21 November 2006
WATER REFORM LEGISLATION TO PROCEED
Regional Development Minister, David Cairns, welcomed the Court's decision allowing the vital Water Reform Legislation to proceed and quash fifteen of the sixteen grounds raised by the Consumer Council, the remaining issue being a technical procedural point not about the substance of the Government policy.
He said: "I am very pleased that this challenge to the water legislation has been rejected. The Court has dismissed all the grounds of challenge except on one technical aspect of procedure and rejected calls for the legislation to be withdrawn. Numerous other grounds of challenge have been dismissed.
"The Government thanks Mr Justice Weatherup for his consideration of the vast amount of material which was placed before the Court. I want to take the time to consider carefully his judgement and to see what lessons can be learnt for future consultations. I am also grateful that this case has been concluded in time to allow the legislative process to proceed.
"The court found that the consultation period was in accordance with proper procedures, any difference in treatment between consultees was reasonable and there was no procedural irregularity in the treatment of Water Service or impropriety in the application of guidance relating to consultation. This leaves the way clear for these vital reforms to proceed.
"The Government is fully justified in proceeding with the legislative process in view of the courts ruling. We appreciate that the introduction of new charges is never popular but it is crucial to underpin the economy of Northern Ireland that we put these essential services on a sustainable financial basis.
"If we failed to introduce these reforms from next April there would be a loss of revenue of around £85-90 million. And in addition it is likely that Northern Ireland would lose the borrowing power within the Reinvestment and Reform Initiative which is currently delivering around £200 million of investment in schools, roads and hospitals every year. Taken together this could mean cuts in education, health, housing and transportation spending. Government cannot ignore these economic realities for public services.
"Any delay in the introduction of reforms could have other implications aside from public expenditure consequences. For example, on the environment, current plans are well in hand to introduce new abstraction licensing and discharge consenting arrangements which will strengthen protections for the environment and normalise environmental regulation following the loss of "Crown Immunity"
"The Government is committed to introducing charges as fairly as possible. We will be introducing measures to assist over a quarter of all domestic households with assistance which is unmatched anywhere else in the UK. But equally consumers must make a reasonable contribution - water is not free. People in Northern Ireland contribute only half of what those in other parts of the UK pay in support of essential local services. This has to change if we are to have the world class services, environmental protections and investment that Northern Ireland needs.
"It is vital that we press ahead with this legislation and the reform programme. To this end I will be announcing the launch of a public awareness campaign to explain the new charges that will be introduced from next April and explaining how people can seek assistance and advice on them."
Whilst the judge dismissed all other aspects of the Consumer Council case he did decide that the Department had a duty to further engage with the Consumer Council in relation to responses it had produced to the legislation consultation.
The court acknowledged engagement had clearly taken place and that this had been constrained by a timeframe introduced as a result of a 'quite proper' political imperative.
The judge will finalise the wording of a Declaration on the procedural impropriety tomorrow and this will be made available to Parliament when it debates the legislation.
NOTES TO EDITORS:
- On 5 October 2006 the Consumer Council were granted leave to judicially review the conduct of the consultation process on the Draft Water and Sewerage Services (Northern Ireland) Order 2006.
- The draft Order was published on 1 June 2006 and consultation closed on 24 August 2006.
- The draft Order was laid at Westminster on 9 October 2006.
- The draft Order will be debated in Parliament at the end of the month. Subject to Parliamentary approval, it will come into operation on 1 April 2007. It is intended that domestic charges for water and sewerage services will be introduced from April 2007.
Click here to print this press release.
