Exclusion zone for meter installers
GMC Sierra Ltd, which has a contract to install meters at various locations in Dublin, had in early October secured injunctions preventing a number of individuals or anybody who had notice of the order from assaulting, intimidating, or interfering with workmen installing water meters.
The company secured the orders after its lawyers told the High Court its workers had been harassed and threatened while installing meters in the Dublin 5 and Dublin 13 areas.
The company yesterday returned to court seeking an additional order establishing the 20m zones around its work stations because of the escalation of what it says is unlawful activity by protesters.
Lawyers for several protesters allegedly in breach of the October injunctions opposed the application. They deny any wrongdoing and say they are protesting against the installation of the meters in a lawful and peaceful manner.
Mr Justice Paul Gilligan granted an order preventing protesters on a public road or footpath going within 20m of where GMC’s employees are carrying out installation works.
He said the order does not apply to either residents of the roads where works are being carried by the firm or to those going about their normal daily business, such as people making deliveries.
The court also granted an order preventing protesters from blocking GMC’s vehicles from egressing or accessing sites where they are carrying out works.
The evidence offered to court, including video evidence, showed the company’s attempts to install water meters were being “seriously impaired”, the judge said.
Video evidence taken by a security firm on GMC’s behalf at protests in October appeared to show “a significant deviation from lawful protesting”, the judge said.
The court was packed with anti-water charge protesters who, after the judge gave his decision, began to jeer and verbally abuse lawyers for GMC.
GMC Sierra sought the fresh orders after claiming protests had escalated after the initial injunction was granted last month. The court heard the company was unable to meet its target of meter installations.
Counsel said workers had been threatened, harassed, spat at, racially abused, and, in instances, were followed home by protesters. In addition, equipment and machinery used by the company had been damaged.
Lawyers for some of the respondents said it would be a disproportionate interference with their rights.
John Berry represented seven individuals alleged to have breached the original court orders. He said the imposition of such a zone would also have the effect of “closing the roads”.
That claim was rejected.
The company application for the attachment and committal to prison against the nine individuals arising out of alleged contempt for breaching the October injunction was adjourned for two weeks.
A judge yesterday questioned the rationale behind the Environmental Protection Agency prosecuting two other statutory bodies over remedial water supply works.
The EPA took proceedings against Irish Water and Kerry County Council over their failure not to replace lead pipes in a housing estate in Tralee.
Works are now under way on the replacement works at St Brendan’s Park. Locals had mounted protests at the estate in recent weeks in opposition to any water charges and to the delays in the works.
Yesterday, Tralee District Court was told works have now commenced with a mid-2015 completion date.
Judge James O’Connor noted it was a case of one leg of the State suing two other legs of the State over the same matter.
The council, he heard from the EPA, had failed to complete replacement of lead distribution mains pipes at St Brendan’s Park between December 25 and 31, 2013, and Irish Water had failed to do so from February to June 2014.
Judge O’Connor asked why the EPA wanted the case to go for hearing since the works had begun. Noirín O’Connor, for the council, agreed but said it was up to the EPA, who was the prosecuting body. The judge said he couldn’t see why there should be a hearing fixed, adjourning the case “for mention only” to December 17.
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