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Title: Stuff the Water Charges Author: Gregor Kerr Date: 1996 Language: en Topics: taxes, Ireland, Workers Solidarity Source: Retrieved on 5th November 2021 from http://struggle.ws/ws/water47.html Notes: Published in Workers Solidarity No. 47 — Spring 1996.
1995 WILL BE seen as the beginning of the end for the hated double
taxation water charges in Dublin and throughout the country. For the
first time in almost a decade, the year closed without a single water
disconnection for non-payment in the entire country. This fact is a
tremendous tribute to the hundreds of campaign activists who have been
busy fighting the charges for almost two years in Dublin and for much
longer in many other areas. As the campaign faces into the new year,
much remains to be done but great heart can be taken from the successes
of the last number of months.
When the first summonses for non-payment of the charges dropped through
letterboxes in Firhouse, Rathfarnham and Templeogue in late
October/early November, it was exactly what campaigners had been waiting
for. Since the formation of the current government (December ’94) and
certainly since the passing of legislation delimiting the power of
County Councils to disconnect water (in early June ’95), anti-water
charge campaigners had known that these court cases were on the way.
Over the summer months and into early autumn, the campaign had
established an office in the centre of Dublin (in a room given by the
Amalgamated Transport and General Workers Union — a true example of
solidarity in action), had installed a 24-hour emergency hotline number
and had launched a membership drive to finance a Legal Defence Fund.
The campaign pledge to resist the Councils’ attempts to browbeat people
into paying, to defend non-payers in court and to prevent disconnections
if any were ordered met with a tremendous response from the residents of
the 3 County Council areas. By the time the first summonses arrived,
almost 6,000 households had paid their ÂŁ2 membership and this figure was
to rise to over 8,000 by the end of the year. As 1996 begins, the
membership will continue to be built in new areas and among new
contacts. Without a doubt this is the biggest campaign to have happened
in Dublin for many many years.
The first batch of summonses were for a court appearance at Rathfarnham
courthouse on Thursday November 16^(th). Within minutes of the first of
these being received the campaign hotline was buzzing and the resistance
was under way. In the two weeks prior to this first court hearing,
public meetings were held throughout South Dublin, Fingal and Dun
Laoghaire/Rathdown — some of them attended by over 200 people, many by
at least 100. At these meetings, local campaign groups and residents’
associations pledged their support for those who had been summonsed, and
organised delegations of local people to travel to the protest outside
the court on November 16^(th).
The atmosphere outside the court on 16^(th) November was electric. The
40+ campaign members who were due to have their cases heard were
represented by the campaign legal team and were supported by a 500
strong crowd of noisy protesters. Banners and placards on display showed
that people had travelled from places as far apart as Swords and Dun
Laoghaire.
Representatives of the anti-service charge campaign in Waterford were
present to demonstrate their solidarity and messages of support were
received from Clonmel, Cork, Galway, Limerick and many other places
where double taxation service charges have been fought for nearly a
decade. Banners representing the Dublin Council of Trade Unions, the
ATGWU, printers, bricklayers, and other unions were also visible, as
were representatives of the Association of Combined Residents
Associations (ACRA) and the National Association of Tenants
Organisations (NATO).
Following lengthy legal arguments during which the chanting and singing
protesters could be clearly heard in the courtroom, the judge decided to
adjourn the cases to the following week to consider the legal points
raised. Already the campaign had had a victory. South Dublin County
Council had expected to have almost 50 disconnection orders issued
against non-paying households, instead they had witnessed a much bigger
protest than they had thought the campaign was capable of organising and
the subsequent publicity in the national and local media would obviously
be seen as a setback for their attempts to enforce the charges.
A week later Rathfarnham courthouse saw an equally big protest. As
protesters were interviewed live on the Gay Byrne Show for RTE Radio,
all of the cases which had been adjourned from the previous week were
thrown out of court when the Council found themselves tied up in legal
knots with regard to proving who owned the houses and who consumed the
water. It was a tremendous victory for the campaign and a demonstration
of the fact that people power, in terms of the huge demonstrations on
both occasions, did have an effect. A further 100 cases called by South
Dublin County Council for November 23^(rd) and 30^(th) were adjourned to
mid-January as Council officials found their strategy in disarray.
Meanwhile Fingal and DĂşn Laoghaire/Rathdown County Councils tried their
hand as summonses arrived for court appearances in Swords, Balbriggan
and DĂşn Laoghaire. Again the campaign organised support, and again the
response from members and supporters was brilliant. Unfortunately a
small number of those summoned to Balbriggan and to Dun Laoghaire failed
to either contact the campaign or show up in court. As a result
disconnection orders were made against these people. These orders have
however since been appealed to the Circuit Court.
On Wednesday January 10^(th), the campaign received a further boost when
Judge Peter Smithwick ruled in DĂşn Laoghaire court that in cases of
joint ownership the Council must notify both parties of their intention
to seek a disconnection order. The logical consequence of this is that
both parties should also be billed ,and be sent all warning and reminder
notices. This could yet turn into a bureaucratic nightmare for the
Councils!
As the campaign faces into the coming phase, care must be taken not to
allow court appearances to consume all of our time and resources. While
it is obviously important that non-payers are defended in court, we must
remember that the courts are there to protect the interests of the
state. We must also bear in mind the fact that even if we do get a lucky
break in terms of a favourable court judgement, it is very easy for the
politicians to change the relevant piece of legislation. Such a lucky
break is therefore likely to be of a very temporary nature.
It is extremely important that over the next couple of months the
campaign is strengthened at local level, that local action groups are
established in all areas and that local activists are in constant
contact with one another. This is necessary in order to build the sort
of on-the-ground solidarity which will be absolutely vital if
disconnections are to be resisted. The water charges will not be
defeated from an office in central Dublin. Nor will they be defeated by
frantic activism on the part of a few. Victory will come from community
solidarity and self-activity on the part of local campaigners.
The campaign’s immediate task must be the establishment of these local
action groups. Without them the victory which can be ours will be more
difficult to achieve.