Unclas s ifie d ENV/EPOC/GEP(2014 )5

Organisation de Coopration et de Dveloppement

conomiques
Organisation for Economic Co-operation and Development
ENVIRONMENT DIRECTORATE ENVIRONMENT POLICY
COMMITTEE
Working Party on Environmental Performance
ENVIRONMENTAL PERFORMANCE REVIEW OF IRELAND
MID-TERM PROGRESS REPORT Paris, OECD, 26-28 March
2014
English - Or. English
This document has been prepared by the Irish Department
of the Environment, Community and Local Government. It
describes some of the main policy developments since the
last EPR of Ireland which was published in 2010, as well as
the actions taken by the Irish government to implement
the EPRs recommendations.
For more information, please contact Mr. Brendan
Gillespie, Head, EPI Division Environment Directorate,
Brendan.Gillespie@oecd.org
Complete document available on
OLIS in its original format
This document and any map included herein are without
prejudice to the status of or sovereignty over any territory,
to the delimitation of international frontiers and
boundaries and to the name of any territory, city or area.
ENV/EPOC/GEP(2014)5
English - Or. English
Unclassified
ENV/EPOC/GEP(2014)5
TABLE OF CONTENTS
EXECUTIVE
SUMMARY ............................................................................
.................................................3
ENVIRONMENTAL
MANAGEMENT......................................................................
...................................6
Recommendations on Strengthening the Implementation
of Environmental Policies.................................6
Recommendations on Air Quality
Policy ...................................................................................
...............13 Recommendations on Water

Policy....................................................................................
.......................23 Recommendations on Waste
Policy....................................................................................
.......................28 Recommendations on Nature
Management .......................................................................
........................32
TOWARDS SUSTAINABLE
DEVELOPMENT......................................................................
...................37
Recommendations on Integrating Environmental Concerns
into Economic Decisions ............................37
Recommendations on Integration of Environmental and
Social Decisions...............................................41
INTERNATIONAL COMMITMENTS AND COOPERATION................................................................46
APPENDIX 1: WEBSITE
LINKS ...................................................................................
.............................52
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EXECUTIVE SUMMARY
1. The OECD Environmental Performance Review of Ireland
in 2009, made thirty-eight recommendations intended to
contribute to further environmental progress in Ireland.
This mid-term review provides a timely opportunity to take
stock of the progress made and the challenges which
remain.
2. Significant progress has been made across a range of
environmental policy areas. Actions have included the
reform of the waste sector, reform of the water sector and
planned introduction of domestic water charge,
introduction of a carbon tax, and substantial reform of the
local government system.
3. Notwithstanding the recent economic difficulties faced
by Ireland, environmental matters continue to be very
much on the agenda. Although protection of the
environment may face many challenges during an
economic recession, it has been recognised by both
government and industry that these challenges are
interlinked and can also bring opportunities. The concept
of a green economy and green growth has helped
identify areas where the development of clean and
green technology, innovation and products can yield

dividends.
Waste Management
4. There are significant on-going changes in relation to the
waste management regime. A new waste management
policy was published in June 2012. The number of waste
management planning regions has been reduced from 10
to 3 in order to facilitate more effective and efficient waste
management planning. A review of enforcement
structures has also been carried out and new consolidated
enforcement structures are under consideration.
5. A wide ranging review of existing producer
responsibility initiatives (PRIs) was initiated in 2012 to
assess the nature and level of challenges facing current
agreements in relation to the management of the various
waste streams. The findings and recommendations of the
review are forming the basis for further developments in
this area.
Climate change and greenhouse gas emissions
6. A Carbon Tax was introduced in 2010 on CO2 emissions
from the non-traded sectors of the economy, with the aim
of integrating climate change into the annual fiscal
budgetary process and changing behaviour to reduce our
greenhouse gas emissions. The rationale of the Carbon Tax
is to change the relative price of fuels based on CO2
emissions in order to change consumption patterns,
encourage efficiency and lead to an improvement in
environment quality.
7. The Carbon Tax is an example of the effective use of
environmental taxes for revenue-raising purposes. The
scope for action on taxation over the short to medium
term is limited by the budgetary constraints currently
facing Ireland; however the implementation of the Carbon
Tax has helped avoid some increases in other areas of
taxation and is nevertheless a comprehensive tax reform.
Irelands National Sustainable Development Strategy sets
out a longer term aim of having a tax system which is
sustainable both from the standpoint of raising revenue
and supporting national development.
8. The National Climate Change Adaptation Framework
was published by the Minister for the Environment,
Community and Local Government in December 2012. It is
guided by the EU policy framework on climate change and

provides an overarching policy framework to ensure

adaptation measures are taken across different sectors
and levels of government to manage and reduce Ireland's
vulnerability to the negative impacts of climate change.
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Water
9. A fundamental reform of the water services sector has
seen the introduction of a new public utility Irish Water
which has assumed responsibility for the provision of
water services from the beginning of this year, which will
lead to increased efficiencies and infrastructure in this
area. A programme of installation of domestic water
meters is underway and domestic water charging will
commence at the end of the year. The Commission for
Energy Regulation has been given responsibility for the
independent economic regulation of the water sector as
well as responsibility for representing the interests of
customers.
Local Government Reform
10. The Local Government Reform Act 2014 provides for
one of the most radical changes to the local government
system in Ireland. This will involve the merging of certain
city/county councils in order to reduce the number of
these and will also introduce a comprehensive system of
local governance at sub- county level, with municipal
districts in place of town councils. These changes will
foster meaningful decision making at a devolved level as
well as introducing efficiencies and cost savings.
Planning and Development Reform
11. A comprehensive review of planning legislation and
national-regional-local co-ordination culminated in the
Planning and Development (Amendment) Act 2010, which
introduced a number of new measures including a core
strategy system to better ground local planning around
agreed national and regional estimates of future
development requirements.
12. The introduction of a requirement to include a core
strategy in development plans is intended to secure a
strategic / phased approach to zoning which will facilitate
infrastructure provision showing the location, quantum

and phasing of proposed development (with links to

housing strategies, retail policies, transport plans, new
schools provision etc.) and demonstrating policy
consistency within each region.
Sustainable Development
13. Irelands revised National Sustainable Development
Strategy - Our Sustainable Future: a Framework for
Sustainable Development in Ireland - was launched in
June 2012. It sets out the roadmap for a holistic policy
framework with sustainable development at its heart. The
document identifies 70 cross cutting measures to be put
into effect. Some of the measures already implemented
include, inter alia, the development of a national policy on
waste management, the establishment of Irish Water, a
65 million programme of investment to promote
sustainable travel, publication of a Government policy
statement on growth and employment in the green
economy, and publication of an action plan on green
public procurement.
Public Participation
14. The Aarhus Convention on Access to Information,
Public Participation in Decision-Making and Access to
Justice in Environmental Matters was ratified in June 2012
and all of its provisions fully implemented into national
law. The introduction of the Environment (Miscellaneous
Provisions) Act 2011 addressed the issue of costs in
certain proceedings, which were previously a barrier to
ratification.
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Environmental Legislation and Compliance
15. The Environmental Protection Agency, in conjunction
with the Department of the Environment, Community and
Local Government, is progressing a range of initiatives
which will help to simplify and clarify the requirements of
environmental regulations and which will help to promote
better compliance.
16. A dedicated environmental compliance unit within the
Department of the Environment, Community and Local
Government, has been established which has seen a
significant reduction in the number of outstanding EU
infringement proceedings in relation to environmental
issues.

17. Overall, Ireland is meeting the challenges and

harnessing the opportunities presented by its economic
landscape. While every goal has not yet been met, this
mid-term review demonstrates a substantial measure of
progress and details initiatives in their early stages which
allow us to look forward with optimism towards our next
Environmental Performance Review.
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ENVIRONMENTAL MANAGEMENT
Recommendations on Strengthening the Implementation
of Environmental Policies
Recommendation 1
Maintain the Commitment to meet the objectives in the
main environmental policies and programmes, in spite of
the difficult economic context, by increasing costeffectiveness of environmental policies and providing
adequate funding for environmental infrastructure
The 2009 Environmental Performance Review of Ireland
took place against the backdrop of the global financial
crisis and significant economic contraction. Ireland was
impacted domestically by a large decline in construction
activity, and international trade was impacted by the poor
performance of the global economy. The period of financial
instability has brought value-for-money into sharp focus,
and this has been a significant consideration for all policy
areas. Despite constraints on public finances, significant
progress has been made across a range of environmental
policy areas
In respect of environmental management, harmonisation
of Irish environmental legislation with EU directives was
identified as a key challenge, and considerable progress
has been made with the establishment of a dedicated
environmental compliance unit with the Department of the
Environment, Community and Local Government which
has seen a reduction of infringement proceedings from 34
in 2009 to only 9 today. Improved information sharing,
policy coordination and environmental policy guidance
across policy actors has been facilitated through the
development of initiatives such as the Environmental Data
Exchange Network, regular judicial information sessions on

environmental law and an ambitious environmental

research programme driven by the Environmental
Protection Agency (EPA). The administrative and legal
framework underpinning implementation of the
Environmental Impact Assessment Directive has been
strengthened through a range of measures including new
primary legislation provisions which govern the
appropriate assessment of plans and projects.
Waste management regimes are being overhauled, with
the number of waste management planning regions being
reduced from ten to no more than three. The roles of
different front-line enforcement structures have been
reviewed and the recommendations of a multi-stakeholder
working group are being considered, including the creation
of regional waste enforcement teams. The extension of
waste segregation facilities was highlighted in the
recommendations of the 2009 OECD review, and collection
programmes are being extended as part of the European
Union (Household Food Waste and Bio-Waste) Regulations
2013. By July 2016, waste collectors must provide a
separate collection for food waste in agglomerations of
greater than 500 persons. This builds on the commercial
food waste regulations which were introduced in 2009.
In the area of air quality, NOx emissions were highlighted
as being stubbornly slow to reduce to within the limits
specified in the National Emissions Ceiling Directive. The
adoption of abatement technology, particularly in the
power generation sector, has driven a reduction of 16% in
emissions between 2009 and 2012. The completion of the
retrofitting of the coal-fired Moneypoint power plant
another recommendation from the 2009 OECD review
has been particularly influential. Transport-related
emissions are being targeted through the Department of
Transport, Tourism and Sports Smarter Travel Policy, which
seeks to change commuting patterns towards cycling or
walking.
The Stockholm Convention on POPs was ratified in August
2010 and came into force the following November. The
ratification of the Aarhus Convention protocol on Heavy
Metals was delayed by amendments to the protocol in
2012, but the main barrier to ratification the need for
Heavy Metal

6
inventories has been addressed and there is now no
legal impediment to its ratification. The Aarhus Protocol on
POPs is expected to be ratified before the end of 2014.
Water policy has seen a major change through the
establishment of Irish Water, a public utility which has
assumed responsibility for water services provision since
the beginning of 2014. It is expected that more than 1
million domestic properties will have meters installed by
2016, facilitating the introduction of water charges based
on usage. The Commission for Energy Regulation has been
given statutory responsibility for independent economic
regulation of the water sector as well as responsibility for
representing the interests of customers
Implementation of the Water Framework Directive (WFD)
has been advanced in consultation with the European
Commission and it is intended to agree an implementation
programme, including a legislative timetable, in early
2014. A new three-tiered governance arrangement for
river basin management and implementation of the WFD
has been agreed in principle
Guidelines have been developed to provide a more
comprehensive approach to the integration of flood risk
into planning policy, taking account of environmental
considerations including adaptation to climate change,
biodiversity, and the Water Framework Directive. The
Guidelines ensure a more consistent, rigorous and
systematic approach to flood risk assessment and
management in the planning system which involves a
comprehensive consideration of flood risk in preparing
regional plans, development plans and local area plans
and in determining applications for planning permission in
line with the principles of proper planning and sustainable
development.
Nature management, in particular the conservation of
ecosystems and species, was identified as needing
attention in the 2009 OECD review. To address this
concern, biodiversity and nature conservation are central
to the statutory local area planning guidelines which were
published by the Department in 2013. In addition, a
process for setting detailed site-specific conservation
objectives for Natura 2000 sites is now in place in order to

facilitate appropriate assessment of plans or projects that

may impact on these sites. It is also part of the
management planning process for them. By January 2013,
detailed site-specific conservation objectives have been
published for 69 Natura 2000 sites and this work is ongoing.
A Carbon Tax was introduced with the aim of integrating
climate change into the annual fiscal budgetary process
and changing behaviour to reduce our greenhouse gas
emissions. The introduction of a Carbon Tax in 2010 has
been the main achievement in respect of the goal of
integration of environmental concerns into economic
decisions.
The Aarhus Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in
Environmental Matters was ratified in June 2012 and all of
its provisions fully implemented into national law.
Recommendation 2
Maintain recent efforts towards harmonisation of Irish
environmental legislation with EU Directives and promote
implementation, particularly regarding environmental
impact assessment.
Environmental Infringements
Ireland has prioritised the issue of EU infringements and
timely transposition of EU Directives and substantial
progress has been made. There are currently 9 open
infringement cases relating to the environment which are
being managed by Government Departments. This is a
significant improvement from the situation in 2009 when
there was 34 open cases.
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The Department of the Environment, Community and
Local Government established a dedicated Environmental
Compliance Unit to engage pro-actively with the EU
Commission with the aims of reducing the number of live
infringements as well as ensuring a more consistent and
co-ordinated response to cross-cutting infringements,
involving other Departments and Agencies.
The Unit also focusses on the timely and comprehensive
transposition of EU environmental legislation, and Ireland

is now among the top Member States in terms of timely

transposition of new Directives.
There continues to be active engagement with
environmental NGOs, and this has been further progressed
through the establishment of the Environmental Law
Implementation Group which aims to assist in the
protection and enhancement of Irelands environment by
seeking to improve the transposition, implementation and
enforcement of environmental law through better
communication between policy makers, implementing
authorities and Environmental NGOs.
Environmental Impact Assessment
The administrative and legal framework underpinning
implementation of the EIA Directive has been
strengthened in Ireland through a range of measures
including:
New primary legislative provisions governing, inter alia,
substitute consent process, appropriate assessment of
plans and projects and regulation of quarries
Substantial secondary legislation particularly to address
issues arising in the context of cases dealing with
infringements of EU legislation
Publication of various guidelines including Guidelines for
Planning Authorities and An Bord Pleanla (Planning
Board) on carrying out Environmental Impact Assessment.
The Guidelines aim to produce greater consistency in the
procedures adopted by competent authorities and also to
assist developers, EIA practitioners, NGOs and other
participants in the planning process.
Recommendation 3
Consider how best to consolidate environmental
regulations into a coherent framework with the aim of
simplifying and clarifying requirements and promoting
better compliance.
The need to consider a wider review of environmental
governance in Ireland was one of 58 recommendations
arising from a comprehensive review of the Environmental
Protection Agency in May 2011. The various
recommendations are being followed up in the context of
an implementation plan which was published in January
2012. On-going reform of the local government sector and
the recent establishment of Irish Water will contribute to

improvements in environmental governance.

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The Environmental Protection Agency, in conjunction with
the Department of the Environment Community and Local
Government, is progressing a range of initiatives which
will help to simplify and clarify the requirements of
environmental regulations and which will help to promote
better compliance. These include:
A review of the EPAs enforcement policy, and
comparison with best practices internationally.
A new Enforcement Policy and Better Regulation Policy
will be published by the EPA in 2014.
Information sessions for the judiciary on a range of
issues relating to environmental governance and, in
particular, civil and criminal liability for breach of
environmental law.
Development of the EPAs Research programme (20142020) in conjunction with relevant stakeholders. The
research programme is organised in accordance with 3
pillar areas: Climate Change, Water and Resource
Efficiency. The identification of research priorities in each
of these areas is supported by co-ordination groups
involving relevant Departments and Agencies. This will
help to ensure a coherent and co-ordinated approach to
environmental research in support of future policy
development. The Draft Research programme was
published for public consultation in 2013 and will be
finalised in early 2014.
Continued development of the Environmental Data
Exchange Network (EDEN) which enables electronic
reporting to the EPA. EDEN now has more than 3,500 users
including both private enterprises and public bodies. Users
can now complete the majority of their reporting via EDEN,
including incident notifications. In the last year, systems
for managing domestic waste water system inspections
and bathing water reporting and management have been
expanded.
Collaborative work spaces have been developed to
enhance the environmental enforcement network (NIECE)
and the Aarhus Convention user group (Environlink).
Increased requirements for consultation between the
Planning Authorities and the EPA, in relation to

Environmental Impact Assessments in the areas of

IPPC/IED and Waste.
Improved coordination of the respective roles of the EPA
and the National Parks and Wildlife Service in relation to
biodiversity monitoring, which will be facilitated through a
Memorandum of Understanding, building on ongoing
cooperation in areas such as Appropriate Assessment,
habitat mapping and research.
Publication in July 2013 of the EPAs Guidance on the
Management of Contaminated Land and Groundwater at
EPA Licensed Sites.
Publication, for public consultation, of Draft Guidance on
Assessing and Costing Environmental Liabilities. The
consultation process was completed in 2013, and the
guidance will be finalised in 2014.
Updating of guidance on both Environmental Impact
Statements (EIS) and Strategic Environmental Assessment
(SEA). These are being updated to take greater account of
human health issues and to reflect any changes since the
existing guidance material was produced.
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Recommendation 4
In the context of the on-going review of local governance,
examine the environmental responsibilities of different
administrative levels to identify opportunities for better
co-ordination, economies of scale and improved policy
development and implementation, e.g. as regards
provision of water services and establishment of waste
management infrastructure
Reorganisation of Local Government Structures
The most radical change to the structure of local
government in Ireland in over a century is being
introduced in accordance with the Local Government
Reform Act 2014. This involves, inter alia, the merger of
certain city and county councils, and the introduction of a
comprehensive system of sub-county governance, with
municipal districts in lieu of town councils. The reforms will
take effect from 1 June 2014, following local elections in
May.
The new arrangements are intended to improve

operational efficiency and value for money, to reduce

layers of administration and duplication of activity and to
free resources for the delivery of front-line services for the
social, economic, and environmental benefit of
communities.
This system of municipal districts is designed to enhance
democratic governance, subsidiarity and accountability
and from an environmental perspective, this will provide a
more holistic approach to environmental management and
performance at sub-county level.
New Regional Waste Management Planning Structures
The Governments policy document on Waste
Management - A Resource Opportunity published in June
2012, includes an action to reduce the number of waste
management planning regions from ten to no more than
three, with the intention of facilitating more effective and
efficient waste management planning.
In June 2013 the County and City Managers Association
confirmed the composition of the three new Waste
Management Planning Regions - which correspond with
the regional structures set out in the Governments Action
Programme for Effective Local Government. A lead local
authority has been nominated in each region to take
responsibility for delivering on Waste Management
Planning obligations.
The regions are supported in meeting their Waste
Management Planning obligations by a National Coordination Committee, which provides a platform for the
sharing of information and experience. The Committee
comprises the three lead authorities, the Environmental
Protection Agency (EPA), the National Waste Collection
Permit Office (NWCPO) and the National Transfrontier
Shipment Office (NTFSO), and is chaired by the
Department of the Environment, Community and Local
Government.
Review of Waste Enforcement Structures
The Governments policy document on Waste
Management also contains a commitment to review the
respective regulatory and enforcement roles, in respect of
waste, of the local authorities and the Environmental
Protection Agency (Office of Environmental Enforcement).
In early 2013, the Enforcement Structures Working Group

was established to carry out the review; to examine

current enforcement structures, to identify the existing
strengths and weaknesses and to make recommendations
for the future. The group is comprised of representatives
from the local authorities, the regional waste management
offices, the Environmental Protection Agency (EPA), the
National Transfrontier Shipment Office (NTFSO), the
National Waste Collection Permit Office (NWCPO) and An
Garda Sochna (Police).
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The group has produced a set of recommendations which
includes a lead authority approach to enforcement
supported by a National Steering Group. This would
involve consolidating waste enforcement functions to 3
regional waste enforcement teams. In addition a National
Steering Group would also be established with a focus on
organised and serious criminal activity in the waste area
and on supporting the work of the lead authorities. The
recommendations are currently being considered by the
City and County Managers Association.
Recommendation 5
Review the Irish National Roadmap for the Implementation
of the EU Environmental Technologies Action Plan, building
on current initiatives, with a view to strengthening
incentives for eco-innovation
Eco-Innovation Action Plan Innovation for a Sustainable
Future
The Commission launched Innovation for a Sustainable
Future The Eco-innovation Action Plan (EcoAP) - on 15
December 2011. EcoAP will link in to the wider EU2020
strategy/framework and will succeed the current
Environmental Technologies Action Plan (ETAP). Given the
switch over to EcoAP, a review of the EU Environmental
Technologies Action Plan was not required at European
level in the period to date.
It is envisaged that the European Commission and
Member States will provide strong governance for ecoinnovation policies via a dedicated High-Level Working
Group. The Commission and Member States will also
coordinate national and EU policies on eco-innovation, for
example by identifying and exchanging information on
good practice. A range of useful tools will be available to

them, including Eco- innovation National Roadmaps and

Eco-Innovation Fora. An Eco-innovation Scoreboard will
gather data on eco-innovation performance across the EU
and beyond, thus helping to monitor and evaluate
progress made by 2020.
Many of the Action Points in EcoAP will develop in the
medium to long term (Horizon 2020 will come into effect
in the 2014- 2020 time period). The majority of the actions
will also be driven by the Commission.
Ireland, like all EU Member States, has significant
environmental obligations in the areas of climate change,
water management, waste management and protecting
our natural environment. Industry in Ireland must adhere
to a range of obligations in all of these areas.
Sustained and targeted environmental policy-supporting
research, that develops new technologies or more efficient
methods to discharge these responsibilities, is absolutely
vital if the State is to assist businesses in achieving the
economic growth essential for Irelands recovery.
In undertaking a recent National Research Prioritisation
Exercise (2012), policy-supporting environmental research
was identified as a key cross-cutting area for future public
R&D investment to enable Ireland to address these key
challenges, support sustainable economic growth and
brand Ireland as a leader in green economic development.
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Fourteen priority areas of research were identified in the
exercise as particularly relevant for developing the green
economy. These areas include:

The
Areas, in
Sustainable Food Production & Processing Marine
Renewable Energy
Smart Grids & Smart Cities
Manufacturing Competitiveness
Processing Technologies & Novel Materials

prioritised areas of environmental research are very much

aligned with the Horizon 2020 Priority particular, Societal
Challenge 5: Climate action, resource efficiency and raw
materials.
Environmental policy-supporting research has already
been critical in improving Irelands ability to negotiate
successfully at IPCC, UNFCCC and EU level and has in
addition produced significant savings for industry and the
State, e.g., savings of more than 50m in meeting costs
associated with greenhouse gas emissions targets and
avoidance of ECJ fines in a number of cases against
Ireland.
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Recommendations on Air Quality Policy
Recommendation 6
Implement additional measures to reduce NOx emissions
in order to achieve current and forthcoming NEC Directive
requirements; consider how these requirements could be
achieved most cost-effectively among the relevant
sectors.
National Emissions Ceiling Directive
Under the National Emissions Ceiling (NEC) Directive
2001/81/EC, Member States are required to limit their
annual national emissions of nitrogen oxides (NO)) to
amounts not greater than the emissions ceilings laid down
in Annex 1 of the Directive, by the year 2010 at the latest,
and each year after 2010. Emissions of NOx are
responsible for long-range transboundary air pollution.
NOx contributes to acidification of soils and surface
waters, tropospheric ozone formation and nitrogen
saturation in terrestrial ecosystems.
The NEC Directive gives effect to the CLRTAP Gothenburg
Protocol, which set the same ceiling for NOx reductions.
The NEC Directive was transposed in Ireland by the
National Emission Ceiling Regulations (S.I. No. 10 of 2004).
Irelands national emission ceiling for NOx under the NEC
Directive and Gothenburg Protocol is 65 kilotons (kt), to be
achieved by 2010 and in each year after 2010. This is
equivalent to a 49% reduction from the 1990 baseline
level of 128.2 kt NOx.
Trend in NOx Emissions
The transport sector, which mainly consists of road

transport, is the principal source of NOx emissions in

Ireland, contributing approximately 51% of the total in
2012. The industrial and power generation sectors are the
other main source of NOx emissions, with contributions of
14% and 15%, respectively in 2012. The remainder of NOx
emissions emanate from the residential/commercial and
the agriculture sectors, which together produced around
18% of the total in 2012.
EPA figures show that Irelands NOx emissions in 2012
were 71.2 kt, which exceeded the 2010 ceiling by 6.2 kt.
This amounted to a 3.3% increase on 2011 levels due to
an increase in emissions from the Moneypoint coal fired
power station and an increase in cement production. This
was the first increase in NOx emissions since 2005.
Nonetheless, the 2012 figure represents a 44% reduction
in NOx emissions as compared to the 1990 baseline level
and most of this decrease (32.9 kt, or 32%) has been
achieved since 2008.
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Progress toward the ceiling of 65 kt for NOx in 2010 and
beyond has proved difficult even with large reductions in
emissions from power stations and road transport in
recent years.
The reductions in emissions from power stations were
achieved due to improved abatement in Moneypoint and
several other major power stations. The application of lowNOx burner technology and the increased use of natural
gas have reduced NOx emissions from electricity
generation by 78% on 1990 levels, even though electricity
total final consumption has increased by 104% over the
same period. Between 2011 and 2012 there was a 29%
increase in NOx emissions from power generation due to
an increase in emissions from the Moneypoint coal fired
power station, which reflects low coal and carbon prices.
The increase in vehicle numbers and in road transport in
general sustained emissions of NOx through the period
2000 to 2008. However, road transport has seen a decline
in emissions of 9.2 kt, or 23%, between 2008 and 2012
due to the economic recession and improvements in
vehicle technologies. The 2010 ceiling was set with the

expectation that vehicle abatement technologies (Euro

Standards) introduced in the last decade should have
resulted in a more significant lowering of emissions from
the road transport sector. However, the abatement
technology did not perform as expected under real world
conditions. National estimates have shown that if these
technologies had performed to the expected standard
then this would have resulted in a further 9kt reduction in
NOx emissions, which would have brought Irelands
emissions below the 2010 ceiling.
The NOx figures are adjusted for fuel tourism i.e. the
impact on emissions of fuel sold in the Republic of Ireland
for consumption across the border in Northern Ireland is
removed as allowed for under the Guidelines for Reporting
Emission Data under the CLRTAP. Fuel tourism accounted
for 2.6 kt of NOx in 2012.
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New NEC Directive Proposal for 2020 and 2030
The proposed NEC Directive, published by the EU
Commission in December 2013 as part of the Clean Air
Policy Package, will give effect to pollutant ceilings for
2020 that have already been agreed under the revised
Gothenburg Protocol. Irelands 2020 ceiling for NOx has
remained fixed at the 2010 level of 65 kt.
The acknowledgement by the Commission that further
reductions of NOx emissions beyond the 2010 ceiling are
not feasible is most welcome and represents a very
favourable outcome for Ireland. This recognises that there
was no failure at national level to implement abatement
policies and measures towards meeting the 2010 NOx
ceiling. Both the revised protocol and the proposed
Directive introduce a flexibility mechanism to allow a
country to take account of unanticipated events (e.g.
failure of Euro Standards) beyond their control that cause
an exceedance of the ceilings.
The proposal for the new Directive includes additional,
more ambitious pollutant ceilings to be attained by 2030.
The proposed new 2030 NOx ceiling for Ireland is 31.9 kt,
or a 75% reduction below the 2005 baseline. This figure
remains subject to further negotiation. DECLG will shortly
initiate a consultation process with other Government
Departments on the proposed new NEC Directive and

other elements of the Clean Air Policy Package.

Smarter Travel
Although technological advances in the future may lead to
lower NOx emissions from road transport, this will take
time to have impact. The Department of Transport Tourism
and Sports Smarter Travel Sustainable Transport Policy
recognises that continued growth in demand for road
transport is not sustainable from a number of
perspectives; i.e., it will lead to further congestion and
further local air pollution and it will contribute to global
warming, and result in negative impacts to health through
promoting increasingly sedentary lifestyles.
The policy sets out the necessary steps to ensure that
people choose more sustainable transport modes such as
walking, cycling and public transport, while also
recognising the vital importance of continued investment
in transport to ensure an efficient economy and continued
social development. The policy targets approximately
400,000 people who travel 4 kilometres or less to work or
school or college by car every day in Ireland, seeking to
change commuting patterns in favour of cycling or
walking. Even a small percentage change would yield
significant improvements in air quality and economic
benefits from the improved efficiency in the movement of
goods. Smarter Travel is promoted in schools through the
Green Schools programme.
Recommendation 7
Complete retrofitting of the coal-fired Moneypoint power
plant to reduce SO2 emissions; carry out further
investment in combined heat and power installations in
the industrial, commercial and service sectors; and ensure
compliance of large combustion plants with requirements
of the National Emissions Reduction Plan.
The environmental retrofit at Moneypoint was completed
in 2008. It entailed the retrofitting of end of pipe
abatement technology of both NOx and SO2. Selective
catalytic reduction (SCR) was installed for NOx abatement,
and flue gas desulphurisation (FGD) for SO2. It has
resulted in substantial reductions in emissions of both
pollutants as evidenced by the figures below.
15
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ENV/EPOC/GEP(2014)5
Table 1. Emissions of SO2 and NOx from Moneypoint Power
Station
Combined Heat and Power (CHP) in Ireland.
The installed capacity of CHP in Ireland at the end of 2012
was 330 MWe1 (325 units), of which 306 MWe (243 units)
was operational. Natural gas was the fuel of choice for 206
operational CHP units in 2012. Oil products made up the
next most significant share with 20 units while biogas
accounted for 13 units. The remainder was biomass and
solid fuel with 2 units each. Natural gas fuelled 282 MWe
of the operational capacity in 2012. Oil products fuelled
7.7 MWe, biogas 5.8 MWe, biomass 5.4 MWe and solid fuel
was used by the remaining 5.2 MWe.
Biomass and bioenergy CHP, as renewable energy
sources, can be counted towards Irelands renewable
energy targets. There are a large number of relatively
small units in the services sector. The services sector
accounted for 83% of the units and 14% of the installed
capacity. Within the services sector hotels account for the
majority (32%) of units while the leisure subsector (which
includes swimming pools, leisure centres, gyms, etc.) is
the second largest at 15%. The food and beverages subsector contains the largest number of units in industry
with 44% of units and 25% of industrial operational
capacity. In 2012, 7.6% of Irelands electricity was from
CHP installations, compared with 7.0% in 2011. In 2012,
there were 12 units exporting electricity to the grid. These
units exported 1,430 Gigawatt Hours (GWh) of electricity
in 2012, an increase of 6% on 2011.
In 2012 CHP installations met 6.6% of Irelands total
thermal energy demand. The useful heat output was
estimated at 98% of the total heat generated by CHP
plants in 2012. In 2012, fuel input increased by 11.6%,
estimated useful heat output increased by 13.6% while
electricity output increased by 7.8%. The overall stock of
CHP installations has become more efficient, increasing
from 76% in 2001 to an efficiency of 83% in 2012. The use
of CHP in 2012 avoided 511 kilotons of CO2 emissions
when compared with separate electricity and heat
production. CHP units that are part of the EU Emissions
Trading Scheme made up 10% of the units but almost 80%

of operational capacity in 2012. There was a primary

energy saving of 25% or 2,194 GWh from CHP plants in
2012 compared to separated heat and electricity
production.
The National Emission Reduction Plan.
Ireland has opted to develop a national emissions
reduction plan (NERP) under Article 4 (6) of the Large
Combustion Plants Directive (2001/80/EC) to address
emissions from existing plant as defined in the Directive.
The NERP sets ceilings for emissions of SO2 and NOx
which are significantly more ambitious than the minimum
requirements of Directive 2001/80/EC. In the period from
2008 - 2016, the NERP is 27% more ambitious for SO2 and
46% more ambitious for NOx emissions. The NERP
provides flexibility for plant operators to identify the most
cost effective abatement options available, across a
portfolio of plant, while still achieving the environmental
objective of Directive 2001/80/EC. The closure of older
inefficient plants has been hastened by fuel costs and
dependency on oil. The plants operating under the NERP
have reduced emissions and complied with the caps
required by the NERP by a considerable margin.
1 MWe = Megawatt electrical, which refers to electric
power generated 16
Year
SO2 Emissions
Kilotons
NOx Emissions
Kilotons
2005
29,190
20,953
2012
7,946
6,355
Recommendation 8
Table 2. 2012 National Emissions Reduction Plan
Ratify the Stockholm Convention on POPs and the Aarhus
Convention protocols on POPs and heavy metals.
Stockholm Convention
The Stockholm Convention on Persistent Organic

Pollutants (POPs) is a global treaty that commits

governments to protect human health and the
environment by restricting and, where feasible,
eliminating the production and environmental releases of
POPs. The Convention entered into force in May 2004. The
Convention originally listed 12 POPs but has since been
expanded to 22 by agreement at the Conferences of the
Parties in 2009 and 2011.
Exposure to POPs can lead to serious human health
effects, including certain cancers and damage to the
nervous and immune systems. POPs are substances that
persist in the environment and can be transported across
international boundaries far from their sources, even to
regions where they have never been either produced or
used. Given their long range transport potential, no
Government acting in isolation can fully protect its citizens
or environment from POPs.
The Stockholm Convention was given effect in the EU
through Regulation on Persistent Organic Pollutants, (EC
850/2004). This Regulation complements earlier
Community legislation on POPs and aligns it with the
provisions of the Convention. The Regulation contains
provisions regarding production, placing on the market
and use of chemicals, management of stockpiles and
wastes, and measures to reduce unintentional releases of
POPs. Furthermore, Member States must set up emission
inventories for unintentionally produced POPs, national
implementation plans (NIPs) and monitoring and
information exchange mechanisms.
The Persistent Organic Pollutant Regulations 2010 (S.I. No.
235 of 2010) give effect at national level to Regulation
(EC) 850/2004. This provided the legal basis to ensure the
effective implementation of Irelands obligations under the
Convention. Ireland subsequently ratified the Stockholm
Convention on 5 August 2010. The Convention entered
into force in Ireland on 3 November 2010. The Regulations
designated the Environmental Protection Agency, given its
specialised expertise, as the competent authority for the
control of production, placing on the market and use of
POPs in Ireland.
Irelands National Implementation Plan (NIP) under the
Stockholm Convention was finalised by the EPA following a

comprehensive public consultation process, and was

submitted to the Secretariat of the Stockholm Convention
on 2 November 2012. The plan includes an assessment of
historical and current use of POPs in Ireland, monitoring of
POPs in food and the environment, and sets out how
Ireland is meeting its obligations under the Convention
including measures to manage and control POPs. There
will also be ongoing environmental monitoring and
enforcement activities as well as further work to improve
data sets. Measures to further reduce releases of
unintentional POPs and to increase public awareness are
also described in the plan. It will be further updated as
necessary to reflect the latest scientific understanding and
decisions made by the Irish Government or by the
Conference of the Parties.
17
ENV/EPOC/GEP(2014)5
NOx
SO2
Dust
NERP Emissions
7,072
9,695
299
NERP Caps
17,267
21,039
1,759
NERP Overachievement
10,195
11,344
1,460
ENV/EPOC/GEP(2014)5
Aarhus Convention Protocols on POPS and Heavy Metals
Heavy Metals Protocol
The Protocol on Heavy Metals was adopted on 24 June
1998 in Aarhus. It targets three particularly harmful
metals: cadmium, lead and mercury. Parties are obliged to
reduce their emissions of these three metals below their
emission levels in 1990 (or an alternative year between
1985 and 1995). The Protocol aims to cut emissions from

industrial sources, combustion processes and waste

incineration. It lays down stringent limit values for
emissions from stationary sources and suggests best
available techniques (BAT) for these sources. The Protocol
requires Parties to phase out leaded petrol. It also
introduces measures to lower heavy metal emissions from
other products, such as mercury in batteries, and proposes
the introduction of management measures for other
mercury-containing products.
The Protocol was amended in 2012, to adopt more
stringent controls of heavy metals emissions and
introduce flexibilities to facilitate accession of new Parties,
notably countries in Eastern Europe, the Caucasus and
Central Asia. As such the Protocol was not open for
ratification during 2013 while the text was being updated
for final agreement by the Parties.
In Ireland, as in the rest of the EU, policies and legislation
are already in place to control the sources of the three
heavy metal emissions covered by the Protocol. The main
barrier to ratification of the Protocol by Ireland was the
absence of emission estimates for the heavy metals,
particularly for the reference year set out in the Protocol.
With the completion of a study by the Environmental
Protection Agency (EPA), Ireland Heavy Metal Inventories
1990, 1995-2004, emission estimates are now available
and have been made available to the European
Commission. The Department of the Environment,
Community and Local Government has written to the
Office of the Attorney General and it has been confirmed
that there is no legal impediment to Ireland ratifying the
Protocol.
POPs Protocol
The Protocol on Persistent Organic Pollutants was adopted
on 24 June 1998 in Aarhus. It focuses on a list of 16
substances that have been singled out according to
agreed risk criteria. The substances comprise eleven
pesticides, two industrial chemicals and three byproducts/contaminants. The ultimate objective is to
eliminate any discharges, emissions and losses of POPs.
The Protocol bans the production and use of some
products outright. Others are scheduled for elimination at
a later stage. On 18 December 2009, Parties to the

Protocol on POPs adopted decisions to amend the Protocol

to include 7 new substances.
Regulation (EC) 850/2004 gives effect to the POPs Protocol
in the EU, in addition to giving effect to the Stockholm
Convention on POPs. As such the POPs Regulations (S.I.
No. 235 of 2010) provide a legal basis to ensure the
effective implementation of Irelands obligations under
both the Protocol and the Convention. The Department of
the Environment, Community and Local Government has
written to the Office of the Attorney General seeking
confirmation that there is no legal impediment to
ratification of the Protocol.
Ratification of the Protocols
Ireland intends to ratify the Heavy Metals Protocol and the
POPs Protocol, together with the Multi- Effect (or
Gothenburg) Protocol before the end of 2014.
18
Recommendation 9
Implement the 2009 Sustainable Travel and Transport
Action Plan, particularly measures to improve public
transport in urban areas; assess how road
pricing/congestion charges could contribute to
achievement of the plan's objectives; and reinforce
programmes to support public transport options in rural
areas.
Implementation of the 2009 Sustainable Travel and
Transport Action Plan
The Department of Transport, Tourism and Sport has taken
a two pronged approach to implementing the Sustainable
Travel and Transport Action Plan: providing funding for
infrastructure which supports sustainable travel; and
providing funding for behavioural change programmes to
encourage people to switch to sustainable travel modes.
The recession, which coincided with the publication of the
Sustainable Travel and Transport Action Plan, has reduced
the funding available to deliver on all of the objectives of
the Plan, but targeted investment in transport is
continuing in sustainable transport in particular to
improve rates of cycling, walking and public transport use.
A 5 year, 65million programme of investment to promote
sustainable travel was launched in 2012. There are three
main strands to this programme:

 Active Travel Towns, focussing on urban areas, aims to

encourage modal shift to walking and cycling for short
journeys.
Funding was provided to local authorities in two streams:
Development of walking and cycling strategies which
set the blueprint for the future development of
infrastructure to support smarter travel.
Infrastructure development and behavioural change
interventions to support walking and cycling.
National Cycle Network to provide high quality, cycling
routes for recreational cycling, of 20- 50kms.
Smarter Travel Areas which act as demonstration towns
to assess what interventions work best to achieve a shift
to sustainable transport in Ireland. Three towns have been
selected for targeted investment in innovative sustainable
travel infrastructure and promotional programmes. The
outcomes in the demonstration towns will determine
future investment in sustainable transport.
Measures to Improve Public Transport in Urban Areas
The National Transport Authority (NTA), an agency under
the remit of the Department of Transport, Tourism and
Sport, is responsible for the provision of public transport in
urban areas. The NTA procures public transport services
from operators in accordance with Public Service Contracts
and also licenses bus operators who provide commercial
services. Commercial bus operators tend to operate niche
services in urban areas, such as airport or college
services.
Details of the projects funded in 2012 under these
programmes are available in the NTA publication: Regional
Cities Programme & Accessibility Programme, which is
referenced in Appendix 1.
19
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All of Irelands cities and largest towns have urban bus
services. The cities of Dublin, Cork, Galway and Limerick
have commuter heavy rail services while Dublin also has a
light rail system, the LUAS.
Targeted investment in public transport is on-going.
Measures introduced to date include:
Introduction in 2012 of the LEAP card, a smart card

which can be used on all transport providers.

Rollout in 2012 of Real Time Travel Information at bus
stops and via a website and app.
Establishment of the National Journey Planner, a website
and app which allows for real time journey planning.
Rolling renewal of the bus and rail fleets to provide more
attractive and accessible travel.
Redesign of the Dublin bus network in 2013 to create
more high frequency bus corridors.
Extension of the LUAS system to increase
interoperability of the system and extend its geographic
reach, to be completed by 2015.
Siting of the stations for the very successful Dublin
Bikes bike rental scheme at bus and train stations to
improve access to these stations, both in the initial roll out
in 2012 and the on-going extension in 2013-14.
The NTA is moving to introduce competitive tendering for
10% of the urban bus market in 2016. Opening of the
market may improve bus services by introducing
innovation to the market.
Road Pricing/Congestion Charges
Road pricing in the form of tolls is used on 11 sections of
the motorway network in Ireland. Approximately half the
number of toll booths are on sections of the motorway
network that are near Dublin and the other half are on the
key arterial routes from Dublin to the rest of the country.
There are currently no proposals to expand road pricing or
to introduce congestion charging.
Programmes to Support Public Transport Options in Rural
Areas
Public transport in rural areas is predominated by bus
provided by Bus ireann, the state owned operator, under
a public service contract, by commercial bus operators
(usually local SMEs) and by community groups through the
Rural Transport Initiative. The NTA is responsible for the
funding and/or regulation of each of these categories of
service.
The NTA is currently carrying out a restructuring of the
provision of rural transport services in the State. This
restructuring was prompted by the Value for Money and
Policy Review of the Rural Transport Programme. In July
2013 the NTA published a report entitled Strengthening

the Connections in Rural Ireland, which outlines the

proposed restructuring of the Rural Transport Programme.
Web links for these documents are provided in Appendix 1.
In addition to the NTAs role in the provision or licensing of
services, the Department of Transport, Tourism and Sport
is providing funding of 12million for the promotion of
walking and cycling in rural towns under the Active Travel
Towns programme.
20
Recommendation 10
Develop measures to better link land use and transport
planning with a view to controlling urban sprawl.
Recent initiatives on regional development and spatial
planning have sought to address some of the challenges
set out in the above recommendation and to contribute to
developing a more strategic approach and better
outcomes in relation to sustainable communities.
The National Spatial Strategy (NSS) Update and Outlook
represents both a re-affirmation of an existing
commitment to implementing the NSS and a statement of
new priorities and objectives taking on board experience
gained since the NSS was first published in 2002.
Ireland has been responsive in recognising the factors that
have given rise to difficulties in the past not only in
relation to spatial planning but also in relation to dealing
with unfinished housing development. A comprehensive
review of planning legislation and national-regional-local
co-ordination culminated in the Planning and Development
(Amendment) Act 2010, which introduced a number of
new measures including a core strategy system to better
ground local planning around agreed national and regional
estimates of future development requirements. In
addition, a range of measures on managing and resolving
unfinished housing developments are being implemented
to restore confidence in the housing sector and urban
development generally.
The introduction of a requirement to include a core
strategy in development plans is intended to secure a
strategic / phased approach to zoning which will facilitate
infrastructure provision showing the location, quantum
and phasing of proposed development (with links to
housing strategies, retail policies, transport plans, new

schools provision etc.) and demonstrating policy

consistency within each region.
The Government has also responded to address
imbalances in the housing market through the publication,
in June 2011, of a new housing policy statement. This
statement recognises the unsustainable growth that took
place in the housing market in recent years, highlighting
over-stimulation of the property sector generally and the
extensive reliance on incentives to support homeownership. The Governments vision for the housing sector
is therefore based on choice, fairness and equity across
tenures and on delivering quality outcomes for the
resources invested. It sets, as a high-level objective, that
households are enabled access to good quality housing
appropriate to household circumstances and in their
particular community of choice.
The NSS, the Regional Planning Guidelines (RPGs) and the
implementation of the Core Strategy provisions of the
2010 Planning and Development (Amendment) Act 2010
are creating a more effective policy framework. This
framework is designed to support economic renewal and
continue the promotion of sustainable national and
regional development by ensuring that all levels of the
planning system work together in supporting targeted
investment on infrastructure under capital programmes
and by further modernising land zoning. This will
encourage co-ordinated and consolidated development
close to necessary social and physical infrastructure.
In particular, the RPGs, prepared and adopted by Regional
Authorities, identify a range of measures - some of them
collaborative between regions - aimed at activating the
potential for sustainable economic development,
harnessing green infrastructure such as sources of
renewable energy, identifying opportunities for
diversification of the rural economy and conservation of
unique natural heritage attributes. Implementation of
RPGs through the statutory planning functions of local
authorities these plans requiring substantial review to
address the issues around historical over-zoning. In
addition, the Guidelines
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ENV/EPOC/GEP(2014)5
for Planning Authorities on Flooding require the integration
of comprehensive flood-risk assessment into the statutory
plan-making process.
The review processes above are also implementing
relevant provisions of the EU Strategic Environmental
Assessment (SEA) and Habitats Directives, and are taking
place against the backdrop of much improved national
guidance and information on future school and social
infrastructure requirements published in recent years. The
review processes are also able to take account of, and
benefit from, recent significant investment in key enabling
physical infrastructure such as the renewal of the national
rail system, major investment in urban public transport, as
well as improved roads, water services, housing
regeneration and social infrastructure, especially in
Gateway and Hub locations.
The approach outlined above will ensure the delivery of
more strategic and plan-led development, refocusing on
our established urban and rural centres and moving
against the recent sprawl of our city and towns which had
been resulting in unsustainable commuter driven and carbased development. Moreover, such development
patterns are integral to the promotion of more sustainable
travel choices and the protection of the integrity of key
environmental assets such as Irelands natural and built
heritage and water quality.
22
Recommendations on Water Policy
Recommendation 11
Further consolidate water-related legislation into a
coherent framework Water Sector Reform
In accordance with the Programme for Government (PfG),
a new national public utility - Irish Water has been
established to take over the water investment and
operational programmes of the 34 county and city councils
with the key aim of supervising and accelerating the pace
of delivery of planned investments needed to upgrade the
States water and sewerage networks.
The PfG also provided for the introduction of a fair funding
model to deliver clean and reliable water including
proposals to install water meters in households, moving to

a charging system that is based on use. A programme of

installation of domestic water meters is underway and
domestic water charging will commence at the end of this
year. The Commission for Energy Regulation has been
given responsibility for the independent economic
regulation of the water sector as well as responsibility for
representing the interests of customers.
The Programme of Financial Support for Ireland with the
EU/IMF/ECB contained a commitment to prepare proposals
for implementation of the recommendations of an
independent assessment of the transfer of responsibility
for water service provision to a water utility and that water
charges would be introduced. The independent
assessment was concluded in late 2011 and
recommended the establishment of Irish Water as a public
water utility. The report concluded, based on an analysis of
the strengths and weaknesses of the current system,
international experience and stakeholder soundings, that a
public utility offers the best opportunity to improve the
efficiency and effectiveness of water services delivery,
provide access to new funding sources, and improve
strategic planning and accountability. The Government
decided in December 2011, based on these
recommendations, to establish a public water utility
company to take over the operational and capital delivery
functions of local authorities in the water services area.
The Government also decided at that time, that further
consideration should be given to whether Irish Water
should be established as a new State Agency or whether
the role of Irish Water should be assigned to an existing
State Agency in order to ensure that existing resources
and capabilities in the State sector were used to best
effect. Following on from this further analysis, the
Government decided in April 2012 that Irish Water should
be established as an independent state owned company
within the Bord Gis Group (Gas Board).
The Water Services Acts 2013 provided for the
establishment of the new state owned water utility, Irish
Water, and for the transfer of responsibility for the delivery
of water services from the 34 county and city councils to
Irish Water. The legislation also provided for the
introduction of water charges for domestic users and

economic regulation of public water services.

Water Legislation Consolidation
As part of a planned consolidation of water legislation, we
will introduce primary legislation to underpin the effective
implementation of the Water Framework Directive (WFD)
and it is also envisaged that new secondary legislation will
be required to establish a single comprehensive regulatory
framework for the control of a wide range of activities
impacting on water resources, including control of
abstractions & impoundments.
23
ENV/EPOC/GEP(2014)5
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Ireland has been in discussions with the European
Commission on its engagement with the WFD and we
intend to agree, at national level, a WFD implementation
programme including a legislative timetable in early 2014.
Recommendation 12
Consider establishing dedicated river basin agencies to
implement the Water Framework Directive
The water sector in Ireland is currently undergoing
fundamental change as the establishment of Irish Water,
the new public water utility, will allow better strategic
oversight of infrastructure needs and accelerated capital
investment, in addition to introducing a new funding
model involving domestic water charges. A national
domestic metering programme was commenced in August
2013, which will provide the platform for charges based on
usage, and considerable water conservation benefits are
anticipated through this policy change.
A new 3-tiered governance arrangement for the purposes
of river basin management and implementation of the
Water Framework Directive (WFD) has been agreed in
principle between the Department of Environment,
Community and Local Government, the Environmental
Protection Agency (EPA) and the County and City
Managers Association (CCMA).
Tier 1 will be a high-level management group,
comprising of representatives of the key Government
Departments, agencies and authorities, which will address
the integration of sectoral policies and provide overall
strategic direction to the new governance approach.

 Tier 2 will be spearheaded by the EPA and will support

river basin plan development and implementation across
the country.
Tier 3 will be led by local authorities and will deliver on
the implementation of programmes of measures and on
creating a structured engagement with local bodies and
citizens on the ground. It is anticipated that lead
coordinating authorities will be established on a regional
water network basis.
Focus is now turning to how the local authority system, via
River Basin Districts, can best be structured and resourced
to deliver on its functions.
Recommendation 13
Introduce water pricing for households, in a way that takes
account of environmental, economic and social
considerations
Irish Water assumed responsibility for water services
provision from 1 January 2014. The Programme for
Government as well as the Memorandum of Understanding
with the EU, the IMF and the ECB, both contained a
commitment to the introduction of domestic water
charges.
The Programme for Government provided that the charges
should be based on usage above a free allowance and the
Government considers that charging based on usage is
the fairest way to charge for water and it has, therefore,
decided that water meters should be installed in
households connected to public water supplies.
International evidence has shown that where meters have
been installed significant reductions have been achieved
in the level of consumption and this is also borne out by
the water savings achieved with metering in the group
water sector in Ireland.
24
Irish Water commenced the installation of water meters in
August 2013 and it is expected that by 2016 more than 1
million domestic properties will be metered.
Responsibility for the independent economic regulation of
the water sector has been assigned to the Commission for
Energy Regulation (CER) and the CER has also been given
statutory responsibility for protecting the interests of
customers.

The CER will be required to have regard to economic,

environmental and social considerations in the
performance of its functions including ensuring that costs
are recovered from the users of water services in
accordance with the requirements of the EU Water
Framework Directive and ensuring that Irish Water
performs its functions in a manner that will enable the
achievement by the State of the environmental objectives
of that Directive.
An inter-departmental working group has been established
to advise the Government on the appropriate method for
addressing any water poverty and water affordability
issues which may arise with the introduction of domestic
water charges. The Group is to prepare a report for
consideration by the Government, to enable decisions on
the proposed approach to be taken prior to proposed
public consultation by the CER on the approach to the
design of domestic water tariffs.
Domestic water charges will commence with effect from 1
October 2014 and Irish Water will issue the first bills to
domestic customers from January 2015. The approach to
charging will be set out in a water charges plan which Irish
Water will submit to the regulator. The CER will be
responsible for approving the plan.
The CER has indicated that, in April 2014, it will be
carrying out a number of public consultations including the
approach to the design of domestic water tariffs for both
metered and unmetered properties and the approach it is
proposing for non-domestic tariffs. The CER will announce
its decision on the approved water charges plan in August
2014. In making its decision on the approval or otherwise
of the first water charges plan, the CER will take into
account the decisions made by Government on the
funding model for Irish Water, including the funding
available for any proposed affordability measures.
Recommendation 14
Strengthen measures to achieve "good" quality status, at
least, for Irish waters by 2015, paying special attention to
eutrophication; improve protection of drinking water
sources
There are a number of measures already in place to
protect sources of drinking waters. The Drinking Water

Safety Plan approach has been adopted by the EPA which

is actively promoting the adoption of Drinking Water
Safety Plans among water services authorities.
Drinking Water Safety Plans are being finalised for the 8
largest public water supplies in Ireland (which supply
approx. 50% of the population) and are in preparation in a
further 61 public water supplies. The EPA has launched an
online Drinking Water Safety Plans tool to the local
authorities responsible for the 8 largest supplies and will
be extending the roll-out of this tool for use by all public
water supplies in early 2014. Training is scheduled to
coincide with the launch of the tool in March 2014. Irish
Water, which has assumed responsibility for public water
supplies since 1 January 2014, requires the completion of
Drinking Water Safety Plans for all supplies as part of its
service level agreements with local authorities.
The Drinking Water Safety Plans approach includes a risk
assessment of the hazards in the catchment and the
likelihood and severity of the impact on drinking water
quality. For groundwater sources information on source
protection zones (SPZs) and zones of contribution (ZOCs)
is necessary to carry out
25
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this assessment. Approximately 170 SPZs and over 100
ZOCs have been delineated around public supply
groundwater sources.
The Geological Survey of Ireland (GSI) completed
Groundwater Protection Schemes (GPS) for all counties in
November 2013 on behalf of all local authorities in Ireland
(a web link is provided in Appendix 1). These provide an
important decision support tool for planning authorities for
the protection of groundwater resources and drinking
water sources.
The GSI is also working with the National Federation of
Group Water Schemes to ZOC delineation for their larger
(>20 persons) groundwater sources. The GSI has also
been assisting Group Water Schemes across the country to
delineate ZOCs around groundwater drinking sources.
Approximately 40-50 have been completed per year over
the past number of years.

The Good Agricultural Practices (GAP) regulations (SI 610

of 2010) also contain provisions for setback distances from
drinking water sources in relation to the spreading of
organic and chemical fertilisers. It is intended to provide a
stronger legal basis for measures in a standalone water
environment piece of legislation that will be fully
consistent with Article 7 of the Water Framework Directive.
As part of a planned consolidation of water legislation, we
will introduce primary legislation to underpin the effective
implementation of the Water Framework Directive (WFD)
and it is also envisaged that new secondary legislation will
be required to establish a single comprehensive regulatory
framework for the control of a wide range of activities
impacting on water resources, including control of
abstractions & impoundments.
Recommendation 15
Further integrate water quality and flood risk management
considerations into spatial planning and development
management processes
In 2003, a National Flood Policy Review Group (NFPRG)
was established under the aegis of the Office of Public
Works (OPW) to devise a clearly defined and
comprehensive national policy approach to flooding and a
precise definition of the roles and responsibilities of the
various stakeholders involved. In approving the Report of
the Review Group in September 2004, the Government
decided that the OPW should be the lead agency in
implementing flood management policy in Ireland.
The Reports recommendations highlighted the need to
pro-actively manage flood risk, particularly the need to
avoid or minimise potential future increases in flood risk
including from climate change. The Report recognised that
planning and development management should be a key
component of the strategy for achieving this objective,
and recommended development and implementation of
policy guidelines on the consideration of flood risk in
planning and development management.
The Guidelines for Planning Authorities on Development
Plans, published by the Minister in June 2007, concisely
addressed flood risk consideration at relevant stages of
the planning and development process2, pending the
preparation of more comprehensive guidelines on flood

risk management and the planning system.

