The Connacht Tribune is today reporting that all Galway TDs who responded to a survey confirmed they would be paying the water charges ...because they wont break the law. The TDs who responded are Paul Connaughton, Noel Grelaish, Michael Kitt, Sean Kyne, Brian Walsh, Colm Keaveney and Eamon OCuiv. Ciaran Cannon and Derek Nolan did not respond. While I have come to know some of these TDs over the last year or so, and they all undounteldy believe their position, I find it actually incredible that not one of them appears to actually know what the law is relating to payment of the water charges. To break the law, one has to commit a criminal offence, and neither the Water Services Act No. 1 or 2 of 2013 provides that it is a criminal offence not to pay water charges. On the contrary, it expressly provides that non-payment creates a civil liability only, which Irish Water may elect to pursue or not. While I dont intend to tell people what to do, although I have made my own personal decision that I wont be paying water charges as mooted, its essential for elected representatives to be giving factual and correct information to their constitutents and not feeding into the fear mongering that exists out there at present. The civil liability means:- 1. Irish Water would have to bring an individual to Court (effectively for a small claim) in order to get a Court Order (effectively a piece of paper) directing payment; 2. That Court Order would then have to be enforced by them, and legislation provides that imprisonment is not permissible in the event that someone is unable to pay a debt. In fact, the avenue which Irish Water would most likely have to pursue is to seek an Order for a periodical payment, at which time the Court would be obligated to assess the means of the individual in question and their ability to pay. So while the Government continues to effect blanket tax legislation which has no reference to ability to pay, it in fact will fall upon the Courts to assess an individuals ability to pay. This is actually the society Fine Gael and Labour have created, where it falls on the Court, rather than Government and legislators, to assess the means of both the lower class and the so called squeezed middle in order to ensure equity. Its an absolute disgrace and indictment on this Government and will be their enduring legacy. As for Galway TDs who are advocating payment, including even Independent TDs who marched alongside the thousands who took to the streets and sought wide publicity thereafter, it is simply unaccetpable that they are touting the message that it is breaking the law not to pay water charges when non-payment may in fact be the only mechanism which requires an arm of the State, namely its Courts, to intervene and actually assist individuals who are simply at breaking point. This tax, and it is nothing more than a tax, needs to be assessed through direct taxation, as has always been the case, with ability to pay at its core. Im disgusted with Galway TDs who clearly are not advising their constituents of the correct facts surrounding this issue.
Posted on: Thu, 06 Nov 2014 12:55:25 +0000
Trending Topics
Recently Viewed Topics
© 2015