Bin charges referred to Supreme Court

dublin | bin tax | other press Tuesday March 21, 2006 16:59 by Slimes Reader

Article from todays Irish Times, reposted in full because the Slimes is paid-restricted.

Bin charges referred to Supreme Court
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A Supreme Court ruling on the validity of bin collection charges under Dublin City Council's Waste Management Plan could cost the local authority millions of euro.

Circuit Court president Mr Justice Matthew Deery yesterday agreed to refer to the Supreme Court a number of questions raised in an appeal against charges by a city householder.

Paul O'Higgins SC, counsel for George Williams, Rutland Grove, Crumlin, Dublin, argued that the city council's charges were invalid having regard to the "polluter pays" principle.

Mr Williams is appealing against a District Court order which gave Dublin City Council a decree for €241.26 in respect of the provision of a household waste collection service charge.

His case is grounded on the basis that there is an objective in the waste management plan whereby charges would be levied on the basis of pay by weight or volume allowing an incentive to waste producers to reduce waste.

Mr Williams claims that because his bill was a fixed charge and it was unrelated to weight or volume that it offended the principle of the polluter pays or he with the most waste pays most.

Mr Justice Deery told Paul Murray SC, and James Connolly SC, who appeared with Ms Carol O'Farrell, for the City Council that he was satisfied there were a number of issues to be determined arising out of the express terms of the plan.

He said the issues should be determined by the Supreme Court and he agreed to refer a number of questions to it by way of case stated on whether the charge offends the provisions of the plan and particularly the polluter pays principle.

© The Irish Times