In imprisoning Mr Joe Higgins TD and Councillor Clare Daly yesterday for one month for refusing to comply with a court injunction not to interfere with bin collections, Mr Justice Iarfhlaith O'Neill said they had struck at the very heart of democratic order.
It is the fundamental obligation of every citizen to comply with the law, he said, and described Mr Higgins's actions as reprehensible for a member of Dáil Éireann. That is strong language, and justifiably so. The issue goes deeper than bin charges, to the rule of law and the democratic validity of lawful decisions.
Mr Justice O'Neill made it clear he had given both Mr Higgins and Ms Daly the opportunity to give him undertakings that they would comply, which they had refused to do. He acknowledged that their motivation is sincere, but this could not excuse the deliberate and calculated contempt for the law and the authority of the court. The prison sentence is in line with this assessment, since it would have been open to the court to impose a fine. Many will question whether it is too severe, compared, for example, to the sentences imposed on Mr Liam Lawlor for not co-operating with the Flood/Mahon Tribunal.
The scene is now set for what could be an escalating campaign to secure the release of Mr Higgins and Ms Daly and that of any other protesters similarly sentenced. Fingal and Dublin councils felt they had no option but to go to the court this week, following continued harassment of their bin collections. They are convinced the protests represent only a minority of households. There is clear evidence, however, of concerted action by determined groups of protesters, who say they represent large numbers of voters.
It is hard to see how such contrasting views can be easily reconciled. But the merits of the case being made by the protesters must be part of that debate. Bin charges are levied according to the progressive principle that the polluter should pay. There is an effective waiver scheme to protect those who cannot afford to pay, and the policy encourages recycling.
The more general question of overall taxation policy in which the rich are unfairly favoured is certainly a valid issue. Stealth taxes to compensate for low taxes on income hit poorer taxpayers more. This is, however, a matter for general political debate and electoral contests - not least in next year's local elections - rather than the basis for unlawful campaigns against policies decided democratically at local level.