URGENT ACTION NEEDED ON LAMENTABLE WATER CHARGE COLLECTIONS
Issued : Tuesday 25 May, 2010
Cllr Richard Humphreys, the Labour Party Councillor for the Stillorgan Ward, has called for urgent action by Dun Laoghaire-Rathdown County Council to improve collection of outstanding commercial water charges.
“An investigation by today’s Irish Independent indicates that Dun Laoghaire-Rathdown is one of the 5 worst Councils in the country for collection of commercial water charges. This is appalling and the Council needs to address this urgently” Humphreys said
“At the Council meeting on 26 April, I proposed that action be taken to seriously step up the pressure on defaulters, by instituting a scheme whereby non-payers would be publicly listed, like Revenue cheats. Unfortunately my motion was opposed by the Manager on bureaucratic grounds and as a result was defeated by one vote.” Humphreys said.
“I am calling on the Manager to reconsider and to acknowledge that there has been a real systems failure in terms of collection of commercial water charges, and that effective action is now required.”
“I am also particularly shocked that my motion was opposed by the socialist workers party/people before profit councillors, who seem happy to take the pressure off corporate water charge cheats. While times are hard for all businesses, those who fail to pay water charges are short-changing not only the others who do pay up, but also all of the citizens of the county whose services have been cut back due to falling Council incomes.”
“Water is an extremely expensive substance to treat and supply, and it cannot be supplied in unlimited quantities to all users for nothing. Companies or indeed politicians who pretend otherwise are deluding themselves and the public.” Humphreys said.
Ends
For more information contact Cllr Richard Humphreys at 086 781-4518
www.richardhumphreys.ie
www.richardhumphreys.blogspot.com
NOTE FOR EDITORS
The text of Councillor Humphreys’ Motion, the manager’s report and the vote on it are below
C/255/10
Name and Shame
It was proposed by Councillor R. Humphreys and seconded by Councillor A. Culhane:
“That the Council introduce a ‘name and shame’ scheme for companies or individuals who fail to pay rates or charges lawfully due to the Council, subject to such exceptions and conditions as are set out in the scheme.”
The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:
“Rates, Water & Environmental Charges are among the more significant charges
levied by this Council and constitute 49.5% of the income provided for in the 2010 Budget and are payable on foot of the issue of invoices by the Council to its
Customers. Other significant charges include planning fees, fire cert charges etc but these are payable at the time of application for the service.
Rates are a local charge payable on all commercial properties. The basis for
determining the charge and procedures for collection are set out in various pieces of statute. The most common remedy for addressing non - payment of the charge is the institution of legal proceedings against defaulting Ratepayers, either in the
District or Circuit Court, depending on the amount owing. The proceedings in these Courts are open to reporting in the local & national media. Where a judgement is obtained the Council can then apply to the Court for a warrant, which is then lodged with the County Sheriff for execution. Alternatively, the Council can apply to convert an order of the Court into a decree details of which can then be published in the trade gazettes or the decree can be registered as a interest bearing mortgage against the property of the defaulting Ratepayer.
The amount collected in respect of Commercial Rates for the year ended 31/12/2009 equaled 84.5% of the total amount collectable for the year, which resulted in a collection shortfall for the full year of 6.77% in comparison to the previous year, and this collection performance is considered satisfactory having regard to the very difficult economic climate that prevailed in 2009 and currently prevails. The Council’s Rate Collectors are in continuous contact with their Customers and will continue to make every effort to ensure the maximum rate collection percentage is achieved in 2010, cognisant of the difficult trading environment being experienced by the business community.
With regard to the non - payment of Environmental Waste Charges it is Council
policy to discontinue service to non paying customers who have not entered into an acceptable agreement with the Council for payment of the charge. Where payment is not forthcoming, despite the Council’s efforts to collect the monies owing, the account is then referred to one of the Council’s debt collecting agencies. These agencies advise the non - paying customers of the consequences of not addressing the outstanding debt, including the detrimental effect it may have on their credit rating and the possibility of legal proceedings being initiated. Legal proceedings are undertaken, where appropriate, and would be open to reporting in the local and national press. In the case of non – paying commercial water charges customers it is Council policy to discontinue supply to these customers where a satisfactory agreement to address outstanding charges has not been entered into. The use of legal proceedings, in appropriate cases, is also been examined.
It is considered that the necessity for a “Name & Shame” Scheme does not arise at the present time. However, should such a scheme be introduced it would have to comply with the Council’s obligations to its customers with regard to confidentiality of information and to the provisions of the Data Protection & Freedom of Information legislation and other relevant statutes.”
Following discussion Councillor R. Humphreys amended his motion as follows:
It was proposed by Councillor R. Humphreys and seconded by Councillor G. Horkan:
“That the Council introduce a ‘name and shame’ scheme for companies or individuals who fail to pay rates or charges lawfully due to the Council, subject to such exceptions and conditions as are set out in the scheme and who meet such threshold criteria as are set out in the scheme.”
A further discussion took place, during which Ms. H. Cunningham, A/ Head of Finance responded to Member’s queries. A roll call vote on the amended motion was requested, the result was as follows:
COUNCILLORS: FOR
Brennan, Aoife √
Culhane, Aidan √
Fitzpatrick, Stephen √
Horkan, Gerry √
Humphreys, Richard √
O’Callaghan, Denis √
Smyth, Carrie √
AGAINST
Bailey, John F. √
Bailey, Maria √
Baker, Marie √
Boyd Barrett, Richard √
Boyhan, Victor √
Lewis, Hugh √
Marren, Donal √
O’Keeffe, Gearóid √
ABSTAINED
Dillon Byrne, Jane √
DID NOT VOTE/NOT PRESENT
Bhreathnach, Niamh
Devlin, Cormac
Fox, Tony
Hand, Pat
Joyce, Tom
McCarthy, Lettie
Mitchell O’Connor, Mary
Murphy, Tom
O’Leary, Jim
Richmond, Neale
Saul, Barry
Ward, Barry
Total: 7 8 1
An Cathaoirleach, Councillor M. Baker declared the amended motion DEFEATED.
Cllr 
