Water charges can be scrapped within EU law, SF says

Sinn Féin’s Lynn Boylan claims party’s legal opinion supports the abolition of levies

People taking part in the anti-water charges protest in Dublin. Sinn Féin has published extracts from a legal opinion it has received which it says confirms water charges can be scrapped. File photograph: Eric Luke/The Irish Times

Sinn Féin has published extracts from a legal opinion it has received which it says confirms water charges can be scrapped.

Lynn Boylan MEP detailed a summary of the advice on the levies given by Matthias Kelly, QC, of Essex Chambers.

Ms Boylan said the legal opinion stated that the abolition of water charges would not contravene the EU’s water framework directive.

She said the advice indicated the State can still meet the objectives of the directive if it can demonstrate it is paying for water and conserving water.

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However, Ms Boylan declined to publish the legal advice from Mr Kelly in full.

She said: “Apart from the outline of the water framework directive, this is the substantive information contained in that legal opinion.

“It is Matthias Kelly, he is a senior counsel. He has offices in London and in Dublin.”

Asked if the party would publish the legal advice in full, Ms Boylan said: "When Irish Water publishes its legal opinion we will then consider publishing ours."

The future of water charges is being examined by an independent commission, which will send its findings to an Oireachtas committee.

Sinn Féin and Fianna Fáil have both argued that the levies can be abolished without breaching the EU directive.

European Commission

However, the European Commission has said it believes the established practice of paying for water in Ireland involves the levies.

Ms Boylan said she welcomed Fianna Fáil’s current position on water charges, claiming the party had “flip-flopped on this issue”.

She said: “I welcome Fianna Fáil’s new-found commitment to scrap water charges.

“Coming from the architects of water charges, this is a major and welcome departure.

“The majority of TDs elected to the Dáil in February were elected on anti-water charges mandates. Now that Fianna Fáil have accepted this there is a clear majority in favour of scrapping water charges.

“The expert commission is now redundant. It should be scrapped and the issue should be dealt with by the Dáil.”