Democratic accountability – in 95 years time

I see former Taoiseach John Bruton thinks that the Easter Rising and subsequent War of Independence were completely unnecessary.

Now there are many who will criticise Bruton for his views but I think such people should take comfort from the fact that the reaction time to political events by Irish politicians is reducing.

Bruton’s reaction brings the time scale below the 100 years mark.

We can therefore look forward, for example, to a Fine Gael Taoiseach in, say 95 years time, courageously expressing the view that Enda Kenny did indeed fire a Garda commissioner and should make himself democratically accountable.

Data Protection Commissioner responds to the secrecy surrounding the naming of election poster violators

The Data Protection Commissioner has responded to my question regarding data protection and the naming (or not) of candidates and political parties who have been fined for failing to remove election posters in the recent local and European elections.

Dear Mr. Sheridan,

I refer to your recent email query to this Office in relation to the publication by local authorities of persons fined for not removing election posters.

“Name and Shame” schemes may involve disclosure of sensitive personal data (criminal convictions).

Such disclosure requires either the consent of the individual or some other legitimiser in the Data Protection Acts.

Disclosure as part of a “name and shame” policy requires a specific legal provision which triggers Section 8(e) of the Data Protection Acts (“required by or under any enactment or by a rule of law or order of a court”).

An example is the Fines Act 2010 which provides in Section 21 for the publication by the Courts Service of a list of persons who have not paid fines.

In the absence of a legal basis, the position of this Office is that the publishing of names and addresses of private individuals fined or convicted, whether by ways of publication on local authority websites or by way of notices published in the local press (notices paid for by the authority rather than court reports) is likely a breach of the principles of data protection as set down in the Data Protections Acts 1988 & 2003.

Update: Secrecy still protecting law breaking politicians

Fingal County Council has responded to my second request (See first here) as to why the authority is keeping secret the names of candidates and political parties who have been fined for failing to remove election posters in the recent local and European elections.

Dear Mr. Sheridan,

Further to your request to clarify this issue, I wish to advise that Fingal County Council has obligations under the Data Protection Acts 1998-2003 in relation to protecting the privacy of individuals.

Specifically unauthorised disclosure of personal data is prohibited. Section 2 of the Act (as amended) prohibits such disclosure.

I trust this information is helpful to you.

Kind regards,

I’m still puzzled as to how fines against public candidates and public political parties can be treated as a personal matter.

Sean O'Rourke: Mary Coughlan's biggest fan

I see the gombeen traitor and former Taniste Mary Coughlan is thinking of making a comeback in politics.

She was interviewed by Sean O’Rourke last Wednesday and as always she was blaming everybody for her and her government’s incompetence in leading the country over the cliff of disaster.

The global economic crisis, European Commission, ECB, the banks, media and coalition partners were all to blame but not, apparently, Ms. incompetence herself or Mr., I’m not drunk, Cowen.

Of course she was never going to be asked the hard questions by an adoring Sean O’Rourke who set the tone of the interview from the very beginning.

Your father was one of the most wonderful gentlemen ever to grace the corridors of Leinster House.

Now perhaps her father was a ‘wonderful gentleman’ but O’Rourke’s admiring tone left listeners in no doubt as to how he was going to conduct the interview.

And so it was.

When Coughlan described the criminal Haughey as ‘the great Charles Haughey’, O’Rourke made no challenge.

When she refused to talk about the lies Bertie Ahern told to the Planning Tribunal, O’Rourke meekly submitted and moved on.

When she stated, as part of her excuse for Fianna Fail’s political failure, that the party was new to coalition O’Rourke accepted the lie without question.

Willie O'Dea: Joker of the month

Fianna Fail TD Willie O’Dea on the jailing of Ivor Callelly.

Members of different political parties have over the years breached the trust of the electorate in this way. There are a number of examples of criminal proceedings against various members of various parties.

I think, in fairness, all parties have taken a similar approach here. They’ve dealt very firmly and very decisively with any such breaches.

Secrecy still protecting law breaking politicians

Dublin local authorities have issued more than 90 fines to political candidates who failed to remove posters on time after the local and European elections last May (Irish Times).

But once again it has been decided that the great unwashed are not be told the names of politicians/parties who have broken the law.