2 The Planning and Development Act 2000 empowers
planning authorities to provide in their development plans
that development in areas at risk of flooding may be
regulated, restricted or controlled (Section 10 and 1st
Schedule).
26
Guidelines on the Planning System and Flood Risk
Management
Following public consultation in 2008, the Minister for the
Environment, Community and Local Government published
Guidelines for Planning Authorities on the Planning System
and Flood Risk Management in November 2009.
The Guidelines provide a comprehensive approach to the
integration of flood risk into planning policy and take
account of environmental considerations including
adaptation to climate change, biodiversity, EU Directives
on Flooding and the Water Framework Directive, and
protection of investment.
The Guidelines ensure a more consistent, rigorous and
systematic approach to flood risk assessment and
management in the planning system which involves a
comprehensive consideration of flood risk in preparing
regional plans, development plans and local area plans
and in determining applications for planning permission in
line with the principles of proper planning and sustainable
development.
In addition these Guidelines will ensure:
a sequential approach to flood risk management based
on avoidance, reduction and then mitigation of flood risk;
a determination of appropriate development, based on
flood probability and vulnerability of development type;
a stringent set of criteria against which to test
development in floodplains for justification on the basis of
wider sustainability grounds and acceptable management
of flood risk; and
the requirement for a flood risk assessment in relation to
spatial planning and planning applications.
The approach outlined above will deliver a more strategic
and plan-led development, seeing the enhanced
integration of water quality and flood risk management
considerations into spatial planning and development

management processes, which the Department ensures is

the case through its review of all planning authority
development plans and local area plans as submitted.
ENV/EPOC/GEP(2014)5
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Recommendations on Waste Policy
Recommendation 16
Implementation of the National Waste Prevention
Programme, in particular priorities identified under its
2009-13 Prevention Work Plan; improve co-ordination of
regional waste management plans to achieve national
waste targets more efficiently, in particular those for
biodegradable and hazardous waste
National Waste Prevention Programme
Notwithstanding the fact that Ireland has a wellestablished and internationally recognised National Waste
Prevention Programme, the drive to prevent waste in
Ireland is on-going, as is evidenced through the renewal of
the Programme this year which includes a focus on
resource efficiency and promoting more sustainable
production and consumption behaviours. The new National
Waste Prevention Programme has been published for
public consultation (a web link is provided in Appendix 1).
The programme will be published in final form in Q2 2014.
Improve Co-ordination of Regional Waste Management
Plans
The Governments policy document on Waste
Management - A Resource Opportunity, which was
published in July, 2012, provided for the reduction in the
number of waste management planning regions from ten
to three; a measure which will play an important role in
the effective and efficient delivery of waste management
planning.
Three new Waste Management Planning Regions have
been established and Lead Authorities have been
nominated and tasked with developing new plans for the
three regions. The regions are supported in meeting their
Waste Management Planning obligations by a National Coordination Committee, which provides a platform for the
sharing of information and experience. The Committee
comprises the three lead authorities, the Environmental

Protection Agency (EPA), the National Waste Collection

Permit Office (NWCPO) and the National Transfrontier
Shipment Office (NTFSO), and is chaired by the
Department of the Environment, Community and Local
Government. In addition, the three Lead Authorities are
collaborating to procure a single consultant to undertake
Strategic Environmental Assessments / Appropriate
Assessments of the three plans.
In accordance with Section 22 of the Waste Management
Act, 1996 and the Waste Management (Planning)
Regulations, 1997, the Lead Authorities for the three
regions gave notice of the intention to commence the
preparation of new Regional Waste Management Plans on
10 October, 2013 and written submissions to the Lead
Authorities in relation to the new plans were invited by 19
December, 2013. It is anticipated that draft plans will be
published for consultation in Q3 2014 and finalised
thereafter.
Recommendation 17
Extend producer responsibility initiatives to cover a wider
range of end-of-life products
The principal producer responsibility initiatives (PRIs) in
Ireland are in the areas of waste electrical and electronic
equipment (WEEE), batteries, packaging, end-of-life
vehicles (ELVs), waste tyres and farm plastics. The
majority of these PRI schemes have operated very
successfully and have enabled Ireland to reach our
domestic and EU recycling targets. They have also
successfully contributed to Ireland meeting our overall
environmental goals and have diverted substantial
amounts of waste from landfill.
28
In June 2012, the Department of the Environment,
Community and Local Government initiated a wide ranging
review of the existing (PRIs) in Ireland. The overall purpose
of this review is to assess the nature and level of the
challenges which are currently facing the existing
Producer Responsibility Agreements as well as the
forthcoming challenges that are expected to arise in the
management of various waste streams. The findings and
recommendations from the review are forming the basis
for the further development of robust PRIs that will enable

Ireland to operate successfully in meeting our domestic

and EU environmental obligations in the medium to long
term.
To date the Department has published reports on:
Corporate Governance
Consideration of a Packaging Levy
Waste Tyres
End of Life Vehicles
Each of the above reports contains recommendations for
the future operation of the relevant schemes, including, in
the cases of tyres and ELV, the introduction of full PRIs
and removal of self-compliance as an option.
The remaining chapters from the full report, including
chapters on competition, batteries, a possible PRI for
Construction and Demolition waste, farm plastics and
WEEE, are being finalised for publication in the first half of
2014.
Recommendation 18
Extend waste collection programmes further to cover as
many properties as feasible; accelerate the roll- out of
programmes for separate collection, giving priority to
organic and hazardous waste from households and
commercial activities
The Governments policy document on Waste
Management - A Resource Opportunity - contains a
number of measures to revise the regulatory regime which
governs household waste collection.
A consultation paper on the Regulation of Household
Waste Collection was published in November, 2013 and
the consultation period closed on 31 January, 2014. Issues
discussed in the consultation paper include;
commingling collection service for dry recyclables;
requiring collectors to provide at a minimum: residual,
dry recyclable and food/bio waste bins or
face having their collection permit revoked,
requiring householders to (i) avail of a household waste
collection or (ii) demonstrate they are managing their
waste appropriately and
introduce a fixed payment notice (also known as an onthe-spot fine) for those who are not compliant with (i) and
(ii).
29

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Submissions are being considered by the Department of
the Environment, Community and Local Government
(DECLG) with a view to introducing legislation to give
effect to the measures set out in the policy.
In terms of roll-out of programmes for separate collection,
the European Union (Household Food Waste and Biowaste) Regulations 2013 promote the segregation and
recovery of household food waste. The regulations are
being rolled out on a phased basis so that by 1 July 2016,
the legislation will apply to agglomerations of greater than
500 persons. The obligations of the legislation are as
follows:
Waste collectors must provide a separate collection
service for household food waste
Households that produce food waste:
must segregate such waste and keep it separate from
other non-biodegradable waste, and have it separately
collected by an authorised waste collector; or
Compost the food waste at home; or
Bring the food waste to authorised treatment centres,
for recovery in an environmentally
acceptable way, such as civic amenity sites, anaerobic
digestion sites or incineration.
The 2013 Regulations, which build on the commercial food
waste regulations introduced in 2009, are designed to
promote the segregation and recovery of household food
waste, in line with the national policy and the Waste
Framework Directive objectives of maximising the
resource which can be extracted from waste and
minimising the disposal of waste.
Recommendation 19
Strengthen provisions in contracts and licenses for waste
management operations so that all service providers,
public or private, have the same obligation to meet high
delivery and quality standards; consider transferring the
Regulatory and monitoring authority for waste
management to regional or national level
As set out above in the response to recommendation 18,
the regulation of household waste collection is currently
being reviewed. Proposals mooted as part of the

consultation process to meet high delivery and quality

standards include; requiring household waste collectors
(whether public or private), to deliver mandated service
levels, including providing at a minimum: residual, dry
recyclable and food/bio waste bins or face having their
collection permit revoked; requiring collectors to collect
waste at specified frequencies or face having their
collection permit revoked; requiring collectors to
demonstrate they are a fit and proper person on an
annual basis; revoking a collectors permit if it amasses a
specified number of fixed payment notices (also known
as on-the-spot fines) for specified offences.
Submissions received as part of a public consultation
process are being considered by the Department of the
Environment, Community and Local Government (DECLG)
with a view to introducing legislation to give effect to the
measures set out in the policy.
The on-going consolidation of regional waste management
planning from ten regions to three is detailed above in
response to recommendation 16. Other parallel initiatives
have been or are being progressed. The regulatory
structure governing waste collection permitting has been
rationalised into a national body. Until January 2012
individual local authorities were responsible for the issue
of Waste Collection Permits. On 1 February 2012, Offaly
County Council was designated as the Nominated
30
Authority for the processing of all new Waste Collection
Permit applications received on or after that date. This
single Nominated Authority is known as the National
Waste Collection Permit Office (NWCPO). A review of waste
enforcement structures is currently being finalised. One of
the main recommendations in the report of the review will
be the need for a regional approach on certain aspects of
waste enforcement to drive consistency and improve
performance standards.
Recommendation 20
Accelerate implementation of the Market Development
Programme for Waste Resources to increase recycling of
waste and the use of recycled materials within Ireland;
extend market-based mechanisms for waste collection,
sorting and recovery to encourage private investment in

waste recycling and treatment facilities

The Governments waste policy, A Resource Opportunity Waste Management Policy in Ireland, sets out the actions
through which Ireland will make the further progress
necessary to become a recycling society, with a clear
focus on resource efficiency and the virtual elimination of
landfilling of municipal waste. The policy contains
measures to ensure that the management of waste will be
in accordance with the waste hierarchy, as set out in the
Waste Framework Directive, whereby prevention, reuse,
recycling, and recovery are favoured to the disposal of
waste. Maximising the resources recovered from waste is
a central principle of the policy.
The current review of household waste collection as set
out above in the response to recommendation 18 is an
important development in this regard. The consultation
paper asks if there are economic or other instruments
which could be explored or introduced to further
encourage the development of recycling and recovery
infrastructure within the State for managing household
waste in accordance with Article 16 of the Waste
Framework Directive. The paper also asks whether
measures to confine the export of household waste to
encourage the development of indigenous recovery
infrastructure should be considered and seeks proposals in
relation to how best to incentivise households to
segregate, reduce and recycle their waste.
Submissions received are now being considered with a
view to introducing legislation to give effect to the
measures set out in the policy.
The EPA, through funding from the Environment Fund,
oversees the provision of a range of services to support
environmental compliance and resource efficiency. Total
direct spend in business support in 2013 was circa 2.5M.
The most recent edition of the report on progress in
relation to EPA resource efficiency and waste prevention
activities is linked in Appendix 1.
The EPA has developed a specific landing page for
resource efficiency related activities with links to useful
sector specific information, which is also linked in
Appendix 1.
In addition, the EPA Green Business Programme covers a

range of business support activities arranged around the

Resource Efficiency theme. Now in its fifth year of
operation, the Green Business Programme delivers free
resource efficiency audits and advice to businesses (or
other commercial or public sector organisations) with a
focus on low and no cost actions.
31
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Recommendations on Nature Management
Recommendation 21
Speed up preparation of detailed, time-bound
management plans for Natura 2000 sites and natural
heritage areas, and implement them
Ireland has considered it necessary to prioritise work in
the management planning area, and decided in the first
instance to focus its resources particularly on the setting
of detailed site-specific conservation objectives for Natura
2000 sites, and management planning for Irelands
peatlands resource.
Setting conservation objectives is a legal obligation
stemming from Articles 4 and 6 of the Habitats Directive
and is necessary to facilitate appropriate assessment of
plans or projects that may impact on these sites. As such
it is an important tool in the management of sites. It is
also part of the normal management planning process.
To date (January 2014), detailed site-specific conservation
objectives have been published for 69 Natura 2000 sites
and this work is continuing on an on-going basis.
The Department of Arts, Heritage and the Gaeltacht
recently published a draft National Raised Bog Special
Areas of Conservation (SACs) Management Plan, which
provides for the future restoration and management of the
53 raised bog SACs in the National Peatlands Strategy and
is committed in the short term to produce management
plans for Irelands raised bog SACs, as well as bogs
designated as Natural Heritage Areas under domestic
legislation. The Plan was published along with the draft
National Peatlands Strategy, which sets out a crossgovernmental approach to managing peatlands including
compliance with EU environmental law, climate change,
forestry, flood control, energy, nature conservation,

planning, and agriculture.

The strategy also sets out proposals for the development
of a new regulatory regime for turf contractors.
A third document, the Review of Natural Heritage Areas
(NHAs), was also published, and it sets out a significant
reconfiguration of Irelands NHA raised bog network to
meet conservation targets whilst reducing the impact on
the taxpayer by ensuring that the minimum number of turf
cutters are impacted.
The Department is working with the Department of
Agriculture Food and the Marine in providing prescriptions
for the new agri-environment scheme which will be rolled
out as part of Irelands Rural Development Plan. These
measures are seen as essential elements in managing
Natura sites.
Recommendation 22
Improve consistency of the Planning and Development Act
with the protection and enhancement of biodiversity
outside protected areas (e.g. by establishing "green
corridors" linking nationally and locally important
biodiversity areas)
The Department of Environment, Community and Local
Government continues to bring forward and ensure the
better implementation of new national and local
development policies which in turn will lead to the
protection and enhancement of biodiversity outside
protected areas.
The Local Area Plans Guidelines for Planning Authorities
document published by the Minister for the Environment,
Community and Local Government and Minister for
Housing and Planning in June 2013
32
are central to this. These aim to ensure a continued move
towards a stronger, more evidence-based and plan-led
planning system.
One of the key messages promoted within these
guidelines is that the integration, into the local planning
process, of environmental considerations such as climate
change, biodiversity, nature conservation and green
infrastructure is essential in meeting future challenges.
Since the publication of the National Biodiversity Plan in
April 2002, (the latest plan Actions for Biodiversity 2011-

2016 was published in 2011) it is Government policy to

protect, maintain and, where possible, enhance
biodiversity throughout the entire countryside. The Irish
landscape of today is the product of intense interaction
between human beings and nature over many thousands
of years. Such interaction can have positive impacts on
biodiversity. It has, on occasion, led to the creation of new
sites and habitats of conservation importance.
Green infrastructure is a mechanism to conserve and
improve biodiversity and can be broadly defined as an
interconnected network of green space that enables
natural ecosystems to thrive, such as in the case of rivers
and streams that act as amenities, a mechanism to
manage flood risk and local ecosystems.
The development of an integrated approach to green
infrastructure planning will improve the quality of our
natural environment and support biodiversity. Planning
authorities have a key role to play in preserving the
natural heritage of their areas, arising from the legal
responsibilities placed on them and from the increasing
public awareness of the importance of nature conservation
at local level. In doing so, they should also avail of
opportunities that may arise to create or promote new
features of biodiversity in new developments.
To promote biodiversity, local area plans, in identifying
green areas such as open spaces, linear green corridors
and natural areas, should ensure that each area links into
a larger network that incorporates other public and private
green spaces in the area, including areas where farming,
forestry, recreation, and conservation can take place
together.
The adoption of a green infrastructure approach can
contribute greatly to the effectiveness of a local area plan.
Green infrastructure has already been integrated into
several strategic planning exercises including the Regional
Planning Guidelines for the Greater Dublin Area 2010
2022, Fingal Development Plan 20112017 and Dublin City
Development Plan 20112017. The integration and
incorporation of a Green Infrastructure approach, including
an initial inventory of green resources, into the local area
plan process can contribute greatly to the quality of the
environment in the area covered by the local area plan, to

the conservation and enhancement of green resources

over a wider area and to climate change mitigation and
adaptation.
Screening of a local area plan for Appropriate Assessment
and Strategic Environmental Assessment will also assist
planning authorities in looking at wider biodiversity issues
arising from proposed implementation of the plan.
Local Biodiversity Action Plans, adopted as part of
integrated Local Heritage Plans, can set out a range of
measures for the conservation and sustainable use of
biodiversity at the local level and are one of the measures
set out in Irelands National Biodiversity Plan. Of particular
importance are measures to protect plants, animals and
habitats of local and national importance. Local
Biodiversity Action Plans aim to raise awareness of
biodiversity and its importance to human wellbeing. Local
area plans can create important synergies with Local
Biodiversity Action Plans through the inclusion of policies
and objectives to protect plants, animals, and habitats of
local and national importance.
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This approach as set out in the Local Area Plan Guidelines
will ensure improved consistency of the Planning and
Development Act with the protection and enhancement of
biodiversity outside protected areas.
Recommendation 23
Improve integration of biodiversity concerns in sectoral
policies and projects, including through rigorous
implementation of SEA and EIA procedures
The integration of biodiversity concerns into development
plans has a strong legislative basis in Ireland. Section 10
of the Planning and Development Act 2000, as amended,
provides that county and city development plans shall
include:
A separate statement which shows that the
development objectives in the development plan are
consistent, as far as practicable, with the conservation and
protection of the environment, and the encouragement,
pursuant to Article 10 of the Habitats Directive, of the
management of features of the landscape, such as

traditional field boundaries, important for the ecological

coherence of the Natura 2000 network and essential for
the migration, dispersal and genetic exchange of wild
species;
Provisions for the conservation and protection of the
environment including, in particular, the archaeological
and natural heritage and the conservation and protection
of European sites and any other sites which may be
prescribed.
Biodiversity concerns are also addressed under national
law (the Wildlife Acts 1976 to 2013), through the provision
for certain sites to be protected as Natural Heritage Areas,
Nature Reserves, and Refuges for Flora and Fauna. In
addition, the European Communities (Birds and Natural
Habitats) Regulations 2011 (Regulation 27) place
substantial responsibilities on all public authorities (i.e.
departments, offices and agencies of the State) regarding
the conservation of nature in the exercise of their
functions.
Regulations 28 and 29 of those Regulations empower the
Minister to issue Directions for the protection of sites for
the benefit of their species and ecology by regulating
specified activities that are potentially damaging to the
sites. These Directions are not restricted to sites
designated under the Birds and Habitats Directives or
under the Wildlife Acts. They have been used, for
example, to control the recreational use of quad
motorcycles in upland areas where such use can lead to
erosion and degradation of peatlands. Non-compliance
with a direction is a criminal offence.
SEA is being integrated into a number of sectoral projects;
for example:
Filte Ireland (the National Tourism Development
Authority) has recently undertaken a Strategic
Environmental Assessment of the development of
Discovery Points along the Wild Atlantic Way.
The Seafood Operational Programme 2014 - 2020 and
National Strategic Plan for Aquaculture 2014 - 2020 will
both be subject to SEA during their preparation.
The importance of SEA has been underscored through the
creation of a National SEA Forum. An SEA Action Plan was
published with priority actions and responsibilities

assigned. Regional SEA/Appropriate Assessment Fora,

comprising local authorities and environmental
authorities, were established in association with the
Regional Authorities; these Fora meet annually.
34
Recommendation 24
Improve the match between spending on agrienvironmental measures and ecological needs, e.g. by
placing more emphasis in or near Natura 2000 sites
In Ireland the Agri-environment Options Scheme (AEOS)
replaced the Rural Environment Protection Scheme (REPS)
in 2010. The AEOS scheme builds on the principle of
respect for and protection of the environment which was
supported through REPS since 1994. Under the scheme
approximately 20,000 farmers are paid to undertake
actions which specifically target three environmental
challenges, namely those of:
Halting biodiversity loss
Combating Climate Change
Improving water quality
Unlike the previous REPS scheme, AEOS is not based on a
whole farm approach, with farmers having the option of
choosing to implement those measures which are best
suited to their individual circumstances.
Biodiversity actions include the implementation of
prescriptive measures to support individual species and
habitats associated with Natura sites, but also include
actions to promote wider biodiversity. The Rural
Development Programme and associated agrienvironmental measures provide the main opportunity for
targeted interventions for habitats and species that are
under threat or are in poor or declining status.
The prioritised Action Framework for Ireland, which was
submitted to DG Environment in January 2013 provided
targets for achievements in Natura 2000 over the next
programming period. This is further elaborated for
biodiversity in the wider countryside in the National
Biodiversity Plan 2011-2016.
Recommendation 25
Continue efforts to adopt, resource and implement an
island-wide strategy on invasive alien species Invasive
Species Ireland (ISI) Project

The Invasive Species Ireland project was established by

the Northern Ireland Environment Agency in conjunction
with the Department of Arts, Heritage and the Gaeltacht in
2006. The first phase of the project was completed in May
2009. A second phase was commissioned in December
2009, to run until March 2013. As part of the project a
dedicated website known as the Invasive Species Ireland
website has been created, and project outputs are made
publically available on this site.
A new contract is expected to be commissioned in 2014 to
further build upon the work that has been undertaken
through the first two phases of the Invasive Species
Ireland Project. The contract will not only continue to build
upon the implementation of the recommendations of the
Invasive Species in Ireland Report but will also contribute
towards the implementation of actions contained within
national invasive species strategies. The National
Biodiversity Data Centre has produced a suite of
identification sheets on 32 of Irelands invasive and
potential invader species. The sheets bring together
relevant information on each of these invaders with the
aim of raising awareness and encouraging active
recording of them.
The Data Centre has also produced a report on Irelands
invasive and non-native species. The report found that
13% of non-native species are high impact, which is
similar to other European countries.
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Risk Assessments
A contract was awarded in late 2013 for the provision of
Risk Assessments on invasive species listed in the Third
Schedule to the European Communities (Birds and Natural
Habitats) Regulations 2011.
The main objective of this project is develop risk
assessments for specific species, to undertake public and
stakeholder consultation and awareness and to produce
guidance documents relating to the implementation of the
relevant provision of the Regulations.
The risk assessment project will also support the
Department of the Arts, Heritage and the Gaeltacht in its

input to the development of proposed new European

Regulations relating to invasive alien species (IAS) which
are currently being discussed at EU Working Party level.
IAS EU regulation
In September 2013, the EU Commission published a
proposal for an EU regulation on the prevention and
management of the introduction and spread of invasive
alien species.
The impact of IAS on biodiversity is significant. IAS are one
of the major, and growing, causes of biodiversity loss and
species extinction. When it comes to social and economic
impacts, IAS can be vectors of diseases or directly cause
health problems. They can cause serious damage to
infrastructure, forestry, agriculture, aquaculture and
recreational facilities.
Ireland has broadly welcomed the proposal for an Invasive
Alien Species regulation which is considered necessary,
and good for biodiversity and important economic sectors
such as agriculture, tourism, forestry and fisheries. Ireland
continues to work with its colleagues in Europe on the
development of this proposed Regulation which is still in
discussion stage.
36
TOWARDS SUSTAINABLE DEVELOPMENT
Recommendations on Integrating Environmental Concerns
into Economic Decisions
Recommendation 26
Finalise the revision of the National Sustainable
Development Strategy, make it fully operational with the
introduction of targets, indicators and monitoring
mechanisms, and assure consistency between it and
existing sectoral policy frameworks
The National Sustainable Development Strategy entitled
Our Sustainable Future: a Framework for Sustainable
Development in Ireland was launched in June 2012. It sets
out the roadmap for a holistic policy framework with
sustainable development at its heart. The framework
identifies some 70 measures to be implemented over
varying time-frames and tasks a high-level inter
Departmental group with ensuring that the vision set out
in the policy document is translated into clear and
effective action.

The high-level group, which is chaired by the Minister for

the Environment, Community and Local Government, is
intended to provide a platform for the integration of
sustainable development principles into policies across all
sectors. The success of this integration will be dependent
on the collaboration and support of actors in all sectors.
An inaugural meeting of the High-Level Inter-Departmental
Group for Sustainable Development was held in December
2012, with a mid-year progress update in 2013 and a
second full meeting in February 2014. At the time of the
inaugural meeting, 17 of the 70 identified measures were
already completed or part-completed and work was
advancing at a satisfactory pace in other instances.
Notable actions completed include:
publication of Green Tenders: An Action Plan on Green
Public Procurement (January 2012),
development of a national policy on waste management:
A Resource Opportunity: Waste Management Policy in
Ireland (July 2012),
publication of a Government policy statement on growth
and employment in the green economy: Delivering Our
Green Potential (November 2012),
the establishment of Irish Water (March 2013).
Recommendation 27
Phase out environmentally harmful subsidies (e.g. for
electricity generation from peat and for domestic aviation)
and tax concessions (e.g. on coal and on fuel oil used by
households and farmers) that create economic distortions
and social inequity
In terms of aviation, all fuel used for private pleasure
flying, domestic or other is taxed at the standard rate of
tax. Heavy fuel Jet fuel (kerosene) used for commercial
aviation - is relieved in accordance with article 14.1(b) of
the Energy Tax Directive (2003/96/EC). This article allows
limitation of this provision to international and intracommunity transport, or where bilateral agreements exist
between member states however Ireland does not avail
of these options.
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Aviation gasoline used for commercial air navigation is

relieved under the same article; however, the article

allows member states to restrict the exemption for this
fuel and current Irish policy is to apply a restriction to the
extent that partial repayment of the tax may be claimed
at a rate of 232.32 per 1000 litres of fuel used for such
purpose (the current standard rate is 587.71 per 1000
litres which means that the current net rate is 355.44 per
1000 litres).
In respect of households and farmers, gas oil is charged at
the reduced (marked gas oil) rate for other heavy oil of
102.28 per 1000 litres. Kerosene used for other than as a
propellant (marked kerosene) by households or by farmers
(usually as a heating fuel) is charged at a reduced rate of
50.73 per 1000 litres (the standard propellant rate for
both these fuels is currently 479.02 per 1000 litres).
Heavy fuel oil is not used by households or farmers. Heavy
fuel oil is charged at 76.53 per 1000 litres.
Fuel oil or marked gas oil used for horticultural production
or cultivation of mushrooms benefits from a reduced rate
charged at 56.31 per 1000 litres.
Recommendation 28
Replace some current taxes with appropriate
environmentally related fiscal measures in the framework
of a comprehensive environmental tax reform
The Irish Government signalled, in its Framework for
Sustainable Development, a gradual shift of the tax base
away from taxing what we want more of, such as
investment and labour, towards taxing what we want less
of. The Framework for Sustainable Development gave a
commitment to developing a framework for environmental
tax reform, building on the successes of:
the Plastic Bag Levy, introduced in 2002, which delivered
a reduction of over 90% in plastic bag use and contributed
166m for the Irelands Environment Fund in its first ten
years;
the Landfill Levy, also introduced in 2002, which is
assisting in diverting waste from disposal to recovery
options and has contributed significantly to Irelands
achievement of the first EU Landfill Directive diversion
target (July 2010) for biodegradable waste through
significant decreases in municipal waste generation and
quantity of residual waste consigned to landfill;and,

 the Accelerated Capital Allowance (ACA) scheme

introduced in 2008 provides for a system of accelerated
capital allowances for the purchase of energy efficient
capital assets. This scheme enables businesses to write off
the entire cost of a specified set of energy efficient
products in the first year of purchase. Normally
depreciation or wear and tear of assets can only be
written off against profits gradually over eight years.
Initially this scheme was intended to run until 2011 but it
was recently extended to run until 31st December 2014.
The coverage of asset type extends across motor vehicles
(including EVs), hotel and catering equipment,
refrigeration and cooling systems, ICT and other sectors.
The Carbon Tax, introduced in 2010, is an example of the
effective use of environmental taxes for revenue-raising
purposes. The scope for action on taxation over the short
to medium term is limited by the budgetary constraints
currently facing Ireland; however, the implementation of
the Carbon Tax has helped avoid some increases in other
areas of taxation and is nevertheless a comprehensive tax
reform.
38
Our Sustainable Future sets out a longer term aim of
having a tax system which is sustainable both from the
standpoint of raising revenue and supporting national
development, while the environmental tax reform
framework will also need to take into account issues of
equity and competitiveness.
Recommendation 29
Realise the opportunities that have been identified to
further improve material productivity and energy
efficiency cost-effectively, for example in the residential,
tertiary and transport sectors
In 2009, Ireland launched the first National Energy
Efficiency Action Plan (NEEAP). This plan sets out Ireland's
national energy efficiency strategy and details a range of
97 actions currently committed to by Government across
all sectors of the economy. It was updated in 2011 and will
be further updated in 2014. The NEEAP identifies a target
of 31,925 Gigawatt Hours (GWh) of energy savings to be
delivered by 2020. We have already achieved some
11,419 GWh of this target by end-2012, which represents

36% of our national target. Nevertheless, the bulk of our

target, some 22,500 GWh remains to be delivered over the
7 years to 2020.
Table 3. The achieved and anticipated energy / CO2
savings distribution
The achieved and anticipated energy / CO2 savings are
distributed as follows:
ENV/EPOC/GEP(2014)5
Energy savings (GWh)
CO2 (kt CO2)
Sector
2012
2016
2020
2012
2016
2020
Public Sector
1,079
1,975
3,240
266
455
730
Business
2,982
4,340
5,820
737
1,025
1,330
Buildings (incl. Retrofit)
4,137
9,565
15,255
775
3,135
3,650
Mobility-Transport
1,341
3,295
5,330

331
840
1,360
Energy Supply
1,879
2,000
4,415
464
365
595
Total
11,419
21,175
34,060
2,820
4,980
7,665
Some of the actions being undertaken to improve energy
efficiency in each sector are summarised below:
In the public sector, a power-optimisation programme is
being undertaken in existing public sector buildings. All
public bodies will be obliged to implement energy
management programmes appropriate to their
organisations. Public bodies that spend more than 5
million annually on energy will be required to publish 3year energy efficiency strategies and implement ISO 5001
Energy Management Systems. Independent expert energy
advisors will be provided to undertake enhanced energy
assessments. The Department of Education and Skills will
construct highly efficient school buildings.
In relation to energy supply, large consumers of energy
are being incentivised to reduce peak energy use. Energy
savings targets are being introduced for energy suppliers,
which will be met by a number of measures including the
reduction of electricity distribution losses to 7.5% and the
prioritisation of energy efficiency in investment decisions
for new plant. At least 800MWe of Combined Heat and
Power (CHP) will be achieved by 2020.
In the transport sector, the Government will continue to
incentivise the purchase of more energy- efficient cars and
the deployment of electric vehicles. Greater fuel-efficiency
in inter-urban freight and private vehicle movements is

being facilitated through improved road infrastructure.

National Cycle Policy
39
ENV/EPOC/GEP(2014)5
initiatives are being promoted and the use of public
transport is being encouraged through tax subsidies for
commuter tickets.
Businesses are being provided with tax incentives to
encourage the purchase of the most energy- efficient
equipment, and sharing of best energy efficiency practice
is being supported through the establishment of that
Large Industry Energy Network. Expertise is being made
available to the SME sector through the provision of
energy use assessments and advice on energy
management. Significant efforts are being made to
achieve gains in energy-efficiency through awareness
campaigns, including product labelling and the creation of
energy-efficient product lists to serve as recognised
references in energy- efficient procurement.
Grant assistance is being provided to householders to
upgrade the energy efficiency of older homes, with extra
grant assistance provided to older people. The National
Standards Authority of Ireland will produce a national code
of practice to ensure good retrofit practice. New building
regulations are delivering a 60% improvement in new
housing energy efficiency standards. Higher minimum
efficiency standards are being set for all replacement
domestic oil and gas boilers and smart electricity metering
is being introduced for homes to encourage more energyefficient behaviour.
40
Recommendations on Integration of Environmental and
Social Decisions
Recommendation 30
Complete the National Environmental Health Action Plan,
focusing on the major environmental health risks,
including those for children and other vulnerable groups
and establish quantified targets that would enable the
most important health benefits to be achieved, and
identify cost-effective measures to address them
The Department of Health determined in 2009 that the
initial proposal for a National Environmental Health Action

Plan (NEHAP) was no longer the appropriate framework as

the key environmental health matters were being
achieved on a sectoral basis and in many areas had
progressed beyond any proposed NEHAP framework.
During the development and drafting of Healthy Ireland
A Framework for Improved Health and Wellbeing, it was
considered appropriate that key environmental health
policy commitments would be progressed under the
Health and Wellbeing Framework (linked in Appendix 1).
Health and Wellbeing is a pillar of Future Health, which
sets out the health system reform plan.
Healthy Ireland A Framework for Improved Health and
Wellbeing was published in March 2013 and work is ongoing in addressing the four goals through a number of
actions presented in six thematic areas. The approach
reflects the life course approach to addressing the many
social determinants of health which requires a whole of
government and whole of society approach.
The Health and Wellbeing Programme in the Department
of Health is tasked with the co-ordination of the
implementation of Healthy Ireland.
Ireland has established a Cross Sectoral Steering Group
with representatives at a senior level from all Government
Departments and key agencies, including the Department
of the Environment, Community and Local Government,
the Health Service Executive and the Environmental
Protection Agency from an environmental health
perspective.
Ireland is in the process of developing an Outcomes
Framework which will provide evidence to support the
objective assessment of the impact of Healthy Ireland.
This assessment will reinforce the goals of Healthy Ireland
and will help partners in wider government and society to
prioritise the actions towards improving health and
wellbeing.
The Outcomes Framework which will include indicators
relating to "threats to health and wellbeing will follow an
all-hazards risk-based approach.
As the responsibility for policy and legislation concerning
many environmental determinants rests with the
Department of the Environment, Community and Local
Government, the cross sectoral steering group will be the

vehicle through which we ensure that the correct

indicators and targets are measured and reported. This
reflects the decision made in 2009 as stated in the
opening paragraph above.
A number of operational principles are pivotal to all
phases of implementation: these are better governance
and leadership, better use of people and resources, better
partnerships, better systems for health care, better use of
evidence, better measurement and evaluation and better
programme management.
In relation to the "identification of cost effective
measures", the "better use of people and resources" is
aimed at ensuring that what we do reflects best practice
on all levels.
41
ENV/EPOC/GEP(2014)5
ENV/EPOC/GEP(2014)5
Recommendation 31
Further improve access to environmental information by
building capacity in public agencies on rights and
obligations related to access to, and provision of,
information; apply consistent and fair charges; abolish
fees for appealing to the Commissioner for Environmental
Information decisions that denied requests for information
The rules surrounding access to environmental information
in Ireland were amended in 2011 by the European
Communities (Access to Information on the Environment)
Regulations 2011. These further strengthened the
responsibilities of public authorities in relation to
environmental information, increased the rights of third
parties who may be impacted upon by release of
environmental information and increased options to
minimise fees charged both at the stage of initial
application and appeal.
In 2013 the Department of the Environment, Community
and Local Government, in conjunction with the EPA,
developed Environlink which is a website designed to
provide information to officials in public bodies and to be a
platform for discussion. It is a repository of knowledge,
containing circulars, legislation, national and European
case law. It is a user-driven network which facilitates
discussions and working groups, where officers in public

authorities can share their experience and knowledge. The

Environlink website provides information to public
authorities on the requirements imposed by the Aarhus
Convention. This resource has been developed to better
equip local authorities to fulfil their obligations under the
convention.
Focus for 2014 will include the roll-out of training to public
bodies on AIE Regulations and also the commencement of
a data monitoring system similar to that in place for FOI.
Recommendation 32
Make sure that Irish legal provisions for public
participation and access to justice are consistent with the
main requirements of the Aarhus Convention, with a view
to the ratification of the Convention
Ireland signed the Aarhus Convention on Access to
Information, Public Participation in Decision- Making and
Access to Justice in Environmental Matters on 25 June
1998.
Ireland ratified the Aarhus Convention on 20th June 2012,
following confirmation from the Office of the Attorney
General that its provisions were fully implemented in
national law.
The provisions of the Aarhus Convention are broken down
into three pillars: access to information, public
participation in decision-making and access to justice in
environmental matters.
Access to Information
Articles 4 and 5 of the Convention concern environmental
information. Members of the public are entitled to request
environmental information from public bodies and these
bodies are obliged to maintain this information. This
includes information on the state of the environment,
policies and measures taken, or on the state of human
health and safety, where this can be affected by the state
of the environment. Some information is exempt from
release, for example where the disclosure would adversely
affect international relations, national defence, public
security, the course of justice, commercial confidentiality
or the confidentiality of personal data. Information may
also be withheld if its release could harm the environment,
such as the breeding sites of rare species. The Access to
Information pillar has been implemented in the EU

Directive 2003/4/EC on Public Access to Environmental

Information and in Ireland by the European Communities
(Access to Information on the Environment) Regulations
2007- 2011.
42
Public Participation in Decision-Making
Under the Convention, the public has a right to participate
in decision-making in environmental matters.
Arrangements should be made by public authorities to
enable the public to comment on, for example, proposals
for projects affecting the environment, or plans and
programmes relating to the environment. Any subsequent
comments are to be taken into consideration in the
decision-making process. Information must be provided on
the final decisions and the reasons for it. In the European
Union, this part of the Aarhus Convention has been
implemented by Directive 2003/35/EC on public
participation (the Public Participation Directive).
Several pieces of legislation have been used to transpose
the Public Participation Directive into Irish law, including
the integration of its requirements into Irish planning law
and into legislation governing other environmental
consents. For example, in the planning system, members
of the public may submit observations on planning
applications and may appeal planning decisions to An Bord
Pleanla (Planning Board).
Access to Justice
Article 9 of the Aarhus Convention allows the public to
access to justice, i.e. the right to seek redress when
environmental law is infringed and the right to access
review procedures to challenge public decisions that have
been made without regard to the two other pillars of the
Convention.
Article 9(1) addresses access to justice in respect of
requests for environmental information. It has been
implemented in Ireland by the European Communities
(Access to Information on the Environment) Regulations
2007-2011. These regulations provide for an internal
review mechanism in respect of information requests and
assign the role of Commissioner for Environmental
Information to the Information Commissioner. Further
information on the work of the Commissioner for

Environmental Information is available from their website,

referenced in Appendix 1.
All members of the public are required to have access to
review procedures to challenge decisions relating to the
environment, made by public bodies or private persons.
These procedures must be 'fair, equitable, timely and not
prohibitively expensive'.
A number of pieces of legislation were introduced to assist
Ireland in meeting its obligations under this pillar. One of
the most significant legislative instruments, the
Environment (Miscellaneous Provisions) Act 2011,
introduced new costs rules to apply in certain cases, as
well as a requirement that Judicial Notice be taken of the
Convention.
Recommendation 33
Promote broader participation by NGOs and relevant
public organisations in the development and
implementation of national and local development
policies, programmes and projects
The Department of the Environment, Community and
Local Government has continued to ensure that NGOs and
relevant public organisations have been included in the
development and implementation of national and local
development policies, programmes and projects.
In June 2013, the Minister for the Environment, Community
and Local Government and Minister for Housing and
Planning published the first set of statutory guidelines on
the preparation of local authority local area plans. Their
aim is to ensure a continued move towards a stronger,
more evidence-based and plan-led planning system.
43
ENV/EPOC/GEP(2014)5
ENV/EPOC/GEP(2014)5
These new Guidelines will further strengthen the quality
and evidence base of local plans drawing upon the
positive influence of recent planning reforms through the
core strategy process. All City and County Development
Plans already include or will include core strategies that
reach up to the National Spatial Strategy and Regional
Planning Guidelines, while also informing the objectives of
Local Area Plans.
The Guidelines were finalised taking account of

submissions made by interested bodies and members of

the public on foot of an earlier public consultation draft.
The Department recognises the importance of
communities which are at the heart of our planning
system, and as such should be integrally involved in
planning for a more sustainable future and the public
consultation phase confirmed this approach as a
fundamental principle.
The new Guidelines bring about higher standards in the
preparation, presentation and implementation of some
350 local area plans that are prepared by local authorities
around the country ensuring that such plans both reflect
the needs of local communities and comply with national
legislative and policy requirements.
These Guidelines are the first statutory guidance
published for planning authorities on how to deliver on
their mandatory obligations to prepare Local Area Plans
since the concept of local area plans was introduced in
legislation in 2000. The Guidelines will inform the
preparation of local plans for all towns with populations of
over 5,000, as well as informing on-going reviews of local
area plans required by the Planning and Development
(Amendment) Act 2010.
They bring an end to developer-led draft local area plans
ensuring more community planning with ownership of the
local area plan-making process firmly centered on the
local authority while all the time enabling input of relevant
information to the local authority through the statutory
consultation process whether by community groups,
development interests or others.
In particular the guidelines highlight the importance of
building a strong consensus for the plans through local
consultation, of the need to consider the financing and
delivery mechanisms for the implementation of the plans,
and of the requirements for environmental assessments to
comply with relevant EU Directives. A best practice
manual has also been developed to offer additional
support to planning authorities in developing these plans.
In addition to the above the Department has engaged
extensively with NGOs and the wider public on a number
of additional important issues such as retail, flood risk and
more recently wind energy.

This approach has ensured the broader participation of

those outside of the planning system in the development
and implementation of national and local development
policies, programmes and projects.
Recommendation 34
Implement the commitment in the 2007-12 Programme for
Government to introduce a carbon levy on sectors outside
the ETS, focusing efforts where further emission
reductions can be achieved most cost- effectively
In 2009, a Commission on Taxation put forward a number
of recommendations for adoption by Government,
including the introduction of a Carbon Tax on fossil fuels. A
carbon tax of 15 per tonne was introduced in December
2009. The tax was introduced with the aim of integrating
climate change into the annual fiscal budgetary process
and changing behaviour to reduce our greenhouse gas
emissions. The rationale of the Carbon Tax is to change
the relative price of fuels based on CO2 emissions in order
to change consumption patterns, encourage efficiency and
lead to an improvement in environment quality. It
44
is part of a gradual and expanding process; the 2008
Budget took steps to tailor the Vehicle Registration Tax
and Motor Tax so as to encourage the uptake of vehicles
with lower CO2 emissions.
The Carbon Tax was initially levied solely on liquid based
fuels for transport. The following May the tax was
extended to liquid fuels for space and water heating in
buildings. The rate at which the tax is set was increased to
20 per tonne in December 2011 for transport fuels and
May 2012 in regards liquid fuels for space and water
heating.
In order to minimise cross border trading with Northern
Ireland, where different standards apply in regards solid
fuels, the tax was only introduced on coal and peat at a
lower rate of 10 per tonne from May of 2013. It is
anticipated that the full tax will apply to all fuels by May
2014. As ETS installations already face a carbon price for
their emissions, these installations were excluded from the
impact of the new tax. Diesel use in the Agriculture sector
is effectively exempt from any increases in the tax beyond
15 per tonne by way of tax reliefs available to farmers.

The Carbon Tax raised 242m in 2010 and 298.2m in

2011. The tax was not commenced on solid fuels (coal and
peat) at the time. Budget 2012 saw a further increase in
the Carbon Tax of 5 bringing the tax up to 20 per tonne
of CO2 emitted, raising 344m for the year. The Carbon
Tax on solid fuels was commenced on 1 May 2013 but on a
phased basis with 10 per tonne of CO2 emitted applying
from 1 May 2013 and a further 10 per tonne of CO2
emitted to apply from 1 May 2014, thus bringing solid
fuels into line with all other fossil fuels. The tax
contributed 388m to the exchequer in 2013.
Given the relatively limited time period since the
introduction of the carbon tax, the proliferation of other
sectoral policies and measures in the same sectors, and
the fact that its introduction has been sequential rather
than immediate it is difficult at this stage to specifically
quantify its impact. Ex ante analysis by the Economic and
Social Research Institute found that the impact of the tax
on emissions and other key variables would be strongly
subject to the use of the revenues generated. A 20 per
tonne tax would likely result in drops in emissions of the
order of 1.5% and could have a positive impact on
aggregate demand if the revenues were used to reduce
employment taxes. In the event, the introduction
coincided with the onset of a series of austerity budgets
and no specific hypothecation of the revenues occurred.
Nonetheless revenues reached 344m in 2012,
representing about 1% of the total tax take, despite the
fact that the tax was not fully implemented at that time.
An OECD Working Paper on Irelands introduction of the
Carbon Tax, made a number of conclusions in relation to
why Ireland introduced the tax, which referred to the need
to raise additional tax revenue, but which also referred to
the support for a Green Economy in Ireland and the
transitioning to a Smart Economy, with the climate and
energy agenda at the centre of Irelands economic revival,
moving to a low-carbon economy and radically enhancing
energy efficiency.
45
ENV/EPOC/GEP(2014)5
ENV/EPOC/GEP(2014)5
INTERNATIONAL COMMITMENTS AND CO-OPERATION

Recommendation 35
Consider how payments under the agri-environmental
programmes could be better linked to meeting the 2020
greenhouse gas reduction commitment
The continued promotion of climate actions such as the
reduced and most efficient use of fertilisers and also the
protection of soil carbon levels will assist Ireland in
reducing greenhouse gases towards 2020.
Ireland is currently developing further targeted measures
to reduce greenhouse gases under the next Rural
Development Plan. Issues under consideration include
support for: nutrient management planning, low emission
slurry spreading technology, minimum tillage techniques
and promoting the use of green covers. Consideration is
being given to support for knowledge transfer payments to
include targeted knowledge transfer to promote
sustainable resource efficiency at farm level.
Apart from promoting these actions, it is envisaged that
the maximum benefit will be derived from these measures
through targeting at higher output (and therefore higher
emission) farms, for example larger dairy and beef farms
and in areas which have sensitive habitats such as Natura
2000 habitats and high status water quality sites. The
cumulative impact of these measures should assist in
reducing overall emissions at farm level.
Organic Farming
Organic agriculture, in general, requires less fossil fuel per
hectare and per kg of produce due to the avoidance of
synthetic fertilisers and aims at improving soil fertility and
nitrogen supply by using leguminous crops, crop residues
and cover crops. The enhanced soil fertility leads to a
stabilisation of soil organic matter and in many cases to a
sequestration of carbon dioxide into the soils. This in turn
increases the soils water retention capacity, thus
contributing to better adaptation of organic agriculture
under unpredictable climatic conditions with higher
temperatures and uncertain precipitation levels.
Organic production methods emphasising soil carbon
retention are most likely to withstand climatic challenges,
particularly in those countries most vulnerable to
increased climate change. Organic systems are highly
adaptive to climate change due to the application of

traditional skills and farmers knowledge, soil fertilitybuilding techniques and a high degree of diversity. At
present, there are 1,661 organic operators in Ireland with
52,783 hectares of land under organic production
methods. This equates to just over 1% of our agricultural
land. The national target of 5% of Utilisable Agricultural
Area under organic production is reaffirmed in the Food
Harvest 2020 Report.
Research
On-going research will continue to contribute to further
options to reduce emissions from agriculture. The
Department of Agriculture, Food and the Marine has
committed almost 20m to climate change research
projects since 2005 under the Research Stimulus Fund and
continues to monitor on-going research both nationally
and internationally. For example the Gaseous Emissions
and Land Use Network GHG Ireland, is a Network that
aims to bring together all principal investigators working
in the field of agricultural climate change research during
a 4 year initiative. The main focus of this network is to
improve our understanding of carbon stock changes in
agricultural soils in order to contribute to the development
of a more robust inventory and underpin future accounting
for these categories.
46
Recommendation 36
Complete the preparation of a national climate change
adaptation strategy, based on expected adaptation costs
and benefits, and develop a plan for its implementation
The National Climate Change Adaptation Framework
(NCCAF) was published by the Minister for the
Environment, Community and Local Government on 19th
December 2012. It is guided by the EU Policy Framework
on climate change and provides an overarching policy
framework to ensure adaptation measures are taken
across different sectors and levels of government to
manage and reduce Ireland's vulnerability to the negative
impacts of climate change. The aim of the Framework is to
ensure that an effective role is played by all stakeholders
in bringing about an active adaptation policy regime that
can be maintained and enhanced over time.
It is intended to follow a two-phased approach to

adaptation in Ireland: The first phase, already well

underway, addresses national vulnerability to climate
change, based on potential impacts relative to current
adaptive capacity. Reliable information on the range of
socio-economic vulnerabilities, the costs and benefits, and
the options available and appropriate to Ireland, are key
elements to inform effective adaptation planning. Much
work has been done in recent years, by the Environmental
Protection Agency (EPA) and others, to build up the
evidence base necessary to inform development of the
national response. While the NCCAF was published in
December 2012, sufficient high quality data and
information already existed to enable adaptation planning
to begin. The second phase involves the development and
implementation of sectoral and local adaptation action
plans which will form part of the comprehensive national
response to the impacts of climate change.
Sectoral Adaptation Plans
Sectoral Adaptation Plans will be prepared by the relevant
Department or Agency and will be adopted by the relevant
Minister. It is proposed that draft sectoral plans will be
published by mid-2014 and, following approval, reviewed
at least every 5 years. Relevant sectors where sectoral
adaptation plans should be prepared include:
Water and Emergency Planning (Department of
Environment, Community and Local Government),
Marine, Agriculture and Forestry (Department of
Agriculture, Food and the Marine),
Biodiversity and Heritage (Department of Arts, Heritage
and the Gaeltacht),
Transport (Department of Transport, Tourism and Sport),
Energy and Communications (Department of
Communications, Energy and Natural Resources),
Flood Defence (Office of Public Works), and
Health (Department of Health).
47
ENV/EPOC/GEP(2014)5
ENV/EPOC/GEP(2014)5
Local Adaptation Plans
The spatial planning process, with full engagement of key
stakeholders, provides an established means through
which to implement and integrate climate change

objectives, including adaptation, at local level. Under the

Framework, local authorities will make an assessment of
the extent to which existing development plans
adequately address adaptation to climate change and,
where they consider it necessary and appropriate, they
should have a review process underway by mid-2014.
Local development planning will, in effect, become the
mechanism for the delivery of local climate adaptation
action.
National Oversight
Oversight of implementation of the NCCAF, in a manner
which secures the necessary integrated cross-Government
approach to adaptation planning, will be managed by the
Department of the Environment, Community and Local
Government.
The governance structure in climate adaptation planning
will be underpinned by primary legislation, i.e. the Climate
Action and Low-Carbon Development Bill. It is expected
that the Bill will be enacted in 2014.
The Government will support and facilitate adaptation
planning through preparation of guidelines for integrating
adaptation into development plans as well as guidance on
adaptation-proofing of Strategic Environmental
Assessment. The Department of the Environment,
Community and Local Government and the Environmental
Protection Agency (EPA) are working together on the
preparation of these guidelines. Research work for the
purposes of developing the guidelines is at an advanced
stage and is expected to be completed within a few
months.
In order to ensure effective monitoring and review, it is
important that adaptation plans identify those who will be
responsible for monitoring the plans, the criteria against
which plans will be reviewed, and the review process and
the timescales for such reviews to take place. Future work
under the EPAs Climate Change Research Programme will
take account of the need for adaptation indicators to
assist in monitoring and review of plans as well as allowing
for comparison across plans. This will also assist in the
national reporting requirements which may arise within
the EU and at the wider international level under the UN
Framework Convention on Climate Change.

Recommendation 37
Speed up preparation of a National Contingency Plan for
pollution by oil and by hazardous and noxious substances;
increase the means of the Irish Coast Guard to effectively
implement it
A National Contingency Plan for pollution by oil and other
hazardous substances is currently being drafted and, on
completion of risk assessment and consultation with
stakeholders, is due for completion in Q4 2014.
Following on from Value for Money reviews of the maritime
accident and emergency response the Minister for
Transport, Tourism and Sport announced a Maritime Action
Plan in 2013. Recognising that in the current economic
climate, it would be difficult to provide additional
resources for the pollution prevention and other functions
of the Irish Coast Guard, the Department of Transport,
Tourism and Sport has established a new Irish Maritime
Administration (IMA) which will respond to resource
deficiencies through significant changes in organisational
structures, human resource deployment, enhanced IT
solutions and improved work processes. These changes
will help to free up technical resources which have been
used in tasks of a more administrative nature by
transferring these functions to administrative staff.
48
The IMA will provide more effective planning, prioritisation
and monitoring of services delivery and better cooperation and communication strategies.
The Environmental Performance Review of Ireland also
referred to the Bonn Agreement and to the fact that
Ireland had not yet become a full member. In the
meantime, Ireland has become a member and is taking an
active part in its activities.
Recommendation 38
Maintain the strong commitment to mainstreaming
environmental concerns in official development
assistance, including by helping partner countries
undertake SEA on their development plans and strategies
Irish Aids Environment Policy for Sustainable
Development outlines an overall policy goal to promote
environmentally sustainable development that is
consistent with the economic, social and environmental

needs and priorities of people in developing countries and

contributes to poverty reduction.
Four supporting policy objectives were specified:
1. To raise awareness of links between environmental
sustainability and poverty reduction to inform
development policy,
2. To integrate principles of sustainable development into
Irish Aids policies and programmes to ensure
environmental sustainability,
3. To continue to engage with key Multilateral
Environmental Agreements and with agencies to
demonstrate commitment to resolving global
environmental problems, and
4. To assist developing countries to prepare for and adapt
to changing conditions while taking action to reduce
negative impacts on the most vulnerable members of
society.
Our Sustainable Future, a Framework for Sustainable
Development for Ireland which was published in June
2012, renewed Irelands commitment to implementing
Irish Aids Environment Policy for Sustainable
Development, i.e., that the Irish Aid Programme will
continue to integrate the principles of sustainable
development into its activities to promote developmental
fairness in light of changing environmental conditions in
developing countries. This will be done primarily through
the existing Environment Policy for Sustainable
Development and Environment Mainstreaming, the
performance of which will be reviewed and revised if
necessary. Ireland will maintain its strong commitment to
mainstreaming environmental concerns in Overseas
Development Assistance (ODA), including supporting
developing countries to advance low-carbon and climate
resilient development plans, including in the agriculture
sector.
In 2013, Irelands policy for International Development
One World One Future identified three goals that
encompass environmental sustainable mainstreaming by
reducing vulnerability and building peoples resilience,
ensuring environmentally sustainable economic growth
that benefits poor people and responds effectively to
climate change, and strengthen governance that builds

resilience and promotes sustainable development. A

priority action area identified was Climate Change and
Development. A number of commitments have been
identified to mainstream environment sustainability across
Irish Aid programmes. Key amongst these is the following:
49
ENV/EPOC/GEP(2014)5
ENV/EPOC/GEP(2014)5
Programme Appraisal
Building on the synergy between priority areas for action
and appraising programmes against the economic, social
and environmental aspects of development, recognising
their inter linkages and ensuring that these remain
balanced at all times.
CSPs & Green Economy
Ireland has provided support to developing countries to
adopt low carbon and climate resilient development plans
for future sustainable growth and development. This
requires a greening of Irish Aids development efforts and
requires that Green Economy issues are considered in our
internal strategy processes and addressed at the planning
stages of Country Strategies Papers.
Continued and increased investment in areas of social
protection, disaster risk reduction, conservation
agriculture, nutrition and crop development and
diversification of livelihoods and other climate relevant
activities, ensuring that the lives of the most vulnerable
are made more resilient to climatic and other shocks.
Ireland has demonstrated incremental progress and now
five of the nine Country Strategy Papers (CSPs) have
mainstreamed environmental sustainability and include
significant climate change adaptation components in each
programme.
International Commitments
Irish Aid contributes to meeting Irelands international
climate change finance commitments, including continued
efforts to improve reporting mechanisms. Irelands
international climate finance contributions are mainly from
ODA: Irish Aid provided climate finance of 34.167 million
in 2011 and 33.22 in 2012. The OECD Environment
purpose codes and Rio markers are mapped across Irish
Aid programmes. Irish Aid actively engages within the EU

in particular on the UNFCCC process and its funding

mechanisms.
Ireland has established a Cabinet Committee on Climate
Change and the Green Economy (CCCCGE) supported by a
Senior Officials Group (SOG) drawn from a number of
Departments including Department of the Environment,
Community and Local Government, the Department of
Public Expenditure and Reform, the Department of Finance
and the Department of Foreign Affairs and Trade. The
CCCCGE adopts a whole of Government approach towards
meeting Irelands international environment and climate
change commitments.
Strategic Environment Partnerships Programme (SEPP)
To support the roll out of Irish Aids Environmental Policy, a
three year Strategic Environment Partnerships Programme
(SEPP) was designed and implemented. The SEPP built on
previous experience taking into account the findings of an
external review, the progress made, and learning gained
through relationships built with the partner organisations
in recent years. The emphasis of the Strategic
Environment Partnerships Programme was on maximising
the potential synergies between Irelands international
engagement and linkages with key partner countries,
mainly in sub-Saharan Africa.
While maintaining a focus on improving Irish Aids
institutional capacity to implement its environment policy,
the programme used current partnerships to engage with
major environmental challenges facing developing
countries.
The programme successfully allowed Irish Aid to
contribute directly to environmentally sustainable
activities in developing countries whilst learning from the
expertise and experience of the partner institutions and
building Irish Aids internal capacity on environment and
climate change.
50
To assist developing countries to prepare for and adapt to
changing conditions support was provided to the Least
Developed Countries Expert Group (LEG), under the UN
Framework Convention Climate Change, which has a remit
to provide technical support to Least Developed Countries
(LDCs) to design and implement National Adaptation Plans

of Action (NAPA) and these have now been developed for

48 LDCs. Irish Aid continues to support UNFCCC-LEG and
work is now underway to develop the National Adaptation
Plans (NAPs) for all LDCs.
The least developed countries access financing to
implement the NAPAs through the Least Developed
Countries Fund (LDCF), managed by the World Banks
Global Environment Facility (GEF) for the United Nations
Framework Convention on Climate Change secretariat.
Ireland has provided funding to the LDCF through Irish Aid
and also from the Department of the Environment,
Community and Local Government.
51
ENV/EPOC/GEP(2014)5
ENV/EPOC/GEP(2014)5
APPENDIX 1: WEBSITE LINKS
Organisation:
The Department of the Environment, Community and
Local Government
Document Title:
Reference Table Legislation and/or Policy Implemented
Under Article of the Aarhus Convention
Website Address:
http://www.environ.ie/en/Environment/AarhusConvention/A
arhusLegislation/
Organisation:
The Department of Health
Document Title:
Healthy Ireland A Framework for Improved Health and
Wellbeing
Website Address:
http://www.dohc.ie/publications/pdf/HealthyIrelandBrochur
eWA2.pdf?direct=1
Organisation:
The Department of Transport, Tourism and Sport
Document Title:
Value For Money and Policy Review of the Rural Transport
Programme
Website Address:
http://www.transport.ie/upload/general/13464-20110630
VFM FINAL REPORT-0.PDF

Organisation:
Environmental Protection Agency
Document Title:
Resource Efficiency Webpage
Website Address:
http://www.epa.ie/begreen/
Organisation:
Environmental Protection Agency
Document Title:
National Waste Prevention Programme (NWPP) Annual
Report 2012
Website Address:
http://www.epa.ie/pubs/reports/waste/prevention/nwppann
ualreport2012.html
Organisation:
Environmental Protection Agency
Document Title:
National Waste Prevention Programme (NWPP) 2014 to
2020 - Draft for Public Consultation
Website Address:
http://www.epa.ie/pubs/consultation/
Organisation:
The Geological Survey of Ireland
Document Title:
Groundwater Protection Schemes
Website Address:
http://spatial.dcenr.gov.ie/imf/imf.jsp?site=Groundwater
Organisation:
National Transport Authority
Document Title:
Regional Cities Programme & Accessibility Programme:
2012
Website Address:
http://www.nationaltransport.ie/wpcontent/uploads/2013/10/Regional-Cities-GrantProgramme-Report-2012.pdf
Organisation:
National Transport Authority
Document Title:
Strengthening the Connections in Rural Ireland

Website Address:
http://www.nationaltransport.ie/wpcontent/uploads/2012/09/Strengthening-the-Connectionsin-Rural-Ireland.pdf
Organisation:
The Office of the Commissioner for Environmental
Information
Website Address:
https://www.ocei.gov.ie/en/

Legislation
implementing the
Aarhus Convention in
Ireland
On 23 July 2014, Mr Alan Kelly, T.D., Minister for
Environment, Community and Local Government signed
into law, regulations
(link is external)
which will ensure that environmental Non-Governmental
Organisations (NGOs), meeting certain criteria, will be
automatically deemed to have sufficient interest if they
seek a judicial review of decisions of public bodies which
fall under the Environmental Impact Assessment or
Industrial Emissions Directives.
This provision is provided with respect to those NGOs
whose aims and objectives relate to the promotion of
environmental protection and who have pursued these
aims for over one year.
The Regulations also provide that the courts deal with
cases under these Directives as expeditiously as possible,
consistent with the administration of justice.
These regulations do not change the existing status quo in

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legal cases as the courts already provide for these rights

in practice. These regulations explicitly provide in law what
is already in place in practice.
The following legislation has been amended by this SI:
Section 7 of the Arterial Drainage Act 1945 (No. 3 of 1945)
Section 87 of the Environmental Protection Agency Act
1992 (No. 7 of 1992)
Section 29 of the European Communities (Assessment
and Management of Flood Risks) Regulations 2010 (S.I.
No. 122 of 2010)
Section 73 of the Fisheries (Amendment) Act 1997 (No. 23
of 1997)
The Foreshore Act 1933 (No. 12 of 1933)
Section 40A of the Gas Act 1976 (No. 30 of 1976)
The National Monuments Act 1930 (No. 2 of 1930)
Section 13A of the Petroleum and Other Minerals
Development Act 1960 (No. 7 of 1960)
Section 47A of the Transport (Railway Infrastructure) Act
2001 (No. 55 of 2001)
Section 43 of the Waste Management Act 1996 (No. 10 of
1996)
Similar amendments were made with respect to
agricultural consent systems in the European
Communities (Environmental Impact Assessment)
(Agriculture) (Amendment) Regulations 2013
(link is external)
,
You are advised to read the disclaimer document on the
Irish Statute Book website
(link is external)
before downloading material from their site.
Air Quality Act 1987, Number 6 of 1987
Citizens Information Act 2007, Number 2 of 2007
Comhairle Act 2000, Number 1 of 2000
Dumping at Sea Act 1996, Number 14 of 1996
European Communities (Environmental Assessment of
Certain Plans and Programmes) Regulations 2004, S.I.

