Council may have to refund €12.8m in bin levies

2001-2002 Charges Illegal

(posted here as Irish Times is subscription site)

Council may have to refund €12.8m in bin levies

From:ireland.com
Friday, 20th May, 2005

Dublin City Council has confirmed that its legal department is looking into the possibility that it may be forced to return €12.8 million in domestic waste charges that were levied on households in the city during 2001 and 2002.

Following two recent test cases won by refuse charge defaulters in the Circuit Court who claimed the charges were illegal, the council is facing the prospect that it may have to drop cases pending against other defaulters for that period.

A solicitor representing many defaulters claims that anyone who paid bin charges to the local authority during 2001 and 2002 could be entitled to a refund.

"We are still looking at the judgments in the Circuit Court. Our legal department is looking at all our options and the effects that the judgments might have on defaulters or those who have actually paid, but we have not made any decisions as yet," said Eddie Jordan from Dublin City Council's domestic waste management department.

In separate appeal cases before the Circuit Court recently, involving defaulters Robert Power and James Hegarty, Judge Alison Lindsay and Judge Jacqueline Linnane both concluded that under the "polluter-pays" principle contained within the waste management plan, the council's method of charging for rubbish collection during 2001 and 2002 was unlawful.

As such, they dismissed the council's case and awarded costs to the defaulters who had lodged the appeal. Counsel for the appellants now expect all outstanding cases against defaulters to be dropped and have not ruled out taking up the cases of customers who paid the charges during that period.

"Our argument is that charges have now been declared by two judges as unlawful and anyone who paid bin charges in those years is entitled to their money back," said Noeleen Purcell of FH O'Reilly & Co solicitors, who added that she "would love to take a class action" against the council on this matter.

However, the council has not given up hope of recovering the back charges. "They were individual cases on appeal from the District Court and at the moment, we are treating them as such," said Mr Jordan.

It is thought that about 165,000 households in the Dublin City Council area are affected.

In 2001, the council collected €5.4 million in domestic waste collection charges and took in €7.4 million in 2002. There are concerns now that all those charges may have to be paid back to customers. Since 2002, the council has changed to a weight-based method of charging, in keeping with the polluter-pays principle.

The Circuit Court decisions may also have implications for other local authorities around the country which used a similar system of charging.