textfiles/politics/SPUNK/sp001371.txt

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Stuff the Water Charges
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.
Tremendous response
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 #2 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 16th. 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
16th.
The atmosphere outside the court on 16th 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 23rd
and 30th were adjourned to mid-January as Council
officials found their strategy in disarray.
Meanwhile Fingal and Dun Laoghaire/Rathdown
County Councils tried their hand as summonses
arrived for court appearances in Swords, Balbriggan and
Dun 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 10th, the campaign received a
further boost when Judge Peter Smithwick ruled in
Dun 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.
Gregor Kerr
Contact the Federation of Dublin Anti Water Charge
Campaigns by ringing Gregor Kerr at 4947025 or Joe
Higgins at 8201753.