United Left Alliance

Defend Local Services.

Administrator — Mon, 17 Jun 2013 11:30:35 +0000

The lie that property tax will fund your local services is being exposed as Councils are cutting back on resources and increasing fees for many amenities.

Last Week Fingal County Council announced an increase in fees for the use of Council playing fields. This will affect all sports clubs and schools in the area. At a time when unemployment is high it is essential that our public amenities are available for use by the young and old in our communities. Members of the government pay lip service to children’s rights while they curtail their access to libraries and sports facilities. Last year’s Children’s referendum appears now to have been little more than a PR exercise. The reality on the ground with cuts to child benefit, poor child care facilities and now the curtailment of public resources all suggest that the referendum was a hollow piece of legislation.

The increased fees for playing pitches come on the back of the County Manager’s decision to cut library opening hours in the Rush and Balbriggan libraries, due to take effect at the start of July. These two things combined will have a negative impact on the community. If people do not have access to public amenities it is very likely that there will be an increase in anti-social behaviour, depression, obesity and many other knock on effects.

Many families in Fingal are legitimately concerned at the County Manager’s decision to cutback Library hours. The County Council voted to protect our access to this public service. However, that vote has not meant a protection of access to our books and other amenities. The local library network in Rush and Balbriggan will suffer curtailed access from the end of June and there is no certainty that this curtailment will not be made permanent.

This is unfortunate as both these facilities are very popular and both are the product of substantial investment by citizens.

Please try to attend our public meeting in THE STRAND BAR in Rush @ 8pm This TUESDAY 18th JUNE to discuss what we can do to protect our public resources.

Article source: http://www.claredaly.ie/defend-local-services/

El Salvador, Beatriz Court Ruling-update.

Administrator — Thu, 13 Jun 2013 20:09:26 +0000

by Jamison Maeda

Women’s rights advocates around the world following the case of “Beatriz,” the 22 year old woman in El Salvador, received reassuring news today. After 26 weeks of severe complications due to lupus and kidney failure, Beatriz was granted a Caesarean section. Her doctors as well as, international human rights groups and the United Nations appealed to the Supreme Court of El Salvador for a medically necessary abortion several weeks ago when her health issues became life threatening. But El Salvador like many other Latin American nations does not permit abortion in any case, even if the mother’s life is in danger.

Ultrasounds months ago showed the baby suffered from a birth defect called anencephaly in which parts of the skull and brain are missing. Babies with anencephaly usually do not survive a full term and those who do will only survive for few hours after birth. Beatriz’s medical team provided this information to the Supreme Court to no avail. Her baby was born without a brain and died a few hours after the Caesarean was performed.

The United Nations released a statement saying that it is time to reconsider the serious consequences of El Salvador’s abortion legislation and practices. “This Court ruling exposed the physical and mental health of Beatriz to serious risk, which could eventually threaten her life.”

We wholeheartedly wish Beatriz, her husband and their 14-month-old son well as they begin to recover from this tragedy.

Article source: http://www.claredaly.ie/el-salvador-beatriz-court-ruling-update/

Edward Snowden’s battle for Transparency

Administrator — Thu, 13 Jun 2013 11:27:05 +0000

by Jamison Maeda

Edward Snowden exposed the existence of a US government data mining program called PRISM, and is being hailed by some as a hero. To them, he sacrificed his career and possibly his freedom to blow the whistle on the secret surveillance of innocent American citizens. According to a recent Reuters survey, 31% of Americans polled think Snowden exposing the PRISM program makes him a patriot. However, 23% think he is a traitor and a defector and should be prosecuted to the fullest extent of the law. Snowden himself told South China’s Morning Post that he is “neither traitor nor hero. I’m an American.”

Snowden, a former National Security Agency contractor, leaked details of the large scale monitoring of private phone records and emails to The Guardian and the Washington Post. He felt that it was government overreach and Americans needed to know about it. Snowden says he carefully selected which documents he would make public. “There are all sorts of documents that would have made a big impact that I didn’t turn over,” he said, “because harming people isn’t my goal. Transparency is.”

He says that because of his disclosure, the US government which had been operating in the shadows will now have to answer to the governed. “Every level of society is demanding accountability and oversight.”

Some of his critics’ question why he chose to present his information to the media instead of already existing whistle-blower programs or Congress. But as we learned from the gardai in Ireland who brought to light serious deficiencies in the penalty points system, protection is not guaranteed. The Penalty Points Report did not contain any testimony from the two gardai whistle-blowers and wasted no time in attempting to discredit them.

What will happen to Edward Snowden?

Snowden chose to reveal the information he had gathered from Hong Kong he says because of its “strong tradition of free speech.” Recent reports state that he is still in Hong Kong and trusts that their legal system will be fair to him and not surrender him to the US. Russia announced that it would consider offering him asylum. And he previously showed interest in seeking asylum in Iceland. Clare Daly TD has proposed to the Taoiseach that Snowden be granted asylum in Ireland as it is a neutral country. For the time being, Snowden says he is planning to stay in Hong Kong until he is asked to leave.

Article source: http://www.claredaly.ie/edward-snowdens-battle-for-transparency/

General Strike called over Greek Government’s closure of public broadcaster ERT.

Administrator — Wed, 12 Jun 2013 18:18:32 +0000

The decision by the Greek Government to close down the national broadcaster is an outrageous attack on democracy, on journalism and on the jobs of 2,700 workers employed by ERT in Greece and has been met with widespread condemnation and serious resistance from Greek workers.

The 2,700 workers at ERT were given only hours’ notice before the government with a heavy hand shut off the transmitters and sent in police to clear the premises. The workers however, bravely defied the attempt to close them down and continued broadcasting online and on digital frequencies. Thousands of people remain outside ERT’s headquarters in Athens today in protest against this brutal decision.

The Greek government announced that it was closing down the public broadcasting organisation’s three TV stations, radio and regional radio stations, satellite emissions and internet portal for approximately three months. They are effectively sacking the entire staff and claim that they will reopen, but with a much-reduced staff.

This decision to make ordinary citizens and workers’ pay for the debt crisis by shutting of vital communications by closing down the state broadcaster and sacking thousands of employees overnight is right wing in the extreme. It is an unprecedented and dangerous manoeuvre reminiscent of a military coup.

The people of Greece in these dark days need to be informed by a reliable source and should not be left with privatised news corporations as their sole source of information. A national broadcaster is often a vital provider of important information regarding the safety and welfare of the general public, in the event of disasters, missing persons, extreme weather warnings and so on. An independent source free from commercial and government dictat is vital to the freedom of the press and to a truly democratic society. Considering the already present danger of far right organisations in Greece this decision has serious repercussions. The announcement did not come after a parliamentary debate, rather it was a decision made at the behest of just two government ministers.

Hundreds of workers remained inside to occupy the headquarters of the ERT last night while thousands gathered outside in solidarity. For now the station is still broadcasting, thanks to the bravery and determination of the workers. Members of the Greek Diaspora are staging protests in cities around the world while a general strike has been called for tomorrow. The NUJ in the UK held a solidarity protest at the Greek Embassy in London today while the Dublin branch will hold a demonstration on Thursday at the Greek Embassy on Pembroke Street at 6.30pm. The Greek Government must be forced to reverse this decision.

Article source: http://www.claredaly.ie/general-strike-called-over-greek-governments-closure-of-public-broadcaster-ert/

Protest Against the G8 Sat 15 June Belfast, Mon 17th June Enniskillen

Administrator — Tue, 11 Jun 2013 17:53:32 +0000

The G8 are the leaders of the eight richest countries on earth – the USA, Germany, Britain, France, Japan, Canada, Italy, and Russia. This year the G8 summit will take place near Enniskillen on 16 and 17 June. They will gather to co-ordinate policies for defending privilege and inequality. The G8 and its associates represent the pillar organisations of corporate globalisation.

It will be a focus for protestors to gather and voice demands for global justice. So far, the ICTU is planning a march in Belfast on Saturday 15 June. A counter summit is being organised by G8 Alternatives on Sunday 16 June in Belfast. And a major protest is scheduled for Enniskillen on Monday 17 June.

There will also be public meetings around the country to help mobilise for the G8 protests. If you want to get involved contact 085 858 5292.

Download timetable for G-8 Counter Summit here

G8-Counter Summit Sunday 16th June

Ramada Encore Hotel, St Annes Sq Belfast

Timetable [ Tickets £5 ] Contact 075 9611 4612

10.00 – 11.00 Should G8 Run the World?

Eamonn Mc Cann (Journalist), John Holloway (Sociology lecturer author of Change the World Without Taking Power)

11.00 – 12.00 Putin, Pussy Riot and the Right to Protest

Laurie Penny (Blogger, New Statesman journalist)

12.30 – 2.00 Why Inequality Doesn’t Work

Richard Wilkinson (Author of The Spirit Level)

3.00 – 4.00 From Weapons of Mass Destruction to Drones.

The case against war

Simon Assaf (Socialist Worker journalist) others

4.30 – 6.00 Climate Change – How Can we Stop the World Burning?

Jonathan Neale (Author of Stop Global Warming, Change the World) others

6.30 – 7.30 Austerity in the Fight of our Lives

Richard Boyd Barrett TD, Conor Mc Cabe (Irish Left Review, author of Sins of the Father), speakers from Greece Spain

Article source: http://richardboydbarrett.ie/2013/06/11/protest-against-the-g8-sat-15-june-belfast-mon-17th-june-enniskillen/

Images from National Walk in the Woods 9th June

Administrator — Tue, 11 Jun 2013 17:41:42 +0000

Walks took place in over 20 locations on June 9th to Save Our Forests. Pictures include images from Dublin, Clare, Wicklow, Cavan, Galway, Louth walks and more.

