is not yet in place, EU law allows individuals to invoke community legislation in national courts or to seek compensation at the ECJ.
The Green Party MEP, Ms Patricia McKenna, welcomed the Commission's move.
"The Government has completely ignored its obligations under EU law and thought it could get away with flouting the law", she said. It now faced public disgrace and international embarrassment. "The fact that the deadline for compliance was back in 1985, and not one government took the problem seriously, is a complete disgrace."
Mr Joe Higgins, the Socialist Party TD, who campaigned against water charges in the 1990s, said that the move was an indictment of successive governments, which had failed to invest adequately in water infrastructure. He called for support for co-operative water schemes, for increased funding of infrastructure from the Exchequer.