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No. 435/2004
European Communities (European Pollutant Release and
Transfer Register) Regulations 2007, S.I. No. 123/2007
European Communities (Energy Efficiency Requirements
For Household Electric Refrigerators, Freezers and
Combinations Thereof ) Regulations, 1997, S.I. No.
482/1997
European Communities (Energy Labelling of Household
Air-Conditioners) Regulations 2002, S.I. No. 578/2002
European Communities (Energy Labelling of Household
Combined Washer Dryers) Regulations, 1997, S.I. No.
319/1997
European Communities (Energy Labelling of Household
Dishwashers) (Amendment) Regulations, 1999 , S.I. No.
171/1999
European Communities (Energy Labelling of Household
Dishwashers) Regulations, 1998, S.I. No. 210/1998
European Communities (Energy Labelling of Household
Electric Ovens) Regulations 2002, S.I. No. 579/2002
European Communities (Energy Labelling of Household
Electric Tumble Driers) Regulations, 1996, S.I. No.
110/1996
European Communities (Energy Labelling of Household
Electric Washing Machines) (Amendment) Regulations,
1997 , S.I. No. 208/1997
European Communities (Energy Labelling of Household
Electric Washing Machines) Regulations, 1996, S.I. No.
109/1996
European Communities (Energy Labelling of Household
Lamps) Regulations, 1999, S.I. No. 170/1999
Environment (Miscellaneous Provisions) Act 2011,
Number 20 of 2011
Environmental Protection Agency Act 1992, Number 7 of
1992
Environmental Protection Agency (Advisory Committee)
Regulations 2009, S.I. No. 218/2009
Environmental Protection Agency (Licensing)

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(Amendment) Regulations 2004, S.I. No. 394/2004

Environmental Protection Agency (Licensing)
(Amendment) Regulations 2008, S.I. No. 382/2008
Environmental Protection Agency (Licensing)
(Amendment) Regulations 2010, S.I. No. 351/2010
Environmental Protection Agency (Licensing) Regulations,
1994, S.I. No. 85/1994
Equal Status Acts 2000 2011, No 8 of 2000
European Communities (Access to Information on the
Environment) Regulations 2007, S.I. No. 133/2007 (link is
external)
European Communities (Access to Information on the
Environment) (Amendment) Regulations 2011, S.I. No.
662/2011
European Communities (Consumer Information on Fuel
Economy and CO2 Emissions of New Passenger Cars)
Regulations, 2001, S.I. No. 339/2001
European Communities (Environmental Assessment of
Certain Plans and Programmes) (Amendment)
Regulations 2011, S.I. No. 200/2011
European Communities (Environmental Impact
Assessment) Regulations, 1989, S.I. No. 349/1989
European Communities (Environmental Impact
Assessment) (Amendment) Regulations, 1994, S.I. No.
84/1994
European Communities (Environmental Impact
Assessment) (Amendment) Regulations, 1996, S.I. No.
101/1996
European Communities (Environmental Impact
Assessment) (Amendment) Regulations, 1998, S.I. No.
351/1998
European Communities (Environmental Impact
Assessment) (Amendment) Regulations, 1999, S.I. No.
93/1999
European Communities (Environmental Impact
Assessment) (Amendment) Regulations 2006, S.I. No.
659/2006

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European Union (Environmental Impact Assessment and

Habitats) Regulations 2011, S.I. No.473/2011
European Communities (Public Participation) Regulations
2010, S.I. No. 352/2010
European Communities (Re-Use of Public Sector
Information) Regulations 2005, S.I. No. 279/2005
Foreshore Act, 1933, Number 12 of 1933
Foreshore and Dumping at Sea Act 2009, Number 39 of
2009
Forestry Act, 1946, Number 13 of 1946
Freedom of Information Act, 1997, Number 13 of 1997
Freedom of Information (Amendment) Act, 2003, Number
9 of 2003
Gas Act, 1976, Number 30 of 1976
Genetically Modified Organisms (Contained Use)
Regulations, 2001, S.I. No.73/2001
Genetically Modified Organisms (Deliberate Release)
Regulations 2003, S.I. No. 500/2003
Genetically Modified Organisms (Transboundary
Movement) Regulations 2004, S.I. No. 54/2004
European Communities (Energy Labelling of Household
Electric Refrigerators and Freezers) Regulations, 1995 ,
S.I. No. 122/1995
Local Government (Water Pollution) Act 1977, Number 1
of 1977
Minerals Development Act 1940, Number 31 of 1940
Non-Fatal Offences Against the Person Act, 1997, Number
26 of 1997
Petroleum & Other Minerals Development Act 1960,
Number 7 of 1960
Planning & Development Acts 2000 2011 (link is
external)
Planning and Development (Strategic Environmental
Assessment) Regulations 2004, S.I. No. 436 of 2004
Planning and Development Regulations 2001-2007 (link is
external)
Protection of the Environment Act 2003, Number 27 of

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2003
Radiological Protection Act, 1991, Number 9 of 1991
Waste Management (Amendment) Act, 2001, Number 36
of 2001
Waste Management (Licensing) Regs 1994-2010
Waste Management Act,1996, Number 10 of 1996
Water Services Act 2007, Number 20 of 2007
Wildlife Act, 1976, Number 39 of 1976
http://www.housing.gov.ie/environment/aarhus-convention/aarhuslegislation

The United Nations Economic Commission for Europe

(UNECE) Protocol on Pollutant Release and Transfer
Registers, also known as the PRTR Protocol, is a Protocol
to the Convention on Access to Information, Public
Participation in Decision-making and Access to Justice in
Environmental Matters, known as the Aarhus Convention.
The Aarhus Convention contains a provision requiring
each Party to establish a coherent, nationwide system of
pollution inventories or registers on a structured,
computerised and publicly accessible database compiled
through standardised reporting. This led to the adoption
of the PRTR Protocol in Kiev in 2003.
The PRTR Protocol requires each of its Parties to
establish and maintain a publicly accessible national
Register that meets certain requirements that are set out
in the Protocol. The Irish PRTR was established in
October 2011 and is available on the EPA website
(link is external)
. This publicly accessible register contains information on
the release of a defined set of pollutants from certain
specified activities from facilities, into the environment,
including during transfers to other facilities. Ireland ratified
the PRTR Protocol on 20 June 2012.

Monitoring and reporting

In 2013 DECLG completed a public consultation to
interested parties to provide the UNECE, the PRTR
Protocol Secretariat and the PRTR Protocol Compliance

Committee with the widest possible range of views and

opinions on issues related to the implementation and
practical arrangements for the promotion of the PRTR
Protocol in Ireland. This was a requirement under Article
17, paragraph 2, of the PRTR Protocol that the Meeting of
the Parties (MOP) keep the implementation of the PRTR
Protocol under continuous review, through regular
reporting by the Parties with National Implementation
Reports.
The outcome of this fed into the work carried out by the
PRTR Protocol MOP and into the effective implementation
of the PRTR Protocol by the Parties to the Protocol, as
well as providing useful material across the wider policy
development agenda.

Pollutant Release and Transfer

Register

Welcome to Irelands Pollutant Release and Transfer Register

section of the website. Use the left hand menu to find out

about PRTR, use the search and map function, view the major
emitters in Ireland and access operator information for
reporting PRTR information. This is an emissions register
resembling the register that exists in several countries in
Europe. It is an important milestone towards the Iris
Government's ratification of the UN Protocol on PRTR.
The pollutant release and transfer register lists in excess of 350
industrial facilities engaged in environmentally hazardous
activities. Those activities are divided into nine (9) activity sectors.
Each year the activity concerned submits environmental reports to
the Environmental Protection Agency (EPA). Every company that is
the subject of information in the register has a permit/licence for its
own activities and emissions. Please note that the reporting of
emissions through PRTR does not imply that a facility is
causing environmental pollution. The EPA licensing system
ensures that environmental controls are in place to minimise
any potential impact that these emissions may have on the
environment
For each facility, information is provided concerning the amount of
pollutant releases to air, water and waste water as well as off-site
transfers of waste, from a list of 91 PRTR pollutants including
heavy metals, pesticides, greenhouse gases and dioxins for the
years 2007- 2014. This information will be updated as information
is submitted to Europe.
The data shown in this register is updated annually. The current
release (May 2016) shows emissions for 2007, 2008, 2009, 2010,
2011, 2012, 2013 & 2014. The EPA is continually validating data
with a view to improving what is a very complex process, to ensure
all future data is as robust and accurate as possible.
The PRTR register is intended to make it easier for citizens to gain
information about emissions to the environment. Over the course
of time, we will be adding more information and links. If you would
like to discuss any aspect of the information provided, or if you
have any suggestions, please email us and we will revert as soon
as possible. Alternatively contact us atPRTR TeamOffice of
Environmental SustainabilityEnvironmental Protection Agency
Johnstown Castle EstateWexford.Tel: 053-916 0600

The Parties to this Protocol, Recalling article 5, paragraph

9, and article 10, paragraph 2, of the 1998 Convention on
Access to Information, Public Participation in Decisionmaking and Access to Justice in Environmental Matters
(the Aarhus Convention),

http://www.unece.org/fileadmin/DAM/env/pp/prtr/Protocol
%20texts/PRTR_Protocol_e.pdf

Submissions received Public Consultation on

Irelands Aarhus
Convention National
Implementation Report
2014
Preliminary Draft
An Taisce Submission - Aarhus
Convention
http://www.housing.gov.ie/site
s/default/files/an_taisce_submi
ssion__aarhus_national_implmentati
on_report_2014_preliminary.p
df

Public Consultation on the Implementation of the UNECE Aarhus

Convention in Ireland Submission by David Browne, Ph.D.,
Barrister-at-law1
http://www.housing.gov.ie/sites/default/files/browne_submission__aarhus_national_implmentation_report_2014_preliminary.pdf
Coillte Submission - Aarhus Convention
http://www.housing.gov.ie/sites/default/files/coillte_submission_-

_aarhus_national_implmentation_report_2014_preliminary.pdf
Cunningham Submission - Aarhus Convention
http://www.housing.gov.ie/sites/default/files/cunningham_submissi
on_-_aarhus_national_implmentation_report_2014_preliminary.pdf
Department of Agriculture Submission - Aarhus Convention
http://www.housing.gov.ie/sites/default/files/department_of_agricul
ture_submission__aarhus_national_implmentation_report_2014_preliminary.pdf

eirgrid_submission
Aarhus_national_implmentation_report_
2014_preliminary

http://www.housing.gov.ie/sites/default/files/eirgrid_submission__aarhus_national_implmentation_report_2014_preliminary.pdf
Environment Pillar Submission - Aarhus Convention
http://www.housing.gov.ie/sites/default/files/environment_pillar_su
bmission__aarhus_national_implmentation_report_2014_preliminary.pdf
EPAW Submission Part 1 - Aarhus Convention
http://www.housing.gov.ie/sites/default/files/epaw_submission_part
_1_-_aarhus_national_implmentation_report_2014_preliminary.pdf
EPAW Submission Part 2 - Aarhus Convention
http://www.housing.gov.ie/sites/default/files/epaw_submission_part
_2_-_aarhus_national_implmentation_report_2014_preliminary.pdf
Fs Nua Submission - Aarhus Convention
http://www.housing.gov.ie/sites/default/files/fis_nua_submission__aarhus_national_implmentation_report_2014_preliminary.pdf
Friends of the Irish Environment Submission - Aarhus Convention
http://www.housing.gov.ie/sites/default/files/friends_of_teh_irish_e
nvironment_submission__aarhus_national_implmentation_report_2014_preliminary.pdf
Heritage Council Submission - Aarhus Convention
http://www.housing.gov.ie/sites/default/files/heritage_council_sub
mission__aarhus_national_implmentation_report_2014_preliminary.pdf
IPI Submission - Aarhus Convention
http://www.housing.gov.ie/sites/default/files/ipi_submission__aarhus_national_implmentation_report_2014_preliminary.pdf
Irish Water Submission - Aarhus Convention
http://www.housing.gov.ie/sites/default/files/irish_water_submissio
n_-_aarhus_national_implmentation_report_2014_preliminary.pdf
Kay Keane from Jobstown. Attended the protest and she's not
apologising! Kay gives her take on why Joan Burton's testimony
against a 17 year old (15 at the time) is just another act of

treachery by The Labour Party. See you Tuesday as trial ends.

jobstown not guilty Sept 26th 2016
https://www.facebook.com/1056889327677242/videos/130583502
6116003/?hc_ref=NEWSFEED

So well said! A great reminder of how far the Labour Party have
fallen away fro their roots. Joan Burton's comments about clean
tracksuits is discriminatory at the very least and reveals her latent
bias against the working classes.

THE CRIMINALISATION OF
SOCIAL PROTEST IN
IRELAND : THE JOBSTOWN
AFTERMATH AND THE
ECHR
February 16, 2015

Human Rights in Ireland welcomes this guest post from

John OShea. John holds a law degree, BCL from NUIG,
an MA in Public Advocacy and an LLM in International
Human Rights law from the Irish Centre for Human Rights,
(NUIG). He has recently returned from Colombia where he
worked with Trade Unionists, and the Guardianes del
Agua in the Northern Highlands of Peru.
The anti austerity and anti water privatisation movements
in the Republic of Ireland gathered momentum towards the
end of 2014, culminating in large scale protests in the
capital and many towns and cities around the country. The

state owned television and radio broadcaster continuously

downplayed the strength of the protests, and provided a
negative portrayal of protesters on daily and evening news
(see here). Persistently focusing on incidental negative
elements of this grass roots social movement. The
Tanaiste, Ms. Joan Burton (Irish Deputy Prime Minister
and member of the Irish Labour Party) met face to face
with a minor demonstration at Jobstown, Dublin on
November 15th 2014. Ms. Burton was initially struck with a
water balloon as she entered the reception at An Cosan
(Higher Education Centre. (see here.) Afterwards, she
became delayed in a parked car for more than 2 hours
while attempting to leave the engagement, due mainly to a
peaceful sit-in on the public road. She eventually left the
scene after Gardai (police) reinforcements arrived.
The Aftermath
The Irish state responded to these events, three months
later, beginning on Feb 9th 2015. Mr. Paul Murphy (Anti
Austerity Alliance and elected representative to Dail
Eireann) and councillors Mr. Kieran Mahon and Mr. Mick
Murphy (both Anti Austerity Alliance) were the first three
among twenty peaceful protesters arrested during a week
long Garda action. Mr. Paul Murphy was brought to
Terenure Garda station for the alleged false imprisonment
of Ms. Joan Burton in her car during the Jobstown
demonstration (see here.) Although he and the others
engaged with the Police at some level, following legal
advice he refused to answer questions about the
Jobstown demonstration (see here.) None of the twenty

arrested were formally charged. These very public arrests

occur two weeks before planned protests at the Annual
Labour Party Conference in Killarney on February 28th
2015. In light of the events at Jobstown, this
post examines the right to social protest and state
obligations under the European Convention on Human
Rights.
Civil Society and Democracy
The collective longing of a society, vocally expressed and
manifested through association and peaceful assembly, is
a fundamental cornerstone of democracy (see UN High
Commission report here.) Indeed, it forms part of the
necessary ambit for progress and individual fulfilment,
acting as a counterweight to both an authoritarian
government and the tyrannical market. Voluntary
organisations forged in the community, and created to
defend or advance the causes they believe in, are
imperative to the realisation of the good society (see
here.) This requires protection against arbitrary
interference by the State.
Social Protest and the ECHR
The jurisprudence of the European Court of Human Rights
has strongly favoured the right to freedom of expression
and freedom of assembly on the public highway against
restrictions to the right by state authorities (see
Rassemblement Jurassien v Switz here.) Thus, the
unnecessary dispersal of demonstrations, the banning of
marches, and according to Keir Starmer QC, the

instigation of criminal proceedings specifically against

individuals in the aftermath of an assembly all fall under
the rubric of articles 10, and 11 of the European
Convention on Human Rights.
The European Court recognises that the threat of arrest
has a chilling effect on the exercise of freedom of
expression (see Steel and Others v UK , para 99.)
Significantly, the Court has categorically stated that
punitive measures, regardless of how minimal, even those
categorised as implying mainly moral force are
interferences with Convention rights. In the case of Ezelin
v France, a lawyer took part in a demonstration and was
reprimanded by the French Bar Council, for not answering
police questions, and for not disassociating from an
element of the protest which abused the police and wrote
graffiti on public buildings. The penalty was minor but had
moral force. The Court held that this sanction was not
necessary in a democratic society, and contravened article
11 (see para 53.) If these actions are taken in the
aftermath of an assembly, such actions are considered as
equal an interference as the physical removal of the
applicants at the time (see Keir Starmer, p 630.) Thus, the
actions of state authorities must not discourage
individuals, for fear of disciplinary sanctions, from making
clear their beliefs. (see Ezelin v France, para 52.)
Spontaneous Demonstrations
Of course, a demonstration may annoy or give offence to
persons opposed to that which is expressed during an

assembly, (see Plattform Artze fur das leben v Austria,

note 23), and minor disturbances are to be expected in
public gatherings. In the case of Bukta v Hungary a minor
detonation, during a spontaneous demonstration outside a
venue where the Prime Minister was in attendance, did not
convince the Court that there was a danger to public order,
sufficient to warrant dispersal of the assembly. The court
stressed that public authorities must show a certain
degree of tolerance at public gatherings (see para 31.)
With regards to the dispersal of an assembly by state
authorities, including spontaneous demonstrations without
a license if a license is required by national law the
Court will support peaceful demonstration (see G V FRG.)
This means that peaceful intent by the organisers is
sufficient. If an element of disorder materialises during an
otherwise peaceful protest, as quiet often it does, the
Court will balance the danger to public order, against the
right to freedom of assembly. In doing so, the Court will
assess not just the facts of the case at national level but
the entire political backdrop in the state at that time. The
UN Special Rapporteur, on the rights to freedom of
peaceful assembly and association, pointed out that
States should recognise the positive role of peaceful
protests as a means of strengthening human rights and
democracy (see UN High Commissioner Report.)
Blockades and Occupation
In Steel and others v UK the Court stipulated that
expression may take the form of physically impeding the
activities of which the protesters disapprove. This

constituted expressions of opinion within the meaning of

article 10. It appears a certain amount of impediment will
be protected, however if those protesting create a danger
of serious physical injury to themselves and others, arrest
most likely will be deemed a proportionate restriction of
the right. The peaceful occupation of a building, even if
clearly against domestic law, may also be regarded as
peaceful assembly in certain cases (see Cisse v France.)
In this case the church did not make a complaint to the
authorities about their occupiers.
In the case of G v FRG, the Commission held that the
conviction of a protester engaged in a spontaneous
peaceful sit in, blocking the entrance to an American
Barracks in Germany, was a violation of his right to
peaceful assembly. His conviction needed to be justified
as a restriction prescribed by law, and necessary in a
democratic society for one of the purposes set out in
Article 11 para. 2 of the Convention. At the 14 year long
Corrib Gas Dispute in County Mayo, Ireland, numerous
incidents of police brutality have been documented (see
here.) Strategies in Rossport circa 2011, appear to include
the continuous arrest of protesters outside Shell gates,
then later released without charge. Thus the protesters
were denied their right to freedom of assembly on the
public highway or their right to a public hearing.
Interestingly, it is reported in the Guardian Newspaper that
Shell provided consignments of alcohol worth 35,000 to
the Belmullet Garda station at Christmas 2007 (see here.)
The actions of the police in Rossport often appear to be in
direct conflict with the States positive obligation to enable

lawful demonstrations to proceed peacefully.

Restrictions on the Right to Freedom of Assembly.
Restrictions and penalties must be prescribed by law, have
a legitimate aim and be necessary in a democratic society.
The term necessary implies the existence of a pressing
social need (see Barthold v Germany, para 55.) The term
pressing social need must include the clear and present
danger test in light of the particular circumstances of the
case (see Arrowsmith v UK, para 95.) The contracting
states have a margin of appreciation in assessing whether
such a need exists but this goes hand in hand with
European Supervision (see Lingens v Austria, para 39.)
Restricting rights to freedom of expression and freedom of
assembly because of legislation which has just been
contravened does not constitute a legitimate aim within
the meaning of article 11(2) (see Cisse v France, para 50)
Is breaking the law justified in certain circumstances?
The general aim of social protest and civil disobedience is
to express ones political and social thoughts and opinions
and effect positive change in our society. These rights,
quiet simply must be protected by the state. There are
occasions when breaking the law may be the only method
available to the protester to adequately express his or her
conscience. This issue arose in the Australian case of
New South Wales District Court, Regina v Kirkwood et al
15th May 2002 (unpub), (cited here.) In this case, 46
Greenpeace activists had deliberately broken the law, by
invading a nuclear power plant, with the intention of

highlighting the inadequate security at the plant. It was

accepted by the presiding judge, that the objectives and
motives of the protesters could not be achieved by
demonstrating at the front gate. Their actions were
necessary to demonstrate in graphic terms the woeful
security at the plant, despite committing the crime of
trespass. Thus, in the arena of civil disobedience, the end
may in certain circumstances, legally justify the means.

Effective measures and best practices to ensure the

promotion and protection of human rights in the context of
peaceful protests Report of the United Nations High
Commissioner for Human Rights*
http://www.icnl.org/research/library/files/Transnational/hrc.pdf

There is No proof or no Evidence that 15 year

old Boy or Any of The other Protesters False
imprisoned Joan Burton Labour TD

Do you know what is scary? People who haven't a clue about what
they are talking about and pushing to have that thing they haven't a
clue about changed because they fear what they haven't a clue
about the very thing they are talking about.
Such was the Claire Byrne Show tonight. Even Lorraine Higgins
made an appearance talking about "online bullying". I wonder did
she conveniently forget about her bullying of Ming Flanagan where
she likened him to a turkey?
They are coming for your Internet folks. This is no mere discussion.
This is a concerted effort to censor social media and they are using
the old "think of the children!!" as the excuse.

16/11/2014 - 17:39:10
Back to Ireland Home

Video footage has emerged of the moment Joan Burton was

hit by a water balloon at the water-charges protest in Jobstown

yesterday.
The Minister was attending a graduation ceremony at Csan
college, where she was met by a group of protesters.
Repeatedly chanting "shame on you" and "we won't pay", the
protesters surround the Tnaiste, who is being ushered along
a short walk to the college by a line of garda.
The video footage shows the moment a water balloon makes
contact with Ms Burton's neck and head (3.11), soaking her
hair on one side. She clearly starts when the balloon makes
contact, then moves on and through the gates of the college
while the protesters continue chanting and waving placards.
The protest - involving up to 1,000 people - also saw the
Tnaiste trapped in her car for more than two hours after she
left the graduation ceremony.
Paul Murphy from the Anti Austerity Alliance said the protest
was not as fraught as people have said.
"It was peaceful," he said. "It certainly was the case that (Joan
Burton) was blocked in her car for a period of time and then
there was a negotiated exit.
"There were a few eggs being thrown by people who were not
really participating in the protest and the residents were
repeatedly asking people not to engage in that kind of thing."
He also said: "I was there at the time Joan Burton got into the
car. It's true that for two or three minutes there was some
banging on the car. I don't think that counts as violence. Joan
Burton was inside the car. She was safe.
"That then stopped and we then had a sit-down protest that
was entirely peaceful."

paraphrased Niemollers words in 2012

Tomorrow a Decision will be made regarding the future of
a 17 year old.. a future that will determine a right we all
accept to assemble and voice our disapproval against
political injustice..
Read the words from Belenus and ask Will you stand for
what is right
"At first they came for the poor and unemployed and I said
nothing...
Then they came for the working man and woman and I
said nothing...
Then they came for the old and the pensioned and I said
nothing...
Then they came for the public sector and I still said
nothing...
Now they come for me... Who will speak up for me?"
So long as we remain divided by class or status, we are
weak and ripe for the picking...
People can only have power IF they put these divisions
aside and think of the greater good. What good you may
ask?
The good of the country for what have we got if we do not
have a country?

Think about it.."

Poll: Fianna Fil Up In

The Polls, Have You All
Lost Your Fucking
Minds?
Poll: Fianna Fil Up In The Polls, Have You All Lost Your
Fucking Minds?
Yes, I have no idea what I'm doing

No, sure didn't they build the roads

Just look into the light please
And the Irish voters repeated this very same voting
pattern in 2016 too. 64% average voter turnout is a
terrible indictment of the people of this country who
consistently complain yet do nothing about it.
Yesterday was a stark reminder that one should never
assume that people are not apathetic.
It's quite clear that the traditional voter blocs of the older
generation and affluent voters went out and voted for
Fianna Fil and Fine Gael and working class and younger
voters didn't. This is the same voting class that have kept
the 90 year dysfunctional dance going time and time
again. Yes there was some damage from the emergence of
newer parties, caused by some progressive voters on the
left but it clearly wasn't enough to break the age old
stranglehold and it could have been had the voter turnout
been higher.
The sad fact is that those who didn't vote will most likely
suffer more than those who did because the affluent voted
along traditional lines to protect their wealth and status
quo. The younger voters and working class have no such
wealth and status quo to protect due to unfair austerity
unevenly distributed throughout society yet they stand to
lose even more now.
You cannot explain it any other way. The non voters are
more responsible for yesterday's results as those who
voted pro-establishment.
The voting bloc was there. From young to old, affluent to
working class, It showed itself during the marriage
equality referendum and they came out in historic record
numbers but when it came to this general election, they
were nowhere to be seen. Why? Is the outcome of one
issue far more important than the outcome of an election
that can affect many issues? Sometimes devastatingly?
Was it just slick marketing and the cool factor that the
election didn't have?
What gave the referendum more gravitas than a general
election?
Never has there been clearer evidence that your vote

counts than the result of yesterday and if 80% or even

90% had come out, we might be looking at a much
different picture today. Especially if those voters were from
the non-traditional working class and younger voting
blocs.
We have to learn from this or the change we seek may
never come..
For those that did make the effort to vote for change, at
least you tried

The vote to prevent Irish Water from being discussed on

the Dil floor on the 22nd of March clearly shows that
Fianna Fail joined Fine Gael and Labour to prevent such a
debate by voting to pass the original order of business

which excludes any discussion of water charges/IW.

If you thought that Fianna Fail were going to champion the
abolishment of Irish Water and the water charges then you
need to wake up.
They have betrayed you...
100 voted T and 34 voted Nl. What happened to the 24 other
Teachta Dla? Why couldn't they be bothered to vote?
Barry Cowan and his brother are traitors to the flag and state, lets
see if the black and tan bastards want to take a court case against
me for that one
Those who abstained may as well be T votes amongst them some
Independents who were voted for their supposed anti water charge
stand. Catherine Connolly in Galway is an example.

It must be great to have power. Especially power when in

the midst of crisis. It also must be great to have friends
who have power too. Friends who can bail you out when
you get in too deep with dodgy investments that were too
risky and ran the risk of failing. After all the old boys
network was created for a reason right?
So how could they help each other out with this power and
still convince the people that is was the "right thing to
do"? Ah you see, this is where the power to change things
comes into play. You see, if you had a pal that was heavily
in debt because his massive golf course resort
development project was on the skids and his bank was
calling in the loan, how would you help him out? Give him
a loan? Not a hope. Sure you're just a Civil Servant, on a
nice wage yes but not that much to be able to bail out
your mates right?
So what if you had the power to use tax payer's money to
pay off these guys' loans? How would you do it? You
couldn't simply write a cheque from the public purse. God
no, they would be hanging you from the nearest lamp post
if you did that! Especially when you would have to cut
people's wages with more taxes during a recession. No,
no, you do it in a round about way. A sneaky long ball,
round about way. Like when you see those deals on the
telly where you can buy now, pay nothing and then start
paying in six months (with massive interest of course). So
how would a clever Senior Civil Servant go about such
things? Ah I'm glad you asked.
Here's how you do it. You set up a special purpose vehicle

and call it a "Bad Bank". A place where all these bad loans
from your mates could go to quietly disappear from public
scrutiny. Mustn't have the taxpayer prying into all those
fancy hotel, golf course, apartment blocks deals that all
went belly up now. You can even get your mates in
government to write a bill or two to exempt your "Bad
Bank" from any and all FOI requests so the public can
never see what you are doing! It's brilliant! So how does
this "Bad Bank" work? First of all you need money so you
need to ask for a massive loan. Let's call it a "bailout"
because you do not dare tell the tax payers it's a loan. Are
you mad? You never tell them it's a loan! Hahaha! A
bailout sounds less corrupt and necessary. You can even
tell them that the country would go belly up without the
bailout! It's brilliant!
Once you have the massive loa...er bailout, you get this
bad bank to assume all the bad loans that were loaned out
from even dodgier banks like Anglo and Irish Nationwide,
who in turn used the money from the bailout to pay off all
the foreign creditors that invested in those banks in full.
You then absolve your mates by taking all their bad loans
and the bust properties from them and thus alleviating
them from any and all obligations and costs that they
would have incurred trying to service those bad loans.
Ah but some of your mates are probably broke (Some may
have even filed bankruptcy to get out from underneath
these bad loans) and the boys club can't have broke
members who are used to a certain lifestyle. Oh no. You
have to give them something to survive on, say 200,000
per year? That should cover it. Let's call it a "salary" to
help in the selling of the assets that the bad bank
assumed. After all, they know those properties inside and
out and they could probably help sell them, to whom, no
one really knows...
A couple of vulture funds maybe? Maybe back to one of
your mates after he or she secures enough funding from
other loans to purchase back their own properties for less
than the original loan values? That would really be
devious!
In the mean time the "Bad Bank" suddenly finds plenty of
buyers for the assets at bargain basement prices and with
the help of your developer mates, now exonerated from

their debts in full by you, can help sell off the assets for
whatever the current "Book value" is set at and obviously
not the original cost of the property loan. Who in their
right mind would pay the original valuation. Absurd!
It doesn't matter what they sell them for really because
the Tax Payer borrowed and paid for it all remember? So
any losses incurred are already absorbed by the people
and put on the long finger for repayment through cuts and
increases in taxes. Don't worry. The Troika will make sure
every cent is repaid so you and your mates can relax.
Have a little champagne and maybe take a holiday.
Meanwhile these same taxpayers have no one to help
them, no one to assume their debts, no one to give them
write-downs on unplayable loans and no one to prevent
them from going broke, homeless or worse. After all, the
average Tax Payer ain't in the Boys Club.
Not by a long shot.
Imagine a celebration about 1916 and not letting people in
with our flag?
Thats what happened today on OConnell Street, a photo
here of the Gardai preventing people taking a tricolour in.
There is not one valid reason for banning the flag, no issue
of public safety as there were hundreds of flags are
various protests we have attended. An order to ban flags
is a political decision.
Our elites fear nationalism.

What did I tell you? I was warning you all that this would
happen. I said this a few weeks ago that if the government
didn't revoke the water basin plan by the 22nd of March
then water charges would become law under the EU. I said
they would use the excuse that the water charges could
not be reversed because of EU law and I was right.
You can thank both Fine Gael and Fianna Fil for the
deliberate stalling on this issue when they clearly knew
that there was a deadline to amend the plan.
The only way to reverse this is a clean sweep of the
establishment from power because it is pointless to expect
them to reverse a course they were instrumental in taking
us all on...

There is no possibility under European law for the

State to suspend or scrap water charges, legal advisers
have told Irish Water.
Amid a deep political schism over the charges,. a legal
opinion commissioned by the utility company says the
State is required under EU law to keep the contentious
regime in place
The advice from senior counsel Garrett Simons and
Michael M Collins argues that there is no option
under European law to return to the practice of not
charging for water.
The introduction of water charges by the last
government means the State can no longer avail of a
very limited exemption in the EU water directive,
they say.
The benefit of the derogation has been lost for all
time, and cannot be revived by seeking to reverse the
decision to introduce charges, the legal opinion states.
New divisions over water are emerging as a potential

barrier to the formation of the next government after

indications that Fianna Fil will demand the
suspension of charges to support a minority Fine Gael
administration.
2
2
2

Water charges tax credit would cost 50m, FF says

Fianna Fil not ruling out backing water charges in
future
Irish Water pleads guilty over Carraroe water plan
delay

Default position

The views of Irish Water have not been sought in

political talks. However, the company will say in any
engagements with political leaders that it sees no legal
way of reversing course.
The legal advice seen by The Irish Times was
commissioned by Irish Water parent company Ervia
and delivered after the recent general election.
It says the default position in the EU directive is that
member states must recover the costs of water services.
Water-pricing policies are intended to contribute to
environmental objectives, they add.
A very limited derogation to this default position is
allowed . . . if it is established practice not to recover
the costs of water services and where this does not
compromise the purposes and the achievement of the
objectives of the [directive]\.
The opinion says the State cannot avail of the
derogation in circumstances where an intention to
cease the previous practice of not imposing a charge for
the provision of water services had been signalled and
was ultimately brought to an end by legislation in 2013.

Directives full rigour

Put shortly, there are no longer any established
practices in Ireland not to charge for the provision of
water services, the legal opinion says.

It was clear that the exemption was only intended to

allow a member state to continue an established
practice of not charging. The full rigour of the
directive applies once the member state decides to
accept the principle of cost recovery by water charges,
as Ireland did.
Moreover, the Irish State has never sought to invoke
the derogation.
The barristers add that the State has never purported
to advance reasons which would justify it not fully
applying the EU water framework directive. They go on
to say three criteria must be met to avail of the
derogation, which is in article 9(4) of the directive.
First, a decision must be made in accordance with
established principles not to apply the recovery of
costs provisions.
Secondly, the purposes and the achievement of the
objectives of the directives must not be compromised.
Thirdly, the reasons for not applying the recovery of
costs provisions must be reported in the river basin
management plans.
None of these are fulfilled in the case of the Irish
State, the barristers state.
In our opinion, the Irish State is obliged to continue to
impose charges for domestic water services.
There is no possibility under European law for the
State to suspend or scrap water charges, legal advisers
have told Irish Water.
Amid a deep political schism over the charges,. a legal
opinion commissioned by the utility company says the
State is required under EU law to keep the contentious
regime in place
The advice from senior counsel Garrett Simons and
Michael M Collins argues that there is no option

under European law to return to the practice of not

charging for water.
The introduction of water charges by the last
government means the State can no longer avail of a
very limited exemption in the EU water directive,
they say.
The benefit of the derogation has been lost for all
time, and cannot be revived by seeking to reverse the
decision to introduce charges, the legal opinion states.
New divisions over water are emerging as a potential
barrier to the formation of the next government after
indications that Fianna Fil will demand the
suspension of charges to support a minority Fine Gael
administration.
2
2
2

Water charges tax credit would cost 50m, FF says

Fianna Fil not ruling out backing water charges in
future
Irish Water pleads guilty over Carraroe water plan
delay

Default position

The views of Irish Water have not been sought in

political talks. However, the company will say in any
engagements with political leaders that it sees no legal
way of reversing course.
The legal advice seen by The Irish Times was
commissioned by Irish Water parent company Ervia
and delivered after the recent general election.
It says the default position in the EU directive is that
member states must recover the costs of water services.
Water-pricing policies are intended to contribute to
environmental objectives, they add.
A very limited derogation to this default position is
allowed . . . if it is established practice not to recover
the costs of water services and where this does not
compromise the purposes and the achievement of the
objectives of the [directive]\.

NOTES: 1. All tokens are represented by '$' sign in the template. 2. You can
write your code only wherever mentioned. 3. "DO NOT" alter the tokens in the
template html as they are required during publishing.

The opinion says the State cannot avail of the

derogation in circumstances where an intention to
cease the previous practice of not imposing a charge for
the provision of water services had been signalled and
was ultimately brought to an end by legislation in 2013.

Directives full rigour

Put shortly, there are no longer any established
practices in Ireland not to charge for the provision of
water services, the legal opinion says.
It was clear that the exemption was only intended to
allow a member state to continue an established
practice of not charging. The full rigour of the
directive applies once the member state decides to
accept the principle of cost recovery by water charges,
as Ireland did.
Moreover, the Irish State has never sought to invoke
the derogation.
The barristers add that the State has never purported
to advance reasons which would justify it not fully
applying the EU water framework directive. They go on
to say three criteria must be met to avail of the
derogation, which is in article 9(4) of the directive.
First, a decision must be made in accordance with
established principles not to apply the recovery of
costs provisions.
Secondly, the purposes and the achievement of the
objectives of the directives must not be compromised.
Thirdly, the reasons for not applying the recovery of
costs provisions must be reported in the river basin
management plans.
None of these are fulfilled in the case of the Irish
State, the barristers state.
In our opinion, the Irish State is obliged to continue to

impose charges for domestic water services.

This is what happen when you confront the political

system. They attack you from the side never toe to toe.
Politicians local and national are cowards at their core.

When you stand up to them, they will do anything to turn

the public against you. They tried to do it with Clare Daly
and Mick Wallace because they tried to expose the
massive corruption at the top.
Now they see fit to release Erica's private details, which is
a clear violation of privacy laws to the gutter press in
order to discredit her and to turn the public against her
fight for the homeless because she took part in a RTE
expos on the homeless crisis.
The headline is misleading in the extreme but par for the
course for the Endapendent. Erica wasn't offered a house.
She was offered two apartments under the HAP scheme
that were owned by private landlords and gave NO
guarantees of security. In fact if the landlord were to
decide to sell, then she would be back in the hotels again
and back to square one...

Only this time, if she had accepted, she would be booted

off the housing list...
They love to turn the poor working class against each
other while BILLIONS are being stolen right under their
noses by Vulture Funds avoiding taxes on their ill gotten
gains...
But that doesn't matter see, Erica's story is more
newsworthy because beggars can't be choosers... Right?
Know your place peasants and don't you DARE question
your betters or else..

Trust in Government Is Collapsing

Around the World
The trend helps explain Trump and
Brexit. Whats next?
On Wednesday, Facebook made an announcement
that youd think would only matter to Facebook
users and publishers: It will modify its News Feed

algorithm to favor content posted by a users friends

and family over content posted by media outlets.
The company said the move was not about
privileging certain sources over others, but about
better connecting people and ideas.
But Richard Edelman, the head of the
communications marketing firm Edelman, sees
something more significant in the change: proof of a
new world of self-reference that, once you notice
it, helps explain everything from Donald Trumps
appeal to Britains vote to exit the European Union.
Elites used to possess outsized influence and
authority, Edelman notes, but now they only have a
monopoly on authority. Influence largely rests with
the broader population. People trust their peers
much more than they trust their political leaders or
news organizations.
For 16 years, Edelmans company has been
surveying people around the world on their trust in
various institutions. And one of the firms findings is
that people are especially likely these days to
describe a person like mea friend or, say, a
Facebook friendas a credible source of
information. A person like me is now viewed as
twice as credible as a government leader, Edelman
said at the Aspen Ideas Festival, which is co-hosted
by the Aspen Institute and The Atlantic. We have a

reversal of traditional influence. It is going not topdown, but sideways.

This is part of a larger divide that has been opening
up between mass populations and informed
publics (Edelman defined the latter group as those
who have a college degree, regularly consume
news media, and are in the top 25 percent of
household income for their age group in a given
country). The 2008 financial crisis, he argued,
produced widespread suspicion that elites only act
in their own interests, not those of the people, and
that elites dont necessarily have access to better
information than the rest of the population does.
The sluggish, unequal recovery from that crisisthe
wealthy bouncing back while many others struggle
with stagnant incomeshas only increased the
skepticism.
The result of all this is deepening distrust of
institutions, especially the government and the
media, among mass populations in many
countries. (Among informed publics, by contrast,
trust in institutions has grown in the years since the
economic crash.)
The financial crisis may have occurred eight years
ago, but some of its gravest consequences are only
now becoming evident. It took people a long time
to come around to the idea that, Im actually not

going to get back to where I was [before the

financial crisis]. In fact, my future is actually quite
dim, Edelman said.
Between the top 25 percent of income earners and
the bottom 25 percent of income earners, theres a
31-point gap in trust in institutions in the United
States, he added. Donald Trump comes right out
of that statistic.
The gap persists across countries facing varying
degrees of economic difficulty: Its 29 points in
France, 26 points in Brazil, and 22 points in India.

Trust in Institutions, by Income Level

2016 Edelman Trust Barometer

The gap is 19 points in the United Kingdom, where

those who recently voted to leave the European
Union, generally had lower incomes and less
education than those who voted to remain. In the
run-up to the referendum, the market-research firm
YouGov found that Leave supporters were far
more likely than Remain supporters to prefer
relying on the opinions of ordinary people than on
those of experts. On the question of Britains
membership in the EU, 81 percent of Leave voters
said they didnt trust the views of British politicians,

compared with 67 percent of Remain voters.

Eighty-five percent of Leave voters said they didnt
trust the views of political leaders in other countries,
compared with 50 percent of Remain voters.
View image on Twitter

Follow

Alex White

8:27 AM - 16 Jun 2016

Edelman said that people tend to trust businesses

more than governments, in part because business
gets stuff done while government is seen as
incapable. People trust technology companies in
particular because they deliver value
This is the essential rationale for Donald
Trumps presidential campaign. He claims to
be the complete opposite of Americas
stupid, incompetent, crooked leaders. He
presents himself as a businessmanmore an
entrepreneur, the head of a family business,
than an elitist Big Businessmanwho will get
stuff done and deliver value. He asks voters
to put their faith in him, not in the discredited
institution of the government that he would
nonetheless need to lead if elected president.
Indeed, a 2015 Pew poll found that Trump is
viewed more favorably by Republicans and
Republican-leaning independents who are
angry with government than by those who
arent.

Percent of Americans Who

Always or Mostly Trust the U.S.
Government
n democratic systems, this deep distrust of
government is corrosive. For democracies to
function properly, the German journalist
Henrik Mller recently wrote, there must be
enough common values that [people] trust
their institutions, that majorities and

minorities respect one another, and that

everyone generally deals fairly with one
another.
The anger currently on display in many parts
of the world is borne of anxiety, including
concern that we may not know how to
architect trusted institutions at scale in public
space, said Jane Holl Lute, the former
deputy secretary of the U.S. Department of
Homeland Security, at a separate session at
the Aspen Ideas Festival. Our institutions
their weight-bearing effectiveness for social
problems of enormous complexity is being
called into question now across the board.
Donald Trumps message may be a response
to this collapse of trust in government, but it
also might further undermine that trust.
Writing in Foreign Policy, the journalist
Valentina Pasquali pointed out that, like
Trump, former Italian Prime Minister Silvio
Berlusconi mercilessly trashed the media, the
judiciary, and political parties. The upshot:
During his time in office, voter-turnout rates
and public trust in Italian institutions
plummeted. Today, Pasquali wrote, Italys
voters remain as apathetic and embittered as
ever.
http://www.theatlantic.com/international/archive/2016/07/t
rust-institutions-trump-brexit/489554/

No wonder our own politicians would just love to censor

the Internet...
"The result of all this is deepening distrust of institutions,
especially the government and the media, among mass
populations in many countries. (Among informed
publics, by contrast, trust in institutions has grown in the
years since the economic crash.)"
They are losing control of the narrative to the likes of
Facebook and the rest of the Internet...
Today FM, owned by Denis tell us that 1,000 marched
today. Does this look like 1000? The propaganda is getting
comical.infact it was 150,00

Inquiries do not just kick the can down the road until the
people forget....
"Any statement or admission made at a tribunal cannot be
used in evidence against a person in criminal
proceedings."
This is the REAL reason they have "Inquiries" and not real
court cases..

RTE, Spindo, FG, Lab & FF don't want anyone to see

today's #Right2Water Rally in Dublin, so whatever you do
don't share this pic. This is what 20,000 looks like
according to them, and this does not include the
thousands back up around Parnell Square.
Won't someone think of the children!!"
They want you to focus on the "revenge porn" and "upskirt" issues while they sneak this "other" part (which just
so happens to be the main thrust of this
recommendation)...
"Other negative developments include intimidating and
threatening (who decides what constitutes threatening
and intimidation?) online messages directed at private
persons and public figures (politicians?) a problem the
social media giant Twitter has been struggling to control
for years.
If recommendations by the Law Reform Commission are
implemented, it would make activities such as posting

abuse (who determines what abuse is?) from fake social

media profiles a form of harassment."
Imagine this power in the hands of a slimy politician with a
chip on their shoulder or a multimillion dollar business
man out to silence his detractors? If these laws are
adopted then you won't have to imagine.
When you trust government to implement censorship like
this under the guise of "abuse", of which there are already
laws to cover, you will lose your freedom of speech.
There are countless people out there who otherwise would
never speak up without the guarantee of anonymity, for
fear of reprisals and negative effects in their lives. To
introduce such draconian laws will effectively silence
political debate and criticism for good.
But what about the online abuse?? There are laws already
in place to handle abuse and harassment, real genuine
abuse and harassment. These laws take it to the next level
with far reaching implications for freedom of speech...
Do you really think that politicians give two shits about
"revenge porn"?
Wake up before you lose it..

Joan Burton (Thatcher?), leader of the Labour party,

smiling as she cuts a ribbon to open a Food Bank to feed
the poor in North Dublin. Her salary is 170k a year, plus
lavish expenses and a massive pension.
Her government is the cause of poverty while they each
steal the equivalent of a large lotto win every year for the
rest of their lives.
Burton and her comrades are the spongers, they are the
parasites, not the people forced to go cap in hand
desperate for a basic standard of living.
James Connolly is spinning in his grave.
This woman is twisted.
While our government are scrambling to put together a
fighting team of legal experts to challenge and appeal the
Apple ruling, I wonder if their supporters ever wondered
why their leaders didn't fight so ferociously and
deliberately against being forced to pay banking debt for
foreign bondholders or even the supposed imposition of
water charges?

They are obviously quite capable of fighting when they

want to..
Gene Kerrigan delivers his verdict on the election...
"Hey, Big Boy, fancy a Double Irish?
Throughout the EU and further afield, we are known for
kissing the ass of anyone who might do us favours. In
return, we forego our rights. We are known for our
cowardice when the likes of Trichet and Geithner come to
bully us. Not strategic deference - cowardice.
At the United Nations in 2014, we voted against regulating
vulture capital that preys on developing nations. Again,
kissing up, kicking down.
Perhaps the younger generation values this country more
than that. Perhaps reflecting on the 1916 centenary has
something to do with it. Perhaps more of us know that
others of our kind once had higher hopes.
There was a time when the promise of a few cent off
income tax would win the loyalty of voters. That was the
basis of the recent Fine Gael/Labour campaign. And voters
threw it back in the politicians' faces.
Perhaps for many, cheap appeals to greed aren't enough
any more.
We are warned on all sides. Stick to the old firm, trust your
leaders."

nda Kenny loves to tell us he has redeemed the reputation

of this country. That is not true.

We had the reputation of a country brought to its knees by

a reckless political class committed to serving greedy
bankers and builders. Today, Ireland's reputation is that of
a tax whore.
The Taoiseach tells us we're not a tax haven. There are, he
says, no brass-plate operations in the IFSC. But we know
the truth.
We know that right across the world, from here to the US
Senate, it is understood that we have been pimped out by a
political and financial class who offer the use of the
country for any dodgy practice if the price is right.
Hey, Big Boy, fancy a Double Irish?
Throughout the EU and further afield, we are known for
kissing the ass of anyone who might do us favours. In
return, we forego our rights. We are known for our
cowardice when the likes of Trichet and Geithner come to
bully us. Not strategic deference - cowardice.
At the United Nations in 2014, we voted against regulating
vulture capital that preys on developing nations. Again,
kissing up, kicking down.
Perhaps the younger generation values this country more
than that. Perhaps reflecting on the 1916 centenary has
something to do with it. Perhaps more of us know that
others of our kind once had higher hopes.
There was a time when the promise of a few cent off
income tax would win the loyalty of voters. That was the
basis of the recent Fine Gael/Labour campaign. And voters
threw it back in the politicians' faces.
Perhaps for many, cheap appeals to greed aren't enough
any more.
We are warned on all sides. Stick to the old firm, trust your
leaders.
RTE has been wheeling out relics from the Museum of
Useless Politicians We Thought Had Fecked Off Ages Ago one by one and in bunches, to nod out from our screens
and tell us this is how things were always done, this is how
things must always be done.
Flyboy Michael O'Leary comes forth to warn us to ignore

the "lunatics" who say fresh thinking is urgently needed.

And we ask ourselves, has Michael ever strung together a
single sentence in public that didn't have the primary aim
of protecting his personal interests and those of his multimillionaire set?
Ibec warns us to stick to the right-wing course. Ibec prides
itself on defending 'business'. But there is business and
business - and not all businesses are equal in the eyes of
Ibec.
The small business that makes, distributes or sells, the
medium-sized business that provides services, have
different interests from the banks who dominate Ibec.
And 'upward-only' rent reviews aren't the only such
difference.
The austerity that Ibec championed benefited the banks
and attacked the spending power of the customer base of
countless small businesses, who, in turn, were driven to
the wall.
When I hear of Ibec, I think "bankers". You may think of a
slightly different word.
A bunch of 'business chiefs' wrote a public letter promising
us a bright future if we stick to the current right-wing
course. I Googled the top signatory - his salary varied
between 2.45m and 4.1m.
Successful man, no doubt, by his own lights. But his
interests are hardly those of the rest of us. Most of those
who signed that letter had Ibec connections.
The Irish Examiner last week summed up the fears of the
right wing, warning we must not "surrender this country
to socialist extremists whose policies would set us back
decades, wreck our economy and the social fabric it
sustains".
Seriously?
Right-wing thinking wholly dominated the economic and
political culture that created the bubble and the crash. It
dominated the 'recovery'. It won the election.
It created a country with a craven reputation, where
medics warn that austerity-driven waiting lists are killing

people; where emergency departments are declared

dangerous by the people who run them.
The 'social fabric' has been shredded, as the banks push up
the numbers driven from their homes and queues form for
food parcels. Pregnant homeless women plead for shelter.
Last week, Dr Austin O'Carroll told RTE of the terminally
ill homeless man in his forties who is turned out of his
hostel every morning and must spend the day walking the
streets.
The Right who dominate this country have been unable to
provide a dying man with a place to lay his head and
collect his thoughts. But that's okay, as long as the country
doesn't fall into the hands of those left-wing extremists.
We have a right-wing Minister for Health, who has
sincerely said he believes that depriving hospitals of
resources will make them more efficient.
We have a right-wing Minister for Water Tax, who says he
is addicted to power and whose grotesque involuntary
celebration of victory over his constituency rivals revealed
his disturbing mindset.
We have a right-wing Minister for Finance, held in utter
esteem by his party, who in the recent election got his
figures wrong by two billion. All the while muttering:
"Here's a few cents off yer income tax."
We have a right-wing Taoiseach who has to be given notes,
such as the one urging him to put more "empathy,
empathy, empathy" into his public appearances. A man
who has to be told what to say - and now what to feel.
They commissioned "modular homes", basically boxes
with windows and doors. And last week they cancelled the
tender, unable to provide even this shelter.
Left-wing extremists would have put up municipal
housing, as was done in the 1940s and 1950s. The homes
would be built by now.
Right-wing ideology demanded that the job be given to
private builders.
After wasted months, the private sector concluded it
wouldn't make enough profit and so it simply won't build

the homes.

Army shoot dead five cows as

part of emergency culling in
Monaghan
It is understood that the animals were suffering from TB.
Jul 6th 2016,

MEMBERS OF THE Defence Forces have shot dead five

cows at a farm in Monaghan.
The incident happened yesterday when a security detail
made up of the Army and garda were accompanying a
debt collector onto the property.
The animals were shot as they were out of control and had
access to a public roadway posing a potential hazard.
It is understood that the culled animals were suffering
from TB.
Commenting on the culling, a spokesperson for the
Defence Forces said that its role was to assist garda in
carrying out their work.
Its statement read:
An official request was received from An Garda Siochna
requesting the assistance of the Defence Forces concerning
the emergency culling of animals in the Carrickmacross
area.
Footage of the cows in the aftermath of the incident was
later released to the Farmers Journal by the animals
owner.
The incident had earlier drawn criticism from those
concerned for the welfare of the animals, with animal

rights group Aran saying it would have been happy to

intervene in the situation.
Responding to a query from TheJournal.ie a spokesperson
for the Department of Agriculture said:
On Tuesday 5 July 2016 the Defence Forces carried out
the humane destruction of five animals on a farm in Co
Monaghan due to a significant concern for public safety.
This operation was carried out at the request of the
official assignee responsible for the herd, in conjunction
with An Garda Sochna, the Department of Agriculture,
Food & Marine and the Defence Forces, in keeping with
official protocol.
The carcasses were removed and excluded from the food
chain.
http://www.thejournal.ie/culled-animals-monaghan2864611-Jul2016/

Army shoot cattle

on Monaghan farm
Updated / July 7, 2016

Members of the Defence Forces were called

in to shoot five cattle on a farm in
Carrickmacross, Co Monaghan, yesterday.
The cattle were on a farm that is the subject
of bankruptcy proceedings.
An official from the Insolvency Service of
Ireland dealing with the matter confirmed in
a statement that the shooting took place.
Chris Lehane said it was carried out by
trained army personnel in the interests of the
animals, public safety, and to prevent the

spread of TB in local livestock following

consultations between himself, Department
of Agriculture officials, An Garda Sochna
and the Defence Forces.
Mr Lehane said as part of his job as Official
Assignee he had visited the farm on many
occasions and had tried to take the cattle off
the farm with trained assistants.
He alleges that gate chains were repeatedly
cut allowing cattle onto roads endangering
the local community.
He said removing the final five animals was
not possible due to "security issues" of
people involved in previous removals, which
led to his decision to carry out the cull.
In a statement, the Department of
Agriculture said the five cattle were killed
due "to a significant concern for public
safety".
It said the operation was carried out "at the
request of the official assignee responsible
for the herd", in conjunction with the garda,
the department and the Defence Forces.
In a statement, Mr Lehane said: "As Official
Assignee I have a duty to recover value from
assets of bankruptcy estates and it is clearly
not in my interests to kill cattle, nor would I
do it, without firstly having exhausted every
other possible avenue open to me to resolve
the problem"

http://www.rte.ie/news/2016/0706/800632-cattlemonaghan/

Cattle shot by armed forces in Co

Monaghan
ul 6, 2016
Five heifers were shot by members of the armed forces on
Tuesday as part of an alleged debt recovery exercise. The Irish
Farmers Journal obtained this video from the animals' owners.
Read the full story: http://www.farmersjournal.ie/watch-ca...

https://www.youtube.com/watch?v=tXryIHOpJqo

Even to Our farm Animals have no

Say killed Down in Cold Blood by
Army Troops Something wrong
here a conspiracy Cover up,
Have you ever Heard Such Cock Up Story of a
group of Army who Works for nama the Bankers
in Ireland Shoot to kill Animals Because of Debt
Due payments
July 6, 2016

This is what they've done, Punch Gael and Judy Fail; this
is what they are doing; this is how they mean to continue.
There seems to be some damage limitation being done to
the story since it hit the Internet yesterday evening on the
shooting of the animals in Monaghan. One moment it is
because they weren't able to load them on a truck so they
were shot and the next we hear they had TB.
http://www.thejournal.ie/culled-animals-monaghan2864611-J/

Even RTE are now out with this story.

http://m.rte.ie/news/2016/0706/800632-cattle-monaghan/
If there was TB present in the herd then why not kill them
all? Why just this five only?? Why wasn't the farm
quarantined?
One thing is clear. Those involved aren't being straight up
that the main reason they were there was to repossess the
property...
"The Official Assignee in Bankruptcy, Chris Lehane, said in
a statement that he had made the decision to have the
cattle killed after failing to remove all the wild and
dangerous animals from the farm with experienced
cattle assistants. As Official Assignee I have a duty to
recover value from assets of bankruptcy estates and it is
clearly not in my interests to kill cattle, nor would I do it,
without firstly having exhausted every other possible
avenue open to me to resolve the problem, he said"
No mention of TB there..
Why was the decision to kill these cattle left to a
repossession guy? Why did he recover most of the assets
with a truck if TB was indeed detected? Were there no vets
on site to make that call?

There seems to be some damage limitation being done to

the story since it hit the Internet yesterday evening on the
shooting of the animals in Monaghan. One moment it is
because they weren't able to load them on a truck so they

were shot and the next we hear they had TB.

http://www.thejournal.ie/culled-animals-monaghan2864611-J/
Even RTE are now out with this story.
http://m.rte.ie/news/2016/0706/800632-cattle-monaghan/
If there was TB present in the herd then why not kill them
all? Why just this five only?? Why wasn't the farm
quarantined?
One thing is clear. Those involved aren't being straight up
that the main reason they were there was to repossess the
property...
"The Official Assignee in Bankruptcy, Chris Lehane, said in
a statement that he had made the decision to have the
cattle killed after failing to remove all the wild and
dangerous animals from the farm with experienced
cattle assistants. As Official Assignee I have a duty to
recover value from assets of bankruptcy estates and it is
clearly not in my interests to kill cattle, nor would I do it,
without firstly having exhausted every other possible
avenue open to me to resolve the problem, he said"
No mention of TB there..
Why was the decision to kill these cattle left to a
repossession guy? Why did he recover most of the assets
with a truck if TB was indeed detected? Were there no vets
on site to make that call?

Fines on way for refusing new

electricity meters
January 5, 2016

People Before Profit has condemned plans to fine electricity

consumers who refuse to accept new smart electricity meters.
These proposals have been drawn up by the Commission on
Energy Regulation. The meter installation programme is part of
a strategy to charge more for electricity usage during peak
hours and less for off peak hours.

Gino Kenny, a People Before Profit councillor and candidate in

the Dublin Mid West constituency said:
The cost of meter installation will be 750 million and that will
be loaded onto ESB consumers in a distribution charge over
the next five years. This is totally unacceptable.
If the smart metering programme led to a genuine reduction
in spending on electricity, many people would volunteer to
have one installed.
But the CER are making smart meters compulsory and
invoking powers to fine people.
That new distribution charge comes on top of a charge of
64 Public Service Obligation Levy a year which is used to
subsidise private companies.
Tynagh Energy and Aughinish Alumina, for example, benefit
from this PSO levy as well as a host of private firms engaged in
wind-farms.
People have had enough of water charges and other indirect
taxes. We are not likely to accept yet another mandatory
charge for electricity.

We all felt you in our pockets,

Fergus

A man believed to be former ACC banker Fergus Crawford who accosted Mary Lou
McDonald yesterday. Doesnt like paying tax.

