Category: Government

Paying for navigation

The British government has always paid a subvention to fund the operation of Irish coastal navigational systems.

The British shipping industry has now asked the British government to end this subvention which amounts to €13 million per annum.

If the subvention does ends the Irish Lights Commissioners will have to make up the difference by extra charges for those using Irish ports or by government funding.

Personally, I’ve always thought it odd that Ireland, as a sovereign state, would allow another state to fund a service that rightly should be its own responsibility. The British shipping industry is right, the practice should end.

Letter to the bishop

On the same day I submitted a formal complaint to the European Parliament regarding the criminalisation of those who sell Mass cards without the permission of a Catholic bishop I also wrote to the local bishop here in Cobh for permission to sell Mass cards.

I received a curious, minimalist, reply yesterday saying that as a commencement order has not yet been issued the Act remains inoperative.

Fair enough, I’ll check that out with the relevant department next week. The case continues.

Reaction to proposed blasphemy law

Letters on the proposed blasphemy law in today’s Irish Times.

Madam,
Considering that every judge in the Irish judicial system has taken a religious oath asking God to “direct and sustain” them in their work, how can any atheist accused of blasphemy ever be offered a fair trial?

Yours, etc,

GAVIN TOBIN,
Celbridge,
Co Kildare.

Madam,

The Irish Government’s proposal to make blasphemy punishable by law seems curious to those British parliamentarians, like myself, who fought successfully to bury this relic of the Star Chamber.

The archaic common law offences of blasphemy and blasphemous libel were abolished in the UK just a year ago, in the Criminal Justice and Immigration Act 2008.

With all-party support, we relied not only on the advice of the Law Commission, but on the wise judgment of the Irish Supreme Court in the Corway case.We had the support not only of English PEN and writers and artists, but also of the British clergy.

There was wide recognition of the chilling effect of these offences on the right to freedom of expression, and of the divisive nature and effects of retaining the offences in our modern plural society where one person’s religion is another person’s blasphemy, and where British Muslims were campaigning to extend blasphemy offences to protect Islam (a move rejected by our court in the Satanic Verses case in which I acted for the publisher of Salman Rushdie’s novel).

Parliament has also enacted a narrow offence in the Racial and Religious Hatred Act 2006 of incitement to religious hatred. This applies only to threatening (as distinct from abusive or insulting) words or behaviour, and places the burden on the prosecution to prove specific criminal intent.

I drafted and Parliament approved section 29J (the so-called “English PEN clause”) which provides as follows: “Protection of freedom of expression:

“Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system.”

To those of us who admire Ireland’s constitutional and legal system, it would be bizarre and perverse if the Irish Government and legislature were now to resurrect the Star Chamber offences and make them punishable by law.

It would also provide an unfortunate example to the rest of the free world at a time when many Arab and African states are pressing for a new international crime of religious defamation.

Yours, etc,

ANTHONY LESTER,
(Lord Lester of Herne Hill QC),
Liberal Democrat Peer,
Blackstone Chambers,
Temple,
London, England.

Obama to outlaw offshore tax havens

President Obama has made his first move to outlaw offshore tax avoidance schemes by US corporations with overseas divisions.

This could have serious financial consequences for the economy as US corporations have long used Ireland as a profit/tax laundering base to avoid paying billions in tax obligations.

In an RTE interview in February 2008 Prof. Anton Murphy of TCD said such activities gave Ireland a Cayman Islands type financial reputation and added that the Government, political parties, the IDA and other State agencies are effectively colluding in this profit laundering but because of various short term interests nobody is saying anything.

Perhaps they will have something to say now.

Going to EU on criminalisation of Mass card sellers

I received very little response to my email to the three Munster MEPs regarding the criminalisation of those who sell Mass cards without the permission of a Catholic bishop so I’ve sent the same email to all 13 Irish MEPs.

I’ve also submitted the following petition to the European Parliament.

To Whom It May Concern:

In February this year the Irish government enacted a law which makes it a criminal offence to sell a Mass card not authorised by a Catholic bishop (Charities Act 2009, Section 99).

I strongly object to this law for the following reasons.

1. Contained within the Act is a presumption of guilt until proved innocent. This runs contrary to Article 48 (1) of the European Union’s Charter of Fundamental Rights which states:

“Everyone who has been charged shall be presumed innocent until proved guilty according to law.”

2. Section 99 is an unjustified restriction on Article 44 of the Irish Constitution which guarantees the free profession and practice of religion (See newspaper article below).

3. The criminalisation of the sale of Mass cards is a disproportionate reaction to what is a very minor business activity (See newspaper article below).

