They have been told to reconsider its decision to exclude water meters in new builds.
Fresh legal advice sought by Fine Gael says if the measure is not changed then the European Commission will not acknowledge Ireland’s efforts to comply with the Water Framework Directive.
The two page legal opinion from Senior Counsel David Nolan does acknowledge that many of the changes made by the water committee last week do not cause issue for compliance with EU law.
The legal advice does recommend changes around the wording for wastage, excess use or wilful abuse and Mr Nolan suggests wording for three paragraphs in the water report which he says would persuade the European Commission that Ireland is abiding by its EU obligations.
The biggest change necessary on this legal advice though relates to meters.
Last week the committee decided to abandon a recommendation for meters to be installed in all new builds and refurbishments.
This legal advice says without some reference to meters needing to be installed the European Commission will not acknowledge Ireland’s efforts to comply with the Water Framework Directive.