NOTE: Rabo Bank, the parent of Fergus Crawfords ACC, was

never bailed out by either the Irish or Dutch state. As a
collective it was never
nationalised, and instead sank 900 million into ACC.
Ironically, if it had been it would have been Dutch farmers who
make up its membership that would have lost out.
So while Fergus and ACC were never the recipients of a state
bailout, they certainly contributed to the 2008 meltdown in
Ireland.
WE ALL FELT YOU IN OUR POCKETS, FERGUS
An impassioned concerned citizen and self-confessed
apolitical voter confronted Sinn Fins Mary-Lou McDonald on
Grafton Street yesterday.
He accused her and her party of attempting to tax people out
of existence.
Why? Because if Sinn Fin get into government, he will feel it

in (my) pocket.
Now not wanting to pay tax is understandable indeed, tax
avoidance is a favourite pastime of many Irish people.
And that this should happen before the TV cameras on Dublins
most upmarket shopping street is almost too good to be true.
I have previously advised against ever suspecting a conspiracy
where common stupidity would seem a more likely reason, but
yesterdays clash was either a divine coincidence, or a clumsy
set up.
You see, if the hive mind of the internet is to be believed,
weve all felt this guy in our pockets, for the last eight years or
so.
Hes Fergus Crawford, and we apparently bailed out his bank
to the tune of 900 million.
Think about that for a second one of the greatest corporate
welfare scroungers in the history of the state doesnt want to
pay tax.
Fergus didnt reveal much about his past or present.
For instance, he never mentioned that he was a relatively
senior figure at ACC, or that his current employer manages
pension funds for rich people, who are not renowned for their
eagerness to send cheques to the revenue.
Given that his new venture is an Irish entity for Swiss
investment house Sarasin, and that a story in the Irish
Independent from 2013 says that they were set to take an
office at St Stephens Green, its a short imaginative leap to
imagine Mr Crawford building up a head of steam before
charging down his marble steps to confront the people who
paid for his mistakes.
Interestingly, Mr Crawford if it is indeed the same fella who
was chief economist and Head of Product Development at ACC,
among other roles before the crash didnt waste too much
time on the middle-income earners that he first appeared to
be taking up the cudgels for.
Nope, he quickly abandoned them. Instead, his answer to
Irelands problems was to create wealth presumably the
kind of wealth creation that he made his name in, and that
led to a 64 billion bailout by the Irish people, who are now
dying on trolleys for the privilege.
Blithely ignoring the fact that the Internet would out him
within hours, our as-yet anonymous concerned citizen
(erroneously reported by some as a small business owner)
then moved on to his real concern What about their
pensions?

For those unfamiliar with how this works, Fergus and the likes
of Sarasin invest peoples money to provide them with an
income when they retire, siphoning off a huge chunk of money
in the process, often laughably called management fees.
Part of their strategy is to pay as little tax as possible, sailing
very close to the wind of legality, and sometimes ending up on
the wrong side of it.
As recently as January of this year Eric Sarasin paid a low sixfigure sum to close a tax fraud investigation into his affairs in
Germany.
I wrote yesterday that Ireland is run for The Lads, and with
impeccable timing, up pops Fergus and his enormous sense of
entitlement to confirm my every word.
Ireland is still run for The Lads alright, and will continue to be
so.
But The Lads are getting worried that their gravy train is about
to be derailed.
Its about time.

The former deputy chief executive officer of

Swiss private bank J. Safra Sarasin (BKSNF.PK)
will pay a "low six-figure amount" to have a
German tax-fraud investigation against him
closed, his spokesman said on Thursday.
Eric Sarasin resigned from the bank in October
2014 to leave himself free to defend himself in
the investigation led by German prosecutors
into alleged "cum/ex" dividend stock trading
products that could be used to help clients
benefit taxwise.
The bank has said it never set up or distributed
such products and Eric Sarasin has also denied
that he was involved in such a scheme.
Eric Sarasin's spokesman, Joerg Denzler, said on
Thursday that the Cologne prosecutor has now
agreed to close the case under the terms of a
German law whereby a payment to the
authorities in "appropriate cases" leads to the
termination of an investigation without

indictment.
"Eric Sarasin will pay a low six-figure amount.
This payment does not represent a fine, nor
does it imply any admission of guilt," Denzler
said in a statement.
Sarasin was investigated for allegedly being an
accessory to tax evasion and commercial fraud.
Denzler told Reuters the amount is more than
100,000 euros ($109,000) and less than
300,000 euros.
In 2014 Swiss authorities searched as part of
the German investigation the offices of Bank J.
Safra Sarasin, which was taken over by
Brazilian-Swiss private bank Safra in 2011.
Today's happy conclusion ends a phase that put
a huge burden on me and my personal
environment," Eric Sarasin said in the
statement. "With regard to my future
professional life, I will review my options in the
coming weeks and months."
Prosecutors in Cologne declined to confirm that
the case had been closed on Thursday.
(Reporting by John Miller in Zurich, Matthias
Inverardi in Duesseldorf; Editing by Greg
Mahlich)
The message from the establishment parties for the election is
a clear one, and its very important that you clowns in the
electorate dont get it wrong you need to vote for The Lads.
Theyre counting on you.
Firstly, lets get one thing straight you dont matter.
Not unless youre male, an en-tra-pan-oor, own a bank or a big
building in London or Singapore, or live in a tax haven.
Your function in this is to vote for people who will look after
the aforementioned, not to engage in all this crap about social
justice and fairness and equality and all that nonsense.
Ireland, you see, is run for The Lads sometimes by The Lads,

but mostly for them. And you better not forget that.
Forward-looking nation that we are, there are some women
among The Lads, but it is mostly men.
The Lads need you to work as cheaply as possible so that they
can make as much money as possible off you.
The Lads also need you to pay as much tax as possible, so that
they can pay as little as possible, and then lecture you about
why they shouldnt have to pay any at all.
The Lads also need you to pay your taxes and expect nothing
in return.
That way, The Lads can start up private enterprises like
creches and care homes and hospitals, and have a nice oul
closed bid process where they divvy up the public money that
they can get their mitts on.
Then The Lads can then charge you through the nose for
things that youve already paid for, but that their mates in
Leinster House have ensured cannot and will never work
properly.
The Lads get to sweep up everything, from social housing to
communications networks, and you will only ever get to own a
share in them if theyre not making any money and never look
like doing so ever again.
And ultimately, when it all goes wrong, The Lads will come
back to you looking to be bailed out, because they cant be
expected to take these losses on their own theyre The Lads,
for fucks sake! Sure dont we owe them everything!
And as for women, The Lads dont like them much.
THey want control over their own bodies?! The cheek of them!
They want to be allowed into the boardrooms?! Over the dead
bodies of The Lads!
They want to stand for election? IN OUR SEATS?!?!
If you are voting for Fine Gael, or Fianna Fil or Labour, you
are voting for The Lads.
You are voting to allow them to continue putting their hands in
your pocket and take your money and your medical card and
your dignity.
You are voting to return to power the guard dogs of The Lads,
the very people who ensure that the benefits of trickle-down
economics continue to flow upwards.
You are voting for stability for The Lads.
You are voting for recovery for The Lads.
You are voting for prosperity for The Lads.
Now a situation might well arise where a few others at the
bottom of the food chain might make a pound or two in the

process, and that is entirely regrettable but you can be sure

that The Lads wont be long knocking the craic out of it with a
rent hike, or an increase in your premium, or your phone bill.
So remember vote for The Lads.
They have a plan.
But it doesnt include you.
And it never will.

Sarasin said the new "landmark location" puts them closer

to many of its clients. The office move will also enable the
business to further expand client servicing and support
functions.
Sarasin's Irish boss Fergus Crawford commented: "This is
a really exciting time for Sarasin & Partners in Ireland.
Our relocation represents a major milestone in the growth
of Sarasin & Partners, one which we have worked hard to
achieve. Since launching in 2008, we have seen substantial
growth and a particularly positive response to our global
thematic investment approach in Ireland.
Our historic new location is a wonderful place for staff to
continue to thrive and we very much look forward to
welcoming new and existing clients to our office."
London based Sarasin & Partners manages about 13.5bn
(16bn) on behalf of charities, institutions, intermediaries,
pension funds and private clients, from the UK and
around the world. It is part of Bank J Safra Sarasin, a
Swiss private bank.
THIS MAN HAS SABBOTAGE SINN FEIN ELECTION WITH
TREASON WATCH THIS VIDEO CAREFULLY AFTER YOU READ
ABOVE ARTICLE

Mary Lou encounters a "concerned

citizen"
Feb 19, 2016

https://www.youtube.com/watch?v=PKHVilF80uQ

Mary Lou had a row with a

concerned citizen on Grafton
Street this morning
I just felt so incensed about it, I saw you here, and I had to say it.
Feb 19th 2016,

MARY LOU MCDONALD had a robust exchange with a

man describing himself as a concerned citizen on
Grafton Street in Dublin today.
The gentleman, a small business owner who declined to
give his name and said he would probably vote Fine Gael,
took issue with Sinn Fins plan to reduce private pension
tax reliefs and other measures.
Opposition parties have claimed the pension tax relief
changes would impact middle-income workers who would
lose hundreds of euro annually under Sinn Fins plans.
At the launch of a Sinn Fin poster committing to
abolishing water charges this morning, McDonald was
asked about Gerry Adamss two interviews with RT
yesterday in which he appeared to struggle on economic
matters.
View image on Twitter

Follow

TheJournal Politics
Sinn Fin's latest poster on water charges is a lot like their
last one
X

10:50 AM - 19 Feb 2016

8 8 Retweets1 1 like

Source: TheJournal Politics/Twitter

McDonald said she only heard snatches of the interviews

which she described as combative. She added:
The policy is set out as it is and, Ill be honest with you,
anybody can fumble a figure in an interview The issue
around the third tax band, I think its very clear what Sinn
Fins position on it is.

It was this point that the man interrupted proceedings and

claimed Sinn Fin are going to kill pensions for middle
income people.
This was the exchange that followed:
Mary Lou McDonald: No we wont.
Concerned Citizen: So have you seen the figures or can
your leader do the maths?
MLMcD: Sorry, who are you?
CC: Who am I? Im a concerned citizen.
MLMcD: Okay, so we have done the maths, to answer
your question. Sorry, I just wasnt sure if you were a
journalist, I didnt recognise you.
CC: No, no, Im not a journalist. Im apolitical but I wont
be voting for Sinn Fin.
MLMcD: Thats fine, thats your prerogative.

Asked by a journalist why not, the man claimed that Sinn

Fin are going to strip the poor people of this country,
middle income people.
McDonald insisted this would not be the case and the
exchange continued:
CC: My children dont want to aspire to 69,000-a-year,
where you bring in this USC. I think its appalling.
MLMcD: Okay, well just to answer you, and you are of

course entitled to cast your vote in your own way, I

absolutely respect that. But I would say to you that half of
the workforce in this State earn 28,500 or less. So our
package, its not about punishing anybody and its
certainly not about stripping [people].
View image on Twitter

Follow

TheJournal Politics

Mary Lou has just had a robust exchange on pensions

with this "concerned citizen"
11:13 AM - 19 Feb 2016

8 8 Retweetslikes

Source: TheJournal Politics/Twitter

The man claimed that young people are going to be taxed

out of existence under Sinn Fins plans and put it to
McDonald that her party wants to punish people who
work hard and try to make a life in Ireland. It continued:
MLMcD: No I dont.
CC: You certainly do.
MLMcD: How?
CC: When the State loses more when someones
unemployed than the person loses theres something
wrong there. You know, where you pay 59% tax?
MLMcD: Listen, listen, all I can
CC: I am listening.
MLMcD: Yes, well what I can say to this what I am
saying to you is that you have to look at the proposals in
the round. I understand that not all of our proposals will
be universally popular.
Its not universally popular to say that you want a third tax
band, an additional 7 in every cent over 100,000 for
people who earn that. Not everybody welcomes that, I
accept that.
But I am being honest with you and I am saying that if we
wish to balance the books, if we wish to protect society,
protect services, to protect low and middle income
families, then this is the formula to do it.

CC: The best way to do it, Mary Lou, is to generate wealth.

MLMcD: Yes.
CC: And increasing the public service, increasing taxes
you know, the cost of living in this country is pushed up by
the high taxes we have and pushing taxes higher. Why are
the Luas workers on strike? For 53% pay rises.
MLMcD: Well thats a pay issue between them and their
employer.

The man then contended that Sinn Fin are going to

lamp people who earn 69,000 before criticising Gerry
Adams:
CC: What about their pensions? Have you looked at their
numbers? I dont think your party leader has, because he
didnt seem to know what was going on yesterday I dont
support any political party.
MLMcD: Really?
CC: Yeah, really, really. No political party and Ill chat
with you anytime you want, Mary Lou.
MLMcD: Absolutely yeah. Okay, thats fine. We can do
that.

CC: Yeah, no political party, but I probably will be voting

Fine Gael this time, probably, because they have USC at
the highest level.
MLMcD: Well theyre abolishing it. Its 4 billion off the
balance sheet. So good luck when you go to your local
hospital or but anyway thats a difference of views
CC: Well do you wanna talk about the hospitals?
MLMcD: No, not particularly.
CC: Youre talking to someone whos had personal
experience and I cant see Sinn Fin sorting that out.
MLMcD: Okay
CC: Okay, best of luck.
The man repeatedly declined to give his name, claiming he
had no interest in talking but that Sinn Fin annoy me
with the way they go round.
I just felt so incensed about it, I saw you here, and I had
to say it, he added.
http://www.thejournal.ie/mary-lou-row-grafton-street2613067-Feb2016/
Are you going to continue to be taken for a ride?
Vote for change on Friday..
http://ourmaninstockholm.com/2016/02/20/we-all-felt-youin-our-pockets-fergus/
Water Quality: Commission acts against France, Greece,
Germany, Ireland,
Brussels, 22. February 2002Luxembourg, Belgium, Spain
and the United Kingdom
The European Commission has decided to take further
legal action against France, Greece, Germany, Ireland,
Luxembourg, Belgium, Spain and the United Kingdom for
non-compliance with EU water quality legislation. The
legislation in question is the Directives governing Surface
Water, Bathing Water, Drinking Water, Shellfish Water,
Urban Wastewater and Nitrates. Legal action also relates
to an agreement on the protection of the Mediterranean
Sea.
Commenting on the decisions, Margot Wallstrm, the

Environment Commissioner, said: "The European

Commission must respond to the particular concern of
many citizens for a strong level of water protection by
ensuring that Member States comply with the range of EU
agreements that they have adopted for this purpose. It is
essential that all Member States adhere fully to these
legislative measures if we are to ensure a sustainable
management of water quantity and quality in Europe.
France
On 8 March 2001, the Court of Justice ruled against France
for its failure to comply with the 50mg/l limit for nitrates in
surface waters in Brittany which are used for the
abstraction of drinking water. This was contrary to the
legal requirements of the Surface Water Directive (Case C1999/266). Effective measures are not yet in place to
combat this problem, so the Commission decided to send
a Letter of Formal Notice (first written warning) for not
complying with the judgement, under Article 228 of the
Treaty of the European Communities (EC).
Of three decisions to refer France to the Court under
Article 226 of the EC Treaty, the first concerns its failure to
meet the December 2000 deadline for transposing the
new Drinking Water Directive into national legislation.
A second decision relates to Frances failure to provide
bathing water monitoring results for 1999 (apparently
because of an internal dispute within the French
administration), in contravention of the Bathing Water
Quality Directive.
The third decision to refer France to the Court under
Article 226 relates to polluting discharges that are
responsible for the decline of the de Berre saline lake (in
the Bouches du Rhone department), which is one of the
largest saline lakes in Western Europe. These polluting
discharges come from a hydroelectric power station and
consist of freshwater discharges and sediments containing
excessively high nutrient levels. These damage the
sensitive ecosystem of the lake. In the Commission's view,
this pollution is contrary to the Protocol governing the
protection of the Mediterranean Sea from land-based
pollution sources.
Greece
Two decisions to refer Greece to the Court under Article

226 of the EC Treaty concern the implementation of the

Urban Wastewater Treatment Directive.
The first concerns the Greeces failure to meet the 1998
deadline for installing tertiary treatment (advanced
treatment for the cleaning of wastewater) for the region of
Elefsina.
The second decision relates to inadequate wastewater
treatment in Athens. The city will eventually benefit from a
major new treatment plant at Psittalia (capable of treating
the waste produced by five million people). However, the
stricter wastewater treatment measures that are required
to protect the receiving waters of the Gulf of Saronikos will
not be operational before the end of 2002. Recent studies
have shown those waters to be eutrophic i.e. to have
undergone a sharp increase in photosynthetic organisms,
including algae, and a lowering of the oxygen levels as
anaerobic organisms degrade the dead algae.
Greece has also received a Reasoned Opinion (second
written warning) under Article 226 for failing to designate
the gulf of Thermaikos as sensitive.
Germany
A decision to refer Germany to the Court under Article 226
of the Treaty relates to German federal legislation
concerning the Urban Wastewater Treatment Directive. In
the Commission's view, German legislation fails to provide
adequately for the monitoring of wastewater treatment
measures.
Luxembourg
A decision to refer Luxembourg to the Court under Article
226 of the Treaty relates to Luxembourgs failure to met
the December 2000 deadline for transposing the new
Drinking Water Directive into its national legislation.
Ireland
The decision to refer Ireland to the Court under Article 226
of the Treaty follows an investigation into a complaint that
Ireland has not adopted any anti-pollution programmes
under the Shellfish Directive. Irish legislation previously
only provided for programmes where problems had
already arisen, whereas, in the Commission's view,
programmes should be in place to help avoid pollution
occurring in the first place. Ireland has now amended its
legislation in response to the Commission's Reasoned

Opinion. However, the required programmes have still not

been finalised and sent to the Commission.
Belgium, Spain and United Kingdom
These Member States will be referred to the Court of
Justice under Article 226 of the Treaty for missing the
December 2000 deadline for transposing the new Drinking
Water Directive into their respective national legislation.
While Belgium has sent the Commission draft legislation
for Flanders and Wallonia, the Commission has not yet
received final adopted legislation. Spain has also sent a
draft of part of the required legislation, but once again
final adopted texts have still not been received. The
decision to refer the United Kingdom to the Court relates
to the absence of legislation covering Northern Ireland and
Wales.
Protecting Europes water : the EU agreements concerned
The Surface Water Directive aims to protect the quality of
surface waters used for the abstraction of drinking water.
It sets standards and requires Member States to draw up a
global and coherent plan of action for all waters, with a
special focus on poor-quality ones, which should have led
to the reduction of pollution within 12 years of the entry
into force of the Directive.
The Nitrates Directive aims to prevent the introduction
into surface waters and ground waters of excessive levels
of nitrates due to the presence of agricultural fertilisers
and agricultural waste. Excessive nitrate levels cause
undesirable ecological changes in water and are a factor
in the proliferation of harmful algal blooms. They also
adversely affect public health. The Directive required
Member States to carry out monitoring of surface waters
and ground water, to identify nitrate-polluted waters and
to designate vulnerable zones (i.e. intensive agricultural
zones that include nitrate-polluted waters) by December
1993.
The Urban Wastewater Treatment Directive addresses the
nutrient-based, bacterial and viral pollution caused by
urban wastewater. Urban wastewater discharges, by
introducing excessive nutrients (in particular, phosphorous
and nitrates) into rivers and seas cause eutrophication
(sharp increases in photosynthetic organisms, including
algae, and a lowering of the oxygen levels as anaerobic

organisms degrade the dead algae). This can drastically

change the lake or sea's ecosystem. It may even include
the death of large numbers of fish, especially those that
need high oxygen levels such as trout. By introducing
potentially harmful bacteria and viruses, the dischrages
also pose health risks in waters used for bathing or
shellfish culture. The Directive requires that cities, towns
and other population centres meet minimum wastewater
collection and treatment standards within deadlines fixed
by the Directive. The expiry of these deadlines was the
end of 1998, 2000 and 2005, depending on the sensitivity
of the receiving water and on the size of the population
centre in question. The Directive required Member States
to have identified sensitive areas by 31 December 1993,
and to have met strict standards for discharging directly
into these areas or their catchments. This was to have
been achieved by 31 December 1998 (including the
removal of nutrients that contribute to eutrophication).
The Directive also imposes several other requirements,
including those relating to the monitoring of wastewater
discharges.
The revised Drinking Water Directive is intended to replace
the existing Directive by the end of December 2003 at the
latest. The Directive establishes quality standards for
drinking water and key instruments for safeguarding
public health. These standards apply to a range of
substances, properties and organisms (called parameters).
Among other things, the new Directive considerably
tightens the standards with regard to lead content, which
reflects current public health concerns. The deadline for
adopting the necessary national legislation was 25
December 2000.
The Bathing Water Quality Directive is also important for
public health. It aims to ensure that bathing waters meet
minimum quality criteria by establishing a set of binding
and more stringent Community standards for a range of
key parameters (such as indicators of the presence of
faecal bacteria).
It also requires that Member States carry out regular water
quality monitoring and send annual reports to the
Commission detailing bathing water quality. The legal
deadline for complying with these standards was 1985.

The Shellfish Water Directive aims to safeguard the quality

of waters designated for shellfish and thereby contribute
to ensuring the availability of high quality edible shellfish.
It also establishes a set of water quality standards and
requires Member States to put in place programmes to
ensure compliance with these standards.
In 1983, the then European Community ratified the
protocol for the protection of the Mediterranean Sea
against pollution from land-based sources . This protocol
was adopted under the Barcelona Convention and
commits parties to preventing or reducing pollution of the
Mediterranean caused by rivers, coastal installations and
waste discharge pipes.
Legal Process
As guardian of the EC Treaty, the Commission must make
sure that the legal requirements of the Treaty and
legislation adopted under the Treaty are respected by
Member States. The procedure being followed in this case
relates to Article 226 of the Treaty, which gives the
Commission powers to take legal action against a Member
State that is not respecting its obligations.
If the Commission considers that there may be an
infringement of Community law that warrants the opening
of an infringement procedure, it addresses a "Letter of
Formal Notice" to the Member State concerned, requesting
it to submit its observations by a specified date, usually
two months.
In the light of the reply or absence of a reply from the
Member State concerned, the Commission may decide to
address a "Reasoned Opinion" (or second written warning)
to the Member State. This clearly and definitively sets out
the reasons why it considers there to have been an
infringement of Community law and calls upon the
Member State to comply within a specified period,
normally two months.
If the Member State fails to comply with the Reasoned
Opinion, the Commission may decide to bring the case
before the European Court of Justice.
Article 228 of the Treaty gives the Commission power to
act against a Member State that does not comply with a
previous judgement of the European Court of Justice. The
article also allows the Commission to ask the Court to

impose a financial penalty on the Member State

concerned.
For current statistics on infringements in general see:

Lawyers for teenager

accused of falsely
imprisoning Joan Burton
apply for case to be thrown
out
The teenager denies the false imprisonment of the former
Tnaiste her adviser during a water charge protest
N27 Sep 2016 EWS

Lawyers for a teenage boy accused of falsely imprisoning

the former Tnaiste Joan Burton have applied for the case
to be thrown out.
The 17-year-old, who cannot be identified because of his age,
also denies the false imprisonment of her adviser during a
water charge protest in 2014.
It is the States case that the boy, who was 15 at the time,
falsely imprisoned the former Tnaiste and her adviser Karen
OConnell by trapping them in a number of Garda vehicles for
up to three hours during a water charge protest in Jobstown in
Dublin in November 2014.
Giollaosa Lideadha, who is defending the teenager,
believes there is no evidence or insufficient evidence that his
client is guilty.
He wants the case dismissed because he believes the
prosecution has failed to prove the case beyond the required
standard.
He also accused garda of failing to tell him he was committing
an offence for which he could be prosecuted for false
imprisonment.
If convicted, the boy is facing a maximum penalty of 12
months in prison on each of the two charges.
This has gone beyond a joke now. This witch hunt needs to
be thrown out of court and those responsible for bringing
this case should have to refund the state and tax payer for
all costs and damages...
The very notion that a 15 year old kid could detain a

Garda jeep with Joan and her adviser on board for up to

three hours while 97 cops look on is just absurd.
Stop treating the people with contempt. It's getting old
now..
http://www.newstalk.com/Lawyers-for-teenager-accused-of-falselyimprisoning-Joan-Burton-apply-for-case-to-be-thrown-out

Jobstown trial: Garda

describes escorting Joan
Burton through 'rugby maul'
of protesters
Accused (17) denies falsely imprisoning ex-Tnaiste and
adviser during 2014 demonstration
NEWS

A garda inspector who escorted Joan Burton through a

crowd of water charge protesters in 2014 had said it was
like "moving through a rugby maul".
Inspector Derek Maguire was giving evidence at the trial of a
17-year-old boy who is accused of falsely imprisoning the
former Tnaiste and her adviser on November 15th, 2014.
On the day in question, Mr Maguire had accompanied the exLabour leader from a graduation ceremony in Jobstown in
Dublin to a nearby church.
Several protesters began following them and he said he called
for backup as the crowd grew outside the church, telling her
adviser, Karen OConnell, that it would be best to leave.
They got into an unmarked car but were unable to move after
it became surrounded. Ms Burton claims they were trapped
there for up to three hours.
Mr Maguire told the court that the accused had a megaphone
and was recording what was happening on his phone.
He said it took 10 minutes to move them 30 yards through
what he described as a "rugby maul" to get them into a
marked garda jeep.

The court heard they were later moved to separate cars and
driven away.
Earlier, Judge John King refused to abort the trial after an
issue arose with some evidence.
He decided it would be best to keep going and adjourn at a
later stage if necessary.
The judge said a speedy trial was essential because the boy
will turn 18 in a few months, meaning he can no longer be
treated as a juvenile.
The trial was due to be shown video footage this morning, but
a legal issue arose in relation to the admissibility of some of its
content.
http://www.newstalk.com/Judge-refuses-application-to-abortJobstown-trial

Joan Burton gives evidence

in trial of 17-year-old over
Jobstown water protest
Ms Burton said the crowd were aggressive and surging very
tightly
NEWS

Former

A court has heard that some protesters allegedly shouted

they hoped Joan Burton and her advisor would die during
an anti-water charge demonstration in Jobstown in Co
Dublin.
A 17-year-old boy denies falsely imprisoning the former
Tnaiste and her advisor in two garda cars during the protest
almost two years ago.
Ms Burton told the Childrens Court she had been attending a
graduation ceremony in an Cosan in Jobstown when she saw
some protestors.
Joan Burton said she was walking to a nearby church and two
water balloons were thrown at her.
The Labour TD described getting into the back of an
unmarked garda car with her advisor and people were
banging on it and using derogatory terms.
The women were transferred to another garda car and Ms
Burton said during this she felt she was about to fall and she
nearly lost her shoe.
The crowd were aggressive and surging very tightly, she said.
In cross examination, Ms Burton denied she had been
considering how she would present the situation politically.
Her former advisor, Karen OConnell, also gave evidence and
said she was crying during the alleged incident and Joan
Burton was trying to calm her down.
Ms OConnell told the Childrens Court at one stage some
protesters were shouting at the car that they hoped the
women died.
The public order unit arrived - the court heard - and the
women were driven away in separate cars.
http://www.newstalk.com/Joan-Burton-gives-evidence-in-trial-of17yearold-over-Jobstown-water-protest

16-year-old sentenced to sixmonths for Jobstown protest

He is the first person to be jailed for his involvement in the
incident
5 May 2016 S

A 16-year-old boy has become the first person to be jailed

in connection with the Jobstown protests, in which Joan
Burton and her entourage were allegedly trapped in their
car for hours.
The acting Tanaiste was attending a graduation ceremony at
An Cosan education facility in Tallaght on November 15th
2014.
An anti-Irish Water demonstration was held outside which
delayed her for about two hours.
Garda allege protesters surrounded the car, and there were a
number of violent incidents during which officers were pushed
and missiles thrown.

The boy, who was 15 at the time of the incident, appeared at

the Dublin Children's Court with his mother and a grandparent.
He pleaded guilty to criminal damage to the rear window of
unmarked Garda car which he jumped on, and violent disorder
charges.
The court heard he has prior convictions for theft and has
already served a sentence which expired in January for his
other offences.
Finalising his case on Thursday Judge John O'Connor
imposed a six-month detention sentence. The boy cannot be
named because he is a minor.
It makes him the first person to be jailed in connection with the
controversial protest which has led to more than 20 people
including TD Paul Murphy coming before the courts.
Initially the boy expressed regret and in November he had
shown a willingness to engage with the Probation
Service. The judge had then told the boy, that if he continued
to co-operate with the Probation Service to address his
offending, he would be sentenced to a period of probation
supervision. He had been warned that failure to do so would
result in a custodial sentence.
However, since then the boy repeatedly refused to work with
the Probation Service calling it a load of bollocks. He also
picked up a new charge of unlawfully interfering with car in a
Tallaght on February 11th 2013. He pleaded guilty to that, as
well as connected breach of the peace and possessing gloves
for use in a theft.
Judge John O'Connor had told the teen earlier that the
purpose of violence towards women is to humiliate them and
erode their dignity and violence directed at women in politics
is to limit their effectiveness in the political process, to
alienate them and to state they are not welcome in politics.
It should also be pointed out that this particular attack on the
elected Tnaiste of Ireland is an attack on the Irish State, he
had said, adding that it was also an attack on Garda who
were protecting Joan Burton.
Defence solicitor Michelle Finan had said psychological and
welfare assessments described the boy as most vulnerable.
He required therapeutic support but refused to engage and
had been hospitalised 14 times in the last two years with

serious injuries.
The solicitor had said the boy got caught up in the excitement
of what was going and lost the run of himself.
In a report, welfare stated he had significant emotional and
behavioural difficulties prompting mental health concerns.
Judge O'Connor had said the teen's other issues included:
negative peers, anti-social incidents, involvement with procriminal gangs and drug issues.
Paul Murphy TD and 18 other people from Dublin are awaiting
Circuit Court trial. They face a variety of charges which include
false imprisonment, violent disorder and criminal damage to
Garda cars.
Five other juvenile males have been before the Children's
Court in connection with the protest.

Decision in
Jobstown case
against teenager

adjourned until
October
Updated / Sept. 27, 2016

Legal submissions regarding the case were made at the

Children's Court today

This is the actual article body

The Children's Court will rule next month on

whether or not the case against a 17-year-old
boy charged with the false imprisonment of
former tnaiste Joan Burton and her adviser,
two years ago, should be dismissed.
Judge John King has adjourned the case until
21 October.
Counsel for both the prosecution and the
defence made legal submissions but the
judge said he would not make a decision
today.
He said he wants to read the case law, review

all evidence, review submissions and then

come back and give decision.
Earlier lawyers for the prosecution told The
Children's Court that the teenager was an
active participant in the false imprisonment.
The prosecution claims the boy, who was 15
at the time, was one of a number of people
involved in detaining Ms Burton and
Karen O'Connell without their consent in two
garda vehicles for two to three hours, as they
left a function in Jobstown in Tallaght in
November 2014.
Prosecution counsel, Tony McGillicuddy, said
the false imprisonment was more than
momentary, and while there is a right to
peaceful protest in the constitution it carries
with it no exception from criminal law.
He was arguing against the defence's request
for the Children's Court to dismiss the
charges against the boy.
The boy has denied the charges.
Mr McGillicuddy dismissed legal argument,
presented by the defence, that the accused
should have been warned about the risk of
being charged with a criminal offence.
Referring to the footage shown to the court of
protesters moving in front of a garda jeep, Mr
McGillicuddy said there was clear evidence of
what the accused's intent was.
He said his use of a megaphone, encouraging
people to sit down, and he himself sitting

down, showed he was intent on falsely

imprisoning Ms Burton and Ms O'Connell.
He said to categorise that as peaceful and
innocuous, is wrong.
Prosecution counsel said the argument that
there was an agreement between garda and
protestors, is just not made out in the
evidence, which he said made apparent the
toxic nature of the atmosphere that day.
He said the defence's arguments ignore that
Ms Burton and Ms O'Connell had a right to
progress, and they were marooned in two
garda vehicles for three hours.
Defence counsel Giollaosa Lideadha said
he was asking the judge to dismiss the
charges, on the grounds that there was
insufficient evidence against the boy and that
the prosecution had not satisfied the court
that the boy's right to a fair trial had been
upheld.
In his submissions to the court, Mr
Lideadha said the legislation under which the
boy had been charged must be interpreted in
accordance with the Constitution and with
the European Convention on Human Rights.
He said it could not just be interpreted
literally.
He said a very brief, momentary detention,
was not false imprisonment. He said the
prosecution evidence was that the boy was
walking backwards filming Ms Burton while
saying "talk to us Joan".
He said the prosecution was claiming he

should be convicted of false imprisonment

based on evidence that at one point the boy
was not backing up, had some physical
interaction with a garda and that Ms Burton's
progress was delayed.
Mr Lideadha said there was at least a
reasonable possibility on the evidence that
there had been an agreement between
garda and protesters to allow Ms Burton and
Ms O'Connell's vehicle to be "slow marched"
out of Tallaght.
He also said the boy had never been told he
could be charged with a public order offence,
let alone the offence of false imprisonment.
He said convicting him of false imprisonment,
and even the decision to charge him with this
offence in the first place was not in
accordance with his rights under the
Constitution.
Mr Lideadha also told Judge King there was
insufficient evidence to find his client guilty
of the offences. He said the court had the
power to dismiss the charges if it appeared
from the evidence that there was a real risk
of an unfair trial.
Mr Lideadha also told the court that the
prosecution had failed to prove the offences
beyond reasonable doubt. He said that if the
charges were not dismissed, then that would
amount to a failure to vindicate the
constitutional rights of the accused, a failure
to uphold his right to a fair trial as well as a
failure to uphold the authorities' obligation

not to abuse their powers and not to act in a

manner inconsistent with basic fairness.
He said, depending on the judge's decision in
relation to the interpretation of the
legislation, the defence may ask him to state
a case to the High Court on the issue.
http://www.rte.ie/news/2016/0927/819559-jobstown-children-scourt/
Get #JobstownNotGuilty trending again. Verdict tmw of false
imprisonment trial of Joan Burton. Exceptional 17 year old political
and community activist needs our support tomorrow. Protest 10am
and 3pm at the Children's Court in Smithfield.

The verdict today. Share and support. There is no evidence

of false imprisonment. This is an attack on our right to
protest
Fiscal-Stability-Treaty-Ratification-Map
http://www.europeanmovement.ie/wpcontent/uploads/2012/11/Fiscal-Stability-Treaty-Ratification-Map.pdf

Brookview residents at #JOBSTOWNNOTGUILTY

Joan the Psychopath.

The Court should balance the danger to public order,

against the right to freedom of assembly. In doing so, the
Court will assess not just the facts of the case at national
level but the entire political backdrop in the state at that
time. The UN Special Rapporteur, on the rights to freedom
of peaceful assembly and association,

This is an appeal to everyone who has ever marched,

protested, striked, whether you're are or ever have been
an activist or not, even if all you ever did was complain
about our corrupt country without doing any of the above,
PLEASE come to the Children's Court in Smithfield
tomorrow from 10am to show support to the young gent
who is due to have a Verdict handed down on the charges
of False Imprisonment of Joan Burton and her Aide.
Tomorrow is without a doubt the most important day in
this young lads life and it could be his Worst also.We will
be there till the Verdict arrives which will most likely be in
the afternoon. There is a bus strike but you can get the
Luas Red Line to Smithfield and the Court is 50 yards
away.Car Pools have been arranged in the Tallaght area.
Please contact 085722 1120 if you need to avail of this
service. Thanks for your continued support.
If you have banners feel free to bring them.
P.S.
BUS STRIKE IS OFF
If you're out and about this evening with friends or comrades, or
sitting in with the family please take a couple of minutes to discuss
this total wrongdoing. In this blatant political policing exercise, the
first casualty could well be a fine young man from our area. Make
plans to get in and support all the members of our community, and
stick to them. The children's court. Smithfield. 10:00pm. Tuesday
the 27/9/16.
An injustice to one, is an injustice to all.
STOP POLITICAL POLICING.
(In the very least, if you cannot attend, please share. Make others
aware)

Fiscal Treaty Ratification

Update
by Comms Team on November 30, 2012 in Irish Referendums, Just
the Facts, Latest News

In the run-up to the Fiscal Treaty Referendum last June, EM

Ireland produced a series of infosheets to provide Irish citizens
with independent, unbiased information regarding the Treatys
content, potential impact and progress around Europe.
The Just the Facts Fiscal Treaty Infosheets were designed
to explain the Treatys provisions in clear, accessible language
and dispel any myths about the potential consequences of a
Yes or No vote.
As a part of this information campaign, the Just the Facts
Treaty Ratification Map was created to detail the ratification
progress of the Treaty across EU member states. This map
continues to be updated with details of the Treatys ratification
progress.
This latest edition of this map can be downloaded by
following this link: Fiscal Stability Treaty Ratification
Map .pdf
For more information on EM Irelands Just the Facts referenda
work visit the Just the Facts webpage or read the latest Just
the Facts articles here.

http://www.europeanmovem
ent.ie/wpcontent/uploads/2012/11/Fisc
al-Stability-TreatyRatification-Map.pdf
Just the Facts: The Childrens
Referendum
by Comms Team on November 8, 2012 in Irish Referendums, Just the
Facts, Latest News, Our Publications

On Saturday 10 November, we will vote on a proposal to insert

a new article into the Irish Constitution between Articles 42
and 43, which will be numbered 42A and entitled Children. At

the moment there is no specific article for children, rather the

State holds that the rights of children are effectively protected,
by Articles 40.3, 41 and 42, which are articles addressing the
Family and Education.
The Legislative Background to the Referendum
The Childrens Referendum is being held as part of a broader
programme of reform introduced by the government in the
area of childrens rights. In 2006, Ireland agreed to hold a
referendum on this issue, due to concerns that had been
expressed by various official bodies since the late 1970s. In
the 1990s, Childrens Rights were put on the UNs agenda due
to lobbying by various Irish NGOs. The UN committee on the
Rights of the Child, who evaluated Irelands adherence to the
UN Convention on the Rights of the Child, expressed concern
that the wording of the Irish Constitution does not allow the
State to intervene in cases of abuse, other than in very
exceptional cases. Furthermore, they expressed concern over
the fact that Irish law does not meet international standards
for the protection of children in specific situations, in particular,
the justice system, the care system and adoption, and
healthcare. This is partly due to the paternalistic phrasing of
Article 42, which does not recognise the child as an
independent rights-holder in and of itself. In response the
government undertook to amend the constitution to make a
more explicit commitment to childrens rights.
Although it is difficult to compare the status of childrens rights
in Ireland as opposed to other EU countries, all countries in the
EU have been criticised by the UN Committee on the Rights of
the Child for their treatment of children in the justice and court
system and Ireland has gone some way towards alleviating
this by the holding of a Childrens Referendum. The proposed
amendment builds on this by obliging the court to ascertain
the views of the child in court where possible, along with the
(presumed) corresponding obligation to appoint an advocate
for the child, or a guardian ad litem in court proceedings. This
should be prescribed in legislation if the amendment is
adopted. Until now, there has only been a Constitutional
presumption that the childs best interests lie with the married
parents, something that is difficult to rebut in court. The
introduction of the guardian ad litem role may change this in
practice. Aside from the issue of children in the justice system,
which appears to be relevant for every EU country to some
extent, the other issues listed by the UN seem to be very

much specific to Ireland, for example in relation to adoption.

Romania is the only other country with an issue in this regard;
here, the UN concluded that the time it takes to adopt is too
long and may not be in the best interests of the child. Access
to appropriate healthcare is also only an issue in Ireland and a
few other countries, such as Italy, Estonia and Latvia, and
here, it tends to arise in the area of undocumented asylumseekers, whereas in Ireland, it arises more generally for all
children.
Potential Legal Issues
The constitution states that the rights of the married family
are imprescriptible, meaning that they cannot be removed or
changed by law. With the new amendment proposing to
introduce the natural and imprescriptible rights of children, it
remains to be seen what a court will decide if these two rights
ever do clash, particularly if the amendment facilitated State
intervention in a family situation, which would previously have
been impossible due to the Constitutional protection to the
married family. It is likely that the outcome of the case will
depend on the facts more than they do now, as courts will be
able to give more weight to the views of the child as well as
their best interests on a case-by-case basis, whereas
previously they could only consider the childs rights through
the lens of the family structure, for the children of married
parents.
If the referendum is passed it will place an obligation on the
Oireachtas to introduce legislation that ensures the best
interest of the child is always of paramount consideration in
cases involving guardianship, protection and adoption. In
theory, this legislation could provide more guidance for the
courts in case of a clash of rights.
Furthermore, if the amendment is introduced, it will allow the
government to further improve policy in relation to childrens
rights. To date they have outlined intentions to improve
standards for child protection and allow a broader range of
care homes to be inspected, to strengthen and improve child
protection laws, to reform of detention facilities, to work with
and aid parents and parent groups, and early years policy
development.
Political and Cultural Context of the Referendum
Those in favour of a Yes vote include: Fine Gael, the Labour
Party, Fianna Fil, Sinn Fin, the United Left Alliance (ULA) and

nearly all Independent members of Dil and Seanad ireann as

well as over 100 childrens groups of the Childrens Rights
Alliance,, Ombudsman for Children Emily Logan, Trade Unions,
The Bar Council, the Law Society of Ireland, the Irish
Countrywomans Association (ICA), the Disability Federation of
Ireland, various parents groups and many more. They believe
that in practical terms, the courts should be free to give
priority to the welfare of the individual child over the family
unit, if and where necessary. However, there are far-reaching
practical implications to this, particularly in issues relating to
guardianship and adoption, which are addressed in the next
section.
Those in favour of a No vote include Independent TD Mattie
McGrath, former MEPs Kathy Sinnott and Dana Rosemary
Scanlon, journalist John Waters, the Alliance of Parents Against
the State, Parents for Children, and Two Rights Now, a group
advocating the separation of Church and State. All these
believe that the amendment would allow too much State
intervention. They also believe that the amendment does not
actually give more rights to children, but rather that it reallocates existing parental rights to give the State more power.
In actual fact, the referendum does little to change the States
power to intervene in a situation of concern but it does
increase their ability to intervene at an earlier stage to support
the family, where safe for the child, and only to consider
removing the child as a measure of last resort, under the
proportionality test prescribed in the Amendment. Previously
any ability to intervene would have been limited by the
parents marital status. It also allows the children of married
parents to be placed for adoption, where they have failed in
their duties for a period of three years. Currently this can only
happen by court order, if the High Court is satisfied that the
child has been legally abandoned, something which is
exceptionally difficult to prove. Furthermore, it is interesting
to note that the referendum is taking place during a time of
debate over imposing conditions on Child Benefit, something
which has previously been under judicial scrutiny at European
level.
Wording
The exact wording of the proposed article is as follows:
1 The State recognises and affirms the natural and
imprescriptible rights of all children and shall, as far as
practicable, by its laws protect and vindicate those rights.

2 1 In exceptional cases, where the parents, regardless of

their marital status, fail in their duty towards their children to
such extent that the safety or welfare of any of their children is
likely to be prejudicially affected, the State as guardian of the
common good shall, by proportionate means as provided by
law, endeavour to supply the place of the parents, but always
with due regard for the natural and imprescriptible rights of
the child.
2 Provision shall be made by law for the adoption of any child
where the parents have failed for such a period of time as may
be prescribed by law in their duty towards the child and where
the best interests of the child so require.
3 Provision shall be made by law for the voluntary placement
for adoption and the adoption of any child.
4 1 Provision shall be made by law that in the resolution of all
proceedings
i brought by the State, as guardian of the common good, for
the purpose of preventing the safety and welfare of any child
from being prejudicially affected, or ii concerning the adoption,
guardianship or custody of, or access to, any child, the best
interests of the child shall be the paramount consideration.
2 Provision shall be made by law for securing, as far as
practicable, that in all proceedings referred to in subsection 1
of this section in respect of any child who is capable of forming
his or her own views, the views of the child shall be
ascertained and given due weight having regard to the age
and maturity of the child.
Practicalities
Polling takes place, this Saturday November 10th. Polling
stations will be open from 9am until 10pm. All Irish citizens
are entitled to vote but they are required to bring their polling
card and photo identification. If you have not received your
polling card, bring along your photo identification.
Conclusion
As with all Referenda and Elections, European Movement
Ireland would strongly encourage all its members to vote this
coming Saturday, and we hope that this Just the Facts
briefing was useful in helping to inform you of the relevant
issues in the debate.
For More Information
Further information on this particular issue can be obtained

from a number of different organisations and bodies

including: www.childrensrights.ie ;
www.childrensreferendum.ie; and The Referendum
Commission at www.referendum2012.ie.
You can also contact The Referendum Commission through the
following channels:
Address: 18 Lower Leeson Street, Dublin 2, Ireland.
Tel: 01 639 5695
Lo-Call: 1890 270 970
Email: refcom@refcom.gov.ie
This Just the Facts is an email information service from
European Movement Ireland available to its members. For
more information on becoming a member of European
Movement Ireland, contact our offices or visit the website at
www.europeanmovement.ie
http://www.europeanmovement.ie/just-the-facts-the-childrensreferendum/

PRESS RELEASE: Irish-Anglo

Relationship Needs to be Top
of the Brexit Agenda
by Comms Team on June 29, 2016 in Latest News

Essential that impact on citizens is

main focus of EU leaders
Dublin, Wednesday, June 29 2016: As leaders of EU
Member States continue to meet in Brussels, European
Movement (EM) Ireland is urging them to prioritise the
historical and on-going relationship and ties between the
Ireland and the UK in whatever Brexit deal is agreed.
The close and multi-faceted relationship between the two
islands pre-dates our membership of the European Union, said
EM Irelands Executive Director Noelle O Connell,
Nevertheless, since the day in 1973 when both countries
joined the EU, our relationship has been enhanced and
strengthened, underpinned by our common membership of the
European Union.
The lives of people on both islands should be the chief focus
of all of those involved in negotiating the UKs exit strategy
from the EU, continued Ms O Connell, citing the following

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examples of the interactions between Ireland North and South,

as well as between the two islands:
In 2014/15 there were 10,905 student enrolments from
the Republic of Ireland in Higher Education institutions
throughout the UK
Dublin-London is the busiest route in Europe and the
second biggest in the world, with almost 4.5 million people
flying between the cities in 2015 alone
More than 400,000 jobs rely on exports between the two
islands
30,000 approx. people cross the Irish/NI border every
day
1.2 billion of trade in goods and services flows across
the Irish Sea every week between the UK and Ireland
The EU has provided over 1.5 billion since 1995 to
support peace in Northern Ireland.
According to a RED C opinion poll commissioned by EM
Ireland last month, 86% of Irish people wanted the UK to
remain in the EU. So after last weeks referendum results, we
find ourselves where the vast majority of us did not want to
be, added Ms O Connell, While nothing will change
immediately, there is no doubt that the impact on the lives of
Irish and UK citizens should be the chief concern and priority
in whatever Brexit deal is negotiated in the next while.
The EU is facing one of the biggest shocks in its history. It is
essential that in trying to find the best way to deal with the
unique situation we find ourselves in, that the needs of citizens
are its foremost focus. This matters not just for those in the
UK and Ireland, but for all EU citizens, concluded Ms O
Connell.
Ends.

Key Facts about the Irish-UK

relationship

AgricultureThe UK was the main destination for Irish agrifood and drink exports in 2015 accounting for 41% of all agriexports.
Beef Exports
The UK is a significant market for Irish beef, as it accounted
for 52% of all Irish beef exports in 2015.
Air Travel
Dublin-London is the busiest route in Europe and the second
biggest in the world, with almost 4.5 million people flying
between the cities in 2015

Peace Process
The EU has provided over 1.5 billion since 1995 to support
peace in Northern Ireland.
University Fees
In 2014/15 there were 10,905 student enrolments from the
Republic of Ireland in Higher Education in the UK.
Heritage
One in four people in the UK can claim Irish Heritage and there
are 50,000 Irish born directors of UK companies
Trade
1.2 billion of trade in goods and services flows across the
Irish Sea every week between the UK and Ireland. Ireland is
the UKs fifth largest trading partner.
UK Jobs
UK jobs resulting from exports to Ireland are estimated at
208,000.
Irish Jobs
Almost 200,000 people in Ireland are employed as a result of
our exports to the UK.
Tourism
Great Britain delivers almost 50% of all overseas visitors to
the Irish tourism market.
http://www.europeanmovement.ie/press-release-irish-anglorelationship-needs-to-be-top-of-the-brexit-agenda/
EM IRELAND/RED C POLL Ireland & the EU Poll
http://www.europeanmovement.ie/wp-content/uploads/2016/05/EMRED-C-Infographic-2016-LR.pdf

Just the Facts: The Repeat

Spanish General Election
by Comms Team on June 28, 2016 in Just the Facts, Latest News,
Our Publications

On Tuesday, 26 April 2016, Spains King Felipe VI announced

that the second general election in just six months would be
held on 26 June. The date was confirmed once the parliament
in Madrid was officially dissolved on 3 May. This followed
months of failed negotiations to form a government following
the previous election on 20 December 2015. On Sunday June

26, Spain voted in the first repeat election in the countrys

democratic history.

The December election and aftermath

The December election had been heralded as the end of the
traditional two-party Spanish system which had been
dominated by the Partido Popular (PP) and the Partido
Socialista Obrero Espnol, the Socialist Workers Party (PSOE),
since 1978, meaning Spain has never had a coalition
government. The results of the December vote indicated that
forming a coalition was the only way forward: the PP won 123
seats, accounting for 28.7% of the vote; the PSOE achieved
22% of the vote, which gave them 90 seats; the left wing
party Podemos received 20.7% of the vote which entitled them
to 69 seats; while Ciudadanos, the centrist Citizens party,
obtained 40 seats on 13.9% of the vote; the remaining 14.7%
was divided between smaller parties. In the aftermath of the
election, negotiations to form a government began. King
Felipe first offered his vote of confidence to the leader of the
PP, acting Prime Minister Mariano Rajoy, and then called on the
Socialist leader, Pedro Sanchez to form a minority coalition.
When both attempts failed, the king withdrew from
negotiations with the party leaders.

June Repeat Election

Turnout for the election was 70%, down from 73.2% in

December. The PP won 137 seats on 33% of the vote, an
increase of 14 seats since the previous election. PSOE secured
85 seats on 23% of the vote. Podemos took 71 seats on 21%
of the vote. Ciudadanos won 32 seats on 13% of the vote.
The remaining 25 seats were divided between smaller parties.
Once again neither of the potential coalition blocs has reached
the requisite number of 176 seats to form a majority
government. On the left Podemos and the PSOE won a
combined total of 156 seats, and on the centre-right, PP and
Ciudadanos together have won 169 seats.

Stalemate

Opinion polls had predicted the PP would gain more seats than
the PSOE and that there would be a lower turnout indicating
the mood of the country after months of fruitless negotiations.
The conservative PP winning 137 seats was said to have been
aided by the atmosphere following the UKs vote to leave the
EU. As Europe reacted to the Brexit news, the Spanish
market was badly hit with Madrids stock exchange index

plunging by 12.4% on Friday and Banco Santander suffering

significant market losses.
For the second time in six months, the formation of a coalition
is necessary to end this political stalemate. The 8 seat loss
suffered by Ciudadanos has been attributed to a failed attempt
to form a coalition with Podemos which may have caused some
of their conservative supporters to revert to the PP in the leadup to the June election. The support of two of the moderate
regional parties that won some of the remaining 25 seats, one
from the Basque region and the other from the Canary Islands,
will be needed by a centre-right alliance headed by Mr Rajoy,
to form a minority government. However, Albert Rivera the
leader of Ciudadanos has said that Mr Rajoy would have to
step down as leader of the PP before his party would join a
centre-right alliance. Even if the acting Prime Minister gains
the support of the reluctant Ciudadanos and the moderate
regional parties, he would still be one seat short of the 176
majority he needs. Mr Rajoy has said that he will speak with
the leaders of all other political parties, starting with the PSOE,
ruling nothing out in an effort to end the deadlock before the
first sitting of the parliament which is scheduled to take place
on July 19.

EM Irelands Irish Presidency

Review
by Comms Team on July 8, 2013 in Irish Presidency, Latest News,
Our Publications

European Movement Ireland has compiled a Review of the

Irish Presidency of the Council of the European Union 2013,
which details the key events, issues and achievements of the
six-month period. The purpose of this Review is to afford an
insight into the level of work that was carried out during the
Irish Presidency, which ran from January to June 2013. This

Review only offers a very brief glimpse of the work carried out
by the Irish Presidency; a more comprehensive overview can
be found in the Irish Presidencys own report, Results of the
Irish Presidency of the Council of the European Union, which is
available on the Irish Presidency website.
We have also put together a Review of EM Irelands Presidency
Programme of Campaigns and Activities 2013, in order to
provide our members, as well as the broader Irish public, with
an overview of our work over the last six months. This Review
represents the culmination of almost a year of work by the EM
Ireland team, leading up to and during the Irish Presidency.
We hope that these Reviews will be of interest and use to you,
our members, as we all look back on a very busy and
successful Irish Presidency.
Read EM Irelands Review of the Irish Presidency of the
Council of the EU here.
Read about EM Irelands 2013 Presidency Programme of
Campaigns and Activities here.
http://www.europeanmovement.ie/irish-presidency-review/
Irish Presidency Review A Review of EM Irelands Presidency
Programme of Campaigns and Ac vi es 2013
http://www.europeanmovement.ie/wpcontent/uploads/2013/07/Review-of-EM-Ireland-Presidency.pdf

A hard future awaits for

Theresa May without a
vision for soft Brexit
No 10 needs to start defining what the gentler road out of
the EU looks like, whatever ructions it causes with hardline
Tory leavers
Mon, Sep 26, 2016, 11:33

Anne McElvoy

Did Boris Johnson have a Brexit wobble? Certainly,

and not just as Craig Oliver the director of
communications for David Cameron complains in
the first of a round of score-settling memoirs from the
erstwhile No 10 team. Johnson is an exciting but
uncertain political unicyclist, who swerved and sideslipped his way to supporting Vote Leave. If Camp
Cameron was surprised to find the great Tory manchild
still head-scratching and evoking Eeyores depression
about the chances of a leave victory while campaigning
for it, they were not paying attention to Boriss mood
swings.
When Liam Fox, then in the wilderness, now reelevated to the outer part of the May inner circle as
trade secretary, threw a party early last year dominated
by pumped-up Tory leavers, Johnson spent much of
his time sighing and hair-ruffling about the
referendum and confided to me (and I guess, several
others) that he was still completely torn on this EU
thing.
It did not always suit No 10 to acknowledge the reality
that loyalty to Cameron was skin deep and that
aspirations beyond the referendum would nuance how
senior Conservatives behaved in the campaign.

Ambitious politicians, given an open goal, tend to take

a shot at it.
When the wound-licking is done, the more important
matter will be what kind of relationship Britain should
have with the EU after the divorce. Wolfgang Schuble,
Germanys powerful but testy finance minister, has just
got shirty with the foreign secretarys blithe suggestion
that there was not necessarily a trade-off between the
single market and freedom of movement inside the EU.
That will not necessarily please Angela Merkel, who
has phrased her response to Brexit with deliberate
calm. She knows punishment beatings wont help get
this sorted, a confidant in the Kanzleramt tells me.
Merkel does not remotely like Brexit and believes it a
mistake for Britain and Germany. But as a child of the
old East Germany, she is keenly aware that elites
sounding bitter or resentful about a popular movement
is counterproductive.
Absolutists on both sides are reluctant to move on. Yet
they must, for the good of Britain and also the wider
EU, which is more afflicted by post-referendum
turbulence than it can readily admit. Practical inquiry
will soon turn to whether Brexit should be of the soft or
hard variety . The softy tendency wants to retain
single market access, or at least as much of it as can be
salvaged via trade deals. And while Schuble is right
that the Lisbon treaty links freedoms of movement to
single market access, that does not account for the
EUs tendency to state that things are inviolable and
then, under pressure, negotiate on them.
A generous offer on freedom of movement for those
with guarantees of work and study places, for instance,
would get a better reception in Europe than the
hardline anti-immigration suggestion that Fortress
Britain needs very few incomers to prosper. Hard
Brexit advocates are already staking out their ground:

Some vainly advocate retaining features of EU

membership after leaving but this is not practical,
raps the longstanding Tory Eurosceptic Bernard
Jenkin.
But the ghosts of pre-EU diplomacy stalk postreferendum Europe. Better to look to the early 19th
century and Count Metternich, wheeler-dealing to save
the fortunes of Austria by dogged pursuit of dtente
with France and alignments with Prussia/Russia
(unthinkables and impracticals in their day too),
rather than the trumpet blasts of Boris or Jean-Claude
Juncker. Events which cannot be prevented must be
directed, the great Austrian diplomatic fixer once
remarked a lesson for those who have to deliver on
the Brexit promise.
Many convinced, outraged, piqued or spuriously
confident voices will say that hard Brexit is the decisive
way to go. Nigel Farage is already priming his
comeback in defence of this proposition. Perversely, it
appeals to avowed sceptics in Britain and those in the
institutional EU who still believe that putting Britain
out in the cold is the best way to cauterise revolt
elsewhere. Here is a recipe for deepening animosity.
Geography is master of all our fates and post-Brexit,
we still have to share a continent.
A gentler methodology requires patience about the
pace of negotiations from the British, government and
an acceptance in the EU that since Britain is the first
big ex-member state, its final status will, by
definition, be something that has not existed before.
The hardest part might not be finding a fudge on
freedom of movement, via work permits and a broad
deal on student visas but the right recipe for
maintaining trade and cultural links. If soft Brexits
contours are still vague, it starts with a state of mind,
which understands that Brexit needs to be delivered

and does not only harp in bad faith on the defeat of

remainers, but which also accepts the great jeopardy in
leaving the EU, and thus that the process is best
undertaken as circumspectly as possible.
It will cause ructions inside the Conservatives, but the
least worst option is better than the alternatives
A Usain Bolt model, in which a race to trigger article
50 becomes the starting gun for the fastest possible
Brexit, will cut off compromises, deepen
misunderstandings and leave a sulky UK offshore from
a bruised and crosser EU, with practical details of how
we will associate with member states dangerously
unclear.
The softy tendency must start to build a coalition of
support and make its case. Rather more than is
reflected by the true believers on either side, many
voters shared a dollop of Boriss vacillation: neither so
convinced by the EUs self-praise that they yearned to
stay in it, nor convinced by the better off out
simplicities of outright Brexiters. The May-Hammond
duumvirate needs to start defining what the gentler
road to Brexit looks like and outline its benefits. It will
cause ructions inside the Conservatives and a wider
argument about what Brexit is to mean, but the least
worst option is better than the alternatives. Metternich
had a natty coinage for that too: The obvious is always
the least understood. Not for the first time, he was on
to something.
http://www.irishtimes.com/opinion/a-hard-future-awaits-for-theresamay-without-a-vision-for-soft-brexit-1.2805689

Just the Facts: The AppleIreland State Aid

Investigation
by Comms Team on September 7, 2016 in Just the Facts, Latest
News

On 30 August 2016, the European Commission concluded

that Ireland granted undue tax benefits of up to 13 billion to
Apple, the multinational technology company. This is
considered by the Commission to be illegal under EU state aid
rules as it allowed Apple to pay significantly less tax than
other businesses. The Commission has instructed Ireland to
recover the 13 billion plus interest. On 2 September 2016,
the Irish government announced its decision to appeal the
ruling.