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Article source: http://richardboydbarrett.ie/2013/06/11/images-from-national-walk-in-the-woods-9th-june/

Richard Boyd Barrett TD challenges Taoiseach on his defence of G8 Agenda

Administrator — Tue, 11 Jun 2013 17:13:48 +0000

Article source: http://richardboydbarrett.ie/2013/06/11/richard-boyd-barrett-td-challenges-taoiseach-on-his-defence-of-g8-agenda/

Varadkar’s Comments Vindicate Calls for Independent Inquiry into Penalty Point Cancellations

Administrator — Tue, 11 Jun 2013 12:56:03 +0000

Clare Daly TD has welcomed the Minister for Transport Leo Varadkar’s calls for a Garda Ombudsman investigation into the Penalty Points Controversy. Speaking on the matter Clare said, “The minister’s calls for an ombudsman investigation clearly vindicate the argument put forward by myself and others that there are still questions left unanswered regarding the Penalty Points issue and that Assistant Commissioner, John O’ Mahony’s investigation left much to be desired.”

Clare was speaking following the revelation that Minister Varadkar believes that some of the explanations for “penalty points terminations to the reasonable person seem a bit unusual”. The Minister then went further and said that he felt the RSA’s (Road Safety Authority) proposals for an investigation by the Garda Ombudsman was a “good suggestion”.

The Minister for Transport and the RSA’s position is in stark contrast to the Minister for Justice’s Alan Shatter’s assertion that the “very comprehensive investigation” conducted by the Assistant Commissioner would “reassure the public” and that any allegations concerning the Force would always be “fully and properly investigated”.

Minister Varadkar’s statement this morning served to undermine the Minister for Justice’s position and give even greater weight to Clare and her colleague’s argument for a wholly independent investigation into the penalty point’s affair. Clare noted this by saying, “Minister Shatter’s failure to convince even some of his own cabinet colleagues to completely accept the findings clearly suggests the inadequacies of these reports. My only wish is that Minister Varadkar had been quicker to air these views and put pressure on the Minister for Justice before the reports were commissioned, especially given that Minister Varadkar possessed much of the relevant information for some time.”

Given Minister Varadkar’s comments today it seems that the issue of penalty point terminations is not going away. Clare agreed with this sentiment, “As long as these reports leave so many questions unanswered and undermine the public’s perception of independence and impartiality in such investigations, my colleagues and I will be happy to re-echo calls for a completely independent inquiry into the Penalty Points issue and keep the issue on the table”.

Article source: http://www.claredaly.ie/varadkars-comments-vindicate-calls-for-independent-inquiry-into-penalty-point-cancellations/

Clonshaugh new location for Monster Sewage Plant

Administrator — Tue, 11 Jun 2013 10:53:03 +0000

Local activist from Lusk Waste Watchers

Fingal County Council’s plan to develop a monster sewage plant in North County Dublin was met with fierce resistance right across North Country Dublin over the last few years. Yesterday’s decision to locate the plant at Clonshaugh north of Coolock will be welcomed by communities of Lusk where the plant was originally to be located. However the new location will prove just as problematic.

The objections from the 10,000 signatories who signed a petition against the monster plant are still relevant. The communities were concerned with the massive disruption it would have caused to the villages in the north county as well as the environmental and health consequences of having waste from seven counties dumped on their doorstep. This will still be the case for the residents of Clonshaugh where over 2,500 family homes are located.

The proposed €1 billion plant is far too excessive, a series of smaller plants would be far less damaging to the environment and would be more economically viable and is considered best practice internationally.

No doubt the residents at Clonshaugh will be outraged and worried about this decision given the experiences of the community of Ringsend where a monster plant is located. Despite assurances given by the government and developers, the Ringsend plant was forced to operate above its design capacity and caused pollution problems for the local environment and Dublin Bay.

Better planning to ensure that adequate treatment plants are in place before the building of large housing estates takes place must be insisted upon in any future housing developments. Poor planning and regulation during the building boom, in a rush by developers to profiteer from poorly constructed housing ultimately created multiple problems for our communities. A series of smaller plants must be considered before spending of €1b on something that its far too big and could prove devastating to the entire east coast.

Article source: http://www.claredaly.ie/clonshaugh-new-location-for-monster-sewage-plant/

Over twenty “walks in the woods” nationwide this weekend against harvesting rights sale plan and to celebrate public forest ownership

Administrator — Fri, 07 Jun 2013 18:01:45 +0000

An official announcement is needed not media whispers to calm public concern

The Natural Resources Protection Alliance and the Woodland League today announced that more than twenty “Walks in the Woods” would take place across the country this weekend, Sunday June 9th, in a national day of action opposing the proposed sale of the harvesting rights to Ireland’s public forests and celebrating public forest ownership rights.

Walks will take place in Dublin, Cork, Kerry, Galway, Donegal, Cavan, Galway, Kilkenny, Leitrim, Clare, Wexford, Wicklow, Laois, Limerick, Longford, Roscommon, Westmeath, Wexford (see below full list of locations and contact details).

The call for a national day of action on June 9th in local woods was made at the hugely successful “Walk in the Woods” in Avondale Co. Wicklow in April attended by over 4000 people – also organised by the Natural Resources Protection Alliance and the Woodland League.

The organisers of this weekend’s events say that while the Avondale protest and wider public outrage has clearly shaken the government, the Minister’s responsible, Brendan Howlin and Simon Coveney, had still failed to make any official announcement that the government was now abandoning its previous commitment under the EU-IMF troika programme to sell-off Coillte’s harvesting rights.

The organisers noted that the new junior Minister for Agriculture, Tom Hayes, when asked directly yesterday on RTE about whether the sale plan would go-ahead, gave an entirely non-committal answer – stating only the final decision would be “in the best interests of the country.”

The organisers said their campaign would continue until they forced the government to make a definitive announcement that the privatisation plan was being shelved and called on the public to join the national day of action this Sunday.

Richard Boyd Barrett TD for People Before Profit and one of the organisers of the Natural Resources Protection Alliance said: “It is absolutely essential that we continue to mobilise to demand that our national forests, and the harvesting rights to those forests, remain one hundred per cent in public ownership.”

“Neither the public nor the media should be taken in by off-the-cuff comments by certain government TD’s. The recent comment by Pat Rabitte, in the direct aftermath of the hugely successful Avondale “walk in the woods,” that the sale was “unlikely,” shows the government are under pressure on the issue but that comment is totally at variance with official statements by the Minister’s that will actually make the decision. The line Ministers, Brendan Howlin and Simon Coveney, have said repeatedly in the Dail over recent weeks that the sale of Coillte’s harvesting rights is still being “considered”.

The new junior Minister for Agriculture the Minister, Tom Hayes, when asked directly on RTE yesterday, refused to rule out the sale but said only that the minister’s decision would be “in the best interests of the country” – which means absolutely nothing.

There is no doubt that public opposition and people power have rattled the government and forced them to think twice about privatising the harvesting rights to our forests. However, we absolutely need to keep up the pressure until the government state clearly that this treacherous plan to sell a priceless public asset and piece of our national heritage is being shelved permanently.

Andrew St Ledger, PRO of the Woodland League who have played a leading role since 2009 in the fight against forest privatisation says, “Celebrate and exercise your Public forest ownership rights at one of the many National Walk in the Woods events on Sunday the 9th June, this is your chance to join the more than 53,000 people who have signed the Woodland League Petition against the sale of our Public forests as well as reform of forestry policy. Let this government know that your grand-childrens inheritance is not for sale at any price, remind them that they said the Public forests were safe in their pre – election promises “.

Andrew Doyle Fine Gael TD, after they were elected, emailed the following statement to the Woodland League, regards our on-going campaign, on the 18th January, “Our vital natural resources are not up for sale. National resources like forestry, agriculture and marine resources are held in trust for all the people of Ireland. Ministers are stewards of these resources and must return them to the people with benefits after their term in office that includes the forests of Ireland”.

Andrew St Ledger went on to say,” let the people have their forests Now and furthermore train communities to access their Public resource as part of a new forestry model, so it can be utilised as a bulwark against the extreme hardship and stresses caused by the austerity measures imposed on the weakest section of our society, this is the message coming from the awakening Public as they realise they actually own this asset. By walking in their forests they are reclaiming them from speculators and inept state stewardship”.

A full list of walks can be found here:

https://maps.google.ie/maps/ms?msid=214045336724331887141.0004dd6217afc0cb8cfa1msa=0

Read Leaflet here:

Leaflet Front June 9 Walks
Leaflet Back June 9 Walks

Article source: http://richardboydbarrett.ie/2013/06/07/over-twenty-walks-in-the-woods-nationwide-this-weekend-against-harvesting-rights-sale-plan-and-to-celebrate-public-forest-ownership/

Walmart Shoppers: Low Prices Mean Higher Taxes For You

Administrator — Fri, 07 Jun 2013 13:58:46 +0000

by Jamison Maeda

Walmart, the world’s third highest revenue grossing corporation, is well known for both its low prices and Dickens-Era low wages. Though Walmart earns over $15 billion USD per year in pure profit, 80% of its workforce relies on food stamps and other social welfare programs. In many US states, Walmart employees are the top recipients of government funded medical care. It is estimated that the employees of just one Walmart Super Store could be consuming over $900,000 USD in government aid per year.