Fingal and Dublin/Rathdown County Councils said they couldn’t release the names for ‘data protection reasons’.

Dublin City Council did not reveal figures either, haughtily decreeing that:

Enforcement activity will be reported to the Elected Members in due course.

I rang the Data Protection Commissioner’s office to ask were these local authorities permitted to keep such information secret and, if so, under what section of the Data Protection Act they were exercising their power.

I received an acknowledgement and a promise that an answer would be forthcoming within the next 15 working days.

I rang Fingal County Council with the same question and, as usual, I was told to put my query in writing.

I did and received the following reply:

Dear Mr. Sheridan,

I refer to your phone call today and subsequent email. Unfortunately I am not in a position to offer you legal advice in relation to this matter.

Best Regards

My reply:

Dear…

Clearly, you have misunderstood my request. I am not seeking legal advice in any manner or form.

I am merely requesting the relevant section of the Data Protection Act under which Fingal County Council is basing its decision to keep confidential the names of candidates and political parties who have been fined for failing to remove election posters in the recent local and European elections.

My request is specifically focused on the following quote in today’s Irish Times.

She (a spokeswoman for Fingal County Council) said details of the candidates or parties that received fines would not be made available for data protection reasons.

It is reasonable to assume that the spokesperson is aware of the relevant section of the Data Protection Act to which she is referring.

I simply want to know that particular section.

Yours etc.,
Anthony Sheridan

Is the Iona Institute guilty of intellectually abusing schoolchildren?

Last April, religious militant and director of the Iona Institute David Quinn, delivered a lecture to fifth and sixth year students falsely informing them that the origin of the universe had nothing to do with science but was strictly a matter for religion/philosophy (See full article here).

There is an abundance of scientific evidence relating to the origin of the universe. Scientific discoveries such as background radiation, inflation and the recently discovered gravitational waves are all scientific facts supporting the idea that the origin of the universe is scientific.

In stark contrast, Mr. Quinn’s claim that the origin of the universe is a philosophical and religious one has no basis in fact whatsoever.

Despite centuries of philosophical and religious debate on the question of the origin of the universe not a single fact has been produced to confirm the myriad of speculative opinions emanating from that quarter.

What is really disturbing about this incident is the fact that Mr. Quinn and the Iona Institute appear to have unrestricted access to propagate what is effectively, religious propaganda to innocent students.

It is obvious from reading Mr. Quinn’s article that his lecture had nothing to do with genuine education, that it was not designed to inform students about the pros and cons in the debate between science and religion.

In addition to the lie concerning the origin of the universe Mr. Quinn’s lecture seems to have been nothing more than a vicious attack on New Atheism and in particular on Richard Dawkins.

Mr. Quinn regularly makes such attacks across various media outlets and, while rationally obnoxious, he is entitled to hold and express those views.

But what is not acceptable and what is deeply disturbing, is the apparent freedom extended to the Iona Institute to effectively intellectually abuse innocent schoolchildren.

I made a formal complaint on the matter to the Department of Education.

The response, while entirely predictable, was nevertheless shocking.

Effectively, the Department said – Nothing to do with us, it’s the responsibility of the boards of management and the patron of each school (See below for my formal complaint, reply from Dept. of Education and my response).

This is the same irresponsible response by the Dept/Government as that taken in the Louise O’Keeffe scandal.

Ms. O’Keeffe, who had been sexually abused by a teacher as a schoolgirl in the 1970s, lost her case for justice in the Irish High and Supreme Courts but finally found justice when the decision of the Irish courts was overturned by the European Court of Human Rights.

Although disgusting in the extreme it seems that this ‘legal arrangement’ is proving very useful to politicians and civil servants as a means of abdicating any responsibility whatsoever towards protecting children from abuse whether physical, sexual or intellectual.

Copy to:
Department of Education
Iona Institute
All political parties

Formal complaint:

10 April 2014

For attention of Minister for Education Ruairi Quinn

This is a formal complaint regarding a lecture delivered by the director of the Iona Institute David Quinn to a group of fifth and sixth year students earlier this month.