State Aid

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State aid is understood to be a form of state intervention used

to promote a certain economic activity, meaning that certain
economic sectors, regions or activities are treated more
favourably than others. In so doing, state aid distorts
competition in the EU Single Market because it discriminates
between companies.
According to the European Commission, to be deemed illegal,
state aid must fulfil the following criteria:
Measures must involve a transfer of state resources;
The aid must constitute an economic advantage that
would not have been granted in the normal course of business;
The aid must be selective, thereby affecting the balance
between certain companies and their competitors this
criterion is what differentiates state aid from general
measures;
The aid must have a potential effect on competition
and trade between Member States.
Small amounts of aid, up to 200 000 per undertaking over a
three year period, do not have a potential effect on
competition and trade between Member States and therefore
fall outside the scope of the Treaty on the Functioning of the
European Union.

Background to the Investigation

Since June 2013, the Commission has been investigating the

tax ruling practices of Member States.

In June 2014, the European Commission began in-depth

investigations in Ireland, the Netherlands and Luxembourg to
see if the corporate income tax paid by Apple, Starbucks and
Fiat respectively amounted to illegal state aid. The Apple
state aid ruling is the culmination of the Irish investigation. In
October 2015, the Commission had concluded that the
Netherlands and Luxembourg had granted selective tax
advantage to Starbucks and Fiat and ordered the recovery of
20-30 million of unpaid tax from each company. Both
governments have since appealed the rulings.
These rulings are not the first of their kind. The Commission
has been investigating cases of state aid for decades. There
are also two other ongoing investigations into tax rulings that
may constitute state aid, in Luxembourg involving the
McDonalds company, which was launched in December 2015,
and Amazon, the ruling of which is expected in the coming
months.

The Conclusion of the Investigation

In a press conference given by Margrethe Vestager, the

Commissioner in charge of competition policy, the European
Commission announced its conclusion that two tax rulings
issued by Ireland to Apple in 1991 and 2007 substantially and
artificially lowered the tax paid by Apple in Ireland since
1991.
The Commission found that two companies of the Apple group
registered in Ireland, Apple Sales International, and Apple
Operations Europe, recorded the majority of their sales profits
in a head office that existed only on paper. Under specific
provisions of the Irish tax rulings, which are no longer in force,
these profits were not subject to tax in any country. The
Commission concluded that, as a result of these provisions
which were in force at the time, Apple paid a far lower
effective corporate tax rate on its European profits, estimated
by the Commission as 1% in 2003, declining to 0.005% in
2014 on the profits of Apple Sales International.
The tax rulings were classified as illegal state aid under EU law
because they gave Apple an unfair competitive advantage over
other companies that are subject to the same national taxation
rules in Ireland. The Commission stated that this decision
does not call into question Irelands general tax system or its
corporate tax rate.
Covering the ten-year period leading up to the Commissions
first request for information in 2013, Ireland has been

instructed to recover the unpaid taxes from Apple for the years
2003-2014 of up to 13 billion, plus interest. The amount of
unpaid taxes to be recovered by Ireland would be reduced if
other countries were to require Apple to pay more taxes on the
profits recorded during this period.
As is standard practice for Commission decisions on state aid,
the full decision has been deemed confidential. It now falls to
Ireland and Apple to clear the decision of sensitive information
and decide when it can be published. In other cases,
Commission decisions have been published months after the
decisions were. For example, the Commissions decision
regarding the Netherlands and Starbucks was announced on
21 October 2015, and not published in full until 27 June 2016.

Reaction

Ireland
After the Commissions ruling on 30 August 2016, the Irish
Department of Finance issued a press release stating that
Irelands position remains that the full amount of tax was
paid and no state aid was provided. It rejected the claim
that Apple had been given favourable tax treatment, and went
on to say It is not appropriate that EU State aid competition
rules are being used in this new and unprecedented way in the
area of taxation, which is a Member State competence and a
fundamental matter of sovereignty.
The Irish Cabinet met on Wednesday 31 August 2016 to
discuss the implications of the ruling. The Taoiseach, Enda
Kenny TD, and Minister for Finance, Michael Noonan TD,
indicated their intention to appeal the ruling. On Friday 2
September, the Cabinet agreed to launch an appeal, which it
will ask the Dil to endorse when it is recalled, earlier than had
been scheduled, on Wednesday 7 September.
International
Apple CEO, Tim Cook, stated This is a huge overreach that
represents retrospective activity and is completely unfair.
Former Commissioner in charge of the Digital Agenda, Neelie
Kroes, argued that the Commission appeared to be using state
aid investigations into tax rulings in order to rewrite the
sovereign right of Member States to determine their own tax
laws.
Others, such as Italian MEP Gianni Pittella, president of the
Progressive Alliance of Socialists and Democrats (S&D) has
praised the Commission for taking a tough stance on
multinational corporations.

European Commission President, Jean-Claude Juncker, has

responded by saying that the ruling was made without
discrimination and without bias in order to defend a level
playing field.

The Appeals

The appeals launched by the Irish government and Apple will

first go to the General Court of the European Court of Justice
(ECJ) in Luxembourg. Based on existing case law, it is likely
that the third criterion of illegal state aid that aid must be
selective will be pivotal in the decision. Despite the pending
appeals, Ireland must still recover the 13 billion and this may
be placed in a ring-fenced escrow account.

Legal Precedent

In 2007, the European Commission concluded that Spain was

giving certain firms illegal state aid through a provision in the
Spanish tax code, and it was ordered to recover the aid. The
decision was appealed in 2010 by three companies which had
availed of the provision: Santander Bank, Santusa, and
Autogrill. The General Court found in favour of the companies
finding that the Commission hadnt proved that the provision
was selective, because it was theoretically available to
everyone. This was based on the General Courts
understanding that the provision was applied to a certain
category of economic transactions rather than to specific
companies.
The Commission appealed this decision. Ireland submitted
written and oral submissions to the hearing, backing the
companies. In the appeal, Santander argued that the
Commission had contradicted itself by stating that tax rulings
were not illegal, but that multinational and domestic
companies should be treated the same in tax law.
In July 2016, the ECJ Advocate General, Melchior Wathelet,
issued a legal opinion on the case in which he rejected the
General Courts ruling. The final decision is likely to be
announced in the coming months. It is worth noting that the
majority of final ECJ judgements usually agree with the
Advocate Generals opinions. If the Spanish case is ruled in
favour of the Commission, the judgement would supersede all
other EU state aid case law.
http://www.europeanmovement.ie/just-the-facts-the-apple-irelandstate-aid-investigation/

Executive Directors Blog

Studying in the EU
by Comms Team on August 29, 2016 in Executive Director's Blog,
Latest News

In the early hours of the 24th June, as the votes from the final
constituencies across the United Kingdom were tallied, the
reality dawned that a majority of the electorate had voiced
their desire to formally withdraw from the European Union.
Throughout the referendum campaign, university leaders in
the UK had strongly advocated the need to remain within the
EU. A Leave vote, they claimed, would have dire
consequences on their third-level education system as a result
of the loss of access to the educational opportunities afforded
by the EU. Here, we examine the opportunities in question,
outlining what membership to the EU means to the students of
Ireland and all of those in Europe.
The free movement of people is one of the basic rights of all
EU citizens. This right facilitates the Erasmus programme, an
initiative which offers 3rd level students the opportunity to
study in any member state of their choice. The programme, an
acronym of the European Region Action Scheme for the
Mobility of University Students, is inspired by the Dutch
philosopher of the same name, who travelled extensively
throughout Europe in an effort to broaden his horizons and
experience new cultures.
Erasmus is the single largest educational exchange programme
in the world, with over 3 million students taking part since its
launch in 1987. Latest figures show that 7.5% of all EU
students currently study in a member state other than their
own. The launch of Erasmus Mundus, a sister-initiative which
affords some opportunities to students from non-EU countries,
as well as Erasmus+ which expanded the programmes scope
into the realm of sport, has further contributed to the growth
in the programmes popularity.
With over 4,000 universities participating in the Erasmus
programme, students from all academic backgrounds and
courses, not just language-based ones as is the common
misconception, are invited to partake in the programme.
Studying abroad gives young people a great opportunity to
experience other languages and different European cultures,
helping to cultivate a shared European identity. Many students

cite their Erasmus year as the most enjoyable part of their

time in university and the numerous networks and friendships
often last well beyond graduation. As well as offering endless
opportunities for personal development, enrichment of
academic knowledge and professional competence, a period
abroad is also highly valued by many prospective employers.
Looking to the future, the educational framework of the
European Union stands to evolve further over the coming
years, largely in response to the EUs 2020 Initiative, which
outlines the EUs agenda for growth and innovation strategies
until the end of this decade. Education holds a central place in
these strategies and a number of goals have been established
for each member state to achieve These include reducing the
number of early school leavers to less than 10%, and
increasing the share of the EUs population aged 30-34 with a
university degree to 40%, as well as improving the
competency of primary school pupils in maths and science.
Last week our own Central Applications Office, the CAO as it is
known, offered 3rd level places to over 75,000 leaving
certificate students. For any of them or anyone else interested
in looking at taking part in the Erasmus programme, colleges
around Ireland can assist both students from abroad as well as
their own students who wish to engage in the Erasmus
programme.
If you are looking to take advantage of an exchange
programme such as Erasmus, remember to inform your
colleges of your wishes to study abroad as places and funding
are limited. Applications need to be made well in advance.
The same goes for accommodation. The Erasmus programme
does not include accommodation, so it is a good idea to begin
your search for housing as soon as your application process
has been finalised.
Best of luck with your studies!
This blog post is an edited version of our Executive
Director Noelle O Connells monthly column in the Cork
Evening Echo.

Reform and Referendum: The

UK, Ireland & the Future of
Europe

European Movement Ireland is hosting

a series of conversations in Ireland
about the UKs EU agenda.
The UKs forthcoming In-Out referendum as well as its
related reform agenda have profound implications for Ireland
and the rest of the European Union. We believe that Irish
people need to understand and engage with these issues,
therefore we are organising a series of events, beginning on
9 November in Dublin.

Dublin Event, November 2015

We were honoured that Tnaiste Joan Burton TD kindly

opened the event and launched our Conversation series. You
can read Ms Burtons speech here.
Fiona Hyslop MSP, Cabinet Secretary for Culture, Europe
& External Affairs in the Scottish government delivered the
keynote address: Scotlands Future in the EU: A Renewed
Vision of Solidarity, Social Protection and Mutual Support.
European Movement Irelands Executive Director Noelle O
Connell proposed that the impact on the EU and Ireland
should the UK succeed in securing its reform agenda must also
form part of the present debate on a possible UK exit from the
EU.

Laura Sandys, Chairperson of European Movement UK &

leading campaigner for the UK to remain in the EU, spoke
passionately from the heart. Laura has recommended a video
from a TEDx event she spoke at and the Students4Europe
one, a new group in the UK.
Ian Parsley, Chairperson of European Movement Northern
Ireland delivered a challenging perspective which was very
positively received in the room.
And last, but not least, our colleague Petros Fassoulas,
Secretary General of European Movement International
outlined the likely reforms the UK government would seek as
well as informed insights about how these might be received
and managed by others.
An excellent Q&A followed which was ably moderated by Noel
Whelan, along with the rest of the event.
H.E. Ambassador Dominick Chilcott closed the event with
his personal reflections on the mornings proceedings.
This event leads off a series of at least four to be held across
Ireland in 2016 and depending on the date of the UK
referendum, in 2017 also.

We will provide regular updates with the assistance of our

National Conversation Rapporteur Amy McArdle, on this site
and through our social media channels.

With or Without You.

Does Europe care about Brexit?
https://gallery.mailchimp.com/216c20dd3756851dc257802c1/files/P
etros_Fassoulas_EMI_Speech_Dublin.pdf

Laura Sandys' TED Talk on EU

membership
Sep 3, 2015
Former MP and Chair of the European Movement Laura Sandys
explains her reasons for believing that the UK belongs in the
EU.
https://www.youtube.com/watch?v=JX-pGtUEptc

SCOTLANDS FUTURE IN THE EU: A RENEWED VISION OF

SOLIDARITY, SOCIAL PROTECTION AND MUTUAL SUPPORT
Introduction
Tanaiste, Minister, Members of Parliament, Ambassadors,
Ladies and Gentlemen. It is my very great pleasure to
have been asked to give todays keynote address at the
launch of the European Movement Irelands National
Conversation about the UKs EU Reform Agenda and
Referendum. I am going to highlight the importance to
Scotland of the UK remaining in the EU and the Scottish
Governments perspective on the EU referendum. I will
also outline our own agenda for constructive reform within
the EU and, where I have sufficient detail on the proposals,
I will also give our views on the UK Governments
renegotiation agenda.
The European Movement Ireland- I want to start by paying tribute to the work that the
European Movement Ireland has been doing for over 60
years. It is striking that the Movement predates Irish
Membership of the Union by over 20 years and this is a
positive message in favour of collective action.
I applaud the work of those connected with the European
Movement Ireland, both now and those that have gone
before, and would encourage the Movement to continue
making their reassured, robust and rational case.

The value of EU Membership

A closer relationship between Ireland and Scotland
Scotlands relationship with Ireland, our closest European
neighbour, is a clear demonstration of nations working
together which symbolises exactly what the EU is all
about.
Since the beginning of 2015 there have been 12
Ministerial visits between Ireland and Scotland and I have
made 3 ministerial visits to Ireland. These ministerial visits
are made with the objectives of identifying common
approaches and policies;
establishing areas where joint action benefits both
nations; enabling our businesses to operate effectively in
Scotland and Ireland; and bringing our nations and
peoples closer together. These objectives are shared by
the EU, albeit on a grander scale, and membership of the
EU for citizens of Ireland and Scotland has helped to
facilitate all of these things.
As an illustration, the Single Market has enabled our
economies to be brought closer together facilitating an
increase in trade in goods and services. Ireland is now
Scotlands 8th largest export market with over 1 billion
Euros worth of goods exported in 2013 which increased
8% from 2012 a sure sign of deepening economic
integration. Scotland and Irelands economies are now so
inextricably linked through the Single Market that the
removal of Scotland from the EU would have a severely
detrimental effect on both our economies. Currently,
Ireland is the 2nd largest export market for Scottish food,
while it has been estimated that Irish investment in
Scotland is responsible for over 5,000 jobs and turnover of
nearly 3 billion Euros.
It is not only the Single Market which has brought Scotland
and Ireland closer together. EU funding has also enabled
our nations to work better together for a common
purpose. For example, the INTERREG Funded Access 6
programme which ran from 2013 to summer 2015 has
encouraged cross border collaboration and has fostered
relationships in the food and drink sector. The programme
has provided a number of SMEs in both countries with the
skill-sets, mentoring and logistics support which has
helped them to supply main markets in the UK, the wider

EU and other major international markets. The businesses

involved have experienced over 25 million Euros worth of
sales growth, 87% export growth and have created 160
new jobs. Scotlands removal from the EU would preclude
similar collaborations from occurring in the future.
The Scottish Government is not, however, planning for a
future outside the EU and we are working on deepening,
not cutting, our ties with a number of Member States, with
a particular focus, of course, on Ireland as our closest
European neighbour. During the First Ministers visit to
Dublin in June this year, she announced the establishment
of a permanent Scottish Government presence in Ireland
which will work to strengthen inter-governmental cooperation and increase collaboration
between enterprises and academic institutions in Scotland
and Ireland. I am pleased to announce today that, in
January 2016, the Scottish Government will open its first
innovation and investment hub in the British Embassy in
Dublin to be headed by John Webster, currently a British
diplomat at the Embassy who is here today. Please take
the opportunity to speak to John if you have any views on
how together we make this new initiative a success.
The economic benefits of EU membership
The benefits of EU membership to Scotland and Ireland
stretch far beyond our close relationship. EU membership
brings indisputable economic benefits to both countries
enterprises by placing them in the Single Market - the
worlds largest trading area comprising of 20 million
businesses and 500 million consumers and which accounts
for 16 per cent of global GDP. Indeed, the EU is a vital
export market for Scottish companies accounting for
nearly half of our international exports in 2013, worth over
18 billion Euros. It has also been estimated that over
300,000 Scottish jobs are either directly or indirectly
supported by exports within the EU.
Scotland now trades more with Denmark than with
Australia, Canada and South Africa combined. Moreover,
the free movement of capital enhances our ability to
attract investment from within the EU. In 2014, of over
2,000 foreign-owned companies operating in Scotland,
around 40% of these were owned by shareholders based
in the EU.

Being a part of the Single Market has also helped facilitate

better access to international markets for enterprises
located in Scotland and Ireland by being part of a larger
trading bloc. Only last month, concerns have been
expressed by the US and China, two of the worlds largest
economies about the future of the UKs EU membership.
A UK exit from the EU would jeopardise all of this. Indeed,
the Economic and Social Research Institute have
estimated that trade between the UK and Ireland will fall
by at least 20% in that event. Even if the UK were to have
some form of looser arrangement with the EU allowing
access to the Single Market, similar to that of Norway, it
will still have a significant impact on trade and, as the
former Foreign Minister of Norway pointed out they pay
but have no say.
The wider value of EU membership
The EU is not, and nor should it be, simply an economic
union. The EU is also about solidarity, social protection
and support.
(1) A Union of Solidarity
The Scottish Governments determination to remain in the
EU doesnt simply flow from selfinterest; we want to
remain in a union of solidarity.
We recognise the importance of the European Union in
promoting solidarity and common action in tackling
problems that Member States, acting alone or bi-laterally,
could not hope to. These challenges include energy
security; climate change; unacceptably high levels of
youth unemployment across the Union; and welcoming
and integrating displaced people, refugees and migrants.
These challenges require a collective response to succeed
not isolationism, inward procrastination and abdication
of responsibilities. History will judge us on how effectively
we, the peoples of the EU, collaborated to make our
societies inclusive and sustainable.
So lets not diminish the importance to Europe, and indeed
the wider world, of solidarity and cooperation. After all,
they have replaced war and conflict and cemented
relationships in the process and are the key to tackling the
challenges of the future.
(2) A Social Union
I also believe in a social union. The EU has given our

people valuable social protections that prevent the

exploitation of workers and a race to the bottom which
cannot deliver genuine prosperity but instead creates
division and poverty.
EU regulation has guaranteed significant employment
rights and protections across the entire territory of the EU
the right not to be discriminated against on the basis of
age, gender or race; the right to maternity, paternity or
parental leave; the right to 20 days paid leave per year;
and the right to work for no more than 48 hours per week.
The whole of society benefits from these rights, not just
our workers.
(3) A Union of Support
I also believe in a union of support. A union which supports
the ambitions of its peoples to improve their lives; the
ambitions of its businesses to innovate and grow; and the
ambitions of governments for economic prosperity.
Free movement of persons
EU membership also gives our people the right of free
movement in pursuit of education, training and
employment. The right to live, work and study in any
Member State without fear of discrimination on the
grounds of their nationality. Migration from the EU has also
been beneficial for Scotland. 173,000 EU nationals have
already chosen to make Scotland their home and are
contributing to our society, our culture and our economy.
That figures includes 23,000 Irish citizens according to our
2011 census.
Scotland greatly values both the contribution that EU
migrants bring to our economy and society, and the
benefits of freedom of movement enjoyed by our own
citizens, to live, study and work in all European Economic
Area (EEA) countries. EU migrants who move to Scotland
to exercise their right to free movement within the terms
of European law have a legitimate reason to be in Scotland
and will always be welcomed, not only for their
contribution to our economy but also the vibrancy and
diversity they bring to our nation.
EU Funding
Access to EU funding programmes has also made a real
difference to Scotlands economy. Between 2007 and
2013, European Structural Funds supported 30,000 new

jobs and improved skills for 135,000 people.

I am also pleased to see Scottish farmers benefit from EU
funding. 3.5 billion Euros have been awarded to Scottish
farmers under the Common Agricultural Policy for the
period between 2014 and 2020 which will contribute to
keeping farming in remote and rural areas in Scotland
sustainable. I know that Irish farming benefits in the same
way with the European Movement Ireland/Red C poll
showing that support for Ireland remaining IN the EU rises
to 95% for your farmers.
Our academic institutions also benefit from EU funding.
Scottish universities won over half a billion Euros in
competitive funding between 2007 and 2013 - supporting
innovation and skilled jobs in Scotland.
Accessing EU competitive funding programmes has also
allowed Scotland to develop partnerships with other
Member States and by doing that promote the exchange
of skills, expertise and knowledge. The importance of EU
membership to promoting knowledge exchange in addition
to the exchange of goods and services cannot be
undervalued.
The EU Referendum
As I hope I have already demonstrated, the Scottish
Government is committed to making the positive case for
EU membership between now and the proposed
referendum on the UKs membership of the EU.
It is important to draw a very clear distinction between the
referendum and the UK Governments renegotiation
agenda as they are not interdependent. The words on the
ballot will not be about renegotiation but will simply ask
the voters: Should the United Kingdom remain a member
of the European Union or leave the European Union? That
is why I have continued to argue that we cannot afford a
situation whereby voters judge the EU question through
the narrow prism of any renegotiated settlement. That
simply ignores the many benefits that membership brings
to the people of Scotland and the UK right now.
The Referendum Bill has not yet passed through the
Westminster Parliament and there are several issues that
the Scottish Government has raised with the current form
of the Bill.
Double-majority

Recent YOUGOV polls suggest that in the UK as a whole,

38% of people would vote to remain in the EU, 41% to
leave and 21% were undecided. In Scotland 53% would
vote to remain, 27% to leave and 20% were undecided.
Scotland has been consistently more pro-European in
successive polls. David Cameron described the UK as
family of nations and that is why we have continued to
argue that, in order for
all four members of that family to be removed from the
EU, the Bill should require a majority vote to leave in all
four. As the Referendum Bill makes no such provision,
there is a real risk of Scotland being removed from the EU
against the will of our population. That is why the Scottish
Government will be making a strong, positive case for the
EU and we will be looking to take this message beyond
Scotland which, of course, is why I am here today.
Voting franchise
It is also a matter of great concern to the Scottish
Government that the majority of EU citizens living in the
UK will not have a vote in a decision that directly affects
them and could threaten their rights to live, work and
study in Scotland and the wider-UK. I am, nonetheless,
pleased that Irish citizens living in the UK will have a vote
and this is, particularly, reassuring to the population of
Scotland when the European Movement Ireland/Red C Poll
shows that 86% of Irish citizens want Ireland to remain in
the EU. I suspect that that figure will be even higher for
those that have exercised their right of free movement to
live in the UK.
It is also extremely disappointing that all 16 and 17 year
olds have been excluded from the franchise in the current
draft of the Referendum Bill. As a government, we
continue to make the argument for this citing the example
of the referendum on Scottish independence in which 16
and 17 year olds showed, beyond doubt that they were
able to participate in important, political debate as mature
and conscientious citizens. They deserve to have their say,
as this issue will not come around every five years, and
will have a profound impact on their futures. There is
speculation that the House of Lords may amend the Bill to
entitle 16 and 17 year olds to vote and should the
Commons be unable to defeat the amendment then this

may also affect the timing of the referendum.

EU Reform
And so to the case for EU reform. While I have spoken of
the value of Scotland being in the EU, Scottish
Government Ministers and I also spend a large amount of
time trying to influence and improve the way that the EU
functions to make it work better for the people of
Scotland and all EU citizens. Last year we published our
priorities and agenda for EU reform and a consultation
response on the Europe 2020 Strategy
while every year we also publish and submit a copy of our
own National Reform Programme to the European
Commission. All of these documents are available on the
Scottish Government website.
I believe, fundamentally, that the future of the EU lies in
making it more relevant to and work better for, the people
of Europe. It is clear that there is a growing disconnect
between the EU and its citizens and this was exemplified
by the low voter turnout in the elections for the European
Parliament in May 2014 and the increasing share of votes
secured across Europe by populist parties on the extreme
left and right wings.
This was in marked contrast to the level of engagement in
Scotland during the referendum on Scottish independence
where the voting population saw a clear opportunity to
influence their own futures. It culminated in an 85% voter
turnout as our people engaged with politics on a level
never previously seen.
As a collective, we should not allow extreme parties to
dominate the European agenda because of the inability of
the institutions or mainstream political parties to connect.
And collectively we should not allow our fundamental
rights and freedoms to be eroded. The Scottish
Government is, therefore, determined to work with the EU
institutions and our European partners to influence EU
reform with the aim to make the EU better connected with,
and more relevant to, our people.
It is already clear from the Agenda of the European
Council and the recently published Commission Work
Programme that the EU institutions are taking reform
seriously and we will continue to work with the
Commission in implementing reform through the Europe

2020 Strategy and the Regulatory Fitness Programme.

Id like to pick up on four examples of reform in the
remainder of this speech: delivering economic growth;
better regulation; climate change and energy security and
the free movement of persons before addressing the UK
Governments renegotiation agenda.
Delivering economic growth and increasing
competitiveness
First of all, the Scottish Government believes that the EU
should be the focal point for delivering economic growth
and increasing competitiveness across the entire territory
of the Union. To that end, we have advocated the
reinvigoration of the European Commissions 2020
Strategy and a renewed emphasis on the Commission
delivering smart, sustainable and inclusive growth.
Economic growth should not, however, be viewed as an
end in itself but as a means of delivering a better, more
prosperous and fairer society. The Europe 2020 Strategy
must, therefore, strike the right balance of growth, which
reduces inequalities, allows all EU citizens to realise their
potential, and reduces disparities across, and within,
Member States. Inclusive growth has to be the way
forward.
The Scottish Government believes that in order to be
delivering for its citizens, the EU must not only look inward
but outward. The UKs competitiveness agenda also has a
strong emphasis on taking forward trade deals.
Collective action by the EU on the global stage,
particularly in relation to trade is vital to augment the
pursuit of smart, sustainable and inclusive growth. But we
believe that the potential economic benefits of the EU-US
Transatlantic Trade and Investment Partnership (TTIP) in
this respect must be accompanied by action by the
Commission and Member States to address concerns
about issues such as the impact of TTIP on the NHS and
Investor State Dispute Settlement mechanisms; and that
there must be transparency in the negotiations process.
Better regulation
Secondly, a reinvigorated economic strategy should be
accompanied by progressive regulatory reform to facilitate
a supportive business environment. And by this, I am not,

necessarily, talking about less regulation for its own sake.

The Scottish Government recognises that EU regulation
has been, and will continue to be, absolutely essential in
order to achieve the objectives of the EU Treaties,
including the establishment and maintenance of the single
market as well as the social objectives to which I have
already referred. Nonetheless, we recognise that the
volume and complexity of EU regulation affecting
businesses in Scotland may
sometimes impose inappropriate and avoidable
administrative and financial burdens on them (particularly
SMEs).
We consider that regulatory reform can be effected
through further action under the European Commissions
Regulatory Fitness and Performance programme. The
Scottish Government will continue to actively encourage
regulatory reform with a view to making better regulation
at the EU level which has, at its heart, the concurrent
purposes of protecting citizens and the environment,
creating jobs and increasing growth. Regulatory reform
should also, where appropriate, allow maximum flexibility
for the Member States and accord with the principles of
subsidiarity and proportionality the key to returning
power to national and regional parliaments and local
authorities.
Climate Change and Energy
Thirdly, the Scottish Government sees a clear need for
certain developing energy technologies to be addressed at
a European level in order to tackle climate change and
ensure sustainable growth. These technologies include
offshore wind, marine energy and energy storage.
The Scottish Government will be part of the UK delegation
at the crucial climate change negotiations in Paris next
month where we will continue to push for a legally binding
international agreement to limit global warming to less
than 2 degrees Celsius and in so doing enhance the
prospects for the EUs low carbon economy with the
associated benefits this could bring in terms of creating
jobs and growth. Nearly 50% of Scotlands electricity
consumption in 2014 came from renewable sources.
Further collective action at EU level is also vital for the

development of offshore interconnections between

Member States. Future renewable development requires
an increase in grid access and capacity as well as
interconnection to provide a route to market. The Scottish
Government sees integrated energy markets and
interlinked regional network infrastructure as essential
foundations to realise Europes decarbonisation goals,
ensure security of supply and to allow consumers to
benefit from increased competition in the form of lower
energy prices.
Scotland is uniquely well placed to generate renewable
energy both onshore and offshore renewables but its
transfer capacity to EU markets is restricted by onshore
grid constraints, high locational transmission costs and
limited offshore interconnection.
Freedom of movement of persons
Last, but by no means least, we consider that the freedom
of movement of persons enabled by the EU Treaties
remains pivotal to the continuation of the single market
and the success of the European Union.
If the EU is not to face a lost generation then it is vital that
all of the Unions citizens are economically mobile and are
able to move freely in the entire territory of the Union in
pursuit of employment. Scotlands economy has
benefitted enormously from migrant workers and we must
be able to attract talented individuals to support the
growth of our economy; and Scotland as well as the Irish
are ourselves a migrant people populating US, Canada and
Australia to name but a few.
Migrant workers make a big sacrifice when moving to
another Member State and we think that all EU migrant
workers should be entitled to be treated in the same
fashion as home State workers including entitlement to
social assistance and benefits. A recent University College
London study shows migrant workers have made a net
contribution to UK public finances of over 30 billion Euros
between 2000 and 2011. How would that gap in public
finances be bridged if free movement of workers were to
be removed?
The free movement of persons does, however, have the
potential to impact significantly on particular sectors and
communities and can lead to significant brain drain from

some of the poorer regions. The EU Treaties enable the EU

to take action in these circumstances and the European
Commission must show that it is able to take action in
order to dispel the propagation of fear of migration
spreading around Europe. Ensuring the benefits of
economic growth are spread more evenly across Europe
would also assist here.
The EU also needs a collective and coherent policy on
external migration which will address the current refugee
crisis. Scotland will welcome a third of Syrian refugees
arriving in the UK before Christmas. The EU must also take
steps to tackle the problem at source to avoid people
embarking on dangerous journeys that have seen so many
men women and children die needlessly. But the bottom
line is that we have a moral obligation to help those who
have already arrived in Europe. Over 700,000 migrants
crossed into Europe in the first nine months of this year
alone and we continue to press the UK to opt into the EU
wide scheme to relocate 160,000 refugees already in the
EU. We stand ready to take our fair share if the UK
Government signs up to EU relocation and I must
congratulate the Irish Government for already doing so.
The EU is facing its sternest test yet in finding a common
approach to handling the current refugee crisis. Hundreds
of thousands of desperate people are fleeing to Europes
shores to escape persecution, hunger and war. The
Scottish Highland Clearances and indeed the Famine still
hang in our collective consciousness and memory and
must direct our moral compass. Finding a way through this
will not be easy. If we fail to talk to one another and
countries act unilaterally then we are facing a
humanitarian disaster as winter approaches. But I think
the Member States acting together can make a significant
contribution to improving the situation and, indeed, I think
we are seeing some evidence of progress. However
imperfect some may judge the EUs response so far to be,
without EU-led co-ordination, a continent-wide response
any action would not be remotely conceivable.
The UK Governments Renegotiation Agenda
Turning lastly to the UK Governments renegotiation
agenda - we still dont know exactly what David Cameron

wants though believe he should be wary of promising

reforms that require Treaty Change that he cant deliver.
We will work with the UK Government when we are clear
as to the full extent of its proposals and agree with their
merits. That is not yet the case and there is still a great
deal of uncertainty and ambiguity.
On sovereignty, we would support a greater role for
national and sub-national parliaments in accordance with
the principles of subsidiarity and proportionality. We note
the UK Governments concerns about ever closer union.
As Irelands Ambassador to the UK in London, Daniel
Mulhall, noted in his evidence to the House
of Lords EU Committee last month it has already been
acknowledged by the European Council that the concept
of ever closer union allows for different paths of
integration for different countries, allowing those that
want to deepen integration to move ahead, while
respecting the wish of those who do not want to deepen
any further.
On fairness and ensuring that the interests of those inside
and outside of the Eurozone are fairly balanced. This will
ultimately require some form of Treaty change in the
future but it should not be rushed ahead and taken at a
time when we are clear as to what deeper political and
fiscal integration will mean for the Eurozone countries.
Mutual acknowledgement and respect for the different
needs of the 19 Eurozone countries and 9 non-Eurozone
countries should not be a threat to the EU.
Competitiveness is the third strand of Mr Camerons
package of reforms and youve already seen that we agree
with much of this since is an important part of our
ambitions for EU reform. I would stress that while we
favour better regulation we do not want to see widespread
deregulation or the removal of social protections.
As for restrictions on the freedom of movement of
persons, I think I have already made myself clear. EU
migration is critical to the development of Scotlands
economy, its social fabric and its culture. The principle of
freedom of movement is a founding principle of the EU
and cannot be torn up. The Scottish Government does not
support measures to restrict benefits purely on the basis
of nationality, particularly where people are working and

contributing to the benefits system.

We shouldnt forget the other side to this coin and the
thousands of British people living around the EU who have
access to those countries benefits system.
My ultimate hope for the reform process is that it will bring
all the Member States together to act, not out of national
interest, but in the collective interest with the aim of
bringing governments and peoples together not
reinstating old divisions. Solidarity, social protection and
mutual support should be the bedrock of the modern
Europe.
I look forward very much to hearing Irish views on this
important topic both today and beyond today and will be
keen to work with you in the months and the years ahead
as we are seeking to do with the Dutch Government and
the implementation of their subsidiarity review.
Conclusion
Ladies and Gentlemen, in closing I want to reiterate that
the Scottish Government believes that the UKs continued
membership of the EU is in the best interests of Scotland,
the rest of the UK, Ireland and the rest of the EU and thats
why we will continue to make the positive, constructive
case for remaining in the EU.
l want Scotland to be part of a European Union in which
the Member States and the EU institutions work together
to put the interests of Europes citizens at the heart of
their policies and moves with the times a European
Union which embraces solidarity and its social
responsibilities; and mutually supports its peoples,
enterprises and governments.
Thanks to the dreams of visionary leaders like Jean Monnet
and Robert Schumann, which inspired the creation of the
European Union, citizens of the EU live in a time of peace
and stability which we so often take for granted. As one of
Europes finest poets, WB Yeats, reminds us: In dreams
begins responsibility.
Thank you.
SCOTLANDS FUTURE IN THE EU- A RENEWED VISION OF
SOLIDARITY, SOCIAL PROTECTION AND MUTUAL SUPPORT
https://gallery.mailchimp.com/216c20dd3756851dc257802c1/files/S
cotland_s_Future_in_the_EU_Cabinet_Secretary_Fiona_Hyslop.pdf

Speech by the Tnaiste and Labour Party Leader Joan Burton T.D. At
EMIs National Conversation about the UKs EU Reform Agenda &
Referendum 9th November 2015
https://gallery.mailchimp.com/216c20dd3756851dc257802c1/files/1
5_11_5_Ta_naiste_s_speaking_note_for_EMI_event_9_November_201
5.pdf

Taoiseach defends Citizens'

Convention on abortion in
the Dil
The convention is due to hold its first public meeting in three
weeks
NEWS

Share to LinkedIn

Taoiseach Enda Kenny has defended the citizens'

convention on abortion, describing it as "not a black and
white issue".
The Fine Gael leader was responding to criticism this
afternoon from pro-choice TDs, on the first day of the new Dil
term.
Ruth Coppinger, Paul Murphy, Richard Boyd-Barrett, Gino
Kenny, Mick Barry and Brd Smith all wore jumpers bearing
the 'Repeal' slogan during leaders questions.
The convention is due to hold its first public meeting on the
subject of repealing the eighth amendment on October 15th.
Deputy Coppinger told Mr Kenny that protesters who
demonstrated on Saturday want the clause removed, not
simply amended again.
"In what could be one of his final acts as Taoiseach, I ask him
to break a pattern of more than four decades of him being on
the more backward, conservative side of all these vital
decisions in the Dil," she said.
The AAA-PBP TD accused him of ignoring polls showing a
majority of voters want a referendum on the issue.

View image on Twitter

Follow

Praic Gallagher

The and People Before Profit wear jumpers in as raises

issue with
X

2:33 PM - 27 Sep 2016

2 2 Retweets2 2 likes

But Mr Kenny insisted it was important to continue sounding

out the issue, saying the Oireachtas had endorsed the setting
up of the assembly.
"The T-shirts may be black and have white writing on them but
this is about people and people have different views, he said.
"Some 20,000 or 30,000 may have marched at the weekend
but we have the citizens' assembly to allow people to have
their say."
The Taoiseach added: "I admire the courage of the 99 who
have stepped forward to participate in the discussion.
"It is not an easy thing for many of them to do, given the
nature of the divisive response that can come from
participating in something like this

Historic moment TD wearing 'Repeal' sweatshirt urges Taoiseach to

deliver constitutional change
http://indo.ie/exN3304C9Cp
http://www.newstalk.com/Six-TDs-wear-Repeal-jumpers-as-EndaKenny-defends-abortion-convention

Evil Minister Zappoon for

Children wants referendum
on 8th Amendment "as soon

as possible"
Minister Zappone took part in the March For Choice today
NEWS

The Minister for Children and Youth Affairs says she

wants to see a referendum on a repeal of the 8th
Amendment happen 'as swiftly as possible'.
Minister Zappone, who took part in today's March for Choice,
is confident that the Government is able to deal with the issue
of abortion.
Protestors marched from O'Connell Street to Leinster House
calling for referendum on the 8th Amendment - which gives
equal right to life to a fetus as to a pregnant woman - to take
place.
A citizens' assembly will hold its first meeting - to consider the
question of abortion - on Saturday the 15th of October.
Minister Zappone, says she wants to see a referendum to
repeal of the 8th Amendment:
"It is happening now. I think it's really important, too. My own
hope hope and commitment is that we will move as swiftly as
possible in order to get people to vote, in order to we will lay

the groundwork for a successful win."

Journalist and disability rights campaigner Louise Bruton
addressed crowds at today's demonstration:

http://www.newstalk.com/Minister-for-Children-wants-referendumon-8th-Amendment-as-soon-as-possible
THURSDAY, MAY 26, 2016

RTE isn't an abortion lobby group and it's time for

its presenters to accept that fact...by Cora Sherlock

For the second time in 6 months, the Broadcasting Authority of Ireland

(BAI) has upheld a complaint against the Ray DArcy Show on RTE
Radio 1 for their treatment of the abortion issue.
As they criticised the biased and one-sided nature of the interview, the
BAI said that it was set out so as to encourage support for the Amnesty
International campaign on making abortion more widely available in
Ireland.
The reaction has in Ireland has been swift. Pro-life supporters were
quick to comment on the Pro Life Campaign facebook page and contact
the office to say how happy they were that the BAI was doing its job
highlighting items of extreme bias where public funds were being used
by RTE to promote one side of a very complex and sensitive debate.
Predictably though, there was a lot of anger from prochoice activists
who could not accept that RTE has breached the Code despite the fact
that this is not the first time (a complaint was upheld against the Ray
DArcy Show for an interview with Colm OGorman of Amnesty Ireland

when the Amnesty research was being launched).

Despite the tone of some of these comments, there is no mystery or
conspiracy here. RTE is a publicly funded entity. Everyone pays for it
through the licence fee. It doesnt have the freedom that private
organisations do and whether some prochoice activists like it or not, it is
bound by the BAI Code of Fairness, Objectivity and Impartiality in News
and Current Affairs. Section 4.22 of that Code places an obligation on
broadcasters to ensure that the audience has access to a wide variety of
views on the subject of the programme or item. And now, for the
second time, the BAI has found that the Ray DArcy Show has failed to
meet what most people would feel is a reasonable standard for a station
that relies on public funding.
On the first occasion, the complaint concerned an interview with Colm
OGorman. When upholding that complaint, the BAI went so far as to
say that the presenter Ray DArcy endorsed the views of this
interviewee and was articulating a partisan position. They also
found that the anecdotes and human interest aspects discussed on the
show were highlighted with a view to supporting the objectives of
Amnesty International, which is to bring about a change in the Irish
Constitution. If this concerned any other group or topic, there would
be huge outcry about RTE taking a position so obviously. But many
abortion advocates were shocked at this earlier decision, just as they are
at the latest one. Seeking some other explanation, they are unable to
accept that RTE could have adopted a partisan position, or that the BAI
should uphold a complaint when this happens.
It never seems to occur to those picking holes in this decision that entire
groups of people in Ireland are completely side-lined by RTE's biased
approach. Families who were pressured to have abortions when told
their babies wouldn't survive for very long or not at all, women whose
lives were drastically affected by abortion regret, people who have direct
experience of the positive effects of the 8th Amendment - these are all
ignored by programmes that adopt a pro-abortion mindset. These
people are obliged by Irish law to pay the licence fee to RTE - aren't they
entitled to feel that their experiences will be reflected on-air?
This ongoing bias is a very serious matter. It clearly wasnt dealt with or
even properly addressed by RTE back in January when the complaint
against the interview with Colm OGorman was upheld. Here we are,
nearly 6 months on and another complaint has been upheld by the BAI.
This has to stop. RTE is not an abortion lobby group and it cannot allow
its presenters to act as if the repeal of the 8th Amendment is within its
remit.
These two decisions are book-ending a period of 6 months when the

topic of media bias has been coming up again and again from pro-life
supporters around the country. The cat is out of the bag. People are
talking about media bias and that won't stop until both sides of the
abortion debate are being fairly dealt with on the airwaves.
No-one is asking for a bias in favour of the pro-life position. That
doesn't help anyone either. What we need is a national broadcaster that
is responsible enough to recognise abortion for the complex and
sensitive issue that it is and to work to represent all view points fairly.
It's not difficult if the will is there. The time has well and truly come for
RTE to address this serious issue before its credibility as an impartial
and fair-minded broadcaster is gone for good.
http://prolifecampaignireland.blogspot.ie/2016/05/rte-isnt-abortionlobby-group-and-its.html

05.05.16: PLC SAYS CITIZENS

ASSEMBLY IS NOT ABOUT A FAIR
EXPLORATION OF ABORTION
ISSUE
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The Pro Life Campaign has said that the proposed Citizens

Assembly on the Eighth Amendment was never about taking a

balanced look at the abortion issue or exploring everything that is
positive about this life-saving provision.
Commenting on todays news that a Citizens Assembly will be
included as part of the new programme for government, Cora
Sherlock of the Pro Life Campaign said: Since first mooted by
Fine Gael, the Citizens Assembly proposal has always been about
paving the way for removing the only remaining legal protection for
the unborn child. For supporters of the Assembly to suggest
otherwise is to mislead the public.
Usually referendums add protections to human rights. In this
case, any proposed referendum would be about undermining the
most fundamental right of all, namely the right to life.
She continued: The Pro Life Campaign will work tirelessly to
ensure that the public are not deceived about what this flawed
process is really about. Fine Gael has no mandate for setting up
the Citizens Assembly in this manner. In the recent general
election when the issue of abortion came up on the doorsteps, it
was overwhelmingly pro-life supporters who raised it. Those same
supporters will stand up for the Eighth Amendment and do all that
is necessary to retain it so that mothers and unborn babies are
fully protected in law.
http://prolifecampaign.ie/main/portfolio/detail/05-05-16-plc-sayscitizens-assembly-not-fair-exploration-abortion-issue/

Why Ireland became the

only country in the
democratic world to have a
constitutional ban on

abortion
Opinion: Sectarian, paranoid, apocalyptic ideology gave
us the eighth amendment
Tue, Aug 26, 2014, 12:01

Fintan O'Toole

Counting votes for the Dublin area in the abortion referendum in 2002.
Photograph: Frank Miller

The most successful single issue movement in the

history of the State, the Pro-Life Amendment
Campaign (PLAC), was established in January 1981 by
13 organisations: the Congress of Catholic Secondary
School Parents Associations; the Irish Catholic
Doctors Guild; the Guild of Catholic Nurses; the Guild
of Catholic Pharmacists; the Catholic Young Mens
Society; the St Thomas More Society; the Irish Pro-Life
Movement; the National Association of the Ovulation
Method (natural contraception endorsed by the
Catholic church); the Council of Social Concern
(COSC); the Irish Responsible Society; the Society for

the Protection of Unborn Children; the St Josephs

Young Priests Society (young Catholic priests, that is);
and the Christian Brothers Schools Parents
Federation. The initial meeting was chaired by the
head of a 14th organisation that was immensely
influential on the campaign behind the scenes, the
secretive, all-male brotherhood the Order of the
Knights of Columbanus.
These are the bodies that made Ireland unique in the
democratic world in having a ban on abortion in its
constitution. In spite of a great deal of revisionism,
their sectarian character is obvious: 10 of these bodies
were explicitly and exclusively Catholic. The other four
were almost entirely made up of conservative Catholic
activists. (By contrast, all Irish Protestant churches
opposed the amendment.) For all of these groups,
abortion was just one front in a wider religious war.

Amendment
The meeting that established PLAC was called by John
OReilly, described in Tom Heskeths fine history of the
amendment (written from a pro-amendment point of
view), The Second Partitioning of Ireland, as perhaps
the main instigator of PLAC. He was vice-chairman of
COSC and secretary and co-founder of the Irish
Responsible Society.
He seems to have been the person who first conceived
the idea of an anti-abortion constitutional amendment,
as far back as 1974. OReilly generally kept a low profile
but he broke the surface in an extraordinary court case.
ADVERTISEMENT

Rebirth of a tradition: milk delivered right to

your doorstep
In 1973, he got his daughters, aged 10 and nine, to
write to the Irish Family Planning Association in
Dublin, posing as adults, enclosing money and asking
for condoms and spermicide. He then succeeded in
having criminal charges brought against the IFPA.
John OReilly explicitly regarded a successful antiabortion amendment as a prelude to action against
contraception and illegitimacy: The campaign for a
pro-life amendment would enjoy widespread support
now and the success of the campaign would serve to
halt the permissive tide in other areas.
For OReilly pro-life was the opposite of anti-life, a
term which incorporated the availability of
contraception and (weirdly) the rising number of
babies born out of wedlock.
But COSCs agenda was wide: its first attack was on the
formation of a multidenominational primary school in
Dalkey in 1976. Its member organisations, such as the
League of Decency, cut their teeth in campaigns
against dirty TV shows, family planning clinics and
the Dublin Rape Crisis Centre.
The Irish Responsible Society, of which five key PLAC
leaders were members, was the Irish branch of the
group led by the English right-wing Catholic activist
Valerie Riches (now a papal dame). For Riches, the
degeneration of society through sexual permissiveness

was a conspiracy driven by International Planned

Parenthood.
She and her Irish followers were especially obsessed
with the dangers of sex education, especially that which
emphasises that homosexual activity is normal and
natural.
The morning-after pill was also, in their eyes, a special
horror because it changed the definition of the
moment when human life starts from fertilisation to
implantation. All of this conjured an apocalyptic
vision: the issue at stake concerns the very fabric of
society, the very future of the human race.

Headquarters

Riches warned a meeting at the Knights of Columbanus

headquarters in Dublin in 1980 of an ascending scale
of moral depravity from contraception to abortion to
homosexuality.
The first action of her Irish followers was to campaign
against a small State grant to the Dublin Rape Crisis
Centre. Its next campaign was against the removal of
the stigma of illegitimacy from children born out of
wedlock.
This is the ideology sectarian, paranoid, apocalyptic
that gave us the eighth amendment. It was utterly
dismissive of any qualifications to its absolutist views
and saw all sob stories as liberal conspiracies.
Bernadette Bonar, a leading PLAC and Responsible
Society figure, warned of pro-abortion conspirators
turning up at a TDs clinics: seemingly respectable
little women giving him sob stories about 12-year-olds
being raped.
Loretto Browne, also a prominent PLAC and
Responsible Society leader, told me in 1982 that rape

very seldom results in pregnancy because men that go

in for rape are usually not fertile, they tend to be
impotent.
She pointed, moreover, to the rising numbers of
alleged homosexuals in Ireland as further evidence of
conspiracy: By natural law we couldnt have that many
misfits ... there couldnt be that many physically
deformed people in society.
These were the people who created the Irish abortion
regime. Most of them are long gone from the public
stage COSC and the Irish Responsible Society no
longer exist. Their world view is marginal. But their
legacy abides for women not born when it was in its
pomp.
http://www.irishtimes.com/news/politics/why-ireland-became-theonly-country-in-the-democratic-world-to-have-a-constitutional-banon-abortion-1.1907610

Fintan Drury: Ireland has

failed Europes refugees

once again
The failure of the majority of our politicians to engage
meaningfully in Europes humanitarian crisis of today
cannot be excused
about 15 hours ago

Fintan Drury

Syrian men carrying babies make their way through the rubble of destroyed
buildings following a reported air strike on the rebel-held Salihin
neighbourhood of the northern city of Aleppo. Photograph: Ameer
Alhalbi/AFP/Getty Images

Those who govern this small Republic are failing us.

Worse, the majority of those whom we elected to the
Opposition in order to keep government honest are
failing us too. The Christian churches, which have lost
whatever moral high ground they had been granted by
previous generations, have not been sufficiently vocal
as the great humanitarian crisis that envelops Europe
now has unfolded.
Most worryingly, because there are no longer daily
reports of migrants drowning in the Med or the
Aegean, as a people we have, in large measure, failed to
appreciate that the issue is no less critical for the
millions fleeing conflict. We have, seemingly, lost our
voice, our anger, our capacity to demand of politicians

that they introduce a moral compass to their work on

our behalf.
We have a President who, as his two most immediate
predecessors had done on other issues of conscience,
has stretched the confines of the political straitjacket
conferred by residency of the ras and spoken out
about the migrant people and Europes responsibilities.
We have a former European commissioner who has, of
recent years, turned his motivational, diplomatic and
oratorical skills to those same obligations and we have
three elected representatives of Dil ireann all of
the left who have visited camps and met migrants
better to inform themselves of the situation. Three!
Numbers have some relevance. There are millions of
refugees in Europe, an estimated 70,000 of whom are
unaccompanied minors. Imagine almost filling Croke
Park next Saturday with just those kids under 16 who
are alone in camps in places like Germany, Lebanon,
Italy, Greece and Turkey. Imagine children under 16
whom you know perhaps your own spending
months lost and alone in makeshift camps. Then think
about Ireland.
2
2
2

Hungary to help Christians while rejecting Muslim

migrants
Migrant Crisis: Death toll in Egyptian boat disaster
rises to 194
Franois Hollande promises to demolish the Jungle

We pledged to accept 4,000 refugees with particular

emphasis on families and unaccompanied minors. The
quantum was and is modest but, arguably, sensible
given the work outstanding on direct provision. The
focus on stray minors was laudable. To date, a year
since the pledge was made, the official figure is that
just over 300 of the 4,000 have been received, one of
whom is an unaccompanied minor. One!
ADVERTISEMENT

The recent UN meeting on migrants in New York was

the backdrop for the Tnaiste and the Minister for
Foreign Affairs to contextualise Irelands shameful
performance. Extraordinarily, despite the clear attempt
to manipulate the facts in order to deflect blame, the
Opposition vocal on about every other matter of even
the slightest consequence uttered not a word of
complaint. There was no row on radio or television, no
angry political exchanges, nor was there widespread
media analysis of what the Governments failure said
about us as a people.
My late mother, the daughter of a 1930s government
minister, often bemoaned what she believed to have
been an almost see no evil, hear no evil attitude taken
by official Ireland during the second World War.
Throughout her life she carried a sense of regret, if not
shame, that people had not appreciated the extent of
the horror being inflicted on their fellow humans
across Europe in the late 1930s and early 1940s.
Our worlds a vastly different place. The failure of the
majority of our politicians to engage meaningfully in
Europes humanitarian crisis of today cannot be
excused. Social media and its more traditional if
uncomfortable bedfellow including some newspapers
like this one bring us right to the heart of its reality,
yet our political leaders rarely become energised by
it. There is no doubting its complexity.
There is no doubting our domestic challenges. There is
no doubting that, for all the publics outpouring of
concern when the media is full of graphic images of
war or refugees, human nature can quickly relegate the
issue to not pressing. The politicians excuse is that
they feel that pulse and behave accordingly.
This analysis may be simplistic, but if it is even in part
correct, then it betrays a fault line across the body of
people we have chosen to represent us in the

Oireachtas. The citizens of any democracy depend on

whom they elect to be capable of giving them
leadership. Within the political class of 2016, the
disinterest in an issue which is of such scale, such
importance and such immediate and long-term
relevance is staggering. It is proof of an almost
complete dearth of political leadership.
It is not just about those who have managed to escape
war, most particularly in Syria; the political leadership
we are entitled to expect should, too, be addressing the
plight of those who remain in deep peril. In the past
week, a relentless bombing of Aleppo by Russian
military, using flame-throwing weapons that experts
described as one step short of nuclear in their
capacity to destroy, has received no political comment
here.
This was within days of an attack on an aid convoy
which the evidence suggests had been carried out by
the Russian air force. A number of nations, including
the usual suspects, have meddled in this conflict, but
these actions by Russia should have drawn comment.
What did the Minister of Foreign Affairs do or say and
how did the Opposition spokespersons react to the
governments disinterest?
The increasingly loud beat of the right-wing drum in
Europe Sarkozy, Orban, May and the travails of
those who have fought against it Merkel, Hollande
may not presage a threat to the largely benign period of
democracy the continent has enjoyed, but we are
destined for a period of great uncertainty. We may be
small and we may be on the fringes but there is a
migrant strain to our DNA that demands we find our
courage and our voice. Those less fortunate might
expect that we would. Should we fail to do so, future
generations will wonder why.

Fintan Drury is chief executive of Platinum One, a

sports management business. He is a former RT
journalist and public relations adviser
http://www.irishtimes.com/opinion/fintan-drury-ireland-has-failedeurope-s-refugees-once-again-1.2805983
Reform and Referendum The UK, Ireland and the future of Europe
Noelle O Connell European Movement Ireland Executive Director
Speaking Note
https://gallery.mailchimp.com/216c20dd3756851dc257802c1/files/N
oelle_O_Connell_EM_Ireland_Exec_Director_9_Nov_2015_01.pdf
UK REFERENDUM HOW TO INFLUENCE; HOW TO WIN IAN JAMES
PARSLEY CHAIR, EM NI
https://gallery.mailchimp.com/216c20dd3756851dc257802c1/files/Ia
n_Parsley_The_UK_Referendum_How_to_Influence_How_to_Win_.pdf

Students4Europe: Yes 2 Europe is Great

4 Britain
Oct 5, 2015
The #Students4Europe campaign visited Freshers' Fair events
across the country. We spoke to normal students who care
passionately about the future of the country. This is what they
said...
https://www.youtube.com/watch?v=J-5U8GXpcZM&app=desktop
AN IRISH INTERNS GUIDE TO living and working in BRUSSELS
http://www.europeanmovement.ie/wpcontent/uploads/2015/09/the_green_book_july_15.pdf

Labour Politicians Push New

Internet Legislation
Posted by Neil Markey
Date: April 16, 2015
in: Politics

Labour senator Lorraine Higgins has published a new bill which

she says will crack down on online threats and so called
cyberbullying.
The Harmful And Malicious Electronic Communications Bill
2015 states that if a person is found guilty of an offence, they
could face up to twelve months in jail or a fine of 5,000. The Bill
describes Harmful Electronic Communication in serious cases,
such as a person who incites or encourages another to commit
suicide or in vague terms like intentionally or recklessly causes
alarm. The vague language of the Bill has been criticised, with
commentators saying the Non Fatal Offences Against the Person
Act 1997 already covers these areas.

It is wrong that commentary online would be

held to a lesser or lower standard than the print

or broadcast media. It is equally wrong that it is

the victims of abuse and threats online who are
penalised in that their mental health may be
affected but there are no penalties or
deterrents for the instigators of the abuse. It is
incumbent on us as legislators to make online
platforms a safe and decent place for the people
who use them, but particularly for children and
vulnerable individuals. We need legislation of this
sort because it is important to convey that one
cannot be abused with impunity anywhere.
Lorraine Higgins
Ms Higgins was an unsuccessful candidate in local, general and
European elections, as well as a Seanad election, until she was
nominated by Taoiseach Enda Kenny in 2011. Her performance as
the Labour Party candidate in the MidlandsNorth-West
constituency for the 2014 European Parliament election brought
her to greater public attention, particularly her political feud with
Independent candidate Luke Ming Flanagan and her
appearances on televised debates.
Since the European Parliament election, Ms Higgins has claimed
to be the victim of online abuse and death threats, taking part in a
number of debates and discussions about social media, bullying
and law.
Today also saw former Minister for Communications Pat Rabbitte
introducing legislation to outlaw offensive and sinister content on
social media. Mr Rabbitte, who recently made a scathing attack on
RT about water charge news coverage, claimed that the Public
Electronic Communications Networks (Improper Use) Bill would
close a legal loophole and make it an offence to send messages

that are grossly offensive or menacing in character. He also said

the Bill would strengthen the capacity of the garda to deal with
reports of offences.
However, during a number of these discussions on policing social
media, garda have been accused of dragging their heels on cases
where there was already legislation in place. During a Prime Time
debate last November, Barrister Fergal Crehan said that the
problems facing people online could be solved if our current laws
were actually used.
Social media users seem sceptical of the proposed legislation as
Irish politicians have had quite a rocky relationship with the internet
in recent years.
Ms Higgins Labour colleague Sean Sherlock famously ignored the
campaign against his unpopular Copyright SI two years ago,
when more than 80,000 people voiced their opposition. He
continued to claim he tried to engage with people while he
mislabelled questions and criticisms as abuse and blocked
members of the public. In December, the Minister for Justice, Fine
Gaels Frances Fitzgerald, signed a foreign surveillance statutory
instrument into law the day after top secret documents were
released online showing that cables connected to Ireland were
targeted by British intelligence and security organisation GCHQ.
Senator Fidelma Healy Eames found fame for her baffling
comments regarding sites like Facebook, becoming something of a
celebrity for her criticism of social media. Last month Labours
Aodhn Rordin took part in a mean tweets segment for The
Journal, although the sample of trolling was quite weak.
A survey last year found that 82% of TDs said they had been
victims of abuse online, while 48% claimed they had been bullied
on the internet.
In 2012, politicians blamed the internet for Fine Gael minister
Shane McEntees death by suicide. His daughter, Helen McEntee,
dismissed those claims, saying I know there was a lot of stuff
came out after Dads funeral. Did Cyber-Bullying Kill Shane

McEntee was one headline. As far as Im concerned, it didnt. He

was eight years in politics and it was not in the last three months
that people started to attack politicians and have a go. Its always
been there.
http://www.krank.ie/category/n_ca/pol/labour-politicianspush-new-internet-legislation/

Fidelma Healy Eames Social Media

Mar 6, 2013

https://www.youtube.com/watch?v=ypBGI2_YXeo

THE IRISH PEOPLE UNELECTED THIS DICTATOR LB SHIP

HER OUT COMPLETELY TO ANOTHER ISLAND ON A
MIGRANT BOAT THE BITCH IS GETTING ON IRISH CITIZENS
NEVES AND TRYING TO REMOVE FREEDOM OF SPEECH
READ ALL ABOUT THE CHILDISH LB BITCH HERE
Ms Higgins has since lost her Seanad seat, however,
meaning the Harmful and Malicious Electronic
Communications Bill 2015 has yet to reach committee or
report stage.
She told Newstalk.com that she still hopes to find another
Oireachtas member to drive it past the remaining
hurdles."
http://www.newstalk.com/Vindicated-Lorraine-Higginswelcome
They want to push that horrific bill through the Oireachtas.
What horrific bill would that be? Well here it is. I suggest
you read it...
https://www.oireachtas.ie/
/bill/bills/2015/3715/b3715s.pdf
This bill has been stalled ever since Labour and Ms.
Higgins lost the election and now sits waiting like a time
bomb. When the bill was introduced by Ms. Higgins, it was
scrutinised by Dr Eoin ODell, Professor of Law at Trinity
College Dublin, who came to the conclusion that this bill
would be unconstitutional..

