A Cork City alderman Mr Con O'Connell has been granted leave by the High Court to challenge the local county council on its scheme of waste collection.
He told Mr Justice Butler yesterday that the county council's claim it was not obliged to collect and dispose of domestic refuse in parts of its operational area serviced by private contractors was a misinterpretation of the Waste Management Act. "Their failure to comply with the legal obligations imposed on them by law is causing considerable hardship and stress to the elderly, the sick and the underprivileged," he said.
Mr O'Connell, Tramore Road, Cork, said the council's failure to discharge its statutory duty was creating a serious health hazard and was endangering the health of himself and his wife and was an interference with their right to bodily integrity as guaranteed under the Constitution.
Questioned on his right as a resident of the city of Cork to challenge the policy of a neighbouring local authority, Mr O'Connell said the non-collection of waste interfered with his and his wife's right to enjoyment of the amenities of the countryside and county.
As an alderman of Cork City Council and a member of the City Council's environment committee, he had a duty to see that neither council acted unlawfully.
Mr Justice Butler said he would allow Mr O'Connell to challenge the council and seek a judicial review order directing it to collect waste irrespective of whether bins or bags displayed a tag or marker and irrespective of whether the areas were serviced by the council or by private contractors.
Judge Butler granted the council four weeks to deliver a statement of opposition.