4. This law confers an absolute monopoly to the Catholic Church for the sale of Mass Cards. I believe this to be contrary to EU law.

5. The requirement to obtain permission from a member of a religious organisation to engage in legitimate business is an infringement of the right of all EU citizens to engage in such activity.

I request that the EU take action to force the Irish government to repeal section 99 of the Charities Act, 2009 or, at a minimum, have that part which is offensive to the European Union’s Charter of Fundamental Rights regarding the principle of ‘innocent until proved guilty’ struck out.

Thank You
Anthony Sheridan

References:

Section 99. (Charities Act, 2009)

(1) A person who sells a Mass card other than pursuant to an arrangement with a recognised person shall be guilty of an offence.

(2) In proceedings for an offence under this section it shall be presumed, until the contrary is proved on the balance of probabilities, that the sale of the Mass card to which the alleged offence relates was not done pursuant to an arrangement with a recognised person.

(3) In this section—

“Church” means the Holy Catholic Apostolic and Roman Church;

“Mass card” means a card or other printed material that indicates, or purports to indicate, that the Holy Sacrifice of the Mass howsoever described will be offered for—

(a) the intentions specified therein, or
(b) such intentions as will include the intentions specified therein;

“priest” means a priest ordained according to the rites of the Church;

“recognised person” means—

(a) a bishop of the Church, or
(b) a provincial of an order of priests established under the authority of, and recognised by, the Church;

“sell” includes, in relation to a Mass card, offer or expose the card for sale or invite the making by a person of an offer to purchase the card.

Irish Times article

Mass card section of Charities Bill could be unconstitutional

CAROL COULTER, Legal Affairs Editor

Thu, Feb 26, 2009

A SECTION of the Charities Bill may be unconstitutional because it makes it a criminal offence to sell a Mass card not authorised by a Catholic bishop, according to a former attorney general. The Bill went to President Mary McAleese for signing earlier this week.

The section in question was inserted into the Bill by the Seanad on February 11th last to deal with a problem of the sale of “bogus Mass cards”, which purport to be signed by a priest, but where the signature is not genuine and no Mass is actually said.

The Government amendment was put forward following the earlier proposal of a similar amendment by Senator Ronan Mullen.

Former attorney general John Rogers SC has provided an opinion on it to the solicitor for a man who sells genuine Mass cards, signed by a priest in the Philippines by arrangement with a bishop there. The money raised goes to build churches there. He fears shops may feel pressure on them not to sell if the Bill becomes law.

During the Seanad debate, Senator David Norris read from Mr. Rogers’s opinion, which stated that section 96 was “an unjustified restriction on the Article 44 guarantee of the free profession and practice of religion.”

The section provides that a person who sells a Mass card “other than pursuant to arrangement with a recognised person” is guilty of an offence. A “recognised person” who can authorise the sale of such Mass cards is defined as a bishop of the church, or the head of an order recognised by it.

The section defines a Mass card as a card that indicates that “the holy sacrifice of the Mass” will be offered for a person’s intentions.

In any proceedings it will be presumed, unless proved to the contrary, that an offence has been committed.

In his opinion Mr. Rogers says this goes further than is reasonably required to deal with the problem of the sale of a Mass card not properly signed by a priest, where no Mass is said, or where the purchaser thinks it is for a charitable purpose and it is not.

“The narrow categories of persons is arbitrary and unfair and represents a serious interference with the religious practice of some priests and others who are members of non-Catholic churches and religious communities in this State,” he states.

He also points out that it presumes an offence has been committed until the contrary is proven. “The criminalisation of the sale of Mass cards is another aspect of the disproportionate nature of this piece of legislation,” he says.

ENDS

Revolution: Nothing less will do

We will not get through this crisis if our political institutions and system of governance do not change radically.

We should be clear that, economic stabilisation, much less recovery, will be stymied by alienation from our political system, by fragmentation of political support, and by the very real prospect of a rise in disenchantment and extremism among the tens of thousands who have joined the dole queue.

We need a realignment of politics in Ireland – we need democratic choices that mean something to contemporary society. We need a sense of right and wrong. We need a whole new political ethic premised on values-based leadership.

We need to engage individuals who have little interest in power as such, who have a commitment as well as a widely acknowledged expertise that is capable of restoring trust, confidence and a sense of direction.

So writes Prof. Ray Kinsella in today’s Irish Times. The professor is calling for the complete dismantling of the present (corrupt) political and administrative system.