"Dr ODell echoed concerns from April about the vague

language used in the bills, saying they could possibly
make matters worse. Referring to a section of Senator
Higgins bill that would allow a court to make orders even
when no crime had been committed, Dr ODell described it
as utterly bizarre. He said that it would be likely that
both bills would be found to be unconstitutional if they
were enacted."
http://www.krank.ie//journalists-warned-dangeroussocial-/
This is no mere crackdown on online harassment.

It is a full on assault on your freedom of speech..

Lorraine Higgins has compared her past efforts to

introduce anti-cyberbullying legislation as "whistling in
the wind".
The former Labour senator today welcomed measures
recommended by the Law Reform Commission (LRC) to
tackle online harassment and stalking, among other online
activities.
A report published by the independent legal body suggests
amending existing laws to deal with threatening and
intimidating online messages.
It also calls for the criminalisation of stalking and so-called
revenge porn, or the posting of sexually explicit images
without consent.
Ms Higgins said many of the proposals mirror provisions in her
internet safety bill, which passed the second Seanad stage

last year.
The proposed legislation aimed to tackle online threats and
abuse but was criticised by some commentators for appearing
to encroach on free speech.
Under her plan, a person found guilty of sharing harmful online
content, including explicit images, would face up to 12 months
in prison and/or a fine not exceeding 5,000.
Ms Higgins has since lost her Seanad seat, however, meaning
the Harmful and Malicious Electronic Communications Bill
2015 has yet to reach committee or report stage.
https://www.oireachtas.ie/documents/bills28/bills/2015/3715/b
3715s.pdf
She told Newstalk.com that she still hopes to find another
Oireachtas member to drive it past the remaining hurdles.
But the Galway-based barrister acknowledged facing a
"serious wall of opposition" when she introduced the
legislation in the Seanad.
"I started this campaign in 2014, and I've been whistling in the
wind for most of the time," she said.
Ms Higgins, who was herself a victim of online bullying,
described arguments made by some critics of her bill as
"bunkum".
Referring to concerns over freedom of speech, she said:
"Thats a constitutional right.
"Any legislation that would be put forward would be deemed
unconstitutional if it contravened that section of the
constitution. Being a barrister, I was conscious of that.
"People also said there were adequate laws in place and Im
glad the LRC has pointed out that is not the case."
The Law Reform Commission has recommended
introducing new legislation to tackle the posting of
sexually explicit images without consent.
A report published by the independent legal body also calls for
the criminalisation of stalking and 'upskirting', the surreptitious
taking of photos up a skirt or dress.
Reforms are suggested for the existing offence of harassment,
to ensure it includes online activity such as posting fake social
media profiles.
The report also proposes amending the legislation dealing

with threatening and intimidating messages, in order to

recognise the most serious types of online intimidation.
The offences in question would carry, on summary conviction,
maximum penalties of a class A fine (currently not exceeding
5,000) and/or up to 12 months' imprisonment.
There would an unlimited fine and/or a sentence of up to
seven years following conviction on indictment.
It is proposed that courts should also have the power to issue
restraining orders restricting suspects from communicating
and approaching victims, even if there has not been a criminal
prosecution.
Such an order can only currently be issued if a prosecution
has been brought.
The Report on Harmful Communications and Digital Safety is
expected to inform future legislation in the area.
Its publication comes just days after Minister for Justice
Frances Fitzgerald signalled her support for measures to deal
with revenge porn.
Addressing a conference in Belfast on Friday, Ms Fitzgerald
said the issue should be addressed in the crafting of a
renewed nation women's strategy.
Take-down procedures
Another LRC recommendation is to establish a digital safety
commissioner modelled on comparable offices in Australia and
New Zealand.
The report says one of the functions of the role would involve
publishing a new statutory code of practice on digital safety,
which would set out standards on take-down procedures.
Under the proposed system, individuals would initially apply
directly to a social media site to have harmful material
removed in accordance with agreed timelines.
If a social media site did not comply with the standards, the
individual could then appeal to the digital safety commissioner,
who could direct a social media site to fulfill the request.
The digital safety commissioner would be able to apply for a
court order if the site refused to carry out the instruction.
The position's remit would include activity outside the state as
well as offences occurring in Ireland.
The report also suggests measures to ensure the privacy of
victims is protected in any prosecution for a harmful

communications offence.
It says no prosecution should be brought against children
under the age of 17, except with the consent of the director of
public prosecutions.
Orla O'Connor of the National Women's Council welcomed the
recommendations in an interview with Newstalk.
"It is really shifting the responsibility away from the victim," she
said.
"Women, and our members, say this is increasingly a feature
of abusive relationships. It is a form of abuse and control."
The proposed criminalisation of stalking is particularly
welcome, Ms O'Connor added.
Report Harmful Communications and Digital Safety (LRC 116-2016)
Law Reform Commission 2016
http://www.lawreform.ie/_fileupload/Final%20Report%20on
%20Harmful%20Communications%20and%20Digital%20Safety
%2021%20Sept%20PM.pdf

From 2015, discussion on the two new bills submitted by

Pat Rabbitte and Lorraine Higgins to deter "online abuse"...
"Mr Crehan continued Dr ODells points on existing laws
and spoke of his role in a number of debates on the
subject, which took place on RT television. He repeated
comments he made during these debates about
misconceptions people have of the internet as some sort
of lawless, digital Wild West and said that existing laws
could tackle issues if they were actually used. Mr Crehan
also said that it was just as dangerous to spread the belief
that there are no laws in place as it would be if the laws
did not exist."
Make sure you read that again...
"EXISTING LAWS COULD TACKLE ISSUES IF THEY WERE
ACTUALLY USED"
The law is already sufficient to deal with online abuse and
harassment. Don't let them convince you otherwise.

Rabbitte Makes Baffling Attack

On RT
Posted by Neil Markey
Date: March 25, 2015

in: Politics

Labour TD and former minister Pat Rabbitte has made a scathing

attack on RT, claiming the broadcaster is acting as recruiting
sergeant for far left and Sinn Fein over their coverage of the antiwater charge movement.
The politician questioned why the public service broadcaster had
not created numerous programmes about the water system and
pollution, claiming that an employee inside RT must be using
distorted information, half-truths and bits of emails and internal
papers to ground a bias.
In the press release Rabbitte also brushed aside the recent
revelation that there were no minutes for Irish Water meetings
attended by former environment minister Phil Hogan. No notes
were kept for more than half of the 23 meetings. Both Lucinda
Creighton and Gerry Adams have called for an inquiry, while
government politicians have tried to play down the scandal.

Pat Rabbitte "Isn't that what you tend to

do during an election?"
Dec 10, 2012
Pat Rabbitte concedes he lied to the public over pre-election
promises to win votes for the Labour Party

https://www.youtube.com/watch?v=yAS0c5AkiNg

Pat Rabbitte "You ought To Behave

Yourself" to Pylons Activist
Jan 15, 2014
Pat Rabbitte and tv3 do their best to gang up on Kieran Hartley
from Comeragh's Against Pylons.
This video is used for educational purposes and reviews and is
used under the fair use act.

https://www.youtube.com/watch?v=rbHs3p7Qdus

Joan Burton Pat Rabbitte Banking Inquiry

ul 24, 2015
Former Labour Party leader Pat Rabbitte and current leader
Joan Burton appear before the Irish banking inquiry to explain
the part they played in the collapse of the Irish bank system
which resulted in the Irish people taking on the odious

gambling debts of private banks and bondholders.

https://www.youtube.com/watch?v=w8UTfnkN2wI

During Irish Waters first six months, April to

September 2012, 23 meetings took place
between Bord Gis and the department, but only
10 were minuted. There were four meetings
between Mr Hogan and Bord Gis officials, two
of them with Ms Hynes.
Bord Gis said it was customary for such
meetings to take place without recording what
was discussed. A Department of Environment
spokesman said that as officials were not
present at the meetings the agendas or reports
of the meetings are not generally available and
therefore are a matter for those present.
The Irish Times
Rabbitte sarcastically called the story earth-shattering and a
press stopping revelation, going on to say that if RTE were to
broadcast similar exposs on every time a State company
Chairperson had an unminuted meeting with a Minister myself
included over the last thirty years, it would fill out the schedule
until the end of the year.

If I didnt know better, one might conclude that

the lopsided coverage of the water issue derives
from a decision of the RTE Board to strangle Irish
Water at birth. We can all carry a chip on our
shoulder for what happened our country and we

are all entitled to an opinion as to why it

happened and we can all be bitter about the
erosion of our living standards. But that does not
justify abandoning the usually high standards
practised by the public service broadcaster.
Pat Rabbitte
The extraordinary attack comes after months of criticism for RT
over coverage of the anti-water charge movement. Protesters feel
that the station has not been giving the issue balanced coverage,
while incidents such as Ryan Tubridys aggressive interview
with Anti-Austerity Alliance TD Paul Murphy only strengthened
perceptions of bias.
The Labour Party is trailing behind other political parties in opinion
polls. Despite a small rise in support for the party this month
coinciding with polls on the marriage equality campaign, RedC
polls show the party has failed to make it into double digits since
May 2014, languishing at 9%.
Update
Sinn Fin TD and Deputy Leader Mary Lou McDonald has said
that Pat Rabbittes comments about RT are bizarre and the
politician should retract his statement immediately.

Deputy Rabbittes comments tonight strike me

as deeply troubling coming from a former
Minister of Communications. To say that RT
have been biased in their coverage of a matter of
such enormous public interest smacks of
desperation from a government that is clearly
rattled by the huge turnout at the water protests

and now seeks to stifle media coverage.

This government has continually played down the
significance of public protest; this strategy has
not worked. This government wishes that the
protests would go away; this will not happen. To
call the national broadcaster a recruiting
sergeant for the far left and Sinn Fin is bizarre;
to claim that RT is using distorted facts and
half-truths is a direct challenge to the public
broadcaster and is deeply troubling.

Clare Daly Grills Minister For

Defence Over Hacking Team

Emails
Posted by Neil Markey
Date: October 08, 2015

Independent socialist TD Clare Daly today questioned Fine Gaels

Minister for Defence Simon Coveney about leaked emails between
Irish Defence Forces and notorious Italian surveillance company
Hacking Team.
Back in July, a massive cache of documents released online
showed the Irish Defence Forces in talks with the firm, dubbed
Corporate Enemies of the Internet and digital era mercenaries
by Reporters Without Borders, over a three year period. Following
an article about the leak appearing on Krank.ie, a spokesperson
for the Defence Forces stressed that they did not purchase any
services from the company but was unable to comment about the
leaked emails or the intent behind discussions.

Screenshots of an email client were uploaded to

social networks today, claiming to show Irish
officials engaging with Hacking Team from 2012

to May of 2015. Images purporting to be from

account manager Massimiliano Luppis inbox
feature messages stating Irish Defence Forces
were interested in acquiring software and or
services from the company.

Clare Daly Questions Minister For

Defence About Leaked Emails
Oct 8, 2015
Clare Daly questions Fine Gaels Minister for Defence Simon
Coveney about leaked emails between Irish Defence Forces
and notorious Italian surveillance company Hacking Team.
Read More:

https://www.youtube.com/watch?
v=qmqfJWb3H1o
Leaked Emails Claim: Defence Forces In
Talks With Hacking Team
Further emails revealed more declarations from Irish Defence
Forces that they were interested in products and hosted the group
in Ireland. A Garda Inspector was also listed by Hacking Team as a
contact after a conference in Prague in 2014.

3) A then Garda Inspector was

listed by HT as one of their
"Prague contacts" after the
June 2014 ISS conference there
Clare Daly speaking in the Dil today

Speaking in the Dil today, Clare Daly asked the Minister for
Defence why Defence Forces personnel were in contact with
Hacking Team, the extent of their contact and who authorised their
inquiries.
Minister Coveney responded with answers similar to those given by
the Defence Forces in July, stating that it is not appropriate, for
operational security reasons, to divulge the details of how these
capabilities are developed and maintained. I can confirm, however,
that no services were purchased by the Defence Forces from the
company in question.

The fact that nothing was purchased misses the

key point. Why would the Irish Defence Forces
deal with a company that has a very dubious
international reputation?
This company was named in 2012 by Reporters
Without Borders as one of the corporate enemies
of the Internet. It has been accused by the
Citizen Lab, a digital rights group, of human
rights abuses, of using and transferring software
that was used to repress minority and dissident
groups, journalists and so on in Africa and the
Middle East. Their clients include European
countries, the FBI, the US Drug Enforcement
Agency, Egypt, Ethiopia, Morocco, Nigeria and
Saudi Arabia. These are the clients this company
deals with.
The Minister is telling us it was to do with
developing and maintaining operational

capabilities, but he is not giving us any details.

No matter what the Government is buying, why it
would go to a company like that is beyond me
and the Minister could tell us more.
Clare Daly
Minister Coveney said that he was sure he could tell Deputy Daly
more but there are some things I do not tell her in respect of
intelligence. Anybody who understands how intelligence works
would understand that.

Despite what Deputy Daly is trying to portray, we

are not doing business with this company. This
company is, by the way, doing business all over
the world, with many European and western
countries, as well as some of the countries
Deputy Daly has referred to. Presumably it is out
there in the market, selling its services, its
products and its technology. We have decided
not to purchase from it. That decision was made
by the Defence Forces. However, the
responsibility of the intelligence element of
defence is to make sure people like me and
others who have to make decisions in respect of
security questions are properly informed. That is
as much as I am willing to say in terms of the
broader responsibilities relating to intelligence.
On the company concerned, we are not doing

business with it.

Simon Coveney

When asked for further details from Deputy Daly, Minister Coveney
dismissed them as irrelevant and said that the Defence Forces
are obligated to make sure they are aware of all the equipment
that is out there and how it works and to ensure that we have the
best technology available to do a job we need to do.
JavaScriptifitisdisabledin

Speaking to Krank.ie, Deputy Daly said that Minister Coveney had

not answered the multiple questions raised by the email leaks and
was hiding behind national security.

The exposure of the contact between the Irish

Defence Forces & Hacking Team raises many
questions which were not answered by Minister
Coveney. The fact that no purchase took place is
not the issue. The leaked emails revealed
serious contact, referencing a number of
meetings. This wasnt a passing inquiry. Why
would our army be looking at the type of
surveillance equipment that Hacking Team are
involved with? Whos idea was it? What level of
authority sanctioned it? Hiding behind national
security is a cop out & we have every intention of
continuing our inquires

X
X

Do you trust Irish politicians legislating on internet abuse?

No (93%, 228 Votes)
Yes (7%, 18 Votes)

Total Voters: 246

http://www.krank.ie/category/opinions/marriageequality-shouldnt-even-question/

Time For Scrutiny Of

Politicians, Not Cutesy
Campaigning
Posted by Neil Markey
Date: March 04, 2015
in: Opinion, Politics

With a general election on the horizon one that should prove to

be particularly vicious it is no surprise that politicians are using

every last bit of spin to try and one-up their foes. In recent times, a
commonly emerging tactic is to play the victim while dehumanising
a large swathe of opposing voices. This was quite obvious in, what
would appear to some, an innocuous video from Labours Aodhn
Rordin featured on The Journal this week.
Aping the popular segment from the Jimmy Kimmel Live! talk show
in which celebrities read out caustic commentary about
themselves, the politician sat down to offer a sample of what he
termed trolling. Unsurprisingly, given the current climate, the
majority of correspondence he read out was, at best, angry, out of
context criticism. While having a public figure like Rordin take
part in a light skit may seem innocent enough, the timing and
overall bigger picture makes this largely problematic.
The success of Jimmy Kimmels Mean Tweets segment rests
largely on two fronts. Celebrities in television, music and movies
come across as more human and with a good sense of humour
while at the same time the absurdity of the angry or nasty tweets is
underlined. Its hard to take the critique of someones appearance
seriously when you remember they simply work in entertainment
and are now entertaining more people by laughing at their
detractors. Remember, these are still regular people who just so
happen to be citizens with jobs that the public can see. They dont
work for us, they sell to us. At its core, it re-humanises the targets.
The same cannot be said for elected officials tasked with running a
country and working for the public. They arent supposed to be
selling to us, theyre supposed to be working for us and while
public abuse of politicians is a real, albeit small, issue, jamming
them into the same category as entertainers is comparing
apples with oranges. This isnt giving them a podium to be
humanised, its giving them a pulpit to attack dissent. Most telling
about Rordins appearance was the majority of content
seemed at best reasonably critical, at worst rather tame.
Remember, we arent given the context of what the critics were

responding to or the date which the messages were sent on, which
could provide a wholly different story. Instead, simply a public
figure receiving even more airtime to brush aside detractors.
If one coupled angry messages alongside statements, for
example Rordins support for Jack Walls maddening attack on
Clare Daly following the Fatal Foetal Abnormality Bill, it isnt that
hard to imagine someone describing his behaviour as piss poor
like in the video. It isnt that hard to agree with them. Like the Iona
Institutes so called River of Bile, the attacks ring hollow.

For your own good give it up & grow up.

You have reached the very bottom of the barrel.
Take a look around.
Aodhn, thats piss poor
Youre actually a TD? No wonder this country is
in the mess it is.
Youre nothing more than a child.
I know more about equality than you do & Im
probably half your age.
Are you the full shilling? Get a grip & grow up.
Some of Aodhn Rordins Mean Tweets
Rordin is not the first politician to use the platform for hisown
gain. Michael Healy-Rae recently chatted to The Journal, refusing
to discuss the marriage equality referendum and instead using his
time to talk about roads. It is hard not to see that as a wasted
opportunity to grill the Kerry politician, whether about his attitude to
LGBT rights or some of the news stories surrounding his familys
shenanigans. It is not just The Journal where this happens but
these are but two recent examples of a squandered chance to do
some good. Journalism is printing what someone else does not
want printed, everything else is public relations.

Perhaps it is that politicians have gotten a largely free run that they
feel they can do this. Maybe the crop we have been faced with are
growing ever more thin skinned or maybe they actually live in a
fantasy world where they believe what theyre saying. You dont
have to go back too far to see such serious delusion from a
government TD, with Fine Gaels Noel Coonan likening water
charge protesters to terrorist group IS back in November. A blunt
assessment and quite laughable, he was rightly pilloried while
uninspired columnists continue to run with a boiled down version of
this very sentiment to this day. The lack of challenges to more
subtle claims is a problem, as such over the top statements like
Coonans are easily mocked by the layperson.
For far too long an Irish politician under fire has almost instantly
been allowed to claim they are being bullied and go unchallenged
while whatever scandal or embarrassment fades into obscurity. A
few minutes and a quick web search can quickly reveal that a large
portion of these claims are made up nonsense. You only need look
at the web streams for any current affairs show, harbouring an
army of politically savvy anoraks sifting over documents, quotes
and past indiscretions, to see how simple it is. Fine Gael and
Labour politicians have been consistently guilty of these sorts of
claims and yet they get away with it, time and time again, while the
opposition parties are no better.
It might be funny the first time you see a silly senator go silent
when their claims are finally questioned. It is most certainly
depressing when you see a controversial politician on television
programmes, latching on to cyber bullying issues in an effort to
save their own hide from embarrassing confrontation. It is growing
ever more difficult for the public to separate malice from laziness
when presented with these cases and there is a continued lack of
confidence in our media due to it. It is well past time for the bigger
players in publishing and broadcast to take note and call out the
establishment on their lies, schemes and spin.

Labour TD ignores tough

questions on web case
Posted by Neil Markey
Date: May 29, 2013

Minister for Research

and Innovation, Sean Sherlock, has ignored calls for answers from
the public regarding the legal case brought against internet
providers by the music industry.
Sherlock, a Labour Party TD, has ignored growing concern over
the case and has yet to comment. He has also threatened to block
web users whose questions he finds repetitive or offensive.
Despite the fact that the majority of people questioning him are
doing so in a civil fashion, Sherlock has blocked a number of
users.

Back in December, UPC, who refused the demands of record

companies seeking to block The Pirate Bay website, confirmed
that legal proceedings were brought against the company by
record labels. EMI Records [Ireland] Ltd, Sony Music
Entertainment [Ireland] Ltd, Universal Music Ireland Ltd and
Warner Music Ireland Ltd brought legal proceedings against UPC,
Vodafone, Digiweb, Imagine and Hutchison 3G.
In April of 2012, the minister pushed the unpopular Copyright SI
(known to internet users as SOPA Ireland) despite opposition from
the youth wing of his own party and a petition signed by 80,000
people opposed to it. The public were joined by academics,
solicitors and internet business owners, fearing the Copyright SI
could lead to damaging internet freedom and unjust censorship.
Digital Rights Ireland have made an attempt to be appointed as
amicus curiae for the case, which would mean they would give
information to the court. The plaintiffs (music companies) objected
to DRI being made amicus curiae due to their members
involvement in the Stop SOPA Ireland campaign and for individual
personal opinions posted online about the Copyright SI. The
application was refused.
Tom Murphy, who is the co-founder of Irish forum Boards.ie, was
involved in opposition of the Copyright SI and took part in the
popular Digital Rights discussion. Following the signing of what
became known as Sherlocks Folly, Boards.ie made immediate
changes to their rules. Tom questioned Sherlock on Twitter about
the music industry vs internet providers case, saying the minister
said this sort of case would not happen and asked him to comment
on it. Sherlock responded: all in good time Tom. I do suggest you
appraise [sic] yourself of the facts. I will be blocking repetitive +
offensive tweets on this one. Tom asked the minister why time was
a factor and why could he not simply comment now. He also asked
Sherlock to point out any facts that he had missed. He
subsequently found himself blocked by the TD.
Speaking to Krank.ie, Tom had the following to say:

To be honest with you, I kind of agreed with Sean

when he wrote that he would be blocking any
abusive tweeters. Anyone who knows me knows
I have staunchly defended the civility rule on
Boards for the last 13 years. So I was very
surprised to find that a few hours later, Sean had
blocked me. I didnt say one word of abuse or
anything which could be construed as abuse.
I have asked a question: Does he have any
comment about the lawsuit between EMI and
UPC (and a raft of other ISPs too btw) which is
using his SI to attempt to block PirateBay. A court
case he said would not happen.
Now, I am blocked from following him on Twitter.
This is not how a proper political system works.
A number of internet users continued questioning the minister, only
to be met with silence as he went about updating his Facebook
page.
http://www.krank.ie/category/sci/in/labour-td-ignorestough-questions-on-web-case/
HE HIGH COURT
COMMERCIAL
[2012 No. 12381 P]
[2012 No. 225 COM]

BETWEEN
EMI RECORDS (IRELAND) LIMITED,
SONY MUSIC ENTERTAINMENT (IRELAND) LIMITED,
UNIVERSAL MUSIC IRELAND LIMITED AND
WARNER MUSIC IRELAND LIMITED
PLAINTIFFS
AND
UPC COMMUNICATIONS IRELAND LIMITED,
VODAFONE IRELAND,
IMAGINE TELECOMMUNICATIONS LIMITED,
DIGIWEB LIMITED,
HUTCHINSON 3G IRELAND LIMITED AND
BY ORDER TELEFONICA IRELAND LIMITED
DEFENDANTS
JUDGMENT of Mr. Justice Kelly delivered on the 3rd day of
May, 2013
Introduction
1.
This is my judgment on the application of a company
called Digital Rights Ireland Limited to be appointed as
amicus curiae to this suit.
2.
The application is opposed is opposed by the
plaintiffs. The defendants are neutral in respect in respect
of it.
The Proceedings
3.
The principal relief sought by the plaintiffs is an
injunction, pursuant to s. 40(5A) of the Copyright and
Related Rights Act 2000 (as amended). They seek an order

requiring the defendants to block or otherwise disable

access by subscribers to the website thepiratebay.org
(the Pirate Bay) and related domain names, IP addresses
and URLs set forth in the schedule to the plenary
summons.
4.
The plaintiffs are all Irish registered companies. Each
one is a member of an international group of companies.
For example, the first is the Irish member of the EMI group
and the second is the Irish member of the Sony group.
5.
The majority of Irish record companies, including the
plaintiffs, are members of the Irish Recorded Music
Association Limited (IRMA). That entity is the
representative body of the record industry. The four major
groups of companies which are represented through the
plaintiffs in the membership of IRMA supply approximately
78% of the pop music sound recordings to Irish
consumers.
6.
The defendants are the largest broadband internet
service providers in the State supplying between them,
together with Eircom, over 85% of all broadband in the
State.
7.
Each plaintiff has an exclusive licence to make
available in the State, whether by way of distribution to
retailers or directly to the public via the internet, copies of
the sound recordings, copyright in respect of which is
owned by companies in their individual international group
of companies. The Pirate Bay is a large and popular
website. It is used for the purpose of making available,
without the rightholders consent, on an enormous scale,
works which include the sound recordings in respect of
which the plaintiffs are the exclusive licensees or the
owners of the copyright. The Pirate Bay operates as a vast
directory of copyright material that internet users (which
include subscribers to the defendants internet services)
are making available for downloading, copying and
onward distribution by other internet users. The directory
indicates what material is available and who is making it
available. The scale of this infringement of copyright is

enormous.
8.
The plaintiffs contend that, given the volume of
material which is made available via the Pirate Bay
website and the number of downloads from it, it is
inevitable that a significant number of subscribers to the
defendants internet services are using the website to
copy and make available recordings to other internet
users.
9.
In earlier proceedings before this Court, the court
accepted evidence as to the huge scale of the violation of
the plaintiffs property rights which is taking place via the
Pirate Bay website.
10. The plaintiffs believe that the defendants will not in
fact object to being required to block the Pirate Bay
websites because of the notorious scale of the copyright
infringement which is taking place there.
Previous Action
11. In earlier proceedings between EMI Records Ireland
Limited & Ors v. UPC Communications Ireland Limited
[2010] IEHC 377, Charleton J. delivered judgment on 11th
October, 2010. Those proceedings sought injunctions
against the defendant, an internet service provider, to
prevent the theft of the plaintiffs copyright material by
third parties illegally downloading it over the internet. In
dealing with the injunction sought in respect of the
activities of the Pirate Bay, the judge said this:In the second paragraph of their prayer for relief, the
recording companies ask for a blocking injunction against
Pirate Bay. This site is responsible for the great bulk of
internet piracy in this country. Mr. Kavanagh, as I have
said, described how he used it. To begin illegally
downloading copyright material, all that one needs to do is
to access Pirate Bay, download the appropriate software
from them, search on their website what swarms are
active and what tracks are being offered, and then join
one of those swarms using the relevant software.
Regrettably on a full consideration of this matter, a
blocking injunction is not available in Irish law.

Were it available, I would grant it. Mr. Harrison, in evidence

on behalf of UPC indicated, how, through Eircom, when
that access was blocked, he readily found a way through.
However, this took him twenty minutes. Professor Nixon
offered the opinion that such blocking was futile. I do not
agree. In the telecommunications industry it has been
noted that where an area moves from access to other
areas, such as the Aran Islands to Dublin, or the Aran
Islands to New York, by dialling the operator, to direct dial,
that the improvement in service causes a leap in usage.
This is known as the service improvement jump. It must
work in the opposite situation. I would regard it as both
educative and helpful to block Pirate Bay were I enabled
by the relevant legislation to do so. At the very least, it
declares that the activity is illegal. I cannot grant the
injunction because I have no legal power to do so.
12. Later in the judgment, he said:In failing to provide legislative provisions for blocking,
diverting and interrupting internet copyright theft, Ireland
is not yet fully in compliance with its obligations under
European law. Instead, the only relevant power that the
courts are given is to require an internet hosting service to
remove copyright material. Respecting, as it does, the
doctrine of separation of powers and the rule of law, the
Court cannot move to grant injunctive relief to the
recording companies against internet piracy even though
that relief is merited on the facts.
13. In the course of his judgment, Charleton J. also made
reference to the fact that legislative intervention would be
required, should the legislature see fit, to protect
constitutional rights to copyright and to foster the national
resource of creativity. He pointed out that the power to
block access to internet sites, to disable access, to
interrupt a transmission, to divert a transmission and to
cut off internet access and control circumstances were
clearly provided for in the law of the neighbouring
kingdom and are specifically outlined in the law of other
European States. They are highly developed in the United
States of America. However, such powers were not
available in Irish law.
14. Having identified this lacuna, the plaintiffs were

obliged to commence proceedings against the State for

breach of its obligation to fully implement Article 8(3) of
the Copyright Directive 2001/29 (the Directive). On 29th
February, 2012, the Minister for Jobs, Enterprise and
Innovation, promulgated Statutory Instrument 59 of 2012
which makes express provision for the granting of
injunctions against internet service providers pursuant to
the provisions of Article 8(3) of the Directive.
15. The availability of relief under this statutory
instrument is not dependent on the establishment of
liability for copyright infringement on the part of the
defendant intermediary. The plaintiffs have made it clear
that they are not contending that the defendants are so
liable.
16. Given the coming into force of S.I. 59 of 2012, these
proceedings have now been commenced seeking the
relevant injunctive relief.
The Proposed Amicus Curiae
17. This application is grounded upon an affidavit of T.J.
McIntyre who is a solicitor, Associate Dean at the School of
Law in University College Dublin and chairman of the
applicant. He says that the applicant is an Irish human
rights body devoted to defending civil, human and legal
rights in the digital age. The applicant was founded in
2005 and is a not for profit undertaking. It is a member of
the European Digital Rights Initiative and works with other
civil rights groups such as the Irish Council for Civil
Liberties.
18. Mr. McIntyre points out that the applicant
successfully applied for and was granted locus standi in a
case called Digital Rights Ireland Limited v. Minister for
Communication & Ors. In that case, he says that
McKechnie J. described the applicant as a sincere and
serious litigant and thought that it was appropriate to
grant to it an ability to advance arguments on behalf of
citizens in general in the nature of an actio popularis.
19. Mr. McIntyre says that the applicant has sought to
inform public debate in various ways. In October 2011, it

organised a conference entitled Innovation, Information

and the Internet: Modernising Copyright Law. It also
made a joint submission with a number of members of the
National Parliament and the solicitors appearing for it in
these proceedings to the governments copyright review
committee.
20. Insofar as these proceedings are concerned, the
applicant says that it has a strong interest in them
because of the fact that this is the first time in this
jurisdiction that a court will be asked to block a website
following the passage of S.I. 59 of 2012. The applicant
believes that such an order could have the effect of
jeopardising the rights of individuals and undertakings
operating in Europe and globally. This legislation may, it is
said, provide a mechanism by which parties could apply to
the court for reliefs which may limit the rights of others.
21. The applicant is concerned to ensure that all the
issues which are before the court are fully explored and
argued. This is particularly so because blocking orders will
impact not merely on the parties to this action but also on
parties not before the court. These would include Irish
internet users and owners and operators of the sites which
it is proposed to block. The applicant would seek to put
before the court matters which those persons might seek
to raise were they themselves directly represented. Mr.
McIntyre reiterates the novel nature of this application as
a result of the legislative change brought about by S.I. 59
of 2012.
22. Mr. McIntyre goes on to point out that under s. 2 of
the European Convention on Human Rights Act 2003, this
Court is under a duty to interpret and apply any statutory
provision or rule of law insofar as is possible in a manner
compatible with the States obligations under the
European Convention on Human Rights. This, he says, is a
duty which exists independently of any point raised by the
parties in a matter where non-parties are affected. The
applicant is therefore concerned to assist the court in
addressing the requirements of the European Convention
on Human Rights in the context of internet filtering.

23. He also points out that the court has not yet made
any order directing the various entities and individuals
who are providing the internet services which the parties
to these proceedings may be directed to cease access to,
to be notified of this action or to be given the legal right to
appear to defend such actions.
24. Mr. McIntyre avers that the applicant can maintain
what he describes as a neutral role in assisting the court in
matters that might arise and may bring expertise to the
case in areas that might not otherwise be available to, or
be ventilated by, the parties seeking to protect their own
discreet interests. He gives, by way of example, the
possible need to highlight to the court where the public
interest and wider European legal rights stand to be
eroded if a certain form of order was to be made.
25. As already noted, the applicant is a member of
European Digital Rights, an international non-profit
association formed under Belgian law. As such, Mr.
McIntyre believes the applicant can assist the court by
highlighting issues which have arisen in other jurisdictions
where orders such as those sought by the plaintiffs were
the subject of litigation.
26. He goes on to say that the applicant is well placed to
assist the court in assessing the public interest and
exercising its discretion in respect of the reliefs sought. He
calls attention to Article 1(3)(a) of Directive 2009/140/EC
of the European Parliament and of the Council amending
Directives 2002/21/BC on a common regulatory framework
for electronic communications networks and services and
2002/19/EC and 2002/20/EC.
27. Finally, he points out that the applicants costs
incidental to its intervention as an amicus curiae will be
borne entirely by itself.
The Opposition
28. Initially there did not appear to be any serious
opposition to the joinder of the applicant on the part of the
plaintiffs. However, having regard to factual matter which

is set forth in an affidavit of Helen Sheehy, Solicitor, they

now believe that it would not be appropriate for the
applicant to play the role of amicus curiae in these
proceedings.
29. In her affidavit, she points out that the applicant has
indicated that it can maintain a neutral role in assisting
the court and is also of the view that it can represent, in
effect, what it believes to the be the public interest in the
matter.
30. She avers that when she was first contacted in
respect of the proposed application that she wrote to the
applicants solicitors seeking three pieces of information.
She sought the identity of its officers, its members and
from whence its funding came.
31. In response to this request Ms. Sheehy was informed
that the applicant had three officers. They were named as
Antoin O Lachtnain, an entrepreneur, Colm Mac Crthaigh,
an engineer with Amazon.com and T.J. McIntyre, the
applicants chairman. It is a company limited by guarantee
and there were eight subscribers to the company but their
identity was not disclosed. The letter of reply made it clear
that the applicant did not seek any particular outcome of
the issues between the parties but rather sought to be of
assistance to the court. The response did not indicate the
source of the applicants funding. That query was renewed
and in addition Ms. Sheehy asked if there was a reason
why this query was not answered. No response was
received to that letter. Neither was the matter addressed
in Mr. McIntyres affidavit grounding this application. At the
hearing, counsel dealt with this question by way of
submission.
32. Ms. Sheehy asserts that having regard to certain
material which she exhibited in her affidavit that the
applicant is not capable of exercising a neutral role in the
proceedings.
33. She exhibited material from an internet site forming
part of a campaign called Stop SOPA. This was a

campaign to seek to dissuade the relevant minister from

enacting S.I. 59 of 2012. She highlights that the Stop
SOPA internet site contains a number of statements which
the plaintiffs describe as quite extreme and completely
inaccurate. These include assertions that the relevant
statutory instrument would represent a radical new law
and that your civil rights and free access to the internet
are under threat. It is also alleged that the statutory
instrument which was then under consideration was a
similar proposal to the stop online piracy act in the
United States. The plaintiffs take the view that the
statutory instrument in question gives effect to clear EU
legislation which had (as was pointed out by Charleton J. in
the EMI case) been incorrectly transposed in this
jurisdiction. It is said that there is no comparison between
the United States legislation and the relevant statutory
instrument. Neither is the statement contained on the
website that the statutory instrument means judges can
order ISPs to block access to sites like YouTube, Facebook
and Twitter where an individual user from anywhere in the
world is sharing infringing material accurate. A
contribution on the website from one S. McGarr
describes the decision to introduce the statutory
instrument as:A very bad decision because it will not solve the legal
problem of uncertainty which the government say they
want to address with this law. They have introduced a law
which is likely to be successfully challenged and in the
meantime will create nothing but further uncertainty.
Mr. McGarr continues:It is a bad decision because the law is being enacted
without a vote of the Oireachtas. This law will potentially
impact on the freedoms to do business and to free
expression of every company and citizen in the country.
The need for primary legislation has never been clearer.
He continues:It is a bad decision because it ignores the unanimous
concerns of Irish internet experts. From the Irish Internet
Service Providers Association (whose members include
Google), to Blacknight Hosting, to ALTO, all have said that
the Statutory Instrument is not appropriate. Only

yesterday Google spoke out against Internet censorship.

He also describes the Ministers decision to enact the
statutory instrument as a disgraceful decision.
34. The website describes the Stop SOPA Ireland
Campaign as a public interest campaign from McGarr
Solicitors. The website goes on to state If you are a
member of the media looking for background, quotes or
commentary, the following campaigners offer a mix of
anti-SOPA viewpoints. Amongst the persons listed are
Simon McGarr of McGarr Solicitors who are the solicitors
acting for the applicant on this application and T.J.
McIntyre, its chairman.
35. Ms. Sheehy also avers that the plaintiffs reviewed the
personal website of Mr. McIntyre, (www.tjmcintyre.com). It
contains postings by him concerning S.I. 59 of 2012. None
of them are supportive of the statutory instrument. In a
contribution of 25th January, 2012, Mr. McIntyre invites
those who are worried by the then proposed statutory
instrument to support the Stop SOPA campaign.
36. Mr. McIntyre also publishes on his website details of
how to circumvent blocking orders made by the United
Kingdom Courts.
37. Arnold J. in his judgment in the case of Twentieth
Century Fox & Ors v. B.T. [2011] EWHC 1981 (Ch) said that
he was of the view that whilst there were measures by
which a block could be circumvented that it was neither
necessary nor appropriate for him to describe those
measures in his judgment. In addition, Ofcom in the United
Kingdom, in its report on internet blocking decided that it
was appropriate to redact the sections dealing with the
technical means by which circumvention can be achieved.
However, Mr. McIntyre published the entire redacted
section on his website which effectively provides a guide
on how to circumvent blocking orders of the United
Kingdom Courts.
38. Ms. Sheehy also calls attention to a comment which
is contained on the website of the solicitors acting for the
applicant, Messrs McGarr. The institution of these

proceedings was noted on that website in a posting of 7th

December, 2012. The website states that the
commencement of these proceedings will come to (sic) no
surprise to anyone who followed the Stop SOPA Ireland
campaign at the beginning of this year. On the same
entry it is stated:On the last day of February this year, the Government
gave them [the plaintiffs] their ideal law.
We may be seeing, on the 17th December of this year, the
first of the predicted applications to block Irelands users
from accessing particular websites.
If so- and the applicants are successful- it is difficult to
imagine that it will be the last.
39. Whilst the plaintiffs acknowledge the entitlement of
the applicant and its solicitors to hold their opinions and to
express them they cannot accept that the applicant can
maintain a neutral role in assisting the court given what I
have outlined. Neither can they see how it would be
possible for the applicant to assist the court in making an
assessment of the public interest in an impartial manner.
40. The plaintiffs also point out that Mr. McIntyre in his
affidavit made no reference at all to the rights of creators,
composers, artists, performers, publishers or producers.
41. Ms. Sheehy also deals with that part of Mr. McIntyres
affidavit where he indicated that the applicant would seek
leave to put before the court matters which Irish internet
users and the owners and operators of sites which it is
proposed to block would raise, if they themselves were
directly represented. She points out, however, that there is
no dispute raised by any defendant in the proceedings as
to the fact that the Pirate Bay website is unlawfully
distributing copyright material and that those who use
that website to make that material available to download
it are infringing copyright.
42. Finally she points out that insofar as there are human
right issues as identified by Mr. McIntyre, these have
already been the subject matter of consideration by the

court in judgments in EMI & Ors v. UPC of 10th October,

2012 and EMI & Ors v. Eircom of 27th June, 2012. She also
says that it has been made clear by correspondence
received on behalf of some of the defendants that a
substantial number of issues going to such matters as
freedom of expression and the right to do business will be
brought to the attention of the court by the parties to the
litigation. As for Directive 2009/140, that has also been
considered by the court in EMI v. Eircom of 27th June,
2012.
43. It is in these circumstances that the plaintiffs take the
view that the applicant, far from being neutral, is a highly
partisan entity unsuited to the role of amicus curiae.
Furthermore, they contend that the parties before the
court have already intimated that they will be addressing
the issues which the applicant seeks to raise and thus its
participation will be of no assistance to the court. Any
argument that the blocking of access to the Pirate Bay
website would in some way amount to an infringement of
the rights of the operators of that website or of internet
subscribers has been the subject of consideration by
courts in this jurisdiction and elsewhere and has not met
with judicial approval. Ms. Sheehy also believes that the
joinder of the applicant would add to the duration of the
proceedings with the incurring of additional costs.
Jurisdiction
44. There is no dispute but that there is an inherent
jurisdiction in the court to appoint an amicus curiae. This
question was addressed by Keane C.J. in H.I. v. Minister for
Justice, Equality and Law Reform [2004] 1 ILRM 27, where
he said:While there are no statutory provisions or rules of court
providing for the appointment of an amicus curiae, save in
the case of the Human Rights Commission, the court is
satisfied that it does have an inherent jurisdiction to
appoint an amicus curiae where it appears that this might
be of assistance in determining an issue before the court.
It is an unavoidable disadvantage of the adversarial
system of litigation in common law jurisdictions that the
courts are, almost invariably, confined in their

consideration of the case to the submissions and other

materials, such as relevant authorities, which the parties
elect to place before the court. Since the resources of the
court itself in this context are necessarily limited, there
may be cases in which it would be advantageous to have
the written and oral submissions of a party with a bona
fide interest in the issue before the court which cannot be
characterised as a meddlesome busy body. As the
experience in other common law jurisdictions
demonstrates, such an intervention is particularly
appropriate at the national appellate level in cases with a
public law dimension.
It is, at the same time, a jurisdiction which should be
sparingly exercised. Clearly, the assistance to be given to
an appellate court will be confined to legal arguments and
supporting materials. It is not necessary to consider the
circumstances in which it would be appropriate for the
High Court to appoint an amicus curiae. It is sufficient to
say that, as was pointed out in United States Tobacco
Company v. Minister for Consumer Affairs (1988) 83 A.L.R.
79, the position of an amicus curiae is quite different from
that of an intervener. It was said in that case that an
amicus curiae, unlike an intervener, has no right of appeal
and is not normally entitled to adduce any evidence.
In the present case, an issue of public law arises and the
judgment of the court may affect parties other than those
now before the court. The court was satisfied that the
UNHCR might be in a position to assist the court by
making written and oral submissions on the question of
law certified by the High Court and, accordingly, appointed
it to act as amicus curiae and, for that purpose, to make
oral and written submissions.
Applicable Principles
45. Having accepted that there is a jurisdiction to make
an order of the type sought, I now turn to a consideration
of the case law which sets forth principles which the court
ought to apply in deciding whether or not to do so.
46. The first of the cases is OBrien v. Personal Injuries
Assessment Board (No. 1) [2005] 3 I.R. 328. That was a

case in which the applicant brought judicial review

proceedings arising, in part, from the refusal by the
respondent Board to deal with the applicants solicitor in
respect of an application made by him to that Board. The
Law Society of Ireland asked to be joined as amicus curiae
on the basis that the case raised important issues of
principle that were of concern to the solicitors profession
as a whole. Finnegan P., having referred to the decision in
H.I., from which I have just quoted, identified a number of
relevant considerations.
47. The first was whether the applicant has a bona fide
interest and is not just acting as a meddlesome busy
body.
48. Second, Finnegan P. identified that OBriens case had
a public law dimension and that the Law Society has
not just a sectional interest, that is the interest of its
members, but a general interest which should be
respected and to which regard should be had.
49. It is clear from the passage which I cited from Keane
C.J. in the H.I. case that that judge did not consider the
circumstances in which it would be appropriate to appoint
an amicus curiae to a court of trial. That issue fell to be
dealt with by Finnegan P. who reviewed a number of
relevant English decisions which had led to amici curiae
being appointed in trial courts. Finnegan P. decided to join
the Law Society in circumstances where his decisions
would affect the rights of a considerable number of
litigants and the solicitors profession as a whole.
50. The issue arose again in the case of Doherty v. South
Dublin County Council [2007] 1 I.R. 246. There, the
Equality Authority asked to be joined as amicus curiae in
proceedings taken by members of the travelling
community against the respondent County Council and
others. The State respondents objected to the application
on the basis that the Equality Authority did not have
statutory authority to act as amicus curiae. The High Court
overruled those objections and its decision was affirmed
by a majority in the Supreme Court. That court held that

the Equality Authority did have statutory power to act in

such a role. Macken J., however, dissented. While she was
in a minority, the comments which she made on the
principles to be applied on the joinder of an amicus curiae
are of relevance. That was also the view of Clarke J. who
specifically so observed in Fitzpatrick v. F.K. [2007] 2 I.R.
406. Indeed, he summarised the observations of Macken J.
in this regard as follows (at 415):it seems clear that amongst the important factors to be
taken into account are:(a) whether the proposed amicus curiae might be
reasonably said to be partisan or, on the other hand, to be
largely neutral and in a position to bring to bear expertise
in respect of an area which might not otherwise be
available to the court; and
(b) the stage which had been reached in the proceedings
with particular reference to a distinction between trial
courts and appellate courts.
Clarke J. went on:In addition, it seems to me that a factor of particular
importance should be the extent to which it may be
reasonable to assume that the addition of the party
concerned as an amicus curiae might be said to bring to
bear on the legal debate before the courts on an issue of
significant public importance, a perspective which might
not otherwise be placed before the court. In similar vein it
seems to me appropriate for the court to consider whether
there is a risk that an issue of significant public
importance might be debated in circumstances where
there may not be an equality of arms.
51. Clarke J. then developed the two factors which he
distilled from the judgment of Macken J. As to the first, he
said as follows:The first of the two criteria identified by Macken J. in
Doherty v. South Dublin County Council [2006] IESC 57,
[2007] 1 I.R. 246 concerns the distinction between a
partisan and a neutral amicus curiae . As is noted in her
judgment, the courts in other common law jurisdictions,
which have developed principles in respect of the criteria

to be applied in allowing parties to be joined as amicus

curiae , have, to an extent, moved away from the principle
that such parties should be entirely neutral and have
permitted, in certain circumstances, parties to be
appointed who could be expected to adopt a partisan role
in the proceedings. However that is not to say that the
role likely to be played is not, nonetheless, an important
factor to be taken into account. It was pointed out by
counsel for the plaintiffs and, in particular, counsel for the
second defendant, that the bodies who have been
appointed in this jurisdiction have been public bodies
charged either under statute or otherwise with a public
role. The role of the Equality Authority speaks for itself.
Similarly the United Nations High Commissioner for
Refugees is charged with international public obligations
under the United Nations treaties. The reason why
Finnegan P. was persuaded to join the Law Society in
OBrien v. Personal Injuries Assessment Board (No. 1)
[2005] 3 I.R. 328 stemmed from the public role of the Law
Society under its legislation as regulator of the solicitors
profession.
I am not persuaded that the joining of an amicus curiae is
confined to such bodies. However it seems to me that the
fact that the body seeking to be joined is charged in either
domestic or international law with a public role in the area
which is the subject of the litigation concerned is a factor
of some significance to be taken into account.
52. It is to be noted that the entity which sought to be
joined in Fitzpatricks case was the Watch Tower Bible and
Tract Society of Ireland, the body which represents
Jehovahs Witnesses in Ireland. The Society wished to be
heard in the case which was taken by the Coombe
Hospital authorities in respect of a patient who was a
Jehovahs Witness and declined blood transfusion
treatment following a postpartum haemorrhage.
53. As to the second criterion identified by Macken J.
which concerned the stage that the proceedings had
reached at the time when the application to join was
made, he said this:It seems clear from the authorities that an amicus curiae

will more readily be joined at the stage of a final appellate

court. The reasons for this are obvious. Proceedings at trial
are likely to involve significant issues concerning the facts
of the individual case. Even where a case may be said to
be a test case, where it may be likely that general
principles will be defined, nonetheless the jurisprudence of
the courts in this jurisdiction makes it clear that issues of
constitutional importance are only likely to be decided
when it is necessary on the facts to decide them. The
extent to which it may become necessary to decide issues
of principle in any particular case will depend on the facts
of that case. Questions of the standing of a claimant or,
indeed, the possibility of the application of a reverse
standing test as identified will inevitably focus on the
facts of an individual case.
It is obvious, therefore, that an amicus should not be
permitted to involve itself in the specific facts of an
individual case. It is only after those facts have been
determined that the extent to which issues of general
importance may remain for decision will be clear. That is
far more likely to be the case at the appellate rather than
the trial level. It is not clear at this stage the extent to
which there may be a dispute as to the facts of this case
which might be material to any of the considerations of
the court. It is certainly true to say that there appears to
be a complaint made on behalf of the first defendant, and
supported by the society, as to the precise way in which
the issues in her case were dealt with by the plaintiffs on
the day in question. It certainly could not be said that this
case is a pure test case in which it is highly unlikely that
any issues concerning the facts of the individual case
would be relevant. While I am not persuaded that there is
an absolute bar to parties being joined as amicus curiae at
trial level, I believe that the circumstances in which it
would be appropriate so to do should, ordinarily, be
confined to cases where there is no significant likelihood
that the facts of an individual case are likely to be
controversial or to have a significant effect on determining
what issues of general importance may require to be
determined.
54. I return for a moment to the views expressed by

Macken J. in Dohertys case. She said:In those jurisdictions where an amicus curiae is more
common, the amicus remains at all times a friend of the
court. Of significance, I believe, is the long established
jurisprudence, well considered also in academic writings,
that a clear distinction is drawn between an amicus curiae
at appellate level and at trial court level. This distinction is
of utmost importance. even though the role of amicus
curiae over the years has become more partisan than was
originally the case, that partisan role may be accepted at
the final appellate level but not at trial court level.
55. Finally, as is clear from both the judgments of
Macken J. and Clarke J., a further consideration which the
court must bear in mind is whether the joinder of the party
as an amicus is likely to bring to bear on a case involving
an issue of significant public importance, a perspective or
resources that might not otherwise be available.
Objection In Limine
56. The plaintiffs say that the court has not been made
aware of what is the nature or interest of the applicant. It
has declined to disclose who are the subscribers to its
memorandum of association. It has declined to identify its
funder or funders. In such circumstances, it is said that the
court cannot entertain an application for the appointment
of a person or entity as a friend of the court if there is an
unwillingness to disclose who in truth is sought to be
appointed to that role.
57. Whilst it is correct to say that the source of the
applicants funding was not disclosed either in
correspondence prior to this application being brought or
in the affidavit of Mr. McIntyre, during the hearing, its
counsel, by way of submission rather than evidence,
disclosed that it is derived from modest donations from
members of the public.
58. Second, it is said that this applicant has no public law
role. It is a very different entity to those who have been
made amici curiae in this jurisdiction in the past. It is
argued that it comes nowhere close even to the
unsuccessful applicant in the Fitzpatrick case where that
applicant claimed to be representative of the adherents to

a particular religious faith.

59. It is argued that I ought to decide this application by
reference to these two issues alone and to dismiss the
application in limine.
60. I do not propose to adopt that course. I am not
convinced that those two issues of themselves must
necessarily mean that this application should fail at the
threshold.
61. Nonetheless, these matters may be taken into
account in the exercise of my discretion. I attach little if
any weight to the former, but the latter is of some
significance.
Findings
62. The applicant cannot be equated with bodies which
to date have been joined as amici. It is not charged in
either domestic or international law with a public role in
the area which is the subject of this litigation.
63. A reading of the affidavit grounding this application
would suggest that the applicant is a neutral body wishing
to assist the court from that standpoint of neutrality. But
the investigations carried out on behalf of the plaintiffs
and deposed to in the affidavit of Ms. Sheehy have cast an
altogether different light on the position. It is clear that the
applicants solicitors have been conducting what they call
a public interest campaign with one of them identified as
a press contact on the Stop SOPA campaign. Their
website made their views clear that the Minister ought not
to sign into law S.I. 59 of 2012. When he had done so, the
decision was described as a disgraceful one.
64. Mr. McIntyre addressed members of the public on his
website and asked for support for the campaign being
conducted under the Stop SOPA banner. I think it is
particularly significant and somewhat disturbing that his
website contained a redacted section of the UK Ofcom
report showing a way of circumventing blocking orders
made by the United Kingdom Courts.

65. It is difficult in these circumstances to see how the

applicant could be regarded as a neutral party. I am
unable to do so.
66. I also take into account the injunction of Keane C.J.
that this jurisdiction should be sparingly exercised and
the limited circumstances in which an amicus may be
appointed in a court of trial as distinct from an appellate
court. I do not believe that the applicant here has
demonstrated circumstances which would warrant its
appointment at trial court level.
67. Neither do I believe that the participation of the
applicant would provide to the court a perspective on
matters of principle or public importance which would not
otherwise be available to it. A good deal of attention was
given to this factor by the applicant in arguing in favour of
its joinder to this litigation. It did so by reference to the
suggestion that the effect of an injunction or blocking
order would impact not merely on the parties to the suit
but also on those not before the court. That contention
has to be seen in the light of the factual position which
has emerged to date.
68. In that regard, there is no dispute but that the
operators of Pirate Bay are involved in copyright
infringement. Proceedings against them in other
jurisdictions as well as this provide ample evidence of
that. Second, there has never been any dispute but that
Irish internet users who avail themselves of Pirate Bay are
also involved in copyright infringement.
69. If it is the intention of the applicant to contest either
of the factual matters dealt with in the preceding
paragraph, then it will be seeking to involve itself in the
factual aspects of the proceedings and there is no role for
an amicus curiae in that regard.
70. Insofar as reliance is placed upon the fact that this is
a test case in relation to what is described as a novel
statutory power, I am of opinion that that argument is not
made out. It is undoubtedly true that this is the first time

that a court in this jurisdiction is being asked to make

orders authorised by S.I. 59 of 2012. But that statutory
instrument does no more than give effect to Article 8.3 of
the Copyright Directive of 2001 in respect of which there is
now a body of case law both in the European Court of
Justice, the United Kingdom Courts and to a limited extent,
the Irish courts.
71. Insofar as the court may be required to conduct a
balancing exercise or to direct a person be notified of the
substantive application, I am of opinion that it can do so
well within the parameters of the litigation as constituted
at present. I am satisfied that the court will, at trial, have
full submissions made to it on the relevant legal
authorities. If dissatisfied with the material put before it,
the court can seek from the present parties any additional
assistance which it may need. I do not believe that the
relevant Directives require the appointment of an amicus
curiae. Even if they did, I do not believe that the current
applicant would be an appropriate entity to fulfil that role.
72. This application is refused.
http://courts.ie/Judgments.nsf/09859e7a3f34669680256ef
3004a27de/352fd12d66fa458b80257b7500497fe1?
OpenDocument

Human rights and

symphisiotomy
Wed, Mar 16, 2016,

Sir, As human rights lawyers we note with great

concern the proposal that records of applicants to the
symphysiotomy payment scheme would be shredded
after March 20th.
This would reinforce the harm done to women by the
physical and symbolic destruction of official medical
records attesting to the abuse and harm they
experienced.

Furthermore it would lead to the destruction of vital

records and evidence that might be of assistance in
future legal, historiographical and political processes of
recording the symphysiotomy in Ireland and ensuring
accountability for these instances of inhumane and
harmful treatment.
The UN Human Rights Committee has called for a
prompt, independent and thorough investigation into
cases of symphysiotomy leading to prosecutions
where appropriate.
It is likely that Ireland is under a positive obligation to
hold such an inquiry under the European Convention
on Human Rights.
That these records would be returned to the applicants
to the scheme is, thus, of paramount importance.
We note that applicants to this scheme were obliged to
provide relevant supporting records. They were not
informed that these records would be destroyed, that
they should send or retain certified copies, or that by
applying to the scheme through submission of these
records they were at risk of losing this documentary
evidence of their medical mistreatment.
The limitations of data storage at hospitals are such
that such records, if destroyed, might not be capable of
retrieval elsewhere, and in some cases processes for
accessing records can be so difficult to navigate as to be
almost inaccessible.
Thus, we call on Ms Justice Harding Clark to
reconsider this, and to ensure that all records are
returned to the applicants to the scheme, by registered
post, at the earliest possible date. Under no
circumstances should they be destroyed.
We also endorse the call from Marie OConnor of
Survivors of Symphysiotomy that applicants to the
scheme be asked for their consent to these records
being archived.

Yours, etc,
Prof FIONA DE LONDRAS,
University of Birmingham
Dr Liz Campbell, University of Edinburgh
Dr Susan Leahy, University of Limerick
Prof. Shane Kilcommins, University of Limerick
Dr Liam Thornton, University College Dublin
Dr Shane Darcy, Irish Centre for Human Rights, NUI
Galway
Dr Mark Coen, University College Dublin
Prof. Aoife Nolan, University of Nottingham
Dr Brenda Daly, Dublin City University
Dr Aoife ODonoghue, Durham University
Mairead Enright, University of Kent
Dr Illan Rua Wall, University of Warwick
Dr Catherine OSullivan, University College Cork
Dr Eimear Spain, University of Limerick
Dr Tanya ni Mhuirthile, Dublin City University
Prof. Siobhan Mullally, University College Cork
Emma Slattery BL, Barrister at Law
Dr Roderic OGorman, Dublin City University
Dr James Gallen, Dublin City University
Dr Alan DP Brady, Trinity College Dublin, Barrister at
Law
Dr Aoife Duffy, Irish Centre for Human Rights, NUI
Galway
Maeve ORourke, Barrister, 33 Bedford Row, London
http://www.irishtimes.com/opinion/letters/human-rightsand-symphisiotomy-1.2574160

Seized CRH information

cannot be used in
competition authority

probe
Tim Healy
PUBLISHED
05/04/2016

1
Stock picture

CERTAIN information seized in an

investigation into alleged anti-competitive
practices in the cement industry - including
emails of a senior CRH executive - cannot by
used by the competition authority, the High
Court ruled.
The materials were taken by officers of the Competition
and Consumer Protection Commission (CCPC) following
an unannounced dawn raid at the Irish Cement Ltd (ICL)
plant at Platin, near Drogheda, on May 14, 2014.
Irish Cement is a subsidiary of CRH.
In a judgment today, Mr Justice Max Barrett said the
CCPC was not entitled to take or use in any way certain
materials seized.