However, though the American taxpayer has to subsidize the salaries of low income Walmart employees, Walmart executives do quite well. CEO, Mike Duke makes more money in an hour than many of his employees make in a year. In 2011 he received a compensation package of more than $18 million USD and nearly $21 million in 2012.

Besides its cost saving strategy of paying infamously low wages, Walmart also saves money by not properly disposing of poisonous chemicals. In May of this year, Walmart pled guilty to improperly handling, transporting and disposing of hazardous materials in California.

Ignacia S. Moreno, the assistant attorney general for the Justice Department’s Environment and Natural Resources Division stated that “Wal-Mart put the public and the environment at risk and gained an unfair economic advantage over other companies,” who spend money on the safe handling and disposing of dangerous chemicals. Walmart agreed to pay $81.6 million USD in fines but this is a small penalty considering last year Wal-Mart earned $128 billion USD in revenue.

If Walmart is truly a burden on taxpayer funded social programs and is a risk to human health and the environment, who is still shopping there?

The “Walmart Mom” demographic emerged in the media during the last American presidential election. The Walmart Mom is claimed to account for about 15% of the American electorate and is defined as a mother of at least one child under the age of 18, who shops at Walmart at least once a month. She is usually living paycheck to paycheck and is overwhelmingly more concerned with putting food on the table than social or environmental issues. She may not be considering the long term effects of supporting Walmart because she is focused on lower prices and the convenience of being able to buy groceries, clothing, and snow tires all in one store.

Article source: http://www.claredaly.ie/walmart-shoppers-low-prices-mean-higher-taxes-for-you/

Shannonwatch Vigil against US Military using Shannon

Administrator — Wed, 05 Jun 2013 10:41:19 +0000

As part of their ongoing response to the continuing use of Shannon Airport by the US military, Shannonwatch are holding a vigil outside the airport from 2pm to 3pm on Sunday June 9th. The vigil will be attended by a number of TDs including independent Clare Daly, who will call for government action in line with their stated commitment to international law and Irish neutrality.

“The programme agreed by the present government says that they will enforce a prohibition on the use of Irish airspace, airports and related facilities for purposes not in line with the dictates of international law.” said Clare Daly TD this week. “Yet the routine movement of military planes through Shannon without any obvious oversight or inspection shows that they have little intention of doing so. We would have expected more from Labour, many of whose ministers were quite vocally opposed to the military and CIA use of Shannon in the past. But they and the rest of the government are continuing to bend the knee to the US, despite damning reports about Shannon’s involvement in renditions, the continuance of Guantanamo as a detention centre, and Obama’s drone policy.”

“Over 540 US military aircraft landed at Shannon in 2012” said John Lannon of Shannonwatch, “and yet the Minister for Foreign Affairs claims that they were not carrying arms and that they were not involved in military exercises or operations. What exactly were all the uniformed US soldiers seen from Hercules C-130’s doing if they were not involved in military operations? And how can the Minister be so sure there was never as much as a single gun on any of the US Air Force planes if they haven’t been inspected?”

“This week the Irish government signed up to the new global Arms Trade Treaty. But their failure to inspect what is passing through our own territory – and airspace – on its way to war zones means that they are supporting the global arms industry every day” said John Lannon.

“Despite repeatedly making requests to have aircraft searched, including suspect rendition planes, we have never once been assured that this was done. Bradley Manning who provided evidence to Wikileaks showing war crimes being committed by US soldiers is possibly facing life in prison in the US. It’s part of a cover-up, and a warning to other potential whistleblowers, and our government are going along with it by turning a blind eye to who and what passes through Shannon”.

The June 9th vigil is part of the ongoing protests against the US military use of Shannon Airport. Similar vigils take place on the second Sunday of every month.

Article source: http://www.claredaly.ie/shannonwatch-vigil-against-us-military-using-shannon/

Response to Assistant Commissioner’s Internal Review and Garda Professional Standards Unit Reports

Administrator — Wed, 05 Jun 2013 10:26:41 +0000

Response to Assistant Commissioner’s Internal Review (“the Internal Review”) and Garda Professional Standards Unit report (“GPSU Report”) regarding the Penalty Points Controversy Garda Malpractice

Mick Wallace TD, Luke Ming Flanagan TD, Clare Daly TD, Joan Collins TD

_________________________________________________________________________

*FCN = Fixed Charge Notice

1. Preliminary Point re Failure of Investigation to Reach Standard of Natural and Constitutional Justice letter of 22^ndApril 2013

We would like to first outline our difficulties with regard to the structure and approach of this investigation which seriously damages the credibility of these two reports and their conclusions. We alerted the Cabinet to our concerns in a letter to them dated 22^ndApril, to which we have yet to receive any response. Briefly, this investigation failed to adhere to the two basic standards of natural and constitutional justice;

It offends the first constitutional principle – “the Rule Against bias” by having Senior Gardaí investigate the practices of other Senior Gardaí.
It offends the second constitutional principle “Hear the Other Side” by having conducted a six month review without ever coming near the whistleblowers to interview them or giving them the opportunity to put forward their case.

Indeed the Internal Review was immediately discredited by the statement of the Garda Commissioner way back on the 7^thDecember which clearly demonstrated that he had already at this stage pre-judged the outcome of the internal review. It is with this serious qualification in mind that we offer some initial comments, which we will later expand upon in more detailed submissions to the Justice Committee.

2. Response to Reports I – Policy

At the outset, we wish to set out again our position on discretion which has always been that discretion is necessary and desirable in certain circumstances. Minister Shatter has repeatedly attempted to skew the terms of this debate by misrepresenting our position as being in favour of the abolishment of general Garda discretion and often citing his preferred example of the sick child being brought to hospital. In order for a system of justice to exist, individual discretion must always be balanced by consistency and uniformity in order to ensure fairness when the law is applied.

We believe the exercise of discretion in relation to FCN cancellations must be;

A. Lawful, and

B. In order to avoid abuse, cronyism and clientelism, the exercise of discretion by any civil servant must, in terms of policy, be subject to the following;

1. Transparent systems, in the form of a formal and recorded system of application for FCN cancellations with a clearly set-out process that is accessible to all and not just those who can name a Senior Garda among their circle of friends.

2. A publicised list of acceptable reasons for discretionary FCN terminations which is widely known among both the public and among Senior Gardaí

3. Fair, consistent and evidenced-based decision-making

4. Availability of a system of appeal

5. Accountability in the form of monitoring and oversight systems which require a visible paper trail, a regular system of auditing and supervision, and solid, integrated and searchable computer systems.

Both the Internal Review and the GPSU Report have conceded and are in agreement that none of the above systems are in place;

In addition to the examples set out in Sections 5, 6 and 7 of this document to support this statement, the following findings are relevant;

1. The Internal Review found 2 major findings of non-compliance relating to the keeping of files/records and the cancellation of points in another district. This was despite the requirement set out in the HQ directive 48/2006 that any FCN terminations were to be carried out in strict compliance with policy.

2. The GPSU report also admits that no auditing has ever taken place (in direct contravention with 2005 Cancellation Policy) and there is no system for auditing in place – i.e. no designated body, no clear system, and no requirement as to frequency.

3. The GPSU report confirms that the PULSE system was changed to insert new reasons but no HQ directive was ever issued to explain and give examples of when one should use these reasons and in particular the “Discretionary Other Option.”

4. No figures are provided in the Internal Review or the GPSU report in relation to the fundamental flaw identified by GPSU whereby the ‘mandatory comment box’ can be circumvented by inserting blank spaces instead of termination reasons into this box. It appears from the GPSU report that requirement to insert identification details as to both the Garda/Station Number and the specific offence in this comment box can also be by-passed, removing any possible traceability or record from the system and exposing the system to abuse.

5. The GPSU report reveals that the two computer systems which are used by the Gardaí – Fixed Charge Processing System and PULSE system are at odds with each other as they contain two different lists of acceptable reasons for cancellation. In addition these two lists are different from the Garda Cancellation Policy which is set out in the Fixed Charge Manual, 3^rd Edition 2005 (p. 77 of Report) and does not provide for any “catch-all” category such as “humanitarian reasons” nor indeed does it provide for “bereavement.”

6. GPSU admit the incompleteness of their own report and recommend at page 50 that a report be produced to provide information on the terminated offences that have no information placed in the Comment Box. Will the Minister commit to this report given that it has been recommended by GPSU?

7. GPSU recommend at page 51 that ‘permission to terminate’ be removed entirely from all operators of PULSE system and the technical ability to perform the terminations could be centralised to one location with only those at the central location (FCPO) having access to terminate.

8.    The GPSU report admits that there is no system of appeals when an FCN is issued in Ireland. This is in stark contrast to the existence of; the Parking and Traffic Adjudicators Tribunal and the Traffic Penalty Tribunal in England and Wales, and the Northern Ireland Traffic Penalty Tribunal. These three examples are statutory bodies independent from the body who issued the relevant Penalty Charge Notice which is being appealed and they make decisions based on evidence in a transparent manner, usually in an open forum.

