The High Court has granted leave to apply for judicial review on the grounds of public interest and the common good to a woman challenging the constitutionality of the legislation transferring the water supply to Irish Water.
Elizabeth Hourihan was heard by Judge Baker in her application for an order to declare null and void the transfer of the public water supply to Irish Water. She claims it makes the service into a commodity which can be sold and purchased by private concerns.
Ms Hourihan, who suffers from Crohn’s Disease, told the court that her condition requires regular, vital hydration which means that she would use significantly more water than the average user. The transfer of services and the new charging scheme would threaten her health because her financial situation would force her to choose between paying for food and paying for water. She also claimed that there was not sufficient consultation and the Minister for Environment was not acting in the common good when making the decision to transfer the supply.
Judge Baker granted Ms Hourihan leave to bring proceedings on notice to the State on the grounds of public interest and common good and on the grounds of the effect on her personal health. Judge Baker allowed the woman to amend her proceedings by adding the Attorney General and the Minister for the Environment as named defendants.