IRELAND IS facing a possible fine of €2.7 million and a daily penalty of €26,173 for its failure to pass important environmental legislation that should have been implemented nearly 20 years ago. For the second time in recent years, the European Commission has referred the matter to the European Court of Justice, this time requesting the court to impose the fines until the Government enacts legislation to set standards and rules for the operation and inspection of septic tanks and on-site water treatment systems. There are more than 400,000 septic tanks in Ireland but current legislation neither sets standards nor provides any system of inspection. As such these facilities represent a hazard both to human health and the environment.
Delay in implementing some EU directives has become an all too familiar response from successive governments, concerned not to make themselves more unpopular by passing legislation certain to upset key pressure groups. However these directives are European laws and have been agreed and accepted by all member states at the Council of Ministers. Agreement also includes a timetable for implementation. For a single market to operate fully and fairly, member states cannot shirk their responsibility to write EU directives into national law and to meet the deadline for their enactment.
Minister for the Environment Phil Hogan has expressed his disappointment at the commission’s decision to request the court to impose heavy fines for the failure to implement this directive. And he has blamed the previous government for ignoring the court’s ruling in 2009. That is certainly true. But as the commission has pointed out, the new Government could only offer the outline of proposed legislation. Under the duress of a second adverse court decision and stiff financial penalties, Mr Hogan is promising now to introduce and pass the necessary legislation without delay. Ireland, it should be noted, takes longer than any other member state to comply with a court ruling – some 25 months – which may help explain the commission’s action.
Since Ireland joined the EU, few countries have done better in terms of financial transfers. Net receipts from the EU have amounted to €41.18 billion. Up to recent times – and the economic downturn – no state seemed better placed (financially at least) to implement European directives. In the circumstances, an 18-year delay in introducing a directive on the disposal of waste water is not easily explained and cannot be excused.