9.    The GPSU report also admits that it is only since July 2010 that access to terminate notices has been restricted to Inspector rank or higher and prior to this, the GPSU refers to an ‘anomaly’ that existed whereby any Garda Member who accessed the system under their own registered number could effectively cancel an FCN by using the registered number of a Cancelling Authority. This is more than an ‘anomaly’ and was in direct contravention of the terms of HQ directive 48/2006 which expressly set out that only Superintendents/Inspectors acting on their behalf will record cancelled fixed charge offences. Therefore, it appears there was a practice where Garda Members were using the registered number of a Cancelling Authority without their knowledge. Neither report gives any indication as to how widespread or problematic this abuse of the system was, and we have no indication as to whether any investigation or disciplinary proceedings ever took place in this regard. However we can only assume that this practice was widespread in order to warrant the suspension of the whole service on a nationwide basis for a year.

10. In order to conduct this examination, it is significant that the GPSU admit (p. 4 and p. 37) they first had to examine in excess of 24 relevant documents in order to establish what the current Garda policy actually is in relation to the cancellation of fixed charge processing system notices; 10 relevant HQ instructions, 3 versions of the Fixed Charge Manual, 7 relevant bulletins (both PULSE and Fixed Charge Processing System).

11. Indeed the GPSU examination reveals that the latest edition of the Fixed Charge Manual (2005 version) contained out-of-date transitional instructions which were only removed in February of this year as a result of this investigation but have actually been out of date since 2006. No copy of these transitional instructions was contained in the appendix so we do not know what they contained.

12. It is clearly unsatisfactory that An Garda Síochana’s own Professional Standards Unit had to go to such lengths to first establish what their policy is. This confusion and bewilderment of the GPSU surrounding what their own policy actually is, means that it would be impossible to expect that a fair, uniform and consistent application of this policy by Garda Superintendents is currently taking place. Indeed the GPSU’s own conclusions confirm this position by recommending that “relevant documents need to be amalgamated and the overall policy document updated to incorporate PULSE and legislative changes and HQ directive instructions.”

3. Response to Reports II – Legality

1. The Minister has shown a lack of concern at the probable unlawfulness of Garda discretion in terms of Fixed Charge Notice Cancellations – he refused to seek an Opinion of an independent Senior Counsel or even the AG’s office on the legality of any Garda discretion in the area of FCN cancellations, the current Cancellation Policy as set out in the Fixed Charge Manual 2005, 3^rd Edition, and also on the legality of the practice of An Garda Síochana in implementing it.

2.         This is despite the protestations of Robert Pierse, the country’s foremost authority on Road Traffic Law and Professor Dermot Walsh, author of ‘The Irish Police; A Legal and Constitutional Perspective’ that Garda discretion in relation to FCN cancellation is unlawful.

3.         Both reports instead choose to rely on a Junior Counsel’s qualified and flawed opinion from 2006 – an Opinion which in any event was based on an older 2004 version of the Garda Cancellation Policy.

4.         The Opinion gives qualified approval to the 2004 version of the Cancellation Policy with the following conditions attached; guidelines to be issued regarding when discretion should be issued, guidelines to be drawn up with DPP’s office, a review to be carried out when a District Officer is petitioned to cancel an FCN, decision of District Officer to be based on evidence, basis or rationale on which discretion given is to be recorded formally, presumably to allow for an audit. Both Garda reports have confirmed that these procedures were never followed in some cases and are not being in others.

5.         The Minister for Justice does not seem interested in even investigating the legality of Garda discretion in relation to Fixed Charge Notices, much less in remedying any possible legislative gap.

6.         In this regard and in quite a cynical and underhand manner, the Minister and the two reports he commissioned have failed to mention a very important piece of legislation when discussing the legality of Garda discretion in relation to penalty points. Section 35 of the Road Traffic Act 2010 is on the statute books but the Minister has not yet commenced it so it is not in operation. Section 35 of the Road Traffic Act 2010 would replace Section 103 of the 1961 Act which sets out that “A fixed Charge Notice SHALL issue.” As “shall” in legislation always means that there is no discretion, the legislation is mandatory. However, the Opinion prefers to emphasise the following phrases – a notice contains terms in respect of a person “liable to be prosecuted” and also Section 103(18) which sets out time periods in which a prosecution “may be brought”. The only reason that there is conditionality in these phrases is to allow for the possibility that the fine may be paid, and so no summons would ever issue.

7.         The new Section 35 changes the terms of the legislation to MAY which indicates discretion. This indicates an awareness on the part of the State that as it currently stands, Garda discretion is unlawful and Section 35 is an attempt to fix that. However reference to the section is deliberately and disingenuously left out by the Minister in his statements to the House on penalty points when responding to a parliamentary question about the legal basis for Garda discretion in relation to Fixed Charge Notice cancellations.

8.         HQ directive 48/2006 requires strict compliance with the Cancellation policy set out in the 2005 edition of the Fixed Charge Manual – this Manual does not include humanitarian grounds – thus all cancellations on that grounds since 2005 are outside the terms of the policy which HQ directive 48/2006 requires to be strictly complied with.

9.         In the last week or so, a new argument has emerged from Government lines to the effect that FCN discretion cannot be illegal as the alternative would mean to open the floodgates and to clog up the Courts. To say that discretion is currently illegal when exercised to cancel FCNs is not the same thing as saying that discretion is illegal in all other aspects of criminal law where there is discretion to prosecute. The relevant legislation is Section 103 of the Road Traffic Act 1961 and is specific to the issuing of FCNs and only applies to the 28/56 days during which a fine may be paid and no prosecution can then take place. It is only after the 56 days that a summons issues and the matter then becomes prosecutorial and the DPP’s guidelines apply. All of the FCN cancellations discussed in both the Internal Review and the GPSU report (and all of policy documents and HQ directives referred to) relate only to the 56 day time period before a summons issues. The Junior Counsel’s own opinion admits this, and sets out that the “purpose of this legislation is to create a system of Fixed Penalties whereby a person can avoid the initiation of a prosecution”.

10.       The advice from the AG’s office was outsourced to a Junior Counsel in 2006 who gave a very qualified approval to an earlier 2004 version of the Garda FCN Cancellation Policy (see p. 58 GPSU plus appendix D as set out in the Fixed Charge Manual) – this advice placed great emphasis on the inclusion of the “catch all humanitarian clause” in the 2004 Cancellation Policy as this was what entitled the Gardaí to a wide discretion. However the GPSU report admits that this policy grounds was removed and that the current 2005 Cancellation Policy does not contain any reference to “humanitarian reasons.” Neither the AG’s office nor any Junior Counsel has examined or approved the current policy and it is another significant flaw that neither the GPSU report nor the Internal Review sought a Senior Counsel’s opinion or the AG’s opinion on the current policy during the course of this 6 month process.

11.       In light of the absence of any legal basis and the fact that the A G s 2006 advice on an older 2004 version of the Cancellation Policy was not followed, the mess the Gardaí Headquarters admit their own policy is in, the 2 inconsistent computer systems used by the Gardaí which contain different lists of the acceptable reasons for FCN cancellation and which do not share information, it is clear that whole policy, process and practice of An Garda Síochana in the area of FCN cancellations is by their own admission and according to their own Internal Review and GPSU report non-compliant, dysfunctional and flawed at every possible level.

4. Treatment of Whistleblowers Time Line

It is our opinion that the Minister and the Garda Commissioner both failed in their legislative and moral duty to protect the whistleblower Gardaí who have since been subjected to prolonged intimidation by Senior Members of An Garda Síochana. As Transparency International has pointed out, they should not have had to bring this issue to anyone other than the Garda Confidential Recipient, and this should be examined by the Garda Inspectorate. Indeed the Minister should be mindful of the provisions of the Prevention of Corruption (Amendment) Act 2010 which prohibits penalisation of Whistleblowers, particularly in light of his derisory comments on the release of this report.

In relation to Chapter 9 – Fatal Accidents, the Whistleblowers would wholly dispute the conclusions of the Garda Internal Review in this regard which were arrived at without their input and without hearing their details.

There are serious discrepancies between the timeline of events provided by the Minister and the Garda Commissioner, and the copies of correspondence provided to us by the whistleblowers from both the Confidential Recipient and the Office of the Taoiseach. According to the Minister, the whistleblower allegations were received by his Department in September 2012. He first had sight of them in early October and they were sent on to the Commissioner on October 19th 2012. Commissioner Callinan then appointed John O’Mahoney to investigate the matter on October 31st 2012. However, the whistleblowers have provided us with copies of correspondence they received from both the Confidential Recipient and the Office of the Taoiseach much earlier than September. For example, we have seen correspondence from the Taoiseach’s office to one of the whistleblowers, dated July 25th 2012, stating that the Taoiseach had forwarded the contents of the whistleblower’s email to the Minister for Justice “for his attention and consideration”.

5. Analysis of Inconsistencies re Internal Review GPSU Report

5.1 Internal Review

Initial observations regarding inconsistencies and issues in relation to the Internal Review are as follows;

The Internal Review lists as one of its two main issues of concern that there are many cases where no written record or file exists, but somehow concludes nonetheless at 10.1 that these terminations were conducted in good faith.

Despite the admission that there is an unequivocal policy requirement for written petitions to cancel FCNs, and decisions must be based on evidence, at page 46 the termination of three FCNs for a District Court Judge is excused and justified by way of “verbal petition.”

Furthermore at page 44 of the Internal Review in relation to Family Members/Friends of Gardaí, it is admitted that it is difficult to categorically identify whether a petitioner is in any way connected to either the Terminating Officer or another Garda yet the conclusion is reached that – on the face of it – “allegations of widespread terminating for family and friends are incorrect.”

