The Government is to introduce legislation to ensure people who cannot pay their water charges will not go to jail.
The Minister for the Environment Alan Kelly has agreed new measures with the Minister for Justice Frances Fitzgerald which would remove the threat of prison for those who cannot afford the levy.
The proposal, which could go to Cabinet on Wednesday, will differentiate between those who can’t pay and who won’t pay.
A Government source said the legislation will be introduced by the Department of Justice and will offer legal protection for people struggling to pay the new charge.
The senior source said: “The Department of Environment has not got the powers to introduce new measures so Alan Kelly has been working with Frances Fitzgerald for some time on these new proposals.
“The aim is to offer no jail time and legal protection for families who cannot pay the new charge as opposed to those who won’t pay.”
Revamped measures
It is understood the revamped compliance measures have been worked on in both the Department of Justice and Environment.
Sources suggested the legislation being worked on in the Department of Justice would encompass more charges than water, and may remove the threat of jail for failure to pay some fines. The proposals will offer no jail time and legal protection for families who cannot pay the charges.
The measures may be signed off by the Government at Wednesday’s meeting, which starts earlier because of the commemoration ceremonies in Arbour Hill.
The charges are €160 a year for a single person and €260 for others. Households will also be eligible for a conservation grant of €100 from the Department of Social Protection.
The compliance measures have been in draft form since January and have been with the Attorney General’s office for weeks.
Marie Whelan’s office has been examining proposals to introduce attachment orders on wages and welfare payments.
The Tánaiste Joan Burton was said to be opposed to the measure but the Departments of Social Protection and the Environment were said to have reached a “compromise”.
But the finer details of the agreement have not been revealed.
The plans will also include giving landlords the power to take the water charges from the deposits of tenants.
There are also proposals to attach the unpaid charges to homes meaning a homeowner could not sell their home until the levies were paid.
The bills for water charges for the first three months of the year have been arriving over the past number of weeks.
Penalties
Under current legislation, late payment penalties of €30 for single households and €60 for others will be applied to non-paying customers.
After the second year, the fines will double to €60 and €120 and in the third it will increase €120 and €240 and after the fourth year that will rise to €180 and €360. But the penalties do not come in for 15 months.