Mr. Quinn wrote about his lecture in an article in the Irish Catholic newspaper of 3 April last. The title of the article, which is provided in full below, is:

The atheist’s act of faith

The question of the origin of the universe isn’t a scientific one at all, but a philosophical and religious one.

My complaint is as follows:

Mr. Quinn’s lecture is based entirely on a falsehood; namely that the origin of the universe is not a scientific one at all but rather a philosophical and religious one.

There is an abundance of scientific evidence relating to the origin of the universe. Scientific discoveries such as background radiation, inflation and the recently discovered gravitational waves are all factual events that give the lie to Mr. Quinn’s claim that the question of the origin of the universe is not scientific.

Furthermore, Mr. Quinn’s claim that the question of the origin of the universe is a philosophical and religious one has no basis in fact whatsoever.

Despite centuries of philosophical and religious debate on the question of the origin of the universe not a single fact has been produced to confirm the myriad of speculative opinions emanating from that quarter.

In effect, Mr. Quinn was permitted to encourage students to ignore established scientific facts regarding the origin of the universe and instead accept that his Christian god created the universe.

It is unacceptable and indeed disturbing that somebody with a very strong religious bias like Mr. Quinn would be granted apparent unrestricted access to students to promote a religious viewpoint based on a falsehood.

It is unacceptable and indeed disturbing that any outside influence would be permitted apparent unrestricted access to students to promote a particular view without the long established safeguards of independent/objective supervision and the right to hear an opposing argument.

According to legislation the Board of Management of schools are accountable to the patron and to the Minister. This complaint is addressed to the Minister in this context.

Yours sincerely
Anthony Sheridan

Response from Department of Education:

Dear Mr Sheridan

I refer to your letter addressed to the Minister for Education and Skills.

While this Department sets out the constitution of Boards of Management and rules of procedure it is not directly involved in the management of schools. Under the provisions of the Education Act, 1998, the Board of Management is the body charged with the direct governance of a school. The schools Board of Management is accountable to the school Patron.

Accordingly, whereas the Department provides funding and policy direction for schools, the Department does not have the power to instruct schools to follow a particular course of direction with regard to individual complaint cases.

Religious Education is one of 33 Leaving Certificate subjects available to schools. The selection of text books and classroom resources to support the implementation of the curriculum is made by schools, rather than by the Department of Education and Skills or the National Council for Curriculum and Assessment.

The Office of the Ombudsman for Children may independently investigate complaints relating to the administrative actions of a school recognised by the Department of Education and Skills, provided the complainant has firstly and fully followed the school’s complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the administrative actions of a school has, or may have, adversely affected the child. The office can be contacted at: Ombudsman for Children’s Office, Millennium House, 52-56 Great Strand Street, Dublin 1; tel. 1800 20 20 40 or (01) 865 6800 or email oco@oco.ie.

I hope the information that provided is of assistance to you.

Yours sincerely,

My response to the Department of Education

28 May 2014

To Whom It May Concern:

Your response to my formal complaint concerning a lecture delivered to fifth and six-year students by the director of the Iona Institute David Quinn is a disgrace for the following reasons.

One: Apart from issuing meaningless bureaucratic waffle, the decision to do nothing will almost certainly result in some degree of damage to innocent children.

After decades of horrific child abuse the very least we could expect of officialdom is to make some enquiries into the matter. Given the history of child abuse in Ireland it is highly likely that the Iona Institute is not the only organisation that enjoys unrestricted access to preach religious and other damaging propaganda to children.

Two: Your indifferent response is a further disturbing reflection of how unprofessional civil servants have become. Scandal after scandal, on an almost weekly basis, gives witness to this decay of professionalism right across all departments.

Three: Your response is an insult to my intelligence. It is an obvious fact that the Department of Education is intimately involved in every aspect of education across all levels. It is also a fact that if you wished, you could easily carry out an investigation into this matter.

That you chose not to thus placing children in potential danger is a disgrace on you and your profession.

Yours etc.,
Anthony Sheridan

Let's give the Minister for Justice the benefit of the doubt – for now

The Minister for Justice Frances Fitzgerald was answering questions before the United Nations Human Rights Committee in Geneva today.

She told the committee that the Government would have an independent police authority in place by the end of the year. It should have been in place since 2005, after the Donegal Gardai corruption outrage but better late than never.