Having identified major failings in the absence of written records and files and retention of audit material, we are expected to accept that satisfactory investigations have been concluded regarding the relevant cancellations. For example at page 23, it is stated that although 60 FCN terminations were uncovered where no audit file was available, each one “can be accounted for.” Needless to say, no further detail nor any evidence or supporting documentation is produced in the appendices to support any of their conclusions or justifications, and again the whistleblowers were not interviewed in relation to any of these investigations.

Great emphasis is placed at page 44 on the fact that the Pulse system is incorruptible in that Pulse records can never be erased or destroyed – however it is admitted at page 24 and page 28 the investigations of the Internal Review are based on a manual audit of files only – it must be said that a manual audit is not as reliable as a computer audit as files can be falsified or created at a subsequent date. The Internal Review also admits that an Internal audit of the FCPS system and of the Pulse system (p. 20) would have been impossible as before 28^th March 2012, no reasons were recorded in sufficient detail on either system to allow an audit to be conducted.

72 terminations of the 672 randomly-selected FCN terminations were made by members terminating FCNs outside their District which is in direct contravention of the Cancellation Policy yet the conclusion of the internal review was that these were not considered to amount to breaches of discipline.

Despite their refusal to interview the whistleblowers in relation to the detail of the allegations in their dossier, the Assistant Commissioner, the Minister and the Garda Commissioner have been scathing in their references to what they see as the whistleblowers’ exaggerated and groundless claims. They expect us in turn to accept their dismissal of those same allegations without providing us with any evidence or supporting documentation. Indeed none of the Appendices are provided with the Internal Review and the excuse of Data Protection legislation would only justify the exclusion (or redaction) of 3 (F-H) of the 8 documents (A-J). Similarly in the GPSU report, none of the HQ directives, Pulse releases or Pulse Bulletins, nor the foreword re ‘transitional procedures’ (obsolete since 2006 but only removed 3 months ago in Feb 2013) are provided in the Appendix despite significant reliance on their contents in the body of the report.

Although it was clear from the outset that the focus of the Internal Review was limited to a narrow disproving and minimising of the specific allegations set out in the dossier, the wider scope of the GPSU report has revealed even graver issues.

5.2       GPSU Report

According to the GPSU report, the current Cancellation Policy is set out in the Full User Manual, 2005 (page 75 -78 of GPSU). This policy requires a review and examination of each individual application and evidence to be presented before a decision will be made to cancel an FCN. The policy sets out that application for cancellation will be made in writing to a Cancelling Authority (CA) and the CA will retain on file for auditing purposes the specific reason for the cancellation. The Policy sets out Section A Statutory exemptions (no discretion here – required exemptions under the legislation) and then Section B Garda Síochana exemptions (discretion here) – Doctors re parking in urgent cases, the vehicle is stolen, person is resident outside jurisdiction, diplomatic immunity, FCNs re tax may be cancelled if application had been made for tax disc or it was lost, stolen or accidentally removed and in this case documentary evidence must be produced. The last exemption is for hire drive agreement. However these reasons are not reflected in the list of reasons on the FCPS or the Pulse System, and the lists of reasons on the FCPS and the Pulse System are also different from each other.

2.    From 2006 until March 28^th 2012, cancellation reasons on the Fixed Charge Processing System were limited to 7 (scanning, vehicle defect, system error, juvenile diversion programme, stolen vehicle, diplomatic corps, cancelled). Since March 28^th 2012 and likely as a direct result of this investigation, this list was expanded to include data entry, detection details, disabled parking pass, discretionary under three headings – family bereavement, medical emergency and other, duplicate notice, image unsuitable, legislative defect, seat belt detection – medical evidence. Some of these are available to cancel on both the Pulse system and the FCPS, and some of these are available to cancel on the FCPS only. It seems that the FCPS is only available to the Fixed Charge Processing Office in Thurles. There is no basis in the Cancellation policy for the addition of, for example family bereavement.

3.    Pulse has a portal into the FCPS so some of the information on the FCPS can be viewed through Pulse but not all of it. It seems that all Gardaí can view Pulse (but not the more detailed information on the FCPS such as correspondence) even though only District Officers (Superintendents and Inspectors Acting as District Officers) are permitted to terminate an FCN. In addition the information on the ‘mandatory’ comment box on Pulse does not transfer to and is not shared with the FCPS.

6. Examples of systems failures in the FCPS and Pulse computer systems that were identified by GPSU in their report.

The fact that all Inspectors automatically have access to the FCPS to carry out FCN terminations even though only Inspectors acting as District Officers are permitted to cancel FCNs under the Cancellation Policy

Up to December 2012, management reports generated by the FCPS system in relation to Terminated Offences were incomplete and stopped at page 16.

In any event, these incomplete management reports are only available to District Officers and not accessible at all by their Superiors – the 25 Divisional Officers so there is no facility for oversight by Divisional Officers

The mandatory comment box on the Pulse system can be bypassed and no information need be inserted in relation to the identity of relevant Garda Station/Termination reason/Incident.

There is no mandatory comment box on the Fixed Charge Processing System at all so the rationale for a decision or its evidential basis cannot be recorded – a box is ticked in the list of technical reasons but the system does not require any extra details.

No HQ directive has been issued with instructions and guidelines regarding 3 recent changes to the Pulse system

The Pulse system and the FCPS system have two different lists of acceptable reasons for FCN terminations, neither of which reflect the Cancellation Policy.

The Pulse system and the FCPS system do not reflect each other or share information for example the information in the mandatory comment box in PULSE does not transfer for the FCPS

There is no audit feature on the FCPS comment box so the GPSU admit that no statistics are available on compliance with this requirement

10. In addition to this, the requirement in the Cancellation Policy to keep manual files locally in a District Office recording correspondence and reasons for terminations was not followed.

Thus, even if any attempt at an audit had ever been made, it would have been impossible because of incomplete information, absence of a paper trail, non-integrated systems and other systems failures evident above.

7. GPSU Conclusions and Recommendations

The GPSU conclusions and recommendations are fundamentally at odds with the impression the Minister is trying to impart which is that nothing of significance arises and, according to Minister Varadkar, that the integrity of the FCN system is proved intact by these reports. The GPSU has recommended radical changes to the entire system of FCN cancellations, for example:

That an entirely new and consolidated Fixed Charge Manual should be developed and communicated to An Garda Síochana (to include all relevant HQ directives, and PULSE releases, and legislative changes). Unusually, the GPSU have set a time limit of 3 months on the production and communication of this report to the organisation – “3 month following acceptance of this report”.

That ‘Humanitarian Grounds’ be included as a ‘Termination Reason’ within PULSE and be reintroduced to the current version of the Cancellation Policy. ‘Humanitarian Grounds’ as a ‘Termination Reason’ is not contained in the current Fixed Charge Manual, 2005 edition (although it had been in the 2004 edition). Thus, the current practice of discretion on ‘humanitarian grounds’ has no basis in either official Garda policy or law, and this is an implicit acknowledgment by the GPSU of this fact. This is because the current official Garda Policy sets out that “the notice can only be cancelled for the reasons outlined herein” and humanitarian grounds is not one of them, therefore the FCN cancellations that have taken place on these grounds are unlawful on several levels.

Guidelines would need to be introduced if contemplating the reintroduction of ‘Humanitarian Grounds’ to Official Garda Policy to ensure consistency and uniformity among Senior Gardaí around the type of circumstances that would qualify as ‘Humanitarian Grounds’.

That District Officers be stripped of the ability to cancel FCNs on the PULSE system and that only a central authority (the Fixed Charge Processing Office in Thurles) should retain the capacity to cancel FCNs on the PULSE system. This is a fundamental change to the current system, which we contend would not be recommended unless there was serious dysfunction evident from the GPSU’s investigations.

That the definition of Cancelling Authority be severely restricted so that only Superintendents or Inspectors who are acting as District Officers (there are approximately 100 District Officers) can make decisions as to whether to terminate FCNs (i.e. not all Superintendents and Inspectors as is currently possible on the PULSE system).

Where there is a conflict of interest, the District Officer should be required to absent themselves from consideration on whether to terminate FCNs.

That District Officers should be limited to only cancelling FCNs for offences within their own geographical District (and should not have the capacity to cancel FCNs issued in another District by one of the Gardaí attached to their own District) – this is already provided for in HQ directive 45/2009, so it is a tacit acknowledgment of non-compliance.

All cancellation requests to each District Officer should be in written form. A file should be kept by the District Officer locally (or in the Fixed Charge Processing Office in Thurles), recording the cancellation request, supporting documentation, the decision made by a District Officer and the rationale for that decision. Again, this recommendation is odd as all of this is already required under the Cancellation Policy, as set out in most recent Fixed Charge Manual 3^rd Edition 2005. We can only infer that this recommendation clearly means that current practice is not in line with the Cancellation Policy. In several instances in these recommendations, the GPSU is disguising what are actually findings of non-compliance with their own Cancellation Policy and directives as recommendations for changes in future policy.

An audit process should be developed to ensure correct monitoring and compliance with Garda policy – the GPSU expressly admit that there are currently no auditing or monitoring systems in place. This recommendation is also odd as the Cancellation policy already requires an audit process. However, there is an explicit admission by the GPSU that no audit has ever taken place since the requirement was set out in the Cancellation Policy (2005, 3^rd Edition).

