Council Refused Costs Against De Burca in Waste Case

Costs sought by Wicklow County Council against Green Party Councillor Deirdre de Burca have been refused by the High Court on the basis that the case she took in relation to the private waster collection service was in the public interest.

Councillor de Burca had sought a judicial review in relation to the Council's decision to privatise the waste collection

Cllr. de Burca does not have to pay €70,000 costs

services in the county back in January 2000.

She argued that the privatisation of the service without a proper regulatory system would result in widespread illegal dumping as there was neither a Waste Management Plan nor a Waste Collection Permitting System in place in the county when the privatisation occurred. Her concerns have since been borne out as more than 100 illegal dumps have been discovered around the county.

In a judgment delivered on March 25th, Judge Aindrias O'Cuiv refused Councillor de Burca's attempt to reverse the Council's decision to privatise the service while recognising that there appeared to have been various breaches of EU waste legislation.

However, on Friday last, the Judge ruled that he would not award costs against the Councillor for taking action against the Council because it was in the public interest and the case she brought was an important one.

Councillor de Burca said afterwards that she was relieved at the decision but still believed that the stance she took was vindicated by recent discoveries of illegal dumping. `Surely it is obvious to everyone that the regulation of dumping in the county has been a disaster', she said.

`If the court had made an order for costs against me I could have been facing a bill of up 70,000 Euro. However, I do not regret taking the case as it was very important to protect the public interest. I believe that my case had a direct bearing on the Wicklow Waste Management Plan and the Waste Collection Permit System being introduced in the county', she said.