168 lines
7.4 KiB
Plaintext
168 lines
7.4 KiB
Plaintext
Stuff the Water Charges
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1995 WILL BE seen as the beginning of the end for the
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hated double taxation water charges in Dublin and
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throughout the country. For the first time in almost a
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decade, the year closed without a single water
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disconnection for non-payment in the entire country.
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This fact is a tremendous tribute to the hundreds of
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campaign activists who have been busy fighting the
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charges for almost two years in Dublin and for much
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longer in many other areas. As the campaign faces into
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the new year, much remains to be done but great heart
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can be taken from the successes of the last number of
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months.
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When the first summonses for non-payment of the
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charges dropped through letterboxes in Firhouse,
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Rathfarnham and Templeogue in late October/early
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November, it was exactly what campaigners had been
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waiting for. Since the formation of the current
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government (December '94) and certainly since the
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passing of legislation "delimiting" the power of County
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Councils to disconnect water (in early June '95), anti-
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water charge campaigners had known that these court
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cases were on the way.
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Over the summer months and into early autumn, the
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campaign had established an office in the centre of
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Dublin (in a room given by the Amalgamated
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Transport and General Workers Union - a true example
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of solidarity in action), had installed a 24-hour
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emergency hotline number and had launched a
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membership drive to finance a Legal Defence Fund.
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Tremendous response
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The campaign pledge to resist the Councils' attempts to
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browbeat people into paying, to defend non-payers in
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court and to prevent disconnections if any were ordered
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met with a tremendous response from the residents of
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the 3 County Council areas. By the time the first
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summonses arrived, almost 6,000 households had paid
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their #2 membership and this figure was to rise to over
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8,000 by the end of the year. As 1996 begins, the
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membership will continue to be built in new areas and
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among new contacts. Without a doubt this is the
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biggest campaign to have happened in Dublin for many
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many years.
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The first batch of summonses were for a court
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appearance at Rathfarnham courthouse on Thursday
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November 16th. Within minutes of the first of these
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being received the campaign hotline was buzzing and
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the resistance was under way. In the two weeks prior to
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this first court hearing, public meetings were held
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throughout South Dublin, Fingal and Dun
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Laoghaire/Rathdown - some of them attended by over
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200 people, many by at least 100. At these meetings,
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local campaign groups and residents' associations
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pledged their support for those who had been
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summonsed, and organised delegations of local people
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to travel to the protest outside the court on November
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16th.
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The atmosphere outside the court on 16th November
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was electric. The 40+ campaign members who were
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due to have their cases heard were represented by the
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campaign legal team and were supported by a 500 strong
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crowd of noisy protesters. Banners and placards on
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display showed that people had travelled from places as
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far apart as Swords and Dun Laoghaire.
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Representatives of the anti-service charge campaign in
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Waterford were present to demonstrate their solidarity
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and messages of support were received from Clonmel,
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Cork, Galway, Limerick and many other places where
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double taxation service charges have been fought for
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nearly a decade. Banners representing the Dublin
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Council of Trade Unions, the ATGWU, printers,
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bricklayers, and other unions were also visible, as were
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representatives of the Association of Combined
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Residents Associations (ACRA) and the National
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Association of Tenants Organisations (NATO).
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Following lengthy legal arguments during which the
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chanting and singing protesters could be clearly heard
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in the courtroom, the judge decided to adjourn the
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cases to the following week to consider the legal points
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raised. Already the campaign had had a victory. South
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Dublin County Council had expected to have almost 50
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disconnection orders issued against non-paying
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households, instead they had witnessed a much bigger
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protest than they had thought the campaign was
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capable of organising and the subsequent publicity in
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the national and local media would obviously be seen
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as a setback for their attempts to enforce the charges.
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A week later Rathfarnham courthouse saw an equally
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big protest. As protesters were interviewed live on the
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Gay Byrne Show for RTE Radio, all of the cases which
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had been adjourned from the previous week were
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thrown out of court when the Council found
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themselves tied up in legal knots with regard to
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proving who owned the houses and who consumed
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the water. It was a tremendous victory for the
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campaign and a demonstration of the fact that people
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power, in terms of the huge demonstrations on both
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occasions, did have an effect. A further 100 cases called
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by South Dublin County Council for November 23rd
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and 30th were adjourned to mid-January as Council
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officials found their strategy in disarray.
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Meanwhile Fingal and Dun Laoghaire/Rathdown
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County Councils tried their hand as summonses
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arrived for court appearances in Swords, Balbriggan and
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Dun Laoghaire. Again the campaign organised support,
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and again the response from members and supporters
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was brilliant. Unfortunately a small number of those
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summoned to Balbriggan and to Dun Laoghaire failed
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to either contact the campaign or show up in court. As
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a result disconnection orders were made against these
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people. These orders have however since been
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appealed to the Circuit Court.
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On Wednesday January 10th, the campaign received a
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further boost when Judge Peter Smithwick ruled in
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Dun Laoghaire court that in cases of joint ownership
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the Council must notify both parties of their intention
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to seek a disconnection order. The logical consequence
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of this is that both parties should also be billed ,and be
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sent all warning and reminder notices. This could yet
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turn into a bureaucratic nightmare for the Councils!
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As the campaign faces into the coming phase, care must
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be taken not to allow court appearances to consume all
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of our time and resources. While it is obviously
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important that non-payers are defended in court, we
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must remember that the courts are there to protect the
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interests of the state. We must also bear in mind the
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fact that even if we do get a lucky break in terms of a
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favourable court judgement, it is very easy for the
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politicians to change the relevant piece of legislation.
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Such a "lucky break" is therefore likely to be of a very
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temporary nature.
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It is extremely important that over the next couple of
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months the campaign is strengthened at local level,
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that local action groups are established in all areas and
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that local activists are in constant contact with one
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another. This is necessary in order to build the sort of
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on-the-ground solidarity which will be absolutely vital
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if disconnections are to be resisted. The water charges
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will not be defeated from an office in central Dublin.
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Nor will they be defeated by frantic activism on the part
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of a few. Victory will come from community solidarity
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and self-activity on the part of local campaigners.
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The campaign's immediate task must be the
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establishment of these local action groups. Without
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them the victory which can be ours will be more
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difficult to achieve.
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Gregor Kerr
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Contact the Federation of Dublin Anti Water Charge
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Campaigns by ringing Gregor Kerr at 4947025 or Joe
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Higgins at 8201753.
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