She also said that GSOC would have the power to independently initiate investigations without having to first ask the Minister for Justice. We’ll have to wait and see how that turns out.

On the issue of legislation in this area the Minister said:

The legislation was originally introduced in 2005 and was found to have these gaps in it so we are bringing in these changes later this year.

Let’s be kind to the new minister, let’s give her the benefit of the doubt by accepting that she has no idea of the dark reality lurking behind this legislation and how it’s linked to the Donegal Gardai corruption.

Let’s accept that she’s a political innocent when she speaks of ‘gaps’ as if the presence of these gaps were some sort of oversight by the politicians and civil servants who drew up the legislation in 2005.

Let’s accept she naively believes that the so-called gaps in the legislation were not deliberately designed to specifically ensure that the police and their political masters could continue to enjoy the benefits of operating far outside the requirements of public accountability as they have since 1922.

Let’s accept that she’s green enough to believe that her predecessor, Alan Shatter, would have introduced the current reforms even if the recent avalanche of corruption within the Gardai had remained hidden.

Let’s give her the benefit of the doubt – but only this time.

Professor O’Neill: Ambivalent on the Science v Religion debate?

Luke O’Neill, professor of biochemistry at TCD, was interviewed recently on the Pat Kenny Show.(2 July, part three: 6 min).

The question under discussion was:

What is religion and where did it come from? How and why did it evolve? Is there a scientific explanation or is science itself just another religion?

I am responding to the interview because professor O’Neill, like many scientists, is far too ambivalent when it comes to the conflict between science and religion.

My general impression of such scientists is that they are shy about upsetting believers and also exhibit a lack of confidence (perhaps even shame) in the achievements and power of science.

Professor O’Neill is a non-believer and is clearly on the side of science but his views/explanations/answers are far too soft on religion.

O’Neill’s attitude during the discussion strongly indicated that science is, in many ways, similar to religion. This is simply not the case and is, in my opinion, very destructive to the interests of science.

Before getting into analysis it will be useful to provide exact definitions of the subject matter under discussion.

Religion: The belief in and worship of a superhuman controlling power, especially a personal God or gods (Oxford English Dictionary).

Science: The intellectual and practical activity encompassing the systematic study of the structure and behaviour of the physical and natural world through observation and experiment (Oxford English Dictionary).

Pat Kenny: Can religion be explained in biological terms?

Professor O’Neill: All religions can be explained by science, they evolved. But remember, we’re not trying to explain god here, that’s a completely different issue entirely.

Analysis: Professor O’Neill is correct to say that the phenomenon of religious belief is evolutionary but he is wrong in claiming that the existence/explanation of god/s is a separate matter entirely.

This is akin to stating, for example, that the 1916 Rising is not relevant to Irish history.

The belief in a god/s lies at the core of religious belief. All religions act on and obey the diktats of their particular supernatural being. All religions defend their actions, no matter how horrific or benign on the rules and commands of their supernatural being.

‘Religions’ that do not believe in a supernatural being, for example, Buddhism, are not religions,they are philosophies of life.

Kenny: People of religious faith are more likely to behave better and have a healthier life.

O’Neill: Loads of studies show that if you’re religious it has a health advantage and people of religious faith are inclined to behave themselves more.

Analysis: I would be deeply skeptical of such studies and suspect that there are as many studies that show the opposite. My atheism has not damaged my health or my behaviour in any way whatsoever.

In fact, I strongly believe that I’m mentally, morally and physically better off as a result of not living my life under the negativity of superstition.

To suggest that hundreds of millions of non-believers live lives that are morally inferior to those who believe in god/s is ridiculous and insulting.

Indeed, it can be argued that non-believers are more moral because they are not subject to the superstitious/bizarre commands of their particular god/s.

Non-believers do not, for example, punish or even kill their fellow humans for believing in a rival god or printing a cartoon.

Kenny: Science is just another religion?

O’Neill: Science has many of the traits of religion, amazing as it may seem. Of course, science is not religion, it’s based on evidence but there are similarities between the two.

Analysis: This kind of ambivalence on the conflict between science and religion can be extremely damaging as it provides support for one of the favourite myths promoted by religious militants – that science is indeed just another religion.

