A waste collection company has begun a High Court challenge to a local authority's decision to seek tenders from it and other firms to provide a collection service to low-income households.
Mr Binman Ltd, which has 220 employees, claims the proposed contract would mean that those entitled to avail of a waiver scheme for refuse charges would only get that benefit if they used the services of whichever company Limerick City Council appointed under the tendering process. It says the council would likely inform the successful firm of the identities of all persons entitled to the waiver, including some 4,000 of its customers.
Mr Binman Ltd, Luddenmore, Grange, Kilmallock, Co Limerick, was given leave to bring judicial review proceedings against the council seeking a number of reliefs.
It was also granted a temporary injunction restraining the council from entering into any contract with any waste-collection company for the proposed new service, and preventing the council from contacting customers who have so far availed of the waiver scheme with a view to inducing them to breach their contracts with Mr Binman Ltd.
The applicant company has more than 17,000 customers in the council's area, and these enter into contracts for the collection of their household waste typically for either six months or a year. It began this service in 2000 and has provided bins to customers.
Mr Justice Quirke was told that Mr Binman Ltd was claiming that the council was acting outside its powers under Section 33 of the Waste Management Act, 1996.
It is also claimed that, as the new contract would run for the year from January 1st, 2005, the council would be communicating with customers of Mr Binman Ltd, who have contracts for the six months to June 30th, with a view to those customers breaking their contracts and switching to the successful tenderer.