Water laws consultation 'flawed'

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By Mike McKimm BBC Northern Ireland correspondent

A judge has ruled that the government failed to consult properly before putting "monumental legislation" before Parliament.

A challenge had been brought by the Northern Ireland Consumer Council who had sought a judicial review of the process.

The Consumer Council brought the case over water charges to court

The legislation is required to collect water charges from the Northern Ireland consumer from April next year.

The council's key point was that the public consultation was flawed in that there was not enough time for government to deal with all the submissions and findings in the time allowed.

The judge agreed, saying that the consultation was incomplete.

As a result of the council's victory, the judge has ruled that a declaration will be added to the draft legislation before it continues its path through Westminster.

The declaration will contain several paragraphs explaining the outcome of the court case and the judge's ruling.

Despite the court's decision, the Department of Regional Development was upbeat.

The department's minister, David Cairns, said: "I am very pleased that this challenge to the water legislation has been rejected.

Minister David Cairns said the legislation would proceed

"The court has dismissed all the grounds of challenge except one technical aspect of procedure."

He stated that he "welcomed the court's decision allowing the vital Water Reform Legislation to proceed and quash 15 of the 16 grounds raised by the Consumer Council".

But the Consumer Council have rounded angrily on the minister.

Its chairman Steve Costello said: "I am appalled at the minister's statement.

"I think it shows disrespect to the court, it is inaccurate, it is full of spin, it's appalling."

He went on: "Consumers won, the minister lost. The minister took insufficient notice of the consumers' voice."

When the legislation continues its passage through Westminster next week, it will be up to the politicians in both the Commons and the Lords to decide if it's accepted or if the declaration makes it flawed.

If they reject the legislation, the government will be unable to introduce its water charges for the foreseeable future.