The search was conducted as part of an investigation into

alleged anti-competitive practises in the production and
supply of bagged cement products sector in the State.
The raid was carried out after the commission obtained a
search warrant under the 2014 Competition and
Consumer Protection Act.
When seeking the warrant, the CCPC told the District
Court it had formed the opinion that ICL, from January
2011 to the date the warrant was sought, may have
engaged in abuse of a dominant position in relation to the
supply of bagged cement.
ICL, CRH Plc. and Seamus Lynch, a senior executive
within the CRH group, brought a High Court action arising
out of the raid.
They claimed the CCPC officers were not entitled to seize,
retain or trawl through any electronic files within a
crh.com email account of Mr Lynch which were unrelated
to the business and activity of ICL.
Mr Lynch left ICL iN 2011 to join CRH. When the search
was carried out, he was managing director of CRH Europe
(Ireland and Spain). The warrant authorising the search
only entitled the CCPC to seize documents related to ICL.
By seizing the data, the CCPC had breached provisions of
the Data Protection Acts, constitutional rights to privacy,
European Convention on Human Rights and Charter of
Fundamental Rights of the EU, it was claimed.
The CCPC opposed the action and also gave an
undertaking not to go through the material seized until
after the court had given its decision.
Mr Justice Barrett found certain materials taken in the
raid "fell outside the scope" of the search warrant obtained
by the CCPC.
The plaintiffs were entitled to an injunction restraining the
CCPC from accessing, reviewing or making any use of that
material.
They were entitled to a declaration it acted outside of its
powers and the scope of a search warrant in seizing books,
documents and records unrelated to activity in connection

with the business conducted at ICL's premises.

He did not grant declarations there had been a breach of
their rights.
The case was adjourned to allow the sides consider the
decision.
http://www.independent.ie/irish-news/courts/seized-crhinformation-cannot-be-used-in-competition-authorityprobe-34601982.html

Journalists Warned Of
Dangerous Social Media
Laws
Posted by Neil Markey
Date: September 06, 2015

Dr Eoin ODell said it would be likely that both bills would be found to be
unconstitutional if they were enacted.

Experts speaking at a seminar organised by the National Union of

Journalists yesterday were critical of recently proposed social
media laws, describing them as bizarre and dangerous.
Journalists attending the event at Liberty Hall in Dublin heard a
thorough description of bills proposed by Labours Senator
Lorraine Higgins and former Minister for Communications Pat

Rabbitte, before they were compared with existing Irish laws and
similar laws in other countries.
The bills, Harmful And Malicious Electronic Communications Bill
2015 and Public Electronic Communications Networks (Improper
Use) Bill, were both introduced in April and caused a ripple of
concern in the online community.

The Harmful And Malicious Electronic

Communications Bill 2015 states that if a person
is found guilty of an offence, they could face up
to twelve months in jail or a fine of 5,000. The
Bill describes Harmful Electronic Communication
in serious cases, such as a person who incites
or encourages another to commit suicide or in
vague terms like intentionally or recklessly
causes alarm. The vague language of the Bill
has been criticised, with commentators saying
the Non Fatal Offences Against the Person Act
1997 already covers these areas.
Labour Politicians Push New Internet
Legislation, April 2015
Dr Eoin ODell, Professor of Law at Trinity College Dublin, gave the
keynote speech this afternoon A Question of Balance: Free
Speech and Online Abuse. Dr ODell echoed concerns from April
about the vague language used in the bills, saying they could
possibly make matters worse. Referring to a section of Senator
Higgins bill that would allow a court to make orders even when no
crime had been committed, Dr ODell described it as utterly
bizarre. He said that it would be likely that both bills would be
found to be unconstitutional if they were enacted.

5. (1) If on the evidence the court is not

satisfied that the person should be convicted of
an offence under sections (3) or (4), the court
may nevertheless make any of the following upon
application to it in that behalf if, having regard to
the evidence, the court is satisfied that it is in the
interest of justice so to order:
(a) that the person remove or delete specific
electronic communication(s);(b) that the person
shares an apology or correction as the court
deems appropriate in the circumstances;(c) that
the person shall not, for such period as the court
may specify, communicate by any means with the
other person or that the person shall not
approach within such distance as the court shall
specify of the place of residence or employment
of the other person.
(5) A person who fails to comply with the terms of
an order under this section shall be guilty of an
offence.
(6) A person guilty of an offence under this
section shall be liable on summary conviction to
a fine not exceeding 5000 or imprisonment for a
term not exceeding 12 months or to both.

Harmful And Malicious Electronic

Communications Bill 2015
Sinead OCarroll Feedback or Trolling? How digital journalists cope with the online
community

Following the keynote speech, a panel discussion featured

contributions from journalists Sinead OCarroll and Karlin Lillington,
writer Fiona Kenny and barrister Fergal Crehan, chaired by
journalist Gerard Cunningham of the Dublin Freelance Branch.
Attendees heard different methods of dealing with criticism and
abuse online, trolling and internet safety as well as avenues
available to victims of harassment and non-consensual image
posting (described popularly in the media as revenge porn).
Mr Crehan continued Dr ODells points on existing laws and spoke
of his role in a number of debates on the subject, which took place
on RT television. He repeated comments he made during these
debates about misconceptions people have of the internet as some
sort of lawless, digital Wild West and said that existing laws could
tackle issues if they were actually used. Mr Crehan also said that it
was just as dangerous to spread the belief that there are no laws in
place as it would be if the laws did not exist.

Sensationalist Nonsense
RT Criticised For
Refugee Debate

https://soundcloud.com/opinionline96/tracey-ryan-of-cork-calaisrefugee-support-group-on-her-appearance-on-rte

Tracey Ryan says racism went unchallenged on RTE show

while she and other volunteers were ignored
Tracey was treated badly and rudely. However, a look at the
programme reveals that the balance was heavily in favour of the
progressive side. The presenter challenged only those offering vile
views. There were some wild claims but failure to question claims is
now pretty much the norm in broadcasting and this is a problem
which requires attention. www.rte.ie/player/ie/show/10464881

RT has been criticised for not allowing volunteers to speak on a

refugee crisis segment that aired on Monday night.

Claire Byrne talks to Ian ODoherty, Norah Casey, Colin Murphy and Andrew Doyle
TD.

The Claire Byrne Live programme discussed the ongoing refugee

crisis in an Irish context, featuring contributions from Ian
ODoherty, Norah Casey, Colin Murphy and Andrew Doyle TD.
Viewers and campaigners accused the show of not challenging
racist statements or fact checking claims.
Volunteers and campaigners were invited to take part in the show
but were not given time to speak.
Tracey Ryan of Cork Calais Refugee Support Group was one
volunteer who was not given the opportunity to speak on the
night. Speaking on the 96FM Opinion Line today, Ms Ryan called
the programme sensationalist nonsense and accused RT of
having an agenda with the topic, wanting to court controversy to
increase interest in the show and trend on social media.
Claims that the family of Aylan Kurdi, a young boy who died while
fleeing Syria, travelled because his father wanted dental work in

Europe angered the volunteer group. Cllr. Seamus Treanor claimed

that 90% of people living in Direct Provision were bogus. The
group decided to walk off the show when such comments went
unchallenged.
I felt I was on the worst kind of gutter show imaginable, said Ms
Ryan, equating the programme to the Jeremy Kyle Show. Jeremy
Kyle would have probably challenged him! quipped the presenter.
RT have since released a statement about last nights
programme, apologising for not allowing volunteers to speak.
IrishRefugeeCouncil

. We'd like to know your response to this. Thanks

https://
twitter.com/sharmander_say
s/status/641020131519369216

Follow

Claire Byrne Live

11:35 AM - 8 Sep 2015

Government Parties _Make Gains

Published by: Richard Colwell
2015.10.21

Fine Gael and Labour make the gains

in this months poll, a direct result of
steep decline in support for
Independent candidates.
Fine Gael secure 28% of the vote, up 3% this
month, and obtain the best level of support seen
since September last year. Labour secure 10% of
the first preference vote, also up 3% from last
month, and the second time they have reached this
level in the past 3 months.

General Election Polls 2011-2015

Sunday Business Post RED C General Election Party Polls
CreatedwithRaphal2.1.2
19
1
10
20
30
36
GE 2011
Mar-12
Jun-12
Jan-13
Apr-13
Sep-13
Feb-14
Sep-14
Jan-15
May-15
Fianna Fail
Fine Gael
Labour
Sinn Fein
Green Party
Independents
All polls based on sample of 1000+ adults aged 18+
Source: RED C Research Get the data

In a potential dress rehearsal for a General Election

the main parties have made these gains following
widespread media coverage during the referendum
campaign, while support for Independent
candidates who receive far less coverage, tumbles
down 6% in just one month.
For Fine Gael it has been a good year so far, with a
relatively consistent upward trend in support. This
appears to be driven by a return of past voters back
to the party. In Jan this year just 57% of those who
voted for Fine Gael in 2011 said they would do so in
an election tomorrow, that figure now has risen to a
much more respectable 68%.
Labours gains are not based so strongly on
returning voters, with only 40% of those that voted
or the party in 2011, suggesting they would vote
Labour in an election tomorrow. Rather it appears
they are simply doing a slightly better job of
attracting small numbers from new first time voters
and those who voted for other parties last time
around.
Fianna Fail does not appear to have had the
disastrous poll that many might have expected
following the resignation of the high profile Avril
Power. Support for the party remains steady at
19%. However, in our poll for the referendum two

weeks ago we did ask some vote intention

questions to run the analyse by, and here it
appeared that Fianna Fail had finally made gains
during the referendum campaign. As such it could
well be that gains made during the campaign and
any bounce from the by election win in Carlow
Kilkenny have simply been cancelled out by event
since then.
Sinn Fein meanwhile sees support fall back slightly
but remain in the low 20% area that they have
generally been registering for some months now.
Download the full report below:
SBP May 2015 Poll Report GE and Same Sex

Brexit Polls Lessons from

Ireland
Published by: Richard Colwell
2016.06.20

The Brexit vote will take place this Thursday.

Trends in the polls in the past few weeks had seen
a significant shift towards Leave, with the poll of
polls suggesting the outcome could well be as much
as 55% Leave and 45% Remain. This trend has
been seen across both Online and Telephone polls
as we move closer to the day of voting, despite the
fact that originally Telephone polls had suggested a
leaning towards the Remain camp. More recently

the polls have suggested a swing back to Remain.

So are the polls measuring Brexit correct? Or is
there anything we can learn from Ireland, where the
pollsters have had perhaps more experience of
measuring Referendum than their near neighbours
in recent years.
Detailed analysis of Irish referendum polling has
uncovered two main features that can impact on the
polls. The first being the status quo effect, and the
second the impact of shy voters on the outcome.
The Status Quo Effect
The status quo effect has been seen in almost all of
the referendum polling conducted in Ireland over the
last number of years. This suggests that voters, if
they are not 100% decided on how they will vote,
end up voting for the option that means no real
change to their own lives, when it comes down to
making a decision in the polling booth. This can
have two impacts on the polls as they currently
stand.
The first impact is that it is very likely that those who
currently tell pollsters that dont know how they will
vote, will ultimately vote for the status quo if they
actually bother to vote at all. The second is that,
even if voters are telling pollsters how they will vote,
but have any doubts on voting day, they are far
more likely to end up voting for the status quo than

otherwise.
In the recent Marriage Referendum almost all of
those telling pollsters they were undecided in the
final polls, appear to have voted No to changing the
law and allowing same sex marriage. If RED C had
simply excluded undecided voters from our final poll
before the referendum, we would have been
predicting an 80% Yes vote. As it was we argued
that all the undecided voters would vote No, and
published a final poll predicting 69% would vote
Yes.
This phenomenon was also apparent in the
Childrens and the Oireachtas Enquiries
referendums, with at least 70% of undecided voters
ending up voting for the status quo if not more. An
Irish Times/MRBI opinion poll taken in the week
before the Oireachtas Enquiries referendum
suggested it would be passed by at least 74% when
undecided voters were excluded. A week later the
referendum was defeated by 53% voting No and
just 47% voting Yes. Even if 100% of the undecided
voters moved to No or the Status Quo, then the poll
would still have only suggested 43% were going to
vote No. But at least it would have been
significantly closer to the final result.
Learning undecided or wavering voters are far
more likely to vote for the status quo than for

change, assuming they turn out.

Shy Voter Effect
Referendums can often be far more emotionally
charged than political party elections. With strong
and emotive arguments being made on either side,
voters can sometimes feel shy about expressing
their opinions, particularly when it appears to be in
the minority.
This was particularly evident in the recent Marriage
Equality Referendum where many of those that
didnt want to see change happen felt somewhat
compelled to silence by the overwhelming media
support for Marriage Equality. This meant all of the
polls underrepresented their views. In fact, even
when allocating most undecided voters to the status
quo, the final polls in Ireland were still at least 7%
too positive for the Yes camp.
Only RED C, using a Wisdom of Crowds approach
in an aim to overcome this shy voter effect, correctly
predicted the result with 100% accuracy.

In the Marriage Referendum campaign the No side

had not been strongly represented, with no political
party on the side of the No camp, and the media
firmly in the Yes camp. So it wouldnt be a surprise if
voters were shy about telling us they plan to vote
No.
In our polls running up to the referendum we also
saw that many voters claiming that they will vote
Yes still had reservations about some of the claims
being made by the No camp. To get behind this for
our final poll, we used a Wisdom of the Crowd
approach to polling. As well as asking how our
representative sample of voters will vote

themselves, we also asked them what they thought

the final result might be.
This aimed to take into account the conversations
that voters are having with family and friends about
the topic, and how they see people voting on
Election Day. Once the 1% of dont knows were
excluded, this analysis predicted the final result with
100% accuracy! Suggesting that there was indeed a
shy No voter effect in the standard poll analysis.
Learning watch out for a possible shy voter effect
on your referendum polling.
So how might these two referendum poll learnings
from Ireland impact on the UK Brexit polling result?
Firstly, it is clear that the status quo in this instance
is to remain as part of the EU. As such, based on
this learning from Ireland, we might assume that a
large majority of undecided voters in the UK Brexit
polls that are still definitely planning to vote will end
up voting to Remain.
What the UK Thinks, (http://whatukthinks.org) is a
web site run by John Curtice, one of the most
respected political scientists in the UK, in order to
give an unbiased view of all the polling data
available. It runs a poll of polls analysis, using the
most recent 6 polls from reputable polling
companies in the UK. At the time of writing

(Sunday 19th June) it has the two camps neck and

neck at 50% each.
However if we were to create an exact replica of the
poll of poll average, but were to allocate ALL the
undecided voters to end up voting for the status
quo, it would show the Remain camp at 55% and
the Leave at 45%. Even if only 70% of undecided
voters end up voting for the status quo, it would still
put the Remain camp ahead at 52%.
Secondly, there is certainly potential for voters on
one side or the other, in what has been a very
emotive campaign, to feel shy in expressing their
views on how they plan to vote.
RED C has been working with partner pollsters in
the UK in order to try and replicate the Wisdom of
Crowds approach for Brexit, that RED C used in
Ireland at the Marriage Referendum. ORB
International are the UK member of the WIN Gallup
International network along with RED C. In their
Brexit polling they asked the exact same wisdom of
crowd question used by RED C.
ORBs topline published poll vote intention results
on the 10th June showed 55% Leave and 45%
Remain. But the Wisdom question asked of the
exact same voters suggested a 52% Remain and
48% Leave result was being predicted by their
representative crowd as the likely result. While this

poll was taken some time ahead of the referendum

itself and so cant be used to predict the result itself,
the difference between the wisdom prediction and
the topline vote intention results suggest at that
stage of the campaign that shy voters were more
likely to be in the Remain camp.
More recent polling, in particular since the death MP
Jo Cox, and the unveiling of Nigel Farages antiimmigration poster, has seen the wisdom of crowd
question produces the opposite result.
In other words, as the topline vote intention poll
results have moved more in favour of the Remain
campaign in the past week, the crowd is suggesting
a result that is far closer and even possibly in favour
of Leave. This may seem at odds with earlier
results, but could also suggest a new underlying shy
voter effect, this time among Leave voters who no
longer want to admit to pollsters that is how they will
vote as the media narrative possibly turns against
them.
So how does this help us to predict the Brexit
Referendum result itself?
We preface our conclusions by stating that of
course no one referendum is exactly the same as
another. Having said that, if the same issues for the
pollsters in recent Irish referendum are taken into
account, then the current Brexit picture is possibly

more positive for the Remain camp than the topline

poll results suggest based on the impact of the
status quo effect, but these gains could be
balanced out by any underlying shy voter effect.
The status quo effect certainly appears to favour
Remain. In fact, the Remain camp could potentially
secure as much as 55% of the vote based on polls
to this date, despite only securing 50% of the poll of
poll average at this stage. Most recent polls
released today also suggest a greater move to
remain, which could push the Remain vote up to
mid to high 50s if the status quo undecided voter
impact is at play.
This then needs to be countered with a possible
shy voter impact in the opposite direction,
potentially pulling the vote closer.
As we dont have the full data itself from the polls, it
is very hard to determine exactly how much impact
each poll effect may have. However to hazard an
estimate of where the two factors might balance out
I am suggesting a possible result that sees a
Remain victory, in or around 53-54%.
Only time will tell if this analysis holds true and that
the Brexit referendum has these two Irish
referendum poll effects at play, in another country
and a very different referendum, but it will be

provide an interesting lesson for pollsters should

this pan out.

Little confidence in new

Government Paddy Power
Poll
Published by: Richard Colwell
2016.05.13

Confidence in Government to Last

Over half the population (52%) do not
have confidence in the government to run
the country, including 20% of Fine Gael
voters, and 69% of those who voted for
Independent candidates. Confidence is lowest
among the 25-54 year old age groups.
It is no surprise then that almost half of
all voters (45%) do not believe the
government will last more than a year, with
almost a third (31%) of Fine Gael voters
feeling that this will be the case.
Well over half of all voters (56%) also
believe that the lack of a government has
been harmful to the Irish Economy.
Vote Behaviour
The slow pace of formation on a new
government appears to have had little impact
on voters claimed behaviour if another
election were to be held tomorrow, with
support for most of the major parties within
the margin of error of the actual result.
Fine Gael (27%) retain a small lead over
Fianna Fail (25%), and this is actually even

closer when decimal point rounding is

removed. Sinn Fein do see some small gains
in support rising to 16%, approximately 2%
ahead of what they achieved at the election.
Labour at 5% support are 2% below what
they achieved at the last election.
The Independent candidates appear to
have suffered most following the government
formation, with Independent Candidates
down 4% to secure 9% in this poll, while the
Independent Alliance are also down 1% since
the election, continuing an apparent
downward trend, albeit within the margin of
error.
The AAA-PBP, Greens and the Social
Democrats all appear to come out of
negotiations quite well, despite most not
having taken part, with gains for all three
parties vs the actual election results.
Figurehead Satisfaction
Micheal Martin sees his satisfaction rating
fall back from the highs of the campaign but
does still get better ratings than any of his
competitive set his rating among his own
party supporters is however at its highest
level ever. Enda Kennys ratings also fall
back, with Shane Ross (measured for the first
time) at a similar level to him. Gerry Adams
satisfaction ratings are at the lowest level
seen for some time.
Fine Gael Leadership
Almost half of all voters (48%) believe
that Enda Kenny should step down now as

leader of Fine Gael and Taoiseach, including

18% of Fine Gael voters; while a further 18%
believe he should go in the next 1-2 years.
Just under 1 in 5 believe he should stay the
full length of his term in office.
Leo Varadkar is the voters favourite to
succeed Enda Kenny, with 32% of all voters
and 39% of Fine Gale voters supporting him
to replace the current Taoiseach. Varadkar
support is relatively stronger among younger
voters, those in more upmarket social groups
and in Dublin.
Simon Coveney is the second favourite to
succeed Enda Kenny with 25% support
among all voters and 28% among Fine Gael
voters. His support is much more polarised,
with very strong support among older voters,
but much weaker support among younger
age groups.
Irish Water
A significant proportion of voters (61%)
believe that Irish Water should now be
abolished, with those in younger age groups
and Sinn Fein supporters most likely to feel
this.
Over two thirds (71%) also believe that
those who have paid their water charges to
date should be refunded, while only around a
third of voters (34%) feel that those who
havent paid should be perused through the
courts for payment.
Despite this well over half of voters
(59%) suggest that they would pay water

charges in the future were they to be

introduced again.
Download the full report below
http://www.redcresearch.ie/wp-content/uploads/2016/05/PaddyPower-13th-May-2016-Poll-Report-1.pdf

Voters Unforgiving of New

Politics
Published by: Richard Colwell
2016.07.18

We have heard a lot of talk about the need

for a new politics in the formation of this
government, but this poll appears to suggest
that voters may have little time for it. Fianna
Fail have clearly made the most of their
position as powerbroker, with significant
gains in first preference support in the topline
poll figures, which suggest that their tactics
in the government formation have worked
well.
Voters however do not appear to be taken in
by the new politics agenda. For a start,
almost half of all voters (47%) state that they
believe that Fianna Fail is really running the
government, despite being in opposition. This
is a particularly damning figure for Fine Gael,
who having gone into government, now
appear to be unable to do anything without
the say so of their arch rivals.
The fact that 2 in 5 (40%) of Fine Gaels own
supporters believe this to be the case is
clearly behind concerns being vocalised by
back bench Fine Gael TDs. It is not just
opposition party supporters who see this to

be the case but a also a large proportion of

their own supporters.
To be in power but be totally helpless and to
appear not to have control is possibly more
damaging that not having been in power at
all. Certainly many voters believe that it is
only a matter of time before things will have
to change within Fine Gael to change the
current impasse, and that is after having only
witnessed the fist few weeks of this
government.
Despite the Taoiseachs robust defence to
recent criticisms that he will remain in office
for some time to come, well over half of all
voters (57%) believe that Enda Kenny should
resign as leader of Fine Gael even before the
budget in October 2016. While you might
expect this type of view from opposition
party supporters who obviously want to see
him resign, far more damaging is the fact
that pretty much half of those still saying
they will give Fine Gael their first preference
vote (48%), also think he should go that
quickly.
For the future prospects of the party it is also
noteworthy that 60% of those that voted Fine
Gael in 2011 believe he should leave before
the budget, suggesting that those who have
left the party since then could possibly be
persuaded to return to the party, should a
new leader be elected.
This is further underlined by a direct question
to that effect, where we asked voters if they

would be more likely they would be to vote

for Fine Gael if there was a change in leader.
Overall just under half of all voters (44%)
suggest they would be more likely to vote for
Fine Gael if there was a change in leader. A
significant chunk of these voters were
already suggesting they would vote Fine
Gael, so that isnt such a big deal, but does
suggest better loyalty of vote as a result of
the change of leader.
Of more interest is the potential for the party
to win back support from other parties. With
that in mind, it is also crucial to note that
almost 2 in 5 Fianna Fail voters (38%)
suggest they would be more likely to vote
Fine Gael following a change in leader, and
half (50%) of Labour supporters express the
same positive views towards a Fine Gael
leadership change. Most importantly at all,
half of all undecided voters suggest they
would be more likely to vote Fine Gael with a
leadership change. It is clear then that a
large proportion of voters believe that a
leadership change would be of benefit to Fine
Gael, and this is brought into sharper focus
by the fact half of all voters expect to see a
new General Election by the end of the year.
With Fianna Fail fortunes rising in the polls as
support for independent candidates falls
back, and with many voters already seeing
Fianna Fail effectively running the
government anyway from the opposition
benches; there are significant warning signs

for Fine Gael in this poll. Voters believe

something needs to change quickly for the
party, before the momentum toward Fianna
Fail will be too far gone for them to do
anything about it.
http://www.redcresearch.ie/wp-content/uploads/2016/07/SBP-17thJuly-2016-Poll-Report-GE161.pdf

Little confidence in new

Government Paddy Power
Poll
Published by: Richard Colwell
2016.05.13

Confidence in Government to Last

Over half the population (52%) do not have
confidence in the government to run the
country, including 20% of Fine Gael voters,
and 69% of those who voted for Independent
candidates. Confidence is lowest among the
25-54 year old age groups.

It is no surprise then that almost half of all

voters (45%) do not believe the government
will last more than a year, with almost a third
(31%) of Fine Gael voters feeling that this will
be the case.
Well over half of all voters (56%) also believe
that the lack of a government has been
harmful to the Irish Economy.
Vote Behaviour
The slow pace of formation on a new
government appears to have had little impact
on voters claimed behaviour if another
election were to be held tomorrow, with
support for most of the major parties within
the margin of error of the actual result.
Fine Gael (27%) retain a small lead over
Fianna Fail (25%), and this is actually even
closer when decimal point rounding is
removed. Sinn Fein do see some small gains
in support rising to 16%, approximately 2%
ahead of what they achieved at the election.
Labour at 5% support are 2% below what
they achieved at the last election.
The Independent candidates appear to have
suffered most following the government
formation, with Independent Candidates
down 4% to secure 9% in this poll, while the
Independent Alliance are also down 1% since
the election, continuing an apparent
downward trend, albeit within the margin of
error.
The AAA-PBP, Greens and the Social
Democrats all appear to come out of

negotiations quite well, despite most not

having taken part, with gains for all three
parties vs the actual election results.
Figurehead Satisfaction
Micheal Martin sees his satisfaction rating fall
back from the highs of the campaign but
does still get better ratings than any of his
competitive set his rating among his own
party supporters is however at its highest
level ever. Enda Kennys ratings also fall
back, with Shane Ross (measured for the first
time) at a similar level to him. Gerry Adams
satisfaction ratings are at the lowest level
seen for some time.
Fine Gael Leadership
Almost half of all voters (48%) believe that
Enda Kenny should step down now as leader
of Fine Gael and Taoiseach, including 18% of
Fine Gael voters; while a further 18% believe
he should go in the next 1-2 years. Just under
1 in 5 believe he should stay the full length of
his term in office.
Leo Varadkar is the voters favourite to
succeed Enda Kenny, with 32% of all voters
and 39% of Fine Gale voters supporting him
to replace the current Taoiseach. Varadkar
support is relatively stronger among younger
voters, those in more upmarket social groups
and in Dublin.
Simon Coveney is the second favourite to
succeed Enda Kenny with 25% support
among all voters and 28% among Fine Gael
voters. His support is much more polarised,

with very strong support among older voters,

but much weaker support among younger
age groups.
Irish Water
A significant proportion of voters (61%)
believe that Irish Water should now be
abolished, with those in younger age groups
and Sinn Fein supporters most likely to feel
this.
Over two thirds (71%) also believe that those
who have paid their water charges to date
should be refunded, while only around a third
of voters (34%) feel that those who havent
paid should be perused through the courts
for payment.
Despite this well over half of voters (59%)
suggest that they would pay water charges in
the future were they to be introduced again.
http://www.redcresearch.ie/wp-content/uploads/2016/05/PaddyPower-13th-May-2016-Poll-Report-1.pdf

Referendum Commission:
Couples Have No Right To
Surrogacy
Posted by Neil Markey

The Chairman of the Referendum Commission, Mr Justice

Kevin Cross, answers your questions

Marriage Referendum: your questions answered

Date: May 12, 2015

https://soundcloud.com/morning-ireland/marriage-referendum-yourquestions-answered

The Referendum Commission Chairman, Judge Kevin Cross, took

part in a Q&A session on RTs Morning Ireland today, shedding

light on a number of issues that had been brought up during

debates on the Marriage Equality referendum.
The commission is appointed before each referendum, is tasked
with examining referendum proposals and then explaining them to
the public in neutral terms. The chairman of the commission is
nominated by the Chief Justice and then appointed by the Minister
for Environment, Community and Local Government. He
is answerable to nobody except the courts.

Groups like Mothers & Father have made various claims about surrogacy and
adoption in the run up to the referendum

The No campaign has continued to bring issues like adoption and

surrogacy into debates, while members of the Yes campaign have
accused them of attempting to confuse the public and argued that
these issues are not relevant.

Judge Kevin Cross took three main issues and explained them this
morning, discussing surrogacy, adoption and marriage between
certain related people.

On surrogacy:

There are no specific constitutional provisions on the issue as to

surrogacy.
At present surrogacy services are not regulated in Ireland at all. So
there is no formal legal right to access to surrogacy services and
there is no prohibition on accessing them.
The government has announced plans to regulate surrogacy
services and I understand that these plans are going to
implemented no matter what the result of the referendum.
There is, as I said, no right of access to surrogacy. There is spoken
of a right of a married couple to procreate but that right does not
and has never been defined to include a right of access to artificial
means such as surrogacy.

On adoption:

There is no right, first of all, for anyone to adopt a child. Certain

people are eligible to apply for adoption but all decisions as to
adoption, as were made clear last night by Dr Geoffrey Shannon,
must be made in the best interest of the child.
This is now, since the Childrens Referendum, a constitutional
requirement. So the referendum will not change that. A law has
recently been passed [Children and Family Relationships Bill] that
provides that same-sex couples are jointly eligible to apply to adopt
a child. Married couples and individuals regardless of their sexual
orientation have been eligible to adopt for many years.

Childrens charities, medical professionals and all major political parties are calling for
a Yes vote

On marriage currently prohibited between certain related

people:

Well what the proposal in the marriage referendum states is

marriage may be contracted in accordance with law by two
persons without distinction as to their sex. The important point on
that is in accordance with law.
At the moment, marriage or civil partnership is prohibited between
certain close relatives. The government has said that the same
prohibition will continue in relation to same sex marriages as
opposite sex marriage. So Im afraid Rachel, you wont be able to
marry your father-in-law or your mother-in-law whether the
referendum is passed or not.

Referendum
result will not
affect adoption
process Adoption
Authority
Updated / May 11, 2015

The Chairperson of the Adoption Authority of

Ireland has said the result of the upcoming
same-sex marriage referendum will not affect
the adoption process.
Geoffrey Shannon said "sole applicants have
been in a position to apply to assess for
adoption" since 1991, meaning a partner in a
cohabiting relationship can apply to enter the
process.
Speaking on RTs Claire Byrne Live, Mr
Shannon, who is also the Special Rapporteur
on Child Protection, said "the assessment
would include both people", but the order
would be granted to one of the partners.
He added the Children and Family

Relationships Act extends the right to

assessment for adoption to civil partners and
cohabiting couples who have lived together
for three years.
This would mean the child would have a legal
relationship with both partners in the
relationship.
Mr Shannon also said "the best interests of
the child is the key requirement" when
determining adoption applications.
He went on to clarify that the process
involves assessing the capacity of the
applicant to parent a child and the practical
issues of how the adoption placement will
take place.
The birth mother herself decides the outcome
of the process, with Mr Shannon saying "if
the birth mother decides that she does not
want to place her child with a same-sex
couple, that decision will invariably be
respected."
Dr Tom Finnegan, a lawyer representing the
Mothers and Fathers Matter group, said Mr
Shannon evaded the consitutional question of
whether the Oireachtas could give a
preference in law for a child to have a mother
and father.
Dr Finnegan added Mr Shannon sidestepped
the European Convention of Human Rights
jurisprudence in the area, so it is a
incomplete answer.
Senator Rnn Mullen, advocating a No vote,
and Minister Simon Coveney, calling for a Yes

vote, took part in a debate on the issue on

the same programme.

Earlier, Taoiseach Enda Kenny said he

remains "confident" that voters will support
proposals to allow same-sex couples to
marry.
Speaking in Co Mayo, Mr Kenny defended the
right of Catholic bishops to make their views
known ahead of the referendum.
A number of bishops expressed concerns
about the proposed change to the
Constitution over the weekend.
Mr Kenny said the issue of same-sex
marriage was not about the Catholic Church
or any other church.
He said the referendum had nothing to do
with children, religious ceremonies or church
teaching.
Instead, he said it was about ending
discrimination and giving two people who

love each other the right to marry.

Mr Kenny said he was confident that people
would ratify the amendment.
However he said it was important that they
went out and voted to demonstrate their
motivation for seeking constitutional change.
Meanwhile, Minister for Communications Alex
White has said he believes the outcome of
the referendum is a lot more finely balanced
than people think.
He said he was sceptical about opinion polls
showing a significant percentage in favour of
a Yes vote.
Mr White is the Labour Party's Director of
Elections for the same-sex marriage
referendum.
Speaking this afternoon, he said he was
confident that voters would approve the
proposal but that he was not taking anything
for granted ahead of polling day.
He said in the lead up to 22 May, the topic
was becoming more "hotly contested".
http://www.rte.ie/news/2015/0511/700309-same-sex-marriagereferendum/

Children and Family

Relationship Bill
passed in Seanad
Updated / March 31, 2015

Minister for Justice Frances Fitzgerald, debated aspects of

the legislation for over eight hours today

This is the actual article body

The Children and a Family Relationship Bill

has passed in the Seanad, after 122

amendments and days of debate.
Senators, along with Minister for Justice
Frances Fitzgerald, debated aspects of the
legislation for over eight hours today.
The Bill extends guardianship, custody and
adoption rights to different family situations.
Under the bill, same-sex civil partners and
co-habiting couples will be able to jointly
adopt children.
The Bill, also enables a spouse, civil partner
or partner that has lived with a parent for
three years and has looked after the child for
two years, to apply for guardianship on dayto-day matters or custody.
It will give family step-parents and
grandparents, greater access to children
when relationships break down.
Out of the 22 Senators that voted on the fifth
stage of the legislation tonight, two voted
against the Bill.
They were the Independent Senator Rnn
Mullen and Fianna Fil Senator Jim Walsh.
The latter resigned the party whip last week
over his opposition to the legislation.
http://www.rte.ie/news/2015/0330/690964-child-and-family-bill/
Marital Breakdown A REVIEW AND PROPOSED CHANGES
http://opac.oireachtas.ie/AWData/Library3/Library2/DL040836.pdf#p
age=11

Marriage Equality? It Shouldnt

Even Be A Question
Posted by Lauren Halligan
Date: March 16, 2015

Ive always believed democracy to be a double-edged sword. After

all, democracy is to blame for Ireland getting a Fianna Fil
government in five consecutive general elections (this is despite
there being very few people who will openly admit to having voted
for them at the time. I digress.)
A point of pride in the Irish political system is the fact that we must
ask the people before making any changes to Bunreacht na
hireann. Be it changing the minimum age of voters from 21 to 18
in 1973, or bringing in divorce in 1996, we have gone to our people
and let them have the final word. Its a good system, usually, and I
say that as someone who has not always agreed with the outcome.
https://en.wikipedia.org/wiki/Amendments_to_the_Constitution_of_

Ireland
But it galls me to see the referendum on Marriage Equality take
place in May. Not because I dont want to see it come in; on the
contrary, it makes me sad that such a thing should even be a
question. Why on earth should I, a straight person, even have a
say in whether my gay, bisexual, transgender or queer friends
should be allowed to marry whomever consenting adult that they
want to? My friends generally dont dictate any of the terms of my
romantic relationships (except for my best friend- who,
unfortunately, is almost always right, damn her). They dont get to
determine who I marry, date or sleep with- and if they tried Id most
likely tell them where to go.
Yes, democracy is a beautiful thing about 90% of the time. But it
hurts to think that, even if this referendum passes 80/20, that is still
20% of our fair nations populous that doesnt believe that gay men
and women should be allowed to enjoy the same familial rights as
them. The part that truly scares me is that, with a figure of 20%, we
are not talking about the older people who hail from the more
traditionally conservative and religious parts of the country. The
idea that younger generations (and Im talking about people under
40-45 here) could vote against marriage equality frankly astounds
me.
Im well used to knowing people of my own age range, and
younger, who are simply not on the same page as me in terms of
social issues. The ongoing debate regarding a womans right to
choose would be the best example I can think of in this instance.
Many women my age are against abortion. I dont agree with them
even slightly, and will fight to the bitter end to see an end to our
deportation of the problem, but I can at least understand their
argument. I can understand the crux of their debate, even though it
is the polar opposite of mine.
The morning after the Irish Republic voted to introduce divorce, the
sun still rose. Many had argued that the very fibre of the Irish family

would disintegrate. Have the instances of marital breakdown

increased? Not really.But now there is an out; battered wives
(and husbands for that matter) no longer have to remain tied to an
abusive spouse. Couples who are simply unhappy in their union do
not have to resort to acting out the best scenes of Whos Afraid of
Virgina Woolf? They can walk away and be happy. The Irish
happiness barometer probably hasnt increased dramatically, but
since when were we not a bunch of complainers?
Equal marriage rights for the LGBT population, much like evolution,
is not for us to get. There shouldnt even be a debate on it. There
is no row somebody could possibly put forward that would sound
even slightly un-bigoted. I have seen the fight likened to that of the
Civil Rights Movement America experienced in the 1960s.
Nowadays the majority of right-minded people look back at how
archaic the whole thing was; segregation is, rightly, seen as a stain
on humankind. And yet, it wasnt just the KKKs finest who were
vocal opponents of desegregation. Many regular Joe and Janesoaps were just as against it. Its those wolves in sheep drag that
we should be paying attention to this time around too.
Its not enough to assume that this referendum will pass easily.
Dont take it or granted. Lets make Ireland a more loving place.

Arguments Against Equality

Posted by Lauren Halligan
Date: April 21, 2015
in: Opinion, Society

In the run up to May 22nds Marriage Equality Referendum, there

have been many answers given by opponents when asked for their
reasoning. As outlined below, none of them make a lick of sense.
While people are absolutely entitled to their opinion, I have yet to
see an opposing view that doesnt make me facepalm or stare into
space fearing for the future of humanity.
If you are an opponent with a vastly differing thought process to the
ones below, please feel free to comment below. I welcome healthy,
insightful and intelligent debate. Im just not being provided with it
so far.
My religion says its an abomination

Oh just about everything is a sin. Have you ever sat down and read this
thing? Technically were not allowed to go to the bathroom.

If youre a Christian, remember that the Bible also gives out about
mixing different fabrics, eating shellfish, planting different crops

alongside each other and doing pretty much anything (including

using scissors) on the Sabbath. Oh, and it says that my father is
totally allowed to sell me for a few goats/sheep. If it were socially
and legally acceptable to do that, Im guessing he probably would
have during my teen years.
If you dont wear poly/cotton blends and also stay in bed for the
duration of every Sunday (other than attending church), then this
argument may have slightly more weight. But Im going to go out
on a limb and say you probably dont abide by these utterly
ridiculous and antiquated rules. So dont bring religion into it.
Sure thats only one step away from a man being allowed
marry his dog
Everyone gets pre-wedding jitters

Wow. Two consenting adults affirming their lifelong commitment to

each other is vastly different to a man marrying his Yorkshire
Terrier. Mainly because of the whole different species thing and
the Yorkie being unable to say vows or sign the registry. Unless
hes Scooby Doo. In which case, I have some questions of my
own.
Its unnatural
Bisexual penguins. No, really.

Oh hey- that new hair colour looks great on you. Didnt you used to
be a brunette? Oh, sorry- I cant hear you over my television. And I
got distracted by cat videos on YouTube. And now I have to go pop
a pain pill for the headache this conversation is giving me.
We use hundreds of unnatural advantages in life every day. By
choice. Sexual orientation is not a choice and is perfectly natural,
occurring since mankind began and across the animal kingdom. A
gay person has about as much choice in the matter as you do over
how you take your coffee. You like it a certain way, and nobodys
going to change that. After all, why on earth would it even bother
anyone?
Its gross

Do you ever think about your parents doing it? Yeah, I knowshudder inducing, right? Should they be banned from doing it?
Just because you dont like thinking about it, doesnt make it
inherently wrong or disgusting. If your parents had never gotten
down to the nasty, you wouldnt be around for this nice chat- and
wouldnt that be awful?
You probably dont think about straight random strangers having
sex, so why are you wasting your precious brain cells thinking
about gay people doing it? Its about as much your business as
wondering what your mam and dads favourite position is.
It undermines my marriage

Chaotic scenes as divorce is legalised

If you were married before 1996, did the Divorce Referendum

cause you to spontaneously leave your spouse for no real reason?
That exact argument was used in the run up to that vote too, by

people who felt Ireland didnt need the option of divorce.

I hate to be the one to break it to you, but if your marriage is on
shaky enough ground that the nice lesbian couple down the road
being allowed to marry each other is enough to fundamentally
damage it, you didnt have the strongest of partnerships to begin
with. Unlike Sarah and Mary four doors down.

Support for the Government parties has

increased in the latest opinion poll.
There has been a fall in support for Sinn Fin
and Independents, while almost three
quarters of those surveyed said they would
vote yes in the same-sex marriage
referendum.
This is the first Sunday Times Behaviour and
Attitudes Poll since the Coalition parties'
recent conferences.
Fine Gael support is up three points to 27%,
while Labour has risen four points to 9%.

Sinn Fin on 19% is down three points in this

poll that surveyed people for one day
following the BBC Spotlight programme last

Tuesday night.
Fianna Fil remains unchanged on 18%, in a
trend that has been consistent for some time.
Independents and smaller parties are down
three points to 27%, since the last
comparable poll in December.
Meanwhile, some 73% of voters surveyed
said they would vote No in the same-sex
marriage referendum, 33% are for a yes Vote,
the proposal and 5% are classed as dont
knows.
Tiernan Brady of 'Yes Equality', a group
campaigning for a yes vote in the referendum
said the poll shows a clear majority of Irish
people believe all citizens should have the
freedom to marry in Ireland regardless of
sexual orientation.
He added: "It is clear from this poll and other
recent polls that Irish people firmly accept
that lesbian and gay couples should be
afforded the same respect, legal status and
protections in the Constitution that are
available to the rest of society."
In the second referendum planned for 22 May
- 55% of those surveyed were opposed to
lowering the age of presidential candidates,
40% were in favour and 5% were in the don't
know category.
The poll surveyed 959 people over ten days
up to last Wednesday night.

Article 10 of the Irish Constitution

ALIENATION means the Government can Sell, Rent, Loan, Hire out,
or any other means the Disposal of Air, Oil, Gas, Water, or any other

Natural Resources.in Ireland on OUR Behalf REFERENDUM ON

ARTICLE 10 TO BE DELETEDREPLACED BY NEW ARTICLE TO SAY THE
NATURAL RESOURCES OF IRELAND,Air,Gas. Oil, Water,Forests,and all
other Nature Resources, BELONG TO IRISH PEOPLE.TO BE MANAGED
AND UNDER THE CONTROL OF THE IRISH PEOPLE

They have some cheek after the way they treated the water
protesters
Personally I don't think the public should support them in any
way...water meters and pettiness spring to mind...the public have
long memories or at least some of us do...
I happen to agree with you on this. Ireland needs to remember what
the gardai have done since the crash of 08 and exactly whom they
have gone after. Senior citizens without a tv licence. Protesters.
Children (re Joan Burton) ..... not a banker, not a politician, not a civil
servant ..... just Joe Soap...... While I understand the gardai follow
orders, there is a small thing called their constitutional oath. They
have let the people of Ireland down massively in the last 8 years.
I thought this was all sorted behind closed doors. Just the threat of
polling their members about whether gardai should be legally
allowed to strike has resulted in a deal. It is amazing how much the
publics view of the gardai has changed in the last decade.
fuck the cunts. the are a shower of little yes men cunts and facist
pricks. fucking blue shirt cunts

At last someone speaking the absolute truth!!

It is pathetic to refuse tax income
We were told recently that Ireland could recover 13bn in written-off
taxes. Now it seems that we could get back 130bn (Irish Examiner,
September 8, 2016). Thats ten times what we were originally told.
With accrued interest, we would well recoup 190bn. The original
13bn now seems like chickenfeed on the tip of the iceberg.
If the 190bn were allocated equally, then every man, woman and
child in this republic would receive 40,000. I would welcome any
loose change. We would all welcome negative income tax. It would
kick-start the economy again. Instead, the Government fears that
the gift horse is a Trojan horse.
The Revenue collected for 2014 totalled 65bn. We could have cut
taxation for that year by 23bn. It is pathetic to refuse what is
rightfully ours.

So the gardai will go on strike ... I wonder if this will be like

their last strike whereby they refused to issue tickets to
the general public. Hurting the states coffers yet the boys
in blue were still around to their real jobs and deal with
crime.

So our Irish government are letting APPLE off with 13

billion euro but there chasing the people of Ireland for
water charges.
Well i say fuck apple!!!!
Do we get a discount if we go to buy a brand new apple
iphone6 or 7???
We do in our arse!!!
Ireland has turned into the most corrupt state in Europe
and people are still cutting other people to shit when they
talk about corruption !!
Will people ever cop the fuck on!!
Get rid of labour, Fine Gael, Fianna Fil, sin Fein etc etc!!
All they are looking for is a blow in government for a
couple of years to boost their bank accounts!!
There the most corrupt cunts that are crying for power and
when they get in they reak havoc on The country.
Everything belonging to Ireland is being sold off and
nothing is being done about it!
The people that are awake to all this shit are fighting for
this country and the rest are looking on complaining about
how idiotic people are protesting and not paying their
bills , and paying revenue.
Well all I have to say is they are the cunts that are so
brainwashed to see what's going on.
Evictions are flat out in place.
The banks got their money back that they lost, the
government bailed them out but they will double their

money by taking all the property back that they

mortgaged to people and sell it off again!!
Yawn yawn yawn yawn,
WAKE FUCKING UP PEOPLE!!
THE GOVERNMENT ARE THE CROOKS, along with the
banks!!!
STAND UP , PROTEST AND STOP THIS SHIT GOING ON!!!
Rant over!
the dirty deed was done withapple executives back in the early
1990s and our TDs took a brown envelope to let them do this,
Fianna Fail and Fine Gael are just protecting the crooked TDs that did
the deal with apple back then thats why they dont want the 13
billion back in case it opens a major investigation into exactly who
broke our laws to let apple off the hook, name and shame the FF
and FG TDs involved thats what the people of Ireland want.

Fianna Fail has seen a drop in public support for the firsttime since the general election, according to the latest
opinion poll.
Michel Martin's party is still the most popular in the
country with 27pc of the vote but it has dropped two
points since the last poll.
Fine Gael has dropped a point to 25pc and is continuing to
trail behind Fianna Fail.
Sinn Fin has seen a slight rise in support and is up two
points to 15pc. The Labour Party is up one point to 7pc,
while the Anti Austerity Alliance-People Before Profit is also
up one to 6pc.
The Independent Alliance is down one to 4pc while the
Green Party is down two points to 2pc.
The Social Democrats remain unchanged at 4pc, despite
recently losing Wicklow TD Stephen Donnelly.
After losing public support after the general election, nonaligned Independents have recovered slightly and are up
three points to 10pc.

the polls will always have the two of them at over 50% - It is to
cement the "inevitability" factor ... a leak from Greece suggests that
polls were ordered to be manipulated by up to ten points in favour
of the desired result ! ...Welcome to the E.U

There are now serious questions now been asked about

the Right2Water submission to the expert group on the
future funding of domestic water services and
improvement on water quality. While there are questions
as to the failure of R2W to include issues from fluoride in
the water to the issues relating to the radio active smart
meters and all the other issues in between the major
concern been raised now is the change to article 28 of our
constitution. R2W want article 28 .4:2.1 changed to
"""The Government shall be collectively responsible for
the protection, management and maintenance of the
public water system. The Government shall ensure in the
public interest that this resource remains in public
ownership and management.""" This gives the ownership,
and management of our water to the existing government
(or a quango appointed by the government) and the line
(in the public interest) gives the government (or that
quango) permission to sell our water at any time if they
believe it would be in the public interest to do so. R2W
members should now clarify when, where and why did
they agree this submission and why do they support a
submission that calls , on behalf of their members, for the
sitting government to own, manage and control the water
that belongs to, and should always belong to the Irish

People. http://www.right2water.ie//Right2Water
%20submission%20to%2
The Children's Minister says it has not yet been decided
whether or not a sugar tax will be included in next year's
budget.
Minister Katherine Zappone says she would like to see a
sugar tax, which is in the Programme for Government, to
be introduced as soon as possible.
A ten-year strategy to tackle obesity was launched by the
Health Minister Simon Harris earlier today.
It aims to help adults and children to reduce their excess
weight by 0.5% a year.
Among the 60 measures include the creation of 'No Fry
Zones' around schools and hospitals, a revised food
pyramid and recommendations that food companies
reduce levels of salt, sugar and fat.
Children were also consulted on the plan, and they will be
helped through education programmes at school.
The plan has been described as incredibly ambitious, and
Minister Harris has said there will be funding for the
strategy.
Details of Budget 2017 are due to be announced next
month, but Minister Zappone says whether it will include a
sugar tax is undecided.
She told Newstalk Drive: "There is a commitment to that in
the Programme for Government. It would be my hope we
would see it now, in terms of this budget.
"But it is Minister Noonan who is making that decision, and
that has not been made public yet."
With two-in-three Irish adults and one-in-four Irish children
overweight or obese, health professionals say we are on
course to become the fattest country in Europe by 2030
unless urgent measures are introduced.
The Royal College of Physicians in Ireland has welcomed
the new Government plan, but says it is vital that it is fully
resourced.
Prof Donal OShea, co-chair of Irelands Policy Group on
Obesity, said: It is no exaggeration to say that the
success of Healthy Ireland depends on the implementation
of this obesity policy and action plan, which follows the
national physical activity plan.
"The number of people who require bariatric surgery and

other treatments is very significant and this plan

acknowledges the need for further investment in this type
of treatment to address health issues in people who
currently are experience poor quality of life as a result of
their weight."
He added that the group believes waiting for another year
for a sugar tax "is a lost opportunity".

Minister for Foreign Affairs Charlie Flanagan in an address

to the UN has called for greater coordinated international
effort in response to the Middle Eastern and African
migration crisis.
Speaking at the 71st UN general assembly in New York on
Saturday, Mr Flanagan evoked Irelands long experience of
emigration saying that it forms the enduring backdrop to
Irish foreign policy.
That part of our past is unfortunately the tragic present
for others, he said.
The vast scale and sustained nature of the movement of
migrants and refugees is bewildering, he said, and
threatens to overwhelm the rules-based migration
systems of countries. He cited the violence in Syria, the
barbarism of the Islamic State militant group, the
collapse of order within Libya and ruthless people
smugglers as the causes of the crisis.
These are challenges that no one country can resolve
alone, he said. These challenges that must all be tackled

at the same time. These are challenges that require the

international community of nations to work in close
cooperation to overcome.
Mr Flanagan paid tribute to Irelands representatives at
the UN led by Ambassador David Donoghue, who cochaired five months of negotiations leading to this weeks
New York Declaration. The agreement is aimed at offering
greater protections to people migrating across borders
and adopted at the first high-level UN summit for refugees
and migrants on Monday.
Ireland accepted their leadership role at the UN because
we know that no country by itself can resolve the vast
challenges the world currently faces, he said.
The Minister asked for the support of other countries
behind Irelands election to a two-year term as one of the
10 non-permanent members on the UN Security Council in
2020.
We believe that our values and principles and our
steadfast commitment to the UN will enable us to make a
valuable contribution if we are successful in that election,
he said.
Ireland seeks election to the council every 20 years and
last sat on the council in 2001 and 2002. The
Governments role in co-facilitating the Sustainable
Development Goals and New York Declaration are
expected to help Irelands chances of being elected for the
2021-2022 term.
Referring to the efforts to tackle world poverty and
inequality, Mr Flanagan said there also needed to be
renewed investment effort to address conflict prevention
and resolution, another driver of the mass movement of
people.
These are the values and principles that Ireland stands
up for through our engagement with the UN system, and
which will inspire our contribution to the UN Security
Council should you, the membership, entrust us with that
responsibility in the 2020 election, he said.
Mr Flanagan in his speech referred to the specific Irish
responses to the migrant crisis, including the deployment
of naval ships to the Mediterranean in search and rescue
missions.
He made no reference to the bureaucratic delays that he

and his cabinet colleague, Tnaiste Frances Fitzgerald

referred to on the fringes of the UN this week that has
prevented the Government reaching its target of resettling
4,000 people fleeing the five-year conflict in Syria.
Mr Flanagan argued that the implementation of the
Sustainable Development Goals, the UNs 2030 targets
created in negotiations co-chaired by Ireland and aimed at
tackling global problems such as world poverty, could
address many of the root causes of mass migration.
Lack of economic opportunity is a substantial driver of
migration, he said.
Acknowledging the peace agreement ending five decades
of conflict in Colombia, Mr Flanagan said that Ireland was
actively committed to supporting the countrys peace
process to which Mr Flanagans predecessor Eamon
Gilmore is the European Unions envoy.
We are pleased to offer whatever assistance we can to
the process of rebuilding the country after decades of
violence, including through sharing experiences from
Northern Ireland, he said.
The Minister said that Ireland supported efforts to reform
the UNs coordinated response to increasingly complex
humanitarian needs around the world, including the
protection of vulnerable groups in emergencies, notably
women and girls.
Collectively we must ensure that in addressing crises
closer to home we do not allow more protracted crisis, not
in the headlines to be forgotten, he said.

What about a strategy to root out curroption, crooked lying

politicians and rampant Cronyism in Ireland.

1. The Circuit Court Rules.

2. The Circuit Court Seals.
3. The Signing of Orders.4. New Contracts from lending
institutions.5. The Sheriff and his/her powers to possess
a family home. 6. MABs, the Circuit Court and its merits to
save your family home.7. Newbeginnings and its merits on
saving your family home.8. The PIP in the Courtroom and
saving your family home.9. The Solicitor and saving your
family home.
"Fool me once, shame on you; fool me twice, shame on
me". Over the next couple of weeks we will go to print on
our handbook, it will be available to everyone who wants
it: hard copy and printable PDF: when do I stop paying;.
The facts dictate your answer.
Ask one question in all of the above and ask the Registrar:
if I do as you want, will that Save My Family Home or am
I just Drip Feeding a Bust / Broken System?????
Give it to me in writing that what you are offering me in
Court today will save my family home, if not then I am
pissing against the wind!
Must be an election brewing ...

Support for Sinn Fin and independents up - poll

For the second week in a row an opinion poll has suggested an
increase in support for Sinn Fin and unaligned independents, while
there has been a slight drop in support for both Fianna Fil and Fine
Gael.

We are back and we are effective said leader Eamon

Ryan as the Green Partys annual think-in at its
headquarters on Dublins Suffolk St wound down early on
Saturday afternoon.
Speaking just before most of 30 or so delegates in
attendance left to join the March for Choice, Mr Ryan was
upbeat even as he expressed concern that the
Government was going right back to the same economic
model that created the boom and bust.
He warned against focussing on growth at all costs and
pumping up the property market again and called for a
revolutionary change in the way our country works.
He said the country had to address the climate crisis and
pointed out that there was everything to gain from
switching to a more sustainable economic model.
Environmentalism is no longer about just environmental
issues. Its about building better housing, transport,
energy, food, health and education systems, he said.
He said a better Ireland could be delivered by building
consensus through involving as many people as possible
in decision making. That is why we work with every party
in the Dil. That is why we collaborate with the

Government when we support what they are doing and

highlight their failings when we need to.
Mr Ryan suggested the left versus right political divide was
disintegrating in the Republic and he pointed to Fianna Fil
aligning with the Socialist Party in regard to water charges
and Fine Gael and People Before Profit appearing as bed
fellows when it comes to tax cuts.
Both sides still stick to an out-of-date growth model that
is not delivering for our people. We need both state
enterprise and responsible business. We need both social
protection and individual personal responsibility. More than
anything else we need to protect our childrens future by
acting in their interest now.
Deputy leader and newly elected TD Catherine Martin
described the first term of the new Dil as a good one for
the party.
Already we have shown what can be done with three
representatives. We passed a motion in both Houses on
the same day calling for the release of Ibrahim Halawa, we
brought 5,000 acres of Dublin mountain that up for sale by
Nama into a national park and we changed the terms of
the reference of the Citizens Convention to start a new
national dialogue on climate change.
She said a bill proposing a directly elected Lord Mayor for
Dublin would be central to the partys activity when the
Dil resumes and called for all party support for the
proposals.
When asked if he had a target for the number of Dil seats
he would like the Green Party to win at the next election,
Mr Ryan said they had six seats when they last formed
part of a government.
I think you need those sort of numbers and that is what
we should be aiming for. And then in the next election we
should double that. And then double the number of seats
again in the election after that. Becoming a large
mainstream political party has to be our aim.
Eamon ryan not a hope distroyed the green party

According to a recent ICTU (Irish Congress of Trade Unions)

study of its members, just under 30 per cent of parents
rely on relatives for childcare, about 30 per cent on
childminders in their own or the parents home, and about
32 per cent on professional crches, with 8 per cent using

community crches.
So at the moment, only 40 per cent of parents opt for
crche-based childcare. Yet Dr Katherine Zappone is
proposing to subsidise only one model of childcare
crches.
Of course, some people may be relying on relatives
because they cannot afford anything else, but many
families prefer to have their children minded in a noninstitutional setting. Grandparents, relatives and
neighbours have an emotional investment in children that
is hard to replicate.
There has also been a lot of talk about subsidising
childcare for the squeezed middle who pay for
everything.
I am strongly in favour of subsidising the poorest families
who need the most support, and I also think the
Government should help all families do what is best for
their children.
That is not the same as incentivising parents to put their
children into childcare centres. The Government should
adopt a neutral stance when it comes to options that
parents choose.
Childcare costs are very high, and people find them hard
to afford, but the answer is not to make direct payments
to childcare providers.
Enabling parents to mind children
Our economy has evolved to demand two incomes even
for a basic standard of living. Mortgage and living costs
are exorbitant. It is very difficult for people to make a real
choice between say, full and part-time work, because if
you wish to own a home, you need two incomes.
If childcare costs are paid directly to providers, it
immediately reinforces the dual-income model and
reduces choice still further. Caring for children involves
costs no matter what you do, but the trouble is, some
costs are far less visible.
Take opportunity costs. If one parent decides to work
fewer hours in order to mind children, there is an
immediate cost because of lower income, reduced
promotion prospects and it even affects pension provision.
It is not as visible as having to pay the crche every
month, but it is a significant cost, nonetheless.

Michael Noonan and Department of Finance boffins are

very well aware of the basic economic concept of
opportunity costs but they often choose to ignore it.
Why should the Government subsidise childcare costs, and
ignore opportunity costs? Unless they have an ideological
commitment to having everyone in the paid workforce, a
commitment that has nothing to do with the welfare of
children?
Dr Katherine Zappones proposal to pay part of families
bills for childcare directly to childcare providers is wellintentioned but short-sighted, and will have predictable
negative consequences.
Dr Zappone has always had an interest in childcare. The
organisation that she co-founded with her wife, Ann Louise
Gilligan, An Cosn, is involved in childcare in three
different ways, including Rainbow House, Fledglings
childcare centres, and running training courses for
childcare workers.
According to a video on the An Cosn website, at any one
time 10 per cent of children in Rainbow House are there
because of health services referrals, because the families
are undergoing a time of crisis or need extra support.
Fledglings is another not-for-profit service, which An Cosn
advocates rolling out as a model across the country.
Disadvantaged children
An Cosn is in a disadvantaged area, and children who
grow up in poverty benefit most from early childhood
education. The Fledglings childcare centres are based on
Irish guidelines but also on a US programme called
HighScope, or the Perry Preschool model, a successful,
high-cost, intensive intervention with poor children that
also works with parents.
While there is a strong argument for subsidising targeted
early childhood education for severely disadvantaged
children, there is little or no evidence that children from
advantaged backgrounds receive the same benefits.
James Heckman, the US Nobel Laureate and economist,
has researched this question extensively, and his
conclusions are blunt.
It is foolish to try to substitute [with childcare] what the
middle-class and upper-middle-class parents are already
doing.

