Legal actions against three householders refusing to pay bin charges were put on hold yesterday after a judge agreed to refer a test case to the High Court on points of law.
The three residents from Finglas, Dublin, are being sued for payment of the €120 bin charge introduced by Dublin City Council last year. They are Mr Sandy Wright, Dunsink Road; Mr Derek Russell, Gortmore Road; and Mr David Tyson, Berryfield Road.
There was a large group protesting outside the Dublin District Court yesterday in support of the three, along with well-known anti-charge campaigner Deputy Joe Higgins (Socialist).
City officials went through the administrative proofs to show the court the charge had been legally levied.
These included evidence of the resolution by city councillors who voted for the charge and that it was brought in as part of the introduction of wheelie-bins to 130,000 households throughout the city, beginning in October 2000.
In the case against Mr Wright, who was the first before the court, officials said he had been sent a bill in May 2001, followed by reminders in August and November. It was not paid and legal proceedings were instituted.
Counsel for the residents argued that the charge contravened the 1996 Waste Management Act which set down the "polluter pays" principle. Under the system operated by the city council, there was no provision for a reduction in the charge if a householder recycled and reduced waste.
Counsel also argued that because the entire city was not issued with wheelie-bins at the same time, some householders received bills before they got bins.
Judge William Early said he disagreed with the submissions made be defence counsel but was prepared to state a case on these two points to the High Court. He adjourned the cases for mention to October 4th to allow lawyers for both sides to prepare papers.