There are no similarities whatsoever between science and religion. As the above definitions clearly demonstrate – science is about systematically studying the structure and behaviour of nature through observation and experiment – period.

Religion is belief in a supernatural power – period.

The clue can be found in the unbridgeable difference between the words ‘natural’ and ‘supernatural’.

Kenny: In Christian faith, man is very special. Do scientists believe that humankind is special?

O’Neill: Some of my colleagues do. We all think evolution was about generating us and it’s probably not true, it’s random. Most scientists would probably say our brains are very special and it may not be the case.

Analysis: All scientists, I suspect, believe that humans and particularly the human brain is very special and they are absolutely right, from a purely scientific point of view.

But very few scientists believe that that specialness is due to a god. I seriously doubt O’Neill’s claim that all scientists believe evolution was about generating humans. With very few exceptions, scientists would agree with the professor’s claim that the evolution of humans is entirely random.

Kenny: Science casts out its heretics?

O’Neill: This is very true. All great religions hate heretics; they burn them at the stake. Equally, if you step out of line as a scientist…you will be pilloried. We don’t like heretics; that’s very similar.

Analysis: A heretic is a person who does not conform to established religious dogma. The sometimes’ negative reaction of the scientific community to a scientist who challenges established practices/principles is nothing more than a deep psychological reluctance to let go of long favoured conclusions. There is a big difference between the two.

Kenny: Science reveres its own saints?

O’Neill: Yes, Darwin is a saint for many of us. Newton, Einstein, so we do have our saints as well, absolutely.

Analysis: Now I know that professor O’Neill doesn’t really believe that scientists such as Darwin and Newton are saints in a religious sense, or, at least I hope he doesn’t.

But his casual association of great scientists with the religious concept of sainthood is grist to the mill for those who actively work to blur the obvious difference between science and religion.

It is not uncommon to hear religious people defend their superstitions with the argument that science too is a religion with its own saints and priesthood.

Kenny: Science makes up stories to explain its origins?

O’Neill: Every religion has its origin myths. We don’t know how the universe started. So scientists would say membranes formed and banged off each other and these are myths of origin as well. If you get evidence for them you’re in a better place but we set out to invent these myths to explain.

Analysis: Scientists do not set out to invent myths to explain anything. Scientists operate under strict rules as follows:

Ask a question.
Do background research.
Construct a hypothesis.
Test your hypothesis by doing experiments.
Analyse your data and draw a conclusion.
Communicate your results so that other scientists can carry out independent tests in an effort to falsify your conclusion.

Again, the careless and dangerous association of religious superstitions with science by scientists likes professor O’Neill does serious damage to the progress of science and greatly encourages the religious fanatics.

Kenny: Most of science is unfounded?

O’Neill: This is not quite true; science looks for evidence. There’s evidence for evolution but there’s some aspects of the theory for which there’s no evidence but we still sort of believe in them.

Analysis: It is true that some aspects of evolution are questionable but again, scientists don’t ‘sort of believe in them’. They form hypothesis and test them.

Kenny: Science requires faith?

O’Neill: It’s not quite true but if you ask an average scientist, do you believe in the Theory of Relativity, he will say, yes and won’t have a clue. He will take it on faith from another scientist who does know. But still, many of us say we believe in X and we don’t know the evidence. So again, there’s a similarity, sort of.

Analysis: If you ask the average motorist, do you believe in the science that makes your car engine work, he will say yes, but won’t have a clue. It is the evidence he can see every time he drives his car and not (blind) faith that convinces him that the science is true.

When a scientist accepts the Theory of Relativity on the word of another scientist he is not engaging in an act of faith. He is already aware that there is a vast amount of evidence available if he needs to check it out further. He’s also aware that the entire scientific community accepts the theory for so long as the evidence remains unfalsified.

Having religious faith in something (and that’s the subject under discussion here) means accepting something, usually a fantastic claim, with no evidence whatsoever. Scientists (science) do not operate on faith in any manner or form.

Kenny: So it’s a leap of faith?

O’Neill: Yes, it’s a leap of faith but hopefully it’s based on evidence. But there’s still a leap of faith there, of sorts.