The GPSU suggest that an independent body should be responsible for these audits, for example the Garda Internal Audit Section (this is in contrast with the Internal Review suggestion that an annual audit be commenced but undertaken internally by the Assistant Commissioner). Clearly, an independent body such as the GSOC would allow for more accountability.

Divisional Officers should be able to see FCN termination figures in their monthly reports from their District Officers, and Divisional Officers should include FCN termination figures as part of their Divisional Audits. This would allow for improved monitoring and oversight. This also implies that there is currently very little supervision or oversight.

Currently, the monthly reports in relation to Terminated Offences that are made available to District Officers are destroyed automatically on the system after 3 months – the GPSU recommends that they be made available at least for a longer period or on a self-serve basis, so that an auditor can run a report on the date range that is required. This, again, would allow for improved monitoring, supervision and oversight.

13.That the previous history of an offender and previous reasons given for FCN cancellations is made available on the system.

8. Conclusion –

In an effort to improve the optics in light of these dismal findings and to deflect attention from grave issues of Garda malpractice, a number of disingenuous and diversionary tactics have been resorted to:

1.   The Minister’s carefully-worded reaction has been that he is relieved that no evidence has been found to suggest any criminality or corruption in the cancellation of Fixed Charge Notices. In fact, no criminality was ever alleged, nor was it ever alleged that that any Garda was accepting payment or bribery in return for the cancellation.

2.   The Internal Review found that 859 of the sample 2198 terminations covered by the dossier (40%) were improper or are subject to on-going disciplinary investigation. However the Internal Review executive summary subtracts the 661 breaches that are the subject of disciplinary proceedings from the total figure of 2198 before calculating their statistics, i.e. beginning with a figure of 1537 [2198 minus 661] which allows for an impressive figure of 87% correctly terminated FCNs to be reached. This is akin to saying that the crime figures for this year are reduced – but we removed the figures for murder before we began our calculations.

3.   Notwithstanding this political spin, it cannot be denied that these findings of systemic failure and dysfunction on every possible level have grave implications for the integrity, effectiveness, and fairness of the entire penalty points system, the effectiveness and enforcement of Road Traffic Legislation, and in a broader sense, the consistency and uniformity of the application of the rule of law in the State.

4.   It should also be ©noted that the Minister has yet to publicly and clearly commit to the 12 fundamental changes relating to Garda Cancellation Policy and Practice recommended in the GPSU report – the Minister instead chose to select his own 7 principles from the GPSU report and the Internal Review and has committed in his statement on the Department of Justice website only to his own 7 principles.

5.   This finding of almost 1 in 2 inappropriate FCN terminations of those contained in the Whistleblowers’ dossier is at odds with the Minister’s unfair portrayal of the whistleblowers, and indeed ourselves, as exaggerators and cranks. The reports from internal Garda sources that figures for discretionary FCN cancellations have plummeted over the last six months, further contradicts the scenario that the Internal Review and the Minister are trying to convey; that this whole issue is due to a few bad apples who are now being dealt with – internally, of course, in Garda Disciplinary proceedings.

6.   The gravity and frequency of the issues of Garda malpractice and systemic failure identified even by these flawed and biased investigations, places the onus firmly on the Minister to conduct a wholesale review of national patterns, and a breakdown of reasons (or indeed the absence of reasons) for FCN cancellations. We ask the question if this limited and constitutionally unsound investigation has made such wide and far-reaching recommendations to both the policy and processes of FCN cancellations, what would the result of an impartial Special Independent Inquiry be?

7.   The findings demand further thorough and independent investigation by way of Special Inquiry under Section 42 of the Garda Síochana Act 2005, as amended. This is the only way to restore public trust and confidence in An Garda Síochana, and we intend to continue our campaign until a Special Inquiry is appointed.

8.   Finally, we confirm that we will be making detailed submissions to the Justice Committee and requesting that they seek the opinion of Senior Counsel. We intend to introduce a Private Members Bill to the Dail in July relating to the structure of policing in Ireland, and addressing weaknesses we see in the powers and independence of the Garda Síochana Ombudsman Commission, and to address what Professor Dermot Walsh has referred to as the “unhealthy and incestuous relationship” that exists between the Irish government and the management of An Garda Síochana.

Article source: http://www.claredaly.ie/response-to-assistant-commissioners-internal-review-and-garda-professional-standards-unit-reports/

El Salvador Court Ruling places life of young mother in danger.

Administrator — Fri, 31 May 2013 06:05:57 +0000

by Jamison Maeda

Those of us following the situation of 22 year old Beatriz in El Salvador received disappointing news today as the Salvadorian Supreme Court rejected her appeal for an abortion which her doctors have repeatedly stated is needed to save her life. Beatriz suffers from Lupus as well as kidney issues, which have created life-threatening, pregnancy complications.

The foetus is considered nonviable due to a condition called anencephaly, which means it is missing part of its brain and skull. Most babies with anencephaly do not survive a full term birth and those that do are expected to die within hours afterward.

Urgent pleas to save the life of Beatriz made by the UN High Commissioner for Human Rights, the Regional Human Rights Court for the Americas, and organizations such as Amnesty International and Care2 have not persuaded the Salvadorian government which is more influenced by anti-choice groups as well as the Church.

In addition to the fight for her own life, Beatriz is gravely concerned with the fate of her 1 year-old child who risks becoming an orphan if she does not survive this pregnancy.

Human rights protesters rallied today outside of the Supreme Court, one woman bearing the slogan “Saquen sus rosarios de nuestros ovarios” which translates to “Take your rosaries out of our ovaries.”

Article source: http://www.claredaly.ie/el-salvador-court-ruling-places-life-of-young-mother-in-danger/

Government ramming through ‘Financial Emergency Measures in the BANKERS Interest Bill 2013′

Administrator — Wed, 29 May 2013 18:12:24 +0000

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Article source: http://richardboydbarrett.ie/2013/05/29/government-ramming-through-financial-emergency-measures-in-the-bankers-interest-bill-2013/

Is Ireland a Tax Haven for Corporations?

Administrator — Wed, 29 May 2013 14:11:33 +0000

There has been a clear contradiction in the last week between international sources and the Irish government in relation to Ireland’s tax status. On the one hand we have the Taoiseach purporting that Ireland does not “do special tax-rate deals with companies”. Tanaiste, Eamon Gilmore, has been adamant that Ireland’s corporate tax structure remains transparent. He has also toed the Taoiseach’s line that Ireland does not negotiate favourable or particular rates with any corporation.

In contrast both sides of the Atlantic have taken issue with Ireland’s tax structures. Congressional hearings in the United States, investigating Apple’s offshore taxation policies, found that Apple had negotiated favourable tax conditions when setting up in Ireland in the early 80’s. More startling perhaps was the revelation that Apple had paid 2% on €74 Billion worth of revenue in the last three years. Clearly such figures would suggest discrepancy in the Government’s adamant assertion that Ireland’s corporate tax structures do not constitute ‘Tax Haven’ status.

Foreign sales, accounting for 60% of Apple’s profits, are routed through Irish subsidiaries and taxed nowhere. Apple’s Irish holding company which has no employees at the top of its foreign operations also serves as a group finance company. Apple Inc., the U.S. parent of the whole group, pays U.S. tax on the investment earnings of this company. In other words the holding company pays no tax to any government, and has not paid tax for five years.

Other multinational’s such as Google appear to have also taken advantage of the favourable Irish situation. This has been done through the setting up of multiple subsidiaries in Ireland, while still managing these subsidiaries from abroad. Such a situation blurs the legal clarity as to where these subsidiaries are registered and eligible for tax purposes. The outcome of which is that we now have U.S politician such as Democratic Senator Carl Levin saying that companies should not be able to “shift its value to a tax haven which is what Ireland is”.

In the United Kingdom there has been criticism of Google’s method of channeling profits and sales once more through Irish subsidiaries. This practice allows the company to avail of Ireland’s tax regime.

The injustice of all of this is highlighted by recently published research by All Ireland Research Observatory (AIBO), which has noted the stark contrast of tax burden in Ireland. The change in the relative proportion of different tax receipts between 2006 and 2012 shows that income tax has grown from 27.2% of all tax receipts in 2006 to 41.4% in 2012, VAT has dropped from 29.5% to 27.8%, excise duty remains relatively unchanged at 12.3% to 12.8%, while corporation tax has fallen to 11.5% from 14.7%, and capital gains tax has fallen to 1.1% from 6.8%.

Basically the burden of tax receipts has strongly shifted to individual income tax and the trend on corporation tax has been declining since 2002 despite the boom years and the fact that since 2002 the volume and value of exports has grown. In other words the rich have gotten richer while everyone else has shouldered the tax burden for the nation.

The introduction of the local property tax is yet another tax burden on individual families. While the tax burden remains as low as 11.5% for corporations, a full and open debate about raising the tax share for corporations in a real attempt to share the load in an equitable fashion is long overdue.

Article source: http://www.claredaly.ie/is-ireland-a-tax-haven-for-corporations/

Trampling of democracy as People Before Profit amendments to Financial Emergency Measures bill ruled out of order and guillotine imposed

Administrator — Wed, 29 May 2013 11:53:37 +0000

In a statement at Leinster House this morning, Richard Boyd Barrett TD strongly criticised the government for the trampling of democracy as twenty four of his amendments to the Financial Emergency Measures in the Public Interest Bill 2013 were ruled out of order.

