The High Court has made an interim order restraining Fingal County Council from implementing a new arrangement under which the council proposed not to collect household waste bins unless those bins displayed a tag indicating charges had been paid.
Mr Justice Kelly yesterday granted Socialist Party TD Mr Jim Higgins and councillor Ms Clare Daly a temporary injunction, returnable to Monday, restraining the council from introducing a system under which householders' refuse bins would not be collected unless a pre-paid tag was attached to each one. It was due to come into operation on Monday.
He also granted leave to challenge the new arrangement in judicial review proceedings.
Mr Higgins and Ms Daly claim the administrative decision of the county manager or the council, made last January, is in excess of their powers and that the decision is incompatible with the obligations of the respondents under the Waste Management Act.
Mr Hugh Mohan SC, for the applicants, said the council was obliged to collect household waste from households within its functional area and was not entitled to refuse to perform its statutory obligation by reason of non-display of a charge tax on the bin or other waste receptacle.
Among the other grounds of challenge is a claim that, while the Act permits bye-laws for the purpose of proper management of waste or prevention or control of environmental pollution, including requirements as to presentation of waste, a provision of display of a charge tag is not a requirement.