Analysis: No, there’s no leap of (religious) faith involved in science whatsoever. It’s all based on hypothesis/evidence/experiment and testing.

An act of faith means believing in something without empirical evidence. Religion operates within this fantasy realm; science does not.

The following will illustrate the difference:

Professor O’Neill is standing 50 yards from the edge of the Grand Canyon. A priest asks him to run and jump over the edge assuring him that god will keep him safe. To agree to this requires a leap of faith.

I’m also standing 50 yards from the edge with a scientist who asks me to do the same. However, prior to the request the scientist showed me and rigorously tested a safety net located five feet beneath the edge. To agree to this does not require a leap of faith; it simple requires trust in science.

Professor O’Neill is a non-believer himself so I’m pretty sure he’s not promoting a religious agenda.

What he is doing, I believe, is unwittingly giving succour to those who actively work to discredit science in order to promote the interests of their particular god.

A recent example will illustrate the point:

Last April, religious militant and director of the Iona Institute David Quinn delivered a lecture to fifth and sixth year students falsely informing them that the origin of the universe had nothing to do with science but was strictly a matter for religion/philosophy (See full article here).

It is obvious from reading the article that the lecture had nothing to do with proper education; it was not designed to inform students about the pros and cons of science and religion. It was nothing more than a blatant piece of religious propaganda directed at New Atheism and in particular Richard Dawkins.

Unlike professor O’Neill’s casual attitude towards the conflict between science and religion, Quinn is deadly serious in his campaign to discredit science in support of his particular god and if that means intellectually abusing children, then so be it.

If professor O’Neill were a regular scientist working away in his laboratory, his views on the science v religion debate would be a private matter for himself.

But professor O’Neill is not a private citizen in the sense that he regularly guests on media outlets and therefore has an influence on a multitude of people.

Sadly, I believe his interview with Pay Kenny has done some damage to the cause of combating religious superstitions through the progress of science.

Copy to:
Professor O’Neill
David Quinn
Pat Kenny Show

Joan Burton: Just another gombeen poltician

Joan Burton, just days into the office of Tanaiste, confirms that she’s nothing more than your average gombeen politician.

When asked about the suggestion that her deputy leader, Alan Kelly, should intervene in the Garth Brooks farce she said:

Ah…not intervene in terms of the decision of the (Dublin city) manager but help the manager and assist the manager if he is, if he has the capacity to review it.

This is pure, unadulterated gombeenism with echoes of mafia speak. When the law of the land becomes awkward officials are ‘requested to accept assistance’ in skirting around the problem.

Here are the facts:

There was an agreement that no more than three evening events a year would be staged at Croke Park. Those three events had already taken place by the time the Garth Brooks concerts were suggested.

Garth Brooks and the organisers responded to the massive public reaction to the concerts by adding on two more.

Dublin City manager Owen Keegan bent over backwards by allowing the initial three concerts to take place.

Garth Brooks reacted, probably out of greed, by threatening that if he couldn’t have five concerts, he wasn’t going to do any.

In other words, the typical schoolboy response – It’s my ball, so you have to play by my rules.

It was at this point that Ireland revealed its true character to the world.

Appeals to the White House, pleading with the Mexican ambassador, a stupid demand by independent TD Finian McGrath that Keegan should step down, political point scoring, calls to change the law to accommodate Brooks and so on.

To his great credit Owen Keegan stood his ground. He knows, I suspect, that if he caves in to the pressure he will be making a mockery of the planning laws, of his office and, ultimately, of the country.

It seems that Garth Brooks has learned, probably from previous visits to Ireland, that Irish law is not necessarily there for the public good. He seems to know that, unlike his own country where his arrogant/greedy behaviour would never be tolerated, the law in Ireland operates on a nod and wink basis depending on who and how much money is involved.

Joan Burton could have shown that she’s different, that she’s politician of substance. She could have issued a statement on the matter supporting Owen Keegan’s decision signaling to everybody, and in particular to her coalition partner, that the gombeen culture that has done so much damage to Ireland and its people was at its end.

Sadly, Burton is as lacking in courage and vision as the man she replaced.

The people of Ireland continue their long wait for real leadership.

Copy to:
Joan Burton