The government also imposed a guillotine on this bill which does not allow for adequate debate and consultation and is further evidence the government wants to ram this bill through before workers vote on Croke Park 2.5.

The amendments submitted by Deputy Boyd Barrett, following consultation with rank and file trade unionists, would have seen the protection of workers earning less than 100,000, the protection of pensioners earning less than 50,000 and the shifting of the burden of cuts to those earning more than 100,000.

Deputy Boyd Barrett also submitted an amendment proposing the deletion of the section that would give the Minister draconian new powers to change the pay and conditions of public sector workers at a mere stroke of his pen.

The Minister in question is Brendan Howlin and it is extraordinary that a Labour Party member would propose and push through legislation giving himself the power to trample on the democracy of the trade union movement and the hard won rights of workers.

Richard Boyd Barrett said,
“Today’s actions of the government are an outrageous abuse of democratic process, making a sham of the Dáil and parliamentary democracy.

It is utterly despicable that this is being done by the Labour Party in an effort to subvert the democratic decision of public sector workers who voted against the Croke Park deal.

It is even more disgusting that this is being done by the Labour Party on the 100th anniversary of the 1913 Lock-Out. Brendan Howlin has become the William Martin Murphy of 21st century Ireland”.

Article source: http://richardboydbarrett.ie/2013/05/29/trampling-of-democracy-as-people-before-profit-amendments-to-financial-emergency-measures-bill-ruled-out-of-order-and-guillotine-imposed/

Government choose to attack public service workers rather than tackle wealthy corporations

Administrator — Tue, 28 May 2013 22:24:50 +0000

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Article source: http://richardboydbarrett.ie/2013/05/28/government-choose-to-attack-public-service-workers-rather-than-tackle-wealthy-corporations/

ICTU Silence on anti-union legislation is Deafening!

Administrator — Tue, 28 May 2013 11:10:59 +0000

NO2CrokePark2 Campaign

Press Release 28^th May.

ICTU Silence on anti-union legislation is deafening

Labour TDs and Senators must reject anti-union law

Protest at Dail Eireann on Wed at 5pm

In a statement today the NO2CrokePark2 Campaign called on ICTU to break its silence on the The Financial Emergency Measures in the Public Interest Bill. The Bill, which is being rushed through the Dail and Seanad this week, is a fundamental attack on trade union rights and is being used to bully trade union members into accepting the Haddington Road Agreement.

The Finance Emergency Measures in the Public Interest Bill is a serious threat to trade union and democratic rights. The bill, if passed, will cut wages and pensions. It also gives government power to unilaterally freeze increments and to change conditions of service including working hours in the public service. It contains a coercive clause which threatens to freeze the increments due to workers in the public sector unless they sign up to the Haddington Road Agreement.

Campaign spokesperson Eddie Conlon said

“The fundamental right of workers to vote on any proposal on the basis of its merit is being undermined completely. There cannot be free collective bargaining when the government says accept our proposals or we will legislate for worse.

This legislation will mean that the pay of a public servant will be determined by their membership of a particular union rather than their grade or position. It will mean that two porters in a hospital or two teachers working in the same school could have different conditions. In effective this Bill discriminates against those unions who decide to take a stand against cuts and austerity.

This legislation changes the landscape in Ireland. It is remarkable that the leadership of the ICTU has been absolutely silent on the implications of the Bill. It is even more remarkable that the Bill is being introduced with the support of the Labour Party. Given the demand of the ICTU and the Labour Party for union recognition and collective bargaining rights in the private sector, they should now be opposing the reduction of such rights in the public sector. We are calling on ICTU to immediately condemn the legislation and for Labour TDs to vote against it.”

The Campaign is calling on all those concerned about trade union and democratic rights to protest at the Dáil on Wednesday at 5pm.

Article source: http://www.claredaly.ie/ictu-silence-on-anti-union-legislation-is-deafening/

Press Release from No 2CrokePark2

Administrator — Mon, 27 May 2013 14:20:49 +0000

Unions Must Oppose Draconian Legislation and Defend Trade Union Rights

ICTU Must Condemn The Finance Emergency Measures in the Public Interest Bill

Protest at Dail Eireann on Wed at 5pm.

In a statement today the NO2CrokePark2 Campaign called on all trade unionists to oppose The Finance Emergency Measures in the Public Interest Bill. The Bill, which is being rushed through the Dail and Seanad this week, is a fundamental attack on trade union rights and is being used to bully trade union members into accepting the Haddington Road Agreement.

The Campaign is calling on all those concerned about trade union and democratic rights to protest at the Dail next Wednesday at 5pm.

The Finance Emergency Measures in the Public Interest Bill is a serious threat to trade union and democratic rights. The bill, if passed, will cut wages and pensions. It also gives government power to unilaterally freeze increments and to change conditions of service including working hours in the public service.

It contains a coercive clause which threatens to freeze the increments due to workers in the public sector unless they sign up to the Haddington Road Agreement. It contains a provision “for a suspension of incremental progression for three years for all public servants unless they are covered by a collective agreement that modifies the terms of the incremental suspension and which has been registered with the Labour Relations Commission”. This means that unless a trade union signs up to the agreement, even if the pay of members is under €65,000, its members increments will be frozen for three years. This is a draconian measure far beyond anything contained in the original Croke Park2 proposals.

As stated by IFUT General Secretary this morning this is the first time that “the pay of a public servant is to be decided not by grade or position but by the particular union of which the person is a member.” In effect this Bill discriminates against those unions who decide to take a stand against cuts and austerity.

Campaign spokesperson Eddie Conlon said,

“The fundamental right of workers to vote on any proposal on the basis of its merit is being undermined completely. The right of a trade union to defend its members is being obliterated. A gun is being put to the head of public sector workers.

At present the government is attempting to intimidate workers into accepting the Haddington Road Agreement. This legislation changes the landscape in Ireland. It is remarkable that the leadership of the ICTU has been absolutely silent on the implications of the Bill. It is even more remarkable that the Bill is being introduced with the support of the Labour Party. We are calling on ICTU to immediately condemn the legislation and for Labour TDs to vote against it.

We believe it must be opposed by all trade unions and by everyone that cares for democratic principles. We are, therefore, issuing an open call to all trade union leaders and to TDs to immediately condemn the proposed legislation. To not do so is to stand against democracy and worker’s rights”.

Article source: http://www.claredaly.ie/press-release-from-no-2crokepark2/

Do or Die Foundation raise awareness about Domestic Violence.

Administrator — Mon, 27 May 2013 10:39:24 +0000

Domestic violence is a silent killer. Silent because victims fear that they (and their children) will die at the hands of their abusers; silent because when they do speak out their complaints are not taken seriously enough by the police and the courts tasked with their protection; silent because of the sense of shame that accompanies such abuse. For every woman that contacts a support organization there is another who cannot get to a phone and is living in terror, dreading that key in the door.

The Do or Die Foundation, launched last February by two survivors of domestic abuse, Rita Harling, and Priscilla Grainger, is actively campaigning for a register of domestic abuse offenders. They are also offering a myriad of support services including one-to-one support, legal advice, counselling, and practical help such as clothing and emergency accommodation. Rita and Priscilla know more than most the terrible fear and sense of helplessness than are the bed-fellows of an abusive home, and how something small –a place of refuge for a couple of nights or an understanding voice on the end of a phone line – can make all the difference in empowering women to take that first step towards a life free from abuse.

‘Last year Women’s Aid, who are a brilliant organization, had to turn people away because of a lack of funding and resources,’ says Rita, who is the leading force behind the foundation, and whose abusive marriage to criminal Brian Kenny is documented in a book, ‘Do or Die’ – How I Escaped Life With a Murderer’. ‘So we decided we would do something ourselves to help.’

Rita was 30 and the mother of a young daughter she met and fell for Brian Kenny. ‘He was a charming man and won me over very quickly. Robyn (Rita’s daughter) also loved him at the beginning and that was very important to me because I was taking a man into my family environment. He was great to her.’ Within six months of meeting the couple had purchased a home together and everything seemed perfect.

Having come from a hard-working, loving family herself Rita had never experienced violence and so was completely trusting of her partner. However suspecting he was becoming involved in criminality she questioned him one night, and was savagely beaten, despite the fact that she was pregnant with their baby. ‘I wasn’t sure to what extent he was getting involved in drugs and criminality, so I confronted him,’ remembers Rita, who is quick to point out that domestic violence does not only happen in the so-called ‘criminal classes’, but is prevalent right across the board. ‘I was utterly horrified – not only by the violence – but that he wasn’t only doing it to me; I was carrying a child.’

That first time was followed by tears, apologies and assurances that it would never happen again, but as Rita quickly learned these were empty promises, and the violence escalated. Savage beatings – being pushed, dragged by the hair, Chinese burns on her wrists and on one occasion having a metal broom handle broken over her back – became commonplace. ‘He knew how far to push your arm before the bone snapped,’ says Rita. ‘I’d seen a vicious side of a person I never thought possible.’

On occasion hospitalized for her injuries, it seems incredible that no one picked up on what was happening, but Rita admits that while staff may have suspected her partner of being responsible for her injuries, the shock and sense of shame stopped her speaking out. ‘I couldn’t talk about it. I know one nurse had an idea he was responsible, but I couldn’t speak out. That’s why I’ve started this foundation; to get people to talk about it. Because there is an air of shame people cover it up, and the way the laws are at the moment only exacerbate this situation. But it doesn’t get better – it only gets worse. It’s a control thing; the more I was letting him do it, the more aggressive it became.’