He is, in effect, calling for a revolution and certainly nothing less will do. It is (depressingly) fascinating to observe politicians from all parties continue to behave as if the approaching disaster is nothing more than a local political/financial crisis.

HIQA independence in question

TWO families who triggered the independent review of services at the Mid-Western Regional Hospital in Ennis are furious no one has been held accountable…The Health Information and Quality Authority (HIQA) found it was unable to blame anyone because of a lack of clarity around local accountability and the authority to make decisions (Irish Examiner).

Once again a so called independent investigation into death within the HSE has been unable to hold anyone to account. I don’t think anybody really expected anything better. After so many other whitewash reports why would anyone think this one would be any different?

We’ve had the usual waffle from bureaucrats and politicians who have employed the usual cynical strategies to protect their backs.

A particularly nasty but common strategy is to supply the report to the victims just hours before its publication. This means they have no time to read it in detail and as we’re heading into a long weekend it will be old news by next Tuesday.

Mary Harney had promised to supply the report to the families of the victims before publication; she did so, at 11.30 on the morning of publication. It’s difficult to get more ruthlessly cynical than that.

This is in stark contrast to how the State favours the Catholic Church. The Dublin Archdiocese Commission of Investigation into clerical sex abuse is due for publication in May or June but Archbishop Martin and others have already been given a copy of the report so that they can prepare their response to what is said to be an absolutely shocking litany of abuse (Irish Examiner).

A solicitor for one of the families involved in the Ennis hospital misdiagnosis scandal said that the report seemed to have a political agenda connected to the downgrading of hospitals.

This was put to the chief executive officer of HIQA, Dr. Tracey Cooper, on the Six One News (1st report, 4th item) yesterday, she replied:

“As an independent authority we’re established to take work independently from the rest of the system. What’s driven the findings of the investigation is that it isn’t about political agenda’s; it isn’t about territorialism of local hospitals.

It is about the fact that international evidence is very clear that patients that require emergency care, specialist care have to be treated in care by people who see sufficient volumes of patients with those types of conditions to keep their skills up to date.”

This statement could have been taken straight out of Mary Harney’s files so close is it to government (political) policy regarding the downgrading of hospitals.

The merits of this policy have been widely debated throughout the media but why is this so called independent authority that was supposed to be investigating the deaths of two patients by misdiagnosis, parroting Government policy as a justification for its conclusions?

Is HIQA independent? I don’t think so.

Copy to:
HIQA

Learning the truth

Sam Smyth, whose daughter suffers from Cystic Fibrosis, is still in the process of finding out just how ruthless and uncaring Irish politicians are when it comes to looking after their own petty interests.

As part of the deal (which, by the way was secret and thus totally undemocratic) to support the formation of a government Independent TD, Finian McGrath was promised that CF sufferers would be looked after.

As soon as he withdrew his support these ruthless people pulled the plug on the deal. In other words they were only interested in political power not the welfare of very vulnerable citizens.

In the shadow of the Tsunami

Last October I wrote the following regarding the global financial crisis.

“We’re in a moment just like that before a Tsunami strikes. The sea is sucked out a great distance from the shore and people, in their ignorance and excitement, rush out to stare at beached fish flapping about. There’s absolutely no realisation of what’s just beyond the horizon.”

We’re still at that point, the Tsunami hasn’t hit yet. The political fish are still flapping about on the beach trying to convince us that they know what they’re doing.

This emergency budget can be seen as the shadow of the Tsunami as people begin to look away from the flapping politicians and stare at the gathering darkness on the horizon.

Irish citizens are beginning to realise that their politicians are incompetent and to a large extent, corrupt. They are beginning to realise that our corrupt system of administration will always give priority to favoured sections of society.

They are beginning to realise that in the coming year or two they are going to be stripped clean of most of their assets.

The question is – will they tolerate it?

Paddy Kelly is a happy man

The final act in protecting bankers and developers has now been taken with the transfer of €90 billion of toxic assets from the banks onto the shoulders of the taxpayer.

There remain now only a few loose ends to tidy up such as lifting the limit on bonuses and setting up yet another ‘regulator’ to protect the corrupt and greedy.

On January 22nd last I wrote about happy property developers living in a banana republic. The post concerned the property developer Paddy Kelly who candidly admitted that he owed hundreds of millions to the banks but wasn’t the least bit worried.

And now we know why he wasn’t worried, he knew well that his political friends would bail him and the bankers out.

“We’re going to need steady heads to sort our problems and we need to be decent to one another and to help one another and for me compassion is so central to how we live and how we are.”

The ‘we’ in this quote obviously meant fellow developers, bankers and political friends.