Lough Derg water plan in breach of EU law?

Plans to abstract over 500 million litres of water daily from Lough Derg may leave Ireland open to a legal challenge following a recent European Court of Justice ruling, MEP Jim Higgins has warned.

 

The River Shannon Protection Alliance has claimed that Dublin City Council’s controversial plan to abstract water from Lough Derg to address warter shortages in the Dublin region in 2020 is in breach of the European Water Framework Directive (WFD).
MEP Higgins revealed earlier this month the European Court of Justice ruled that Greece was in breach of EU law in its failure to protect Lake Koroneia, which is very similar to Lough Derg.

“I am totally against the proposal to abstract water from Lough Derg and to transport it to Dublin. Apart from the uncertain effects which this development may have on the water quality of Lough Derg, or on the important boating and fishing industry in Clare, it may also leave Ireland open to legal challenge from the EU.

“Just like Lough Derg, Lake Korenia is a protected lake, which is home to many important bird species. Water was abstracted from Lake Koroneia for irrigation purposes, and the European Commission subsequently took Greece to court.

“The Irish Government should thus look very carefully at this Greek example, and be very cautious about abstracting water from Lough Derg,” he said.

The Shannon Protection Alliance (SPA) is seriously considering lodging an objection against the plan to the European Union Petitions’ Committee, which could pose further difficulties for Dublin City Council.

SPA chairman, Gerry Siney confirmed the group will examine details of the European Court of Justice case relating to Lake Koroneia in detail and will apply the relevant principles from this case to Lough Derg.

Mr Siney said he was greatly heartened to learn about Mr Higgins outright opposition to the water abstraction and felt the Court of Justice ruling was a boost for their campaign.

Members of the group briefed MEP Marian Harkin on their grounds for opposition and issues of serious concern. Ms Harkin has pledged to examine the information provided by the group and keep them briefed of any further developments at EU level.

Councillor Pat Burke, who raised this issue at a council meeting on Friday, said the Greek case raised serious questions about the risk the water abstraction would breach EU habitat directives.

In addition to opposing the proposal based on negative impact on the lake, he questioned whether Dublin City Council would need the same amount of water as the introduction of water meters and charges should result in a significant reduction in water consumption in the city and surrounding counties.