After Rita found the strength to leave Kenny she still didn’t feel safe as he had no respect for the safety orders supposed to protect her. ‘He didn’t believe in them,’ she says simply. Calls to the police were also fruitless. ‘I rang the Guards loads of times and they didn’t arrive, but hopefully things are changing for the better now. These orders mean the person should be arrested if they are in breach of them, but they are not. Offenders know that so they re-offend over and over again. The Gardaí need to take them a lot more seriously, pursuing and incarcerating offenders; we would argue for that in the foundation.’

Priscilla Grainger agrees wholeheartedly. After seventeen years in a physically and mentally abusive relationship, and forced to seek court backing to keep her and her daughter safe from a man threatening to kill her, she knows the reality facing victims of domestic violence. ‘As far as I’m concerned the Courts, the Gardaí and the Minister for Justice don’t give two hoots,’ she says passionately. ‘They are very quick to find out about someone using a mobile phone…’ (A reference to the latest Alan Shatter, Mick Wallace debacle) ‘…yet they can’t look after us. You go in and get your Protection Order, come out and the perpetrator could be standing there laughing at you, giving you the two fingers. They are giving you orders not worth the paper they are written on because they are not being implemented by the Department of Justice.’

Although she left him in 2000, Rita’s nightmare existence only came to an end when Brian    Kenny was sentenced to life imprisonment for the murder of Jonathan O Reilly; shot dead outside Cloverhill Prison in April 2004. Choosing to speak out was her way of overcoming that sense of shame shadowing many victims of domestic violence. ‘I was sick of hiding and sick of feeling ashamed,’ admits Rita. ‘After the book came out I started getting messages from other women and men, and I couldn’t do anything just offer advice. It was only after Priscilla contacted me and we met and became friends that we decided to do something concrete; turn a negative experience into something positive.’

In the few short months since its inception, the Do or Die Foundation has already achieved a number of its goals. There is an a office; phone line operational 24 hours a day manned by volunteer staff; rooms have been made available for emergency accommodation and other services like court accompaniment are available. And crucially, their campaign for a register for domestic violence offenders has gathered momentum, culminating in a briefing in Leinster House in mid-May.

‘I gave a presentation in the Dail and it went very well,’ says Rita. ‘Fine Gael is doing a campaign around domestic violence this year so it’s hugely at the fore at the moment. Edna Kenny has given a promise that he is going to seek the truth when it comes to domestic violence, so hopefully the register will pass. It’s hugely important to us because an abuser will abuse someone and then move from that relationship to the next one.’

A similar scheme already operates in some American states, and in Britain in 2012 a pilot scheme under the title Clare’s Law – after Clare Wood who was murdered by an ex-boyfriend with a violent past – was put in place in Nottingham, Greater Manchester, Gwent and Wiltshire. Anecdotal evidence would suggest it has already saved women from abusive relationships. Home Secretary Theresa May said: ‘This pilot is designed to prevent tragic incidents from happening by ensuring that there is a clear framework in place with recognized and consistent processes for disclosing information to the public.’ The Do or Die Foundation believes Irish women deserve the same level of protection.

Two remarkably strong women, who have managed to re-build their lives after years of abuse, they are the first to acknowledge that it isn’t an easy step to take. ‘Two years ago you would have found me hiding, crying, not knowing where my life was going to end,’ says Priscilla. ‘I prayed to my dad and my friend Siobhan McLaughlin (murdered by her husband Brian Kearney in February 2006), and when I read Rita’s book it was like a carbon copy of my life. We got in touch via Facebook and then met up. I was very nervous, hadn’t been out for about two years, but she said “look you have to move on, it’s very difficult, but it can be done.” We talked about helping other women out there…and look where it’s taken us since.’

So how do women find the strength to leave? ‘I had to say to myself that I was worth more than that; that I wasn’t raised to be anyone’s punch bag any more than anyone else is,’ says Rita. ‘I was raised by good parents and I knew, looking at my own children, they were not going to be raised to be anyone’s punch-bag either. I’m now happily engaged to a wonderful man, a compassionate person who is respectful of my past. And there is a message in that to women that you can re-build your lives. You can’t let this person destroy you, break you down and take everything from you. You are better than that: you and your kids are worth more than that.’

   ▪Do or Die Foundation:

   ▪For help and information contact Rita @ 085-1644684

   ▪For donations or help with teens @ 085-1634050

   ▪E-mail: doordierita@gmail.com

Article source: http://www.claredaly.ie/do-or-die-foundation-raise-awareness-about-domestic-violence/

Termination for Medical Reasons Group to brief TDs in the Dail today

Administrator — Thu, 23 May 2013 14:32:49 +0000

A group representing TFMR briefed TDs today on their concerns on the Protection of Life During Pregnancy Bill.

During the recent Oireachtas hearings on the Protection of Life During Pregnancy Bill, a number of groups who have concerns and amendments did not have the opportunity to participate.

The groups include, National Women’s Council of Ireland, Action on X, Abortion Rights Campaign, ICTU Women’s Committee, Irish Council for Civil Liberties, Irish Family Planning Association, Irish Feminist Network, Cork Women’s Right to Choose Group and Galway Pro Choice Group.

TFMR (Terminations for Medical Reasons) is one of the groups and it represents couples and families who have undertaken terminations due to the tragic presence of fatal foetal abnormalities in much wanted pregnancies. These terminations had to take place abroad because of the current legal situation surrounding terminations in Ireland but such situations are not provided for in the Bill being proposed, something TMFR feel is a missed opportunity.

Richard Boyd Barrett TD, who was hosting the briefing said, “The Oireachtas hearings were an important opportunity for all interest groups to have their say and influence the provisions of the bill. It is unfortunate that groups such as TMFR were not invited to participate and today’s briefing will give them a chance to brief TDs and Senators on the issues around which they are campaigning”.

Article source: http://richardboydbarrett.ie/2013/05/23/termination-for-medical-reasons-group-to-brief-tds-in-the-dail-today/

Company fly in workers from Spain as Shanganagh Waste Water Treatment strike enters its third day

Administrator — Thu, 23 May 2013 11:20:16 +0000

Cllr Hugh Lewis, People Before Profit visits picket yesterday

In a statement today, the strikers at Shanganagh Waste Water Treatment Plant, announced that 2 workers have passed their picket line to carry out work at the plant.

The workers who passed the picket line this morning are believed to have been flown in from Spain by the Spanish section of the Management.

The workers have also raised serious health and safety concerns that, as the laboratory workers are not passing the picket line, the water quality may not be being tested at the site for three days now.

People Before Profit TD, Richard Boyd Barrett, will be visiting the workers at the site at 12.30 today to show his support for the workers.

SDD Shanganagh Water Treatment runs the Waste Water Treatment Centre in Shanganagh under a standard Public Private Partnership contract with Dun Laoghaire Rathdown County Council. SDD are responsible for all operations on site. The new plant was opened by Phil Hogan TD last January.

SDD is a partnership between SISK and a Spanish company called Drago Drace. It is believed that the workers who passed the picket line this morning are employees of Drago Drace in Spain.

The dispute at the plant is over pay and shift premium payments. Earlier this month the SIPTU workers had threatened strike action because management were refusing to recognise the union. The strike was called off when they agreed to start discussions. It was subsequently agreed to send the issues of dispute to the LRC but management did not proceed with this. Strike action started on Tues morning at 6.30am.

Shop Steward, Darragh Kennedy said: “We are seriously worried about the level of contaminants in the water at this point. It is clear to us that no sludge has been taken off the plant for the last 3 days, this means all the tanks are either close to full or full. So over the next few days the level of contaminants in the water will rise. The lab workers, who would normally test for contaminants, are not passing the picket so it seems that the necessary tests are not being carried out. This could lead to water with an unacceptable level of contaminants being churned into the sea.”

“Strike breakers passed the picket at 7 am this morning and they have been seen operating machinery around plant. One of them is known to us as being an employee of Drago Drace in Spain who worked here during the construction of the plant.”

Richard Boyd Barrett, TD said: “I have come down to the picket line this morning to show my support to these workers. It is a complete disgrace that a council owned plant is treating its workers like this. Not only are they refusing to enter into meaningful negotiations with the workers, they are now flying in strike breakers from Spain!

There are clearly some very serious health and safety questions being raised with regards to the water quality that need to be answered as a matter of urgency. We have asked Owen Keegan, the county manager, to investigate this immediately and we await his response.”

Article source: http://richardboydbarrett.ie/2013/05/23/company-fly-in-workers-from-spain-as-shanganagh-waste-water-treatment-strike-enters-third-day/

Richard Boyd Barrett challenges ‘Clearing House Group’ over role in shaping corporate tax policy

Administrator — Wed, 22 May 2013 17:05:30 +0000

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Article source: http://richardboydbarrett.ie/2013/05/22/richard-boyd-barrett-challenges-clearing-house-group-over-role-in-shaping-corporate-tax-policy/

Alan Shatter’s draconian proposals to shut off mobile network to deter upcoming G8 protests

Administrator — Wed, 22 May 2013 14:02:15 +0000

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Article source: http://richardboydbarrett.ie/2013/05/22/alan-shatters-draconian-proposals-to-shut-off-mobile-network-to-deter-upcoming-g8-protests/