In other words, children in middle-class families are being

educated by their families in a way that is easier to
accomplish if you have benefited from education and
greater opportunities yourself.
This is not a battle between stay-at-home parents and
those who choose, or are forced, to go out to work. The
world of work is changing. People move in and out of the
workforce much more often than in the past, or work
reduced hours, or work from home.
So in Dr Zappones model, everyone pays higher taxes to
facilitate crche childcare, which many people do not
want. If you incentivise a one-size-fits-all model such as
crches, you reduce peoples choices, and you make
workplace flexibility much more difficult for people who
want to work reduced hours.
The only fair option is to give the money directly to
parents to use as they see fit, whether that be to pay for a
crche, to pay Granny, to help one parent stay at home, or
to reduce their working hours.

The End
So who exactly are the much-talked about squeezed
middle? They are the people who are working and earning
but still struggling to pay their bills.
They are hard-working and feel hard done by. Certainly in
the case of those who bought houses at the top of the

market and have suffered tax hikes to help pay for the
collapse, they have good reasons to feel squeezed and
sore.
This group provides a huge political conundrum for the
Government as it frames the budget. There are so many of
them there simply isnt enough cash to spare to put any
noticeable amount of money into their pocket.
The most striking thing about this group is its size. Close
to one million taxpayer units have earnings between
30,000 and 100,000, according to figures from the
Revenue Commissioners. Each unit is either a single
person or a two-income couple on joint assessment. You
could argue what is squeezed and what isnt a single
person on 100,000 is well-off, but a two-income couple
on 50,000 each, with kids and a boom-time mortgage,
are not
This middle group pays not far off half of all the income
tax and universal social charge (USC) now being collected.
They are the workhorses of the tax system. Above them
and below them are the the two other distinct groups in
our tax system.
Lower earners
Below, in income terms, are the lower earners who pay
very little or no tax on their incomes. In the wake of the
crash, tens of thousands were brought into the net via the
introduction of the USC. In the last few years, they have
been reversed back out again with some 500,000
removed from the net, according to a report this week by
the Irish Tax Institute. One-third of earners now pay no tax
or USC.
Then there is the 100,000-plus category. This group of
almost 150,000 taxpayers earns over one-quarter of the
income declared for tax and pays more than 45 per cent of
the income tax and USC.
The problem for Minister for Finance Michael Noonan is he
is now in a financial cul de sac in terms of helping this big
group in the middle ground. He can trim USC a bit. But to
help pay for this, tax credits and bands will not be indexed
for wage inflation, meaning more of any wage increases
will go to tax. The net gains for most will be tiny.
What of the other two groups? Since the USC cuts started
a couple of years ago, the previous government moved to

restrict gains to those earning over 70,000, by capping

their benefits from USC cuts. All the signs are that this will
continue. So this group will not benefit either.
This leaves the lower earners, some of whom may gain
from a further rise in the USC ceiling, though a portion of
the extra cash could be clawed back by moves to raise
more PRSI from this group.
USC cuts
The politics of this is that the big group in the middle
ground who will feel they voted for USC cuts are going to
be disappointed. And there are a lot of them. Many would
probably settle for better services in health, childcare
and so on, or more affordable housing in return for their
tax euro. But recent experience will give them little
confidence that this can be delivered. So the clamour for
lower taxes will continue.
The report this week by the Irish Tax Institute counted 50
different changes to Irelands personal tax regime
between 2009 and the last budget. The result is a hodgepodge of a tax system with a whole host of weird
consequences. And those in the middle are among the
affected. Employees enter the higher 40 per cent income
tax rate at the ludicrously low income of 33,800 add
USC and PRSI and they are paying close to 50 cent in
every additional euro in tax.
Those in the middle have gained from USC cuts, but the
upper middle ground, in particularly, is still being hit hard.
As the tax institute points out, the fact that low incomes
are subject to high income tax rates is central to this.
There are two separate issues here. The first is that the
Irish system relies too much on taxes on income. With the
row on water charges and the decision to freeze local
property tax until 2019, this isnt going to change any
time soon. The new sugar tax not likely to appear until
2018 and higher excises on diesel and cigarettes will
raise a bit, but this is tinkering rather than reform.
International comparison
The second question is whether other groups should pay
more income tax or USC to give the middle ground a
break. By international comparison, higher earners pay a
bit more than the average share, and lower earners a bit
less. In this way the tax system tackles our unequal pretax

income distribution. But the decision to have lower

earners pay nothing and the reluctance to raise more
taxes from other sources such as property means the
squeezed middle is going to remain squeezed.
The short-term problem for the Government is clear. It
hasnt got much cash to spend on budget day about 1
billion in total, of which 300 million will go on a tax
package. The many taxpayers in the middle ground are
not going to feel much better-off. The election promises of
abolishing the USC will have to be sold on the basis of
jam tomorrow.

The term "there isn't enough money" is a load of shite and an

absolute insult. We have 13Bn at our feet and a precedent that
corporations are paying fuck all tax (Starbucks 450 on millions of
profit). Politicians in this country are rancid reptiles. I look forward to
the day we get the opportunity to kick them up and down the street.
Rubbish.. quote:"What You could argue what is squeezed and what
isnt a single person on 100,000 is well-off, but a two-income
couple on 50,000 each, with kids and a boom-time mortgage, are
not" A 100,000 household is not well off. !!!

An Irish man who went viral this month after posting a

video on the Apple Tax debacle has hit out after some
online commenters called him a 'ditch digger'.
Sligo man James Conway originally posted a video
encouraging the Irish Government to take the 13bn in
back taxes from Apple. Since then, the video has gathered
more than 1 million views, earning Conway quite an online

following.
However, Conway posted another video since then,
lambasting some commenters for thinking they are better
than him because they may be more informed on the
economy.
In this video, James points out that everyone in Ireland
plays a part in society and no person is better or more
important than the other.
"They get up every morning, usually in a house that was
constructed by someone like me. They get up in the
morning and they wash their teeth and they go to the
toilet. They turn on an electric light. All stuff that was
brought into that house by a 'ditch digger' like me," he
said.
"Don't turn around and say I'm lower than you, because
every man, woman and child in Ireland is born equal. No
one is born above me or below me. I am equal to
everyone. We're all human beings."

Plans to help first-time buyers in the budget are likely to

increase house prices without making it easier for those
struggling to get on the property ladder, economist Ronan
Lyons has warned.
The Government is considering some form of income tax
rebate scheme for first-time buyers and/or state top-ups of
mortgage deposit savings similar to those in the UK.
However, Dr Lyons said the current supply shortage was
primarily a function of high construction costs and could
be not be addressed by demand-side measures.

Given first-time buyers compete above all with other firsttime buyers, relief for them would primarily boost
demand, he told the annual policy conference of the
Dublin Economics Workshop in Wexford.
Dr Lyons said the Central Banks rules, which are currently
under review, have had a positive effect in anchoring
demand for housing.
However, he said the loan-to-income (LTI) restriction,
which requires that income limits of 3.5 times are applied
to mortgages, was too blunt a tool and unfair in the
context of huge regional price discrepancies.
Any LTI restriction that is binding in Dublin will not be
binding in Leitrim, while any LTI restriction that is binding
in Leitrim will be prohibitively binding in Dublin.
Therefore, it offers no protection against the kind of
bubble Ireland experienced in the decade to 2007, he
said.
Dr Lyons also noted that the regulation merely shifted
demand from the artificially expensive market (Dublin) to
elsewhere and this might explain why house price inflation
was cooling in Dublin but accelerating in other parts.
He advocated shifting the focus of the rules to the loan-tovalue limits, which require first-time buyers to have a 10
per cent deposit for the first 220,000 of a house price
and 20 per cent thereafter.
Addressing the conference on the current anomaly in
Irelands growth statistics, Davy analyst Conall Mac Coille
said the Central Statistics Office (CSO) needed to produce
a measure of growth, which excluded the multinational
sector.
He also said patents and copyrights domiciled here need
to be treated differently in the national accounts , as
financial assets rather than productive assets.
The decision by several big companies to move
intellectual property assets and patents here last year
caused a wild 26 per cent swing in the States headline
rate of GDP, prompting the leprechaun economics jibe
from US economist Paul Krugman.
By including IP assets as part of the capital stock, in other
words what is produced here in Ireland, the true level of
economic activity was being distorted, Mr Mac Coille said.
Economist Colm McCarthy, meanwhile, spoke on the topic

of debt sustainability.
He said reducing the measure of debt sustainability to
gross government debt divided by GDP was hard to take
seriously as a predictor of sustainable access to sovereign
debt markets.
Mr McCarthy said the alternative short-hand measure for
Ireland, as suggested by the NTMA, which substituted GDP
with a measure of government revenue placed Ireland at
the high end of the euro zone league.
Pursuing growth-friendly policies, ending the ongoing
deficit and avoid off-balance sheet build-up contingent
liabilities for a long period of years is the formula which
worked during the 1990s and must now be pursed again,
he said.

Labour is aiming to double its representation at the next

general election, party leader Brendan Howlin has said.
Mr Howlin told reporters at the partys think-in that he has
set a series of targets ahead of the next election.
The first, he said, would be to double its membership from
4,000 to 8,000.
Mr Howlin added: I want them to be inclusive members
involved in policy formation. In terms of the number of
councillors we have 50 councillors and I think we can have
a target in the next local election of 100 council seats.
In terms of TDs we were unlucky in the last election. Even
in the dismal election that we had that we did not get

more seats from the vote that we actually got.

A number of colleagues were very close.. I think we can
double our number of TDs and probably a lot more.
Labour has seven elected TDs and five Senators. They
gathered for their annual think-in in the Mansion House in
Dublin for the past two days.
Mr Howlin said the aim was to rebuild the party after a
disastrous election result.
He said the party has been written off many times before
but has always bounced back.

Fianna Fil has called for the proposed inquiry into the sale
of the Project Eagle portfolio by the National Asset
Management Agency to investigate all contact between
Minister for Finance Michael Noonan and DUP politician
Sammy Wilson.
Fianna Fil leader Michel Martin said Mr Noonans
involvement in the sale and the appropriateness of any
such role should be investigated.
He said there were records of contact between Mr Noonan
and senior political figures in Northern Ireland, including
former first minister Peter Robinson and former minister
for finance Mr Wilson.
It is a matter of great public interest that the allegations
are independently investigated, said Mr Martin.
The Government has agreed to establish an inquiry into
the sale of Project Eagle, a portfolio of loans relating to
Northern Ireland properties, following the publication of a
critical report on the disposal by the Comptroller and
Auditor General (C&AG).
The report concluded Namas sale of the portfolio to US
firm Cerberus in 2014 involved a number of irregularities
and a loss to the taxpayer of 220 million.
Taoiseach Enda Kenny asked leaders of the Opposition
parties to submit proposed terms of reference for the
investigation by Friday evening.
Circumstances surrounding the payment of fixer fees
and the knowledge of Nama and the Minister for Finance
about such an arrangement should be examined, they
have said.
Independent TD Mick Wallace said the inquiry must
examine the widespread, unauthorised leaking and
manipulation of confidential data from Nama.
Personal gain
He said he has received a number of allegations claiming
former employees of the agency used information for
personal gain.
In a letter to the Taoiseach, Mr Wallace said there had
been several serious breaches of the Nama Act that
needed to be examined by the proposed investigation.
The Garda Sochna are aware of many of the allegations
of leaking, but at present do not have sufficient evidence
for criminal charges, due to the high burden of proof in

white collar crime. That should not be the end of the

matter.
He has requested the investigation should begin with the
sale of Project Eagle followed by an inquiry into the
alleged leaking of confidential information.
Sinn Fin leader Gerry Adams said allegations of insider
trading, financial corruption and the alleged exchange of
fixer fees must be examined by the inquiry.
There is a need to get to the truth of the operation of
Nama in the North and the scale of the losses passed on
to taxpayers. However, we need to be assured that the
malpractice, conflicts of interest and insider dealing at the
heart of the Northern allegations is not ongoing in other
sales.
Labour Party leader Brendan Howlin said the proposed
inquiry should not proceed if there were no powers of
compulsion over Northern Ireland witnesses.
Mr Howlin said the Taoiseach should invoke the Criminal
Justice (Joint Investigation Teams) Act of 2004 and set up a
special joint investigation policing team to investigate the
allegations relating to Project Eagle.
The Social Democrats called on the inquiry to cover all
potential issues of the sale, be they financial, political or
criminal.
Mr Kenny will meet Opposition leaders next week to
consider their submissions before proceeding with the
establishment of an inquiry.

just some questions that I put to IW. To this day they have refused to
engage in conversion. I also asked the Dept of the Environment
and they could or would not answer either. They did however inform
me that all installation and fittings used are tested to the highest
standards.NOW READ FURTHUR:
Irish Water admits supplying sub-standard water meter equipment
September 23, 2015 23:20 Fernando Sanchez Irish News
Despite the multiple millions squandered on consultancy fees and
other wasteful efforts, Irish Water has admitted today to providing
sub-standard equipment that does not comply with Government-set
technical standards.
The doomed utility has stated that the containers for household
water meters are sub-par. The so-called boundary boxes are
meant to meet Grade B specifications, but the ones supplied by
Irish Water only meet Grade D. In other words, they are cheaper
versions that are not fit for purpose.
Yet, despite the open admission, Irish Waters spokesperson Jerry
Grant has dismissed any concerns about the companys poor quality
equipment.
He said: Weve also had an independent load testing carried out on
the Grade C surface box, which has been proved to withstand loads
of more than two tonnes, and as part of the tests a stone was placed
on the surface box and a standard car tyre used to impose the load
on the stone.

Saturday, September 24, 2016 - 5:51 pm

Support for the two groups in Government has fallen
slightly over the summer, according to a new opinion poll.
But the first Red C poll of the new term, for tomorrow's
Sunday Business Post, shows support for Fine Gael falling
one point to 25%, while the Independent Alliance also drop
one point to 4%.
Fianna Fil, which is supporting the minority Government,
also falls two points but remains the most popular party
on 27%.
Sinn Fin gain two points to 15%, Labour are up one to
7%, while independents are on 10%, a rise of three
percentage points.
The AAA/PBP is on 6%, with the Social Democrats on 4%
and the Greens on 2%.

The result of that test was that the car tyre deformed around the
stone and came into contact with the surface box, the test was
abandoned when we were afraid that the tyre would actually
explode.
These are s a sample off ?
I require you to sign and complete the following before installation
can proceed under penalty of claim and prosecution should any
information you provide be false or misleading. There are x number
of forms to be completed and each form must signed and completed
by each party. I require you to supply me with a professional
Indemnity Insurance to categorically state that the Meter is not
damaging to Human health and environmental damage (to animals)
and possible damage to property (structural damage) and to answer
all questions.
Questions to ask Irish water workers when trying to install :
*A copy of the road certificates obtained by the contractor, from
cork city council,
Dated and signed by the council engineer.
*Documentation that grants permission to restrict and or block
access to my address
*A contractors method statement outlining the methods scheduled
and duration of any works carried out
*A current company health and safety statement
*Copies of safe passes and trade certificate of the personal in the
operation
*Copies of the certification of competence of the personal in the
operation
*Copies of the certification of competence for the operators of heavy
machinery/mechanical excavator
*How will the smart meter work and on what network will it transmit
, who will have access to the data it sends

*Do you have an up to date health and safety report on the smart
meter you are planning to install outside my property
*A signed statement from the contractor and or his agent declaring
unequivocally that I bear no responsibility, now or in the future for
any mechanical devise that may be installed adjacent to my
property.
Legal Requirements for Irish Water Contractor
1. Contractors must produce a Licence (permit) to local residents to
open the footpaths in their estate
2. Contractors must give the residents prior notice that the water is
being turned off as hot water can scald
3. Toilet facilities, warm room etc. must be in situ as they will be
creating a working construction site
4. Contractors cannot open up any footpath without an adequate
and safe traffic plan being in place with an alternative route into the
estate
5. The HSE must be notified and a Form AF2 must be displayed
6. All staff must have up to date safe passes available for inspection
7. All staff must be fully garda vetted and have this available for
inspection1. Contractors must produce a Licence (permit) to local
residents to open the footpaths in their estate
2. Contractors must give the residents prior notice that the water is
being turned off as hot water can scald
3. Toilet facilities, warm room etc. must be in situ as they will be
creating a working construction site
4. Contractors cannot open up any footpath without an adequate
and safe traffic plan being in place with an alternative route into the
estate
5. The HSE must be notified and a Form AF2 must be displayed
6. All staff must have up to date safe passes available for inspection
7. All staff must be fully garda vetted and have this available for
inspection.
STAND YOUR GROUND FOLKS

A Real Homeless Crisis In Ireland

Just how vulnerable homeless people are is highlighted in

a report which found the average age of death among
those living on the streets is 42 years.
Among homeless women, the mean age of death is even
lower, at just 38. Among homeless men, the mean age of
death is 44.
Of 140 deaths among the homeless population over a fouryear period, 16 occurred on the streets.
The relatively young age at which many of those living on
the streets die is in contrast to average life expectancy
among the general population 75 years for men and 80
for women.
The percentage of homeless people who die as a result of
drug and alcohol addiction is also far higher than in the
general population, at 30% compared to approximately
7%.
One of the study authors, Dr Joe Barry, said it was widely
acknowledged that the issue of addiction among the
homeless needs to be addressed.
Dr Barry and his colleague Dr Jo-Hanna Ivers of the
Institute of Public Health, Trinity College Dublin,
collaborated with Bernie ODonoghue Hynes of the Dublin
Region Homeless Executive in conducting the study,
Mortality Amongst the Homeless Population in the Dublin
Region.

Through visits to homeless hostels, the coroners offices

and homeless agencies, they drew together data showing:
140 deaths among homeless between 2011 and 2014.
Nine deaths among homeless people aged 18 to 24
seven men and two women.
12 deaths among over 65s who were homeless
16 died on the streets; 67 in hospital; and 41 in homeless
services
Dr Barry said the report, to be presented today at the Irish
Street Medicine Symposium in UCC, contains draft
recommendations, including the need for better recording
of deaths among the homeless population not just in
Dublin, but nationwide.
Housing Minister Simon Coveney and GP and paralympian
Dr Austin Carroll are among those addressing todays
symposium at UCCs Western Gateway Building.
Department of Housing figures for August show 4,248
homeless adults.
The Irish Nurses and Midwives Organisation (INMO) this
afternoon brought a delegation of around 70 nurses from
12 different countries to join the Dublin Bus workers on
the picket line at Summerhill Garage. The international
nursing delegation was in Ireland for the Global Nurses
United Conference 2016 which has been taking place in
Dublin this week.
Nurses from countries as diverse as Taiwan, Korea,
Australia, Canada, USA, Uruguay, Brazil and many other
countries, expressed a desire to join the Dublin Bus
workers on the picket line at Summerhill Garage today and
marched from their conference to the picket in a noisy and
colourful show of solidarity and strength. "
Victory to the strikers!

TDs say judge had penalty points

wiped
Opposition TDs have named Judge Mary Devins as one of
the high-profile people who had penalty points wiped from
their licences by garda.
Both Clare Daly and Joan Collins of the United Left Alliance
named Ms Devins in the Dil yesterday.
They said it was outrageous that points had been wiped
from peoples licences in this fashion.

Their comments came after it emerged senior garda had

been using their discretion to wipe points from certain
licences since the introduction of the system in 2002.
Although the procedure is meant to be used only for
legitimate reasons, Transport Minister Leo Varadkar last
week confirmed the receipt of information alleging
misappropriate use of it.
It is believed there are two whistleblowers, both members
of the garda.
The matter was referred to Justice Minister Alan Shatter,
who received an interim report on the issue from garda in
recent days.
It has been reported that tens of thousands of people,
including several celebrities, have seen penalty points
wiped.
Ms Daly, Ms Collins, and Independent TDs Mick Wallace
and Luke Ming Flanagan tried to raise the matter
yesterday.
They were repeatedly ruled out of order by Michael Kitt,
the leas ceann comhairle, but not before Ms Daly and Ms
Collins named the judge.
Judge Devins has been named in the newspapers, as
have sports figures and other officials, including garda.
We are talking about the loss of millions to the State, said
Ms Daly.
The Government has had in its possession kn-owledge of
the systematic writing-off of motoring offences for almost
a year and it has done nothing.
Ms Collins said: There are fixed-term notices and judges
are giving down charges to people with penalty points and
Mary Devins is named in this. It is outrageous.
However, Mr Kitt reminded the TDs that persons not in a
position to defend themselves were generally not named
in the Dil.
The general practice is that such persons should not be
named or referred to in such a way as to make them
identifiable, particularly where to do so would be an
unreasonable invasion of privacy or where the reference
could be in the nature of being a defamatory utterance.

Just to remind everyone of the two tier society we live in

today in Ireland ...
Where a sitting judge can pass down fines and convictions
to little people.. While they themselves get their own
penalty point's wiped out of the system ... In turn keeping
them on the road and their insurance coverage lower.
This is the type of brass-necked stonewalling and
evasiveness that we can expect from our so-called 'public
servants'. We wrote to DPP Claire Loftus in 2013 asking
her to explain why Mayo State Solicitor Vincent Deane was
improperly interfering in our civil case against George
Collins - (2nd cousin to Enda Kenny) - and whether she
(Claire Loftus) had yet been interviewed by Gardai in
regards to a criminal complaint we had lodged against her
and local Gardai for conspiracy? Elizabeth Howlin wrote
back saying "we do not accept your assertions of improper
conduct"...?? Period! The questions were never answered
of course.. and now Claire, Liz and Vincent have teamed
up again 'in diligent service to the Irish people' making
sure that those who ask awkward questions - or who dare
to challenge State-sponsored corruption and misconduct are taught a sharp public lesson...
http://www.integrityireland.ie/12-To%20Claire%20Loftus
%20DP

Labour Party leader Brendan Howlin has conceded the

party made mistakes in office, but said the current
Government was interested in power and nothing else.
Speaking to the Parliamentary Labour Party at its think-in
yesterday, Mr Howlin said the Government was leading a
do-nothing Dil.
If [it] survives at all, these will be known as the lost
years, said Mr Howlin.
Politics is about the resolution of differences in a peaceful

and civilised manner not pretending they dont exist.

In the 1990s and again in 2011, Labour entered
government when the country was in chaos, but twice it
left office when the country had returned to economic
growth.
Had Sinn Fin or the anarchists entered government in
2011 Ireland would now have no economy to speak of. We
wouldnt have been talking about health and housing at
the election just gone.
Wed have been talking about our economic implosion,
the collapse in foreign direct investment, soaring
joblessness and unimaginable hardship. There would have
been no debate about the scale of the recovery because
things would still be getting worse.
Liberal society
For 40 years Labour has been the parliamentary vanguard
of change which has seen Ireland transformed from a
narrow intolerant society to a more pluralist and liberal
society.
There are many in Ireland who only see problems as
opportunities for political gain. They will always have a
certain advantage over those of us that seek to solve such
problems.
Labours election manifesto was principled and
progressive and would have helped to build a fair society:
But, frankly, I think many Irish people had stopped
listening to Labour.
Lets be honest enough to recognise why. By the time the
election came around, we faced an enormous challenge in
having any of our messages heard.
Ive said this before and I will continue to say it we
recognise that we made plenty of mistakes along the way;
that there is a gap between what people heard us say and
what they saw us do. Mr Howlin said this was partly
because governing during a crisis was messy and
distracting and stopped the party from being clear about
some of the things it had achieved.
But partly also because we made some particularly highprofile promises in areas such as third-level fees. And we
didnt always deliver.
We are rightly proud of the many things we did in office.
But were also honest enough to recognise that we didnt

get everything right.

Kenny prepared 'Remain' speech for Brexit

Taoiseach Enda Kenny prepared a draft speech welcoming Britain's
decision to "remain in the EU" and congratulating the then-Prime
Minister David Cameron, new documents reveal.

Taoiseach Enda Kenny prepared a draft speech welcoming

Britain's decision to "remain in the EU" and congratulating
the then-Prime Minister David Cameron, new documents
reveal.
Mr Kenny had prepared to say he was "delighted" the UK
decided to remain in the EU and described the vote as a
"positive result for us all".

In the speaking notes, which were released under the

Freedom of Information Act, the Taoiseach expressed
warm "congratulations" to British Prime Minister Cameron,
who has since resigned.
"I am very pleased the United Kingdom has decided to
remain a member state in the European Union. This was a
very hard fought contest," the Taoiseach's statement said.
"The union must now focus on the real challenges it faces
in promoting its people's prosperity and security.
"But happily, in facing these challenges, we will stand
together as a union of 28 member states, ready to
engage, to negotiate and to chart a way forward on behalf
of all of our citizens," it added.
Minister for European Affairs Dara Murphy prepared a
similar draft speech to be delivered on June 24 - the day
after the referendum paving the way for Britain to leave
the EU.
Outcome
Mr Murphy was to deliver the speech ahead of a meeting
of Europe Ministers in Luxembourg which took place the
day after the vote.
The FoI documents also reveal extensive preparation for
both outcomes of the referendum.
The strategy for a 'Leave' vote included a Whatsapp group
which was to be set up to allow key staff members
communicate with each other about ministers' media
appearances.
The schedule also showed Mr Kenny was due to contact
EU and Opposition leaders on the morning of the vote
result, after which he would call his own Cabinet ministers.
A questions and answers briefing note prepared before the
British vote said it would "be difficult to imagine a
situation" where there would be no customs border
between the North and South of Ireland if the UK leaves
the EU.
Contingency plans and actions were also prepared ahead
of the vote.
http://www.independent.ie//kenny-prepared-remainspeech-fo

Public Expenditure Minister Paschal Donohoe says that

Ireland will take measures in Budget 2017 to "Brexit-proof"
the economy.
He adds that Ireland's outlook beyond 2018 is particularly
uncertain - and Ireland's 'fiscal space' is likely to be
squeezed.
"We can't quantify what that is [the impact] yet for two
reasons. The first one is, we have to be very careful
looking at forecasts for 2019, 2020, 2021 and beyond,
given the uncertainty there at the moment," he told
Reuters.
"The second reason is we are trying to put in place
measures that might mitigate some of the growth-shock
that we might face because of what's happening with
Brexit ... measures to grow the productive capacity of our
country in the mid-term to act as a buffer to the inevitable
challenges our economy will face," he continued - adding
that Budget 2017 hopes to "Brexit proof" the economy.
"I approach all these discussions with the mindset of
'we're going to have challenges.' What we are working to
quantify is the magnitude of those challenges," the
Minister concluded.
Finance Minister Michael Noonan has indicated that there
will be around 1bn available, with around two-thirds
being used for public spending and one-third for cutting
taxes.
Mary Mitchell OConnor, the Minister for Jobs, Enterprise,
and Innovation has stated that her department will give

500,000 extra to IDA Ireland to continue its efforts to

attract FDI.
The 9% VAT rate to aid the tourism sector is also expected
to be maintained.

Pensioner burglar (66) told victims he was from

Irish Water before thefts
A pensioner has admitted posing as an employee of Irish Water so
he could burgle Dublin businesses.

Irish Water should take him on ..He'd fit right in.

A pensioner has admitted posing as an employee of Irish
Water so he could burgle Dublin businesses.
George Courtier (66) stole from a restaurant, shops and a
health clinic when given "free rein" to check plumbing,
which he falsely claimed he was doing on behalf of the
water company.Judge Bryan Smyth adjourned sentencing
when Courtier admitted a series of theft charges at Dublin
District Court.
Gda Kevin Bambrick said he was called to Eurosaver on
Talbot Street last January 16.
Courtier had told staff he worked for Irish Water and was
there to check the plumbing.
Staff showed Courtier into a changing area and bathroom
and he was "let go about his business".
He left after 10 minutes, and 90 minutes later a staff
member noticed his iPhone was missing from his jacket.
Courtier was identified on CCTV.
Gardai went to the accused's then address at Harcourt
Street and found a stolen iPhone.
Wallet
Courtier went to a restaurant on Dame Street on the same
day and said he was "an employee of Irish Water and was

checking pipes and plumbing".

While there, he went to a staff area and stole 100 in cash
and 7,000 rupees, which were worth about 95.
On October 19, 2015 he went to an ice cream parlour on
Grafton Street and said he was a contractor for Irish Water.
He again asked to check pipes, and in the kitchen he
made several attempts to open a bag on a bench. He
made off with a wallet with 20 cash.
Courtier removed a purse from a drawer at a health clinic
on Abbey Street on September 1, 2015, after again posing
as an Irish Water worker.
Courtier, with an address at Lord Edward Street, also
admitted other burglaries in the city centre, including one
at the Royal College of Surgeons, St Stephen's Green, on
October 19, 2015.
He claimed to be a contract cleaner and rooted around in
lockers, but nothing was taken.
Courtier had 119 previous convictions and would pay
compensation from pension arrears he was due, said his
solicitor, Aine Flynn.

Irish Water claim staff blockaded by

protesters
Irish Water has contacted garda over an alleged incident
in which it claims protesters blocked a metering team from
leaving a filling station in Cork
Friday, September 23, 2016

Well done lads :)

Irish Water has contacted garda over an alleged incident

in which it claims protesters blocked a metering team from
leaving a filling station in Cork.
The utility claims that a group of four people prevented
the metering team from leaving the filling station near
Cork University Hospital and detained the workers for
half an hour.
A caller to 96FMs Opinion Line said the incident took
place at Casement Park on Glasheen Road.
However the caller, who identified himself as Tony, said
that he was one of a group who politely approached the
driver to ask if they were installing meters in the area.
We went over and politely asked him if he was putting in
meters, and your man revved up the truck [and] drove the
truck at us, the caller alleged.
I have been part of this water campaign since the start
and we have never used any violence against these Irish
Water people, we might have a bit of banter with them
and a chat, but weve never used any violence and I want
to make that very, very clear, the caller said.
He denied that the group blocked the van.
We went over to have a conversation with the driver, he
said, and claimed that one worker shouted obscenities at
the group.
In a statement to the Irish Examiner, Irish Water said it is
aware of an incident on Wednesday morning where
members of our metering team were blockaded from
exiting from the vicinity of a filling station close to CUH by
four persons.
The personnel were detained for approximately 30
minutes. The matter has been reported to An Garda
Sochna, the statement read.
Labour leader Brendan Howlin has described the current
Dil as a three-ring circus where the Government has no
power, the opposition is in government, and other parties
do not want to lead at all.
Speaking at the partys think-in at Dublins Mansion
House, Mr Howlin would not rule out re-entering
government after an election, whenever that may be.
Labour has dropped from 37 elected TDs after the 2011

election to just seven. The think-in, which continues today,

is likely to focus on rebuilding the party.
Mr Howlin encouraged people to join the party but said he
does not simply want to boost numbers.
I want people to give us their ideas, to be a campaigning
party, he said. We are much diminished in Leinster
House, we are small in number in both Dil and Seanad so
we are going to have to be a campaigning party outside of
Leinster House too.
Other topics up for discussion include the housing crisis,
employment, and new ways of looking at Irelands
economic progress.
Mr Howlin said last night that Labour is still relevant in the
current Dil despite its lack of members.
I dont know who is relevant in the current three-ring
circus that constitutes Dil ireann, he said. We have a
Government that has no power, we have an opposition
that is really in government, and we have an assembly of
others who actually dont want power.
Brendan Howlin
In all of that, I think we can be very relevant. We not only
identify problems but we table solutions to them. We will
be relevant to people, ordinary people who want a future
for themselves and their families.
Asked whether the party would consider entering a
coalition government in future, Mr Howlin said: Labour is
a party of governing. We have always stepped up to the
plate because there is no point having the best policies in
the world if they are not implemented.
He said the party would need to regroup but that, in the
right circumstances, Labour would enter government
again.
Also refusing to rule out going into government with the
Social Democrats, he said Labour had entered government
in 2011 going into a collapsing economy with
unemployment heading to half a million. It wasnt a
business as usual time.
Mr Howlin said that the party was forced to put on hold
many of its progressive policies because you cant spend
money that you dont have.
Looking to the upcoming budget, Mr Howlin told party
members that housing would be a key priority.

Being able to afford a home not just a house has

been a totemic freedom in our society since the land was
returned to us over 100 years ago, he said in his opening
speech.
It is representative of peoples ambition and sense of
wellbeing one of the key things parents want for their
children. And for the record it is a bigger problem than
social housing too.

When lab was in government it was the lunatics running the asylum.
Hey guys. No one has mentioned the unjust means test that is
crippling pensioners.. Wake up people.. Hundreds is unfairly taken
off pensioners every week.. 5 e is a massive insult.. And is being
implemented by a care less shower of gangsters

The old age pension will be increased by up to 5, while

hikes in the fuel allowance and the living alone allowance
are also expected to be introduced in Budget 2017.
The Budget will include a suite of measures aimed at
winning back the grey vote, Fine Gael ministers have
confirmed.
The Government is set to announce plans for a 100m
homecare package in a move sources say will significantly
ease the pressures on the country's hospitals.
The Christmas bonus will also be paid again in December
and kept at the same rate.
And cuts in the prescription charges will take effect next
year for the over-70s, the Irish Independent has learned.

Independent Alliance Minister Finian McGrath is also

seeking substantial funding increases for older people and
those with disabilities.
"We are pushing senior citizen issues and we are pushing
disability issues. We haven't had our final meeting with
Paschal Donohoe yet but those are areas we are looking
at," an Independent Alliance source said.
However, there are growing tensions within Government
circles this weekend over Social Protection Minister Leo
Varadkar's demands for a 5 increase in the old age
pension.
Increasing the old age pension by 5 would cost over
80m next year.
Some Cabinet sources say they are concerned that if such
an increase is delivered, it will kick their demands into
touch.
With a substantial amount of the 660m in spending
available going towards health, Public Expenditure
Minister Paschal Donohoe may limit the increase to just
3.
Dilemma
However, Mr Varadkar is facing a major dilemma because
Fianna Fil has sought the full 5 next year.
One Cabinet source last night pointed to the backlash the
Fine Gael/Labour Party government received last year
after the then Social Protection Minister Joan Burton opted
for a 3 increase.
"It (the pension) is the subject of tensions. There is the
view that if you do anything less than a 5 increase, it's
going to go down like a lead balloon," the minister told the
Irish Independent.
But last night, Fianna Fil's Social Protection spokesperson
Willie O'Dea said his party would not accept anything less
than a 5 hike.
"It should be at least 5 - in fact, anything less would not
be realistic," the Limerick TD said.
However, prominent Fine Gael backbencher John Deasy hit
out at the focus surrounding appeasing pensioners.
The Waterford TD said the focus should be on tax cuts for
the squeezed middle.
"These are the people that deserve a break in particular,"
Mr Deasy said.

Meanwhile, further meetings will take place between

ministers and Fianna Fil's front bench spokespeople next
week as the Budget process intensifies.
Fianna Fil sources say they have not yet finalised their
Budget plans and that talks that have taken place to date
have been "business-like" and "professional".
However, there is expectation at senior level in both
parties that the issue of the Budget will be at the centre of
tensions ahead of October 11.

Sweeping changes in the HSE leadership structure include

the appointment of four new national directors, it has
emerged.
HSE director general Tony OBrien wants to focus on
devolving decision-making and accountability as close as
possible to the front-line.
The four new national directors are a chief operations
officer, a chief strategy and planning officer, a national
director of community health service operations, and a
national medical director. In a confidential memorandum
seen by the Irish Examiner, Mr OBrien wrote that the
adjustments he proposed to the health services
leadership team had been approved unanimously by the
HSE directorate.
These adjustments are designed to streamline
performance and management across the health service

with a particular focus on enhancing the integration of

services, he said.
Mr OBrien explained that the chief operations officer
would be responsible for the overall operational
performance management of the system, would support
the director general and deputise for him as required.
He pointed out that the roles of chief operations officer
and chief strategy and planning officer would be filled by
the Public Appointments Commission through open
completion as soon as practicable. An existing national
director will be appointed the national director of
community health service, and the operations role of the
current national directors for primary care, mental health,
social care and health and wellbeing will be subsumed into
this role.
The current posts of national director of clinical strategy
and programmes and national director for quality
improvement will be subsumed into the role of national
medical director to be filled by open competition.
Mr OBrien said clinical programmes and discreet
clinically led initiatives, such as the new Maternity and
Infant programme and the National Cancer Control
Programme would be nested with the new medical
director.
He wrote that it was now three years since the
establishment of the HSE Directorate, and while progress
on some key objectives had been slower than expected,
much had been achieved.
We have seen the development of an external consensus
on the need for a longer-term health strategy at a political
level and secured an unprecedented mid-year budget
revision this year, ending the underfunding deficit spiral of
the past, he said.
Overall, we collectively lead a health system that is more
productive than in the past, but also experiencing
unprecedented demand and unmet need.
Mr OBrien said the new structures would ensure there was
clear accountability for the management and delivery of
services. The changes would reform the centre to
establish a new way of working. This could be
characterised as a noses in, fingers out culture, as
between the commissioning and service parts of the

health service, he wrote.

Until these appointments are made it is very much
business as usual under the existing arrangements, he
said. Staff within the existing national divisions will be
consulted on the best way to manage the transition.
Mr OBrien ended by stressing that there were may great
things about the Irish health service. We are blessed with
our staff and their commitment. These changes are
intended to assist the health service to function better.

Senator Michelle Mulherin's accusation of bias in failing to

get an All-Ireland ticket from the GAA has set me to
reflect.
I know very little about Ms Mulherin, so if she trains her
Junior B team or washes the jerseys for the Under-12s
weekly, or follows Mayo around the land through thick and
thin or, indeed, sells her quota of club lotto tickets weekly,
then I apologise in advance.
If, on the other hand, like many public representatives, her
most regular attendance at matters GAA is to smile and
accept the accolades for having 'secured' some grant or
other - one to which they were more than entitled anyway
- then I am reminded of a favoured phrase of Michel
hEithir when he would speak of "the utter gall" of some
player who had just performed an outrageous, stupendous
sleight of hand on the field of play.
Disgruntlement at not securing an All-Ireland ticket is not
the most noteworthy thing; but it does smack of
something more serious. Why, in all that's holy, do some
of our public representatives, be they Dil or Seanad, feel
when they have reached the higher echelons of 'serving
the people' it puts them in a position of entitlement above
and beyond the ordinary man/woman?
Tom Bulfin
Discrimination against senators
Senator Michelle Mulherin wonders why "senators are
treated differently to TDs" by the GAA in the allocation of
All-Ireland tickets (Irish Independent, Sept 15th). I fail to
see the good senator's problem.
After all, did her party not encourage us, the voters, to

abolish that "wasteful and undemocratic" institution in

that ill-advised referendum some years ago?
Many TDs, when they were subjected to the displeasure of
the electorate in the recent election, suddenly
experienced a Pauline conversion in their views on how
worthwhile Seanad ireann really is. People like David
Norris, Michael McDowell and Ronan Mullen (among
others) who worked might and main to save the Senate
can speak with some credibility about "clear
discrimination" against that august institution. I do not
extend the same right to those who wanted rid of it.
Fr Iggy O'Donovan
Limerick
I read with near-incredulity about Senator Michelle
Mulherin's letter to the Director General of the GAA,
regarding the distribution of All-Ireland final tickets to TDs
only and not Senators.
I find it astonishing that Senator Mulherin feels entitled to
the option of purchasing tickets, when so many supporters
are looking for tickets.
Indeed, the GAA ticket distribution policy should be looked
at as a whole, as it feels unfair that such a limited number
of tickets are made available to the competing counties
every year. The question of TDs being entitled to the
option of purchasing tickets should, of course, also come
scrutiny.
Richard Holden
Kilmacow, Kilkenny

Dundalk to the rescue

Reading that the Dundalk team bus stopped en route to

Dublin Airport to 'rescue' some fans after their own bus
broke down brought visions of manager Stephen Kenny
calling out to the stranded: "And bring yer boots." Given
the result in Holland, clearly no 'tulips' were taken.
Tom Gilsenan
Beaumont D9
Courage of our Coast Guard
I was so moved watching images of the Coast Guard
helicopter hovering over Caitriona Lucas's grave on
'Nuacht TG4'.
It was a beautiful gesture in the face of tragedy. People
like Caitriona are very special, they are courageous,
selfless and risk their lives every time they go on a
mission. I live on the west coast but I will never be in the
Coast Guard or RNLI, simply because I am not brave
enough. All of us should be so proud of them as the
majority of them are not paid for their dangerous work.
Mary Conroy
Co Galway
Pardon for Snowden
Whistleblower Edward Snowden, who revealed information
about the illegal Bush/Obama NSA spying programme, is a
national hero and should be pardoned.
Yes, what he did was illegal. The NSA had been lying to
Congress about what it was doing and that it was illegally
spying on every single person in America. We only know
that because of Snowden.
Since Snowden's revelation, Congress has changed
several laws to help put a stop to the conduct that
Snowden revealed. This, to me, indicates that Snowden
did America a national service and that his actions to stop
illegal government spying was justified. I therefore join in
the call to pardon Edward Snowden.
Marc Perkel
Gilroy, CA, USA
Let the Army serve the public
Why are the Army lorries not already on the streets and
easing the hardship suffered by the communities in Dublin
who have the misfortune to depend on public transport?
Serving abroad in great numbers may be laudable, but is it
not time for the Defence Forces to earn its keep at home?

Peadar Kelly
Ballymun, Dublin 11
Our forgotten emigrants
Reading in the papers, listening on local radio and
watching on national television the build-up to the AllIreland hurling and football finals and the messages of
goodwill from Irish emigrants to the counties contesting
the finals, one was reminded, once again, of the tens of
thousands who have left our shores during the lean years
of the recent recession. It was very disappointing to note
that during the February General Election campaign, none
of the main political parties produced a comprehensive
diaspora policy to attract some of these well-educated
people back again to live and work in the land of their
birth, where they would have much to offer Ireland in a
recovering economy.
The small number that have returned have found the cost
of motor insurance, health insurance, etc has skyrocketed.
Perhaps there will be good news for this section of Irish
society in the up-coming Budget in October, otherwise it
may seem that the old adage 'Out of sight, out of mind'
applies to our forgotten emigrant.
Tom Towey
Cloonacool, Co Sligo
'Reckless decisions' and bailout
Stan McCormack tells us: "The EC contributed very much
to driving Ireland's recession by making us bail out the
banks and shareholders." (Letters, September 16).
The real story is that a small number of our most powerful
citizens in charge of government, financial institutions etc
during the pre-2009 boom made reckless decisions which
resulted in the EU, the ECB and the IMF bailing us out.
The alternative was default.
A Leavy

HALLIGAN and McGRATH CHALLENGED BY BUSWORKERS

National Bus and Rail Workers Union (NBRU) has
challenged Rosss INDEPENDENT ALLIANCE COllEAGUES
including ministers Halligan and McGrathto respond the
question which is, do they support the minister on his
handling of the crisis which is unfolding in Bus Eireann"
http://wp.me/pKzXa-ls
Transport Minister Shane Ross is set to come under
pressure from his Independent Alliance colleagues this
week after junior minister John Halligan backed bus
eireann workers against planned pay cuts-Sunday Times
Justine McCarthy 25/09/2016
But Where is Finian McGrath Hiding?

Minister Shane Ross rubberstamped proposed plans to cut

Bus Eireann workers pay

September 23, 2016 14:26 Fernando Sanchez Irish News

The Minister for Transport, Shane Ross, is not a very popular

figure this afternoon.
It has emerged that he personally did not object to plans put to
him by management at Bus Eireann to cut workers pay.
It has also been revealed that Mr. Ross was furnished with a
very detailed briefing on the matter, and that he blithely
waved it through. Unions were provided with scaled-down
version of the plan.
Management at Bus Eireann has said that it intends to reduce
staff from 550 to anything between 400 and 450. Some of
these lay offs may occur through redeployment or voluntary
redundancy, however.

When Shane Ross was first elected to Dil ireann in 2011,

I was intrigued, as were many of the electorate, as to how
the former senator would perform. His promotion of an
Independent Alliance gave hope that there may indeed be
a different way of conducting business in the Oireachtas possibly even the concept of New Politics.
However, since he has entered into a coalition
government, Mr Ross and his colleagues have discovered
there is more to governing than spouting off opinions
about everything.
He had a Pdraig Flynn moment recently on the 'Late Late
Show' by informing viewers that transport was a doddle
compared with the difficulties encountered in sport.
So a ticket allocation scandal in Brazil takes precedence
over a bus strike in our capital? A huge loss of business by
traders is less important than trying to sort out the
problems of the Olympic Council of Ireland?
I disagree strongly, and find myself in agreement with
former Taoiseach Bertie Ahern who suggested that
relationships with unions have to be taken seriously, with
clear and open communication with the relevant minister

contributing to bringing disputes such as the Dublin Bus

situation to a conclusion.
If the minister is going to be blamed anyway, then why not
get involved as an agent of change and facilitate a
resolution? Whatever other shortcomings Mr Ahern may
have had, he was always a shrewd negotiator, whether in
his time as Minister for Labour dealing with unions or as
Taoiseach in framing the Good Friday Agreement.
Perhaps Mr Ross should get off the fence and use his skills
to bring this matter to a swift resolution in the interests of
bus drivers, passengers and the economy before it
escalates any further.
Unemployment benefit news
Did you know that the EU is discussing a European unemployment
benefits scheme (EUBS)?
One version considered where each govt is financed by EU Second
version where each person is paid directly by EU.
This is something FG & FF must know and explains a lot of the
mercenary tactics used to reduce unemployment in Ireland.
The latest reduction in unemployment was announced end of
August, just three weeks before internships and training progs
finished.
How many of those people are now employed?
We know that Germany has strong influence over EU decisions so
many EU countries may be in for a rough ride.
United States of Europe is well on the way.
Know your future.

Tax changes discussed as

Noonan puts forward Budget
options to Cabinet
Updated / Sept. 27, 2016

Minister for Finance Michael Noonan will announce the

Budget on 11 October

This is the actual article body

Minister for Finance Michael Noonan has

briefed Cabinet colleagues on a number of
tax options to be considered in the upcoming
Budget.
It is understood Capital Gains Tax for
entrepreneurs is being looked in the Budget
to be announced on 11 October.
The Programme for Government commits to

a 10% reduction in CGT for new starters from

2017, subject to a 10 million cap on gains.
The Government is also looking at reducing
some of the conditions for the Living City
Initiative which involves property tax
incentives to encourage the regeneration of
retail and commercial districts and also
encourage people to live in historic buildings
in Cork, Dublin, Galway, Kilkenny, Limerick
and Waterford.
The residential relief is only available for
owner-occupiers.
It is believed the Government is looking at
changing the floor area requirements of the
property which qualify for the scheme.
Ministers are also looking at measures for
farmers including a proposal from the IFA
which has proposed that in a year when farm
income falls significantly, the farmer should
pay the tax due for a single year only on the
actual income earned in that year, rather
than the average tax due arising from five
years' income.
Follow

Martina Fitzgerald

Michael Noonan briefed cabinet on a number of tax

options including capital gains tax for entreprenuers

7:16 PM - 27 Sep 2016

5 5 Retweets6 6 likes

The Government is also studying increasing

the threshold for Inheritance Tax further by
40,000-60,000.
The Inheritance Tax threshold was increased
to 280,000 last year for children inheriting
the family home.
It has also been well flagged that the
Government is looking at decreasing the 1%
and 3% lower rates of USC by 0.5%.
Mr Noonan also indicated he is examining the
third USC rate of 5.5% but no decision has
yet been made.
He also discussed a rise in the price of
cigarettes. Mr Noonan confirmed the price
would be going up at the recent Fine Gael
think in.
Ministers are also looking at further
increasing the Earned Income Tax Credit for
the self employed. The credit of up to 550
was introduced in the last Budget.
Most of the time, Ireland doesn't really 'do debates'. There
is no debate about the EU, for example. We react to
decisions made by the EU, like the recent ruling against
Apple, but we don't seem to have any vision about the
kind of EU we want to be in because we never have a
debate about that.
There is no debate about immigration. It's assumed that it
is a good thing, full stop, end of argument. We are not
allowed to have an opinion about how much immigration
is a good thing, or about the kind of migrants we want
(high skilled, low skilled, etc)?
There is only the barest of debates about whether it is
better to cut taxes or increase public spending. The
overwhelming weight of opinion that we hear on the

airwaves favours increased public spending. It is 'virtuous'

to want increased public spending and it is 'greedy' to
want tax cuts.
To make matters worse, what debate there is about public
spending versus tax cuts takes place in an environment
loaded with assumptions that favour public spending.
The Irish Tax Institute has just issued a document on the
amount of personal tax people pay here at various levels
of income compared with other countries. The paper is
called 'Perspectives on Ireland's Personal Tax System' and
is required reading for every politician in the country, and
also for every journalist with any interest in the tax and
public spending debate.
Before getting into the meat of the paper, however, we
need to tackle the meaning of the term 'progressive
taxation'. 'Progressive' is a nice sounding word. If a
country has a 'progressive' tax system that is surely a
good thing, and when it has a very 'progressive' tax
system, like Ireland's, that must be even better.
But when the word 'progressive' is used here, it doesn't
mean 'progress', it simply means that the more you earn,
the more tax you pay. In a steeply progressive system in
this sense, higher earners pay vastly more tax than lower
earners.
Ireland, it turns out, has the second most 'progressive' tax
system among all developed countries. Don't take the Irish
Tax Institute's word for it. This comes from a Department
of Finance analysis of Organisation for Economic
Cooperation and Development (OECD) figures.
Our tax system loads the tax burden on to medium and
higher earners to a much greater extent than even
famously egalitarian countries like Denmark, Sweden or
Norway.
Here is how steeply 'progressive' our tax system is:
someone on 25,000 pays 5.6 times more tax than
someone on 18,000. Someone on 35,000 pays 11 times
more tax than someone on 18,000, and someone on
75,000 pays 44 times more tax than someone on
18,000.
The top 1pc of income earners now pay 22pc of all
personal taxes while the bottom 50pc of earners by next
year will be paying just 3.6pc of all personal taxes.

What this means is that public spending is being loaded on

to a relatively small number of people. Apart from any
issues around fairness, is this even practical?
The Tax Institute paper looks at someone on 55,000 and
the amount of tax they pay in various countries. The
Germans, Dutch and French are absolutely hammered.
But the Irish person on that wage pays more in tax than
their equivalents in Spain, Sweden, Britain, Switzerland,
the US and Singapore.
Singapore is famously low tax. A Singaporean on 55,000
pays 5,396 less in tax than an Irish person on the same
income. But guess what? Singaporean public services on
the whole are excellent. They have a good health system
and a good education system.
This brings us to the subject of value for money. We aren't
getting it. Everyone thinks we spend too little on health.
But according to EU figures, at the height of the boom, we
were spending far more on health than anyone else in the
EU as a percentage of gross national income (GNI).
Even after the cutbacks, we still spend more than anyone
aside from Denmark, which spends only fractionally more
as a percentage of GNI than us.
But according to the EU, despite all this spending, Ireland
ranks only in the middle third when it comes to life
expectancy at birth and at age 65, and in the bottom third
among EU countries when it comes to avoidable hospital
admissions and cancer survival rates.
This is very, very bad and it means we need health
reforms far more than we need more spending drawn from
the taxes of a group of people already paying too much
tax.
The Irish Tax Institute in its paper asks some very
pertinent questions. Among them: is there a point at which
a country's personal tax system becomes overly
progressive; and do high tax rates above the average
wage impact on our competitiveness and create issues
around incentive to work, labour costs and ability to
attract talent and skills?
The first question is related to fairness. Is there a point at
which some people are being asked to pay too much tax,
especially given the poor quality of public services they
often get in return?

The second question is a practical one. Are high tax rates

eventually counterproductive?
These are the questions that ought to be asked every time
there is a debate about increased public spending versus
tax cuts. Finally, in the absence of a party that really
champions the taxpayer, maybe the time has come for a
taxpayers' alliance to create real pressure for a fairer tax
system.

http://www.rte.ie/news/2016/0927/
819677-noonan-cabinet-budget/

#not1pipe Irish Water are in Jugback Green off Applewood

Village

They called to my house to tell me they will be back next week with
my meter..no one to back me up so I guess they will just block up
my drive and put the dam thing in....if they are brave enough to
pass this big lad

SCAREMONGERING of the highest degree just as the

'eviction courts' are resuming around the country. Please
disregard HOW MUCH this family owe, and try to
remember the 'boom times' and 'predatory lending' that
was occurring during the Celtic Tiger period. This is a
FAMILY who have NOTHING left but their home. If anybody
knows them, please tell them to get in touch with us, as
there is always a LEGAL way back.We also know that the
Co. Registrar who doubles up as the Sheriff has NO
AUTHORITY to take a property... (Even if they do get a
percentage of the sale!)Do not let them DIVIDE AND
CONQUER by judging others on the amount they
borrowed.This is what the banks, the legal profession and
the judiciary expect!Try not to play their game.Stay in your
homes.Fight the banks.We will help you,We are FREE.

Co Kildare family face

eviction after failing to pay
3m debt
Quinn family last paid mortgage on five-bedroom
bungalow in Kilcullen in 2010
Fri, Sep 23, 2016, 13:52 Updated: Fri, Sep 23, 2016, 14:36

Ray Managh

A Co Kildare couple and their two children will be put

out of their home by bailiffs next Friday after failing to
pay a 3 million bank debt, the High Court has been
told.
Mr Justice Robert Haughton told John and Dolores
Quinn, of Woodside House, Dunnstown,
Brannockstown, Co Kildare, that he was unable to help
them.
The family live in a five-bedroom bungalow on about
three-quarters of an acre outside Kilcullen. The
property failed to sell at auction in February last.
Barrister Rudi Neuman, counsel for Bank of Ireland

Mortgage Bank that the couple owed the bank just over
3 million and that the Co Kildare Sheriff would be
executing a possession order next Friday.
The court heard that the couple borrowed 2,839,000
from the bank in November 2006 and the debt had
been secured by mortgage over their principal private
residence in Dunnstown.
Mr Justice Haughton, in sworn affidavits from the
bank, was told that the couple had defaulted on
repayments and now owed the bank 3,165,479 which
included arrears of 1.307,000. The last payment on
the mortgage had been 2,200 in June 2010.
The bank issued Circuit Court proceedings at Naas for
possession in August 2014 and, following
adjournments, the County Registrar made an order for
possession in July 2015 with a six months stay until
February 2016.
After the Quinns had failed to discharge the debt the
bank obtained an Execution Order and the Sheriff had
recently warned them he would be taking possession of
the property and evicting the Quinns next Friday.
In the High Court, Mr Quinn said that for a number of
reasons he had neglected appealing the County
Registrars order and as a result was not out of time.
He asked the judge to extend time to allow an appeal to
the High Court.
NOTES: 1. All tokens are represented by '$' sign in the template. 2. You can
write your code only wherever mentioned. 3. All occurrences of existing tokens
will be replaced by their appropriate values. 4. Blank lines will be removed
automatically. 5. Remove unnecessary comments before creating your
template.

Mr Justice Haughton said the proper line of appeal

from the County Registrar was to the Circuit Court and
he did not have the jurisdiction to deal with the matter.
He refused Mr Quinns application and stated he would
not make an order for costs against him and his wife.

In the absence of new legal intervention the County

Sheriff can from midnight on Thursday next move to
evict the Quinns.
http://www.irishtimes.com/news/crime-and-law/courts/high-court/co-kildarefamily-face-eviction-after-failing-to-pay-3m-debt-1.2803023#.VU3zirBxn0.facebook

23 September 2016
Verdict Tuesday, Protest 10am onwards at the Childrens court
Smithfield.

Resumption of the trial of the 17 year old accused of

falsely imprisoning Joanie in her car. We need big support
this day people. This decision could have huge bearing on
all future protests and protester

US investors suspected
'something rotten' in NAMA sale,
says Stormont minister
Updated / Sept. 27, 2016

Stormont's Finance Minister Mairtin O Muilleoir

This is the actual article body

US business figures believe there was

"something rotten" in the controversial sale
of NAMA's assets in Northern Ireland,
Stormont's Finance Minister has claimed
Mairtin O Muilleoir told the Assembly while
there was concern among would-be investors
stateside, he said they were also heartened
that the authorities in the US and Ireland
were striving to uncover "the truth"
surrounding the deal.
Allegations of wrongdoing linked to the 1.5
billion transaction between NAMA and US
investment giant Cerberus are currently
subject to an investigation by the UK's

National Criminal Agency (NCA), garda, and

the FBI and the Securities and Exchange
Commission (SEC) in the US.
The 2014 sale of NAMA's 800 Northern
Ireland property assets, called Project Eagle,
has been dogged by controversy, and claims
of inappropriate fixer fee arrangements, since
7 million linked to it was found in an Isle of
Man bank account.
All parties involved in, or linked to, the
transaction have denied wrongdoing.
The Stormont Finance Minister was
challenged during question time by UUP
Assembly member Sandra Overend on
whether he felt the furore had done the
region's international reputation damage.
"As I travel, it is my opinion that business
people, particularly in North America, look on
this deal in two ways," he said.
"They believe, as do most of us in the House,
that there was something rotten in how the
deal was fixed, formed and brought over the
line, as well as in how 7 million ended up in
the Isle of Man.
"Business people who I meet are heartened
by the fact that people are revolted by that
and determined to get at the truth."
The Sinn Fin minister added: "Those in high
positions in corporate boardrooms in North
America also welcome the fact that, on the
American side, the purchase of Project Eagle

by Cerberus is the subject of intense

investigation by the FBI and the SEC.
"They are two almost parallel but separate
lines of investigation.
"The people who I meet are confident that
the FBI and the SEC have the resources to
get to the truth of what happened.
"I have said this before, and I will say it
again, Ms Overend: it is my opinion that
getting to the truth will not be easy, and I
really think that we need an all-island
investigation.
"However, I have a lot of faith in the agencies
- starting at the level of the FBI and the SEC,
and then, of course, the NCA and the garda bringing to book and to justice those who are
guilty of what I believe was wrongdoing."
http://www.rte.ie/news/2016/0927/819686-us-investors-suspectedsomething-rotten-in-nama/

DUP will not partake in allIreland conversation on Brexit

Updated / Sept. 27, 2016

Arlene Foster reacted negatively when the notion of an allIreland forum on Brexit was first mooted

This is the actual article body

The DUP, Northern Ireland's largest party, has

confirmed that it will not
send representatives to take part in the allIreland conversation about Brexit announced
by Taoiseach Enda Kenny.
In a statement tonight, the DUP said its
position remains that no new structures were
necessary for discussions about the impact of
the EU membership referendum and said it
would not be participating in the initiative.

During the summer the party leader,

Northern Ireland First Minister Arlene Foster,
reacted negatively when the notion of an allIreland forum about Brexit was mooted.
Speaking during the first Leaders' Questions
of the new Dil term, the Taoiseach said he
was finalising plans to convene an all-Ireland
conversation following the UK's vote to leave
the European Union.

Responding to Sinn Fin leader Gerry Adams,

who asked when the "national conversation"
would take place, the Taoiseach said it would
be in November.
The group will include business people,
members of civic society and political parties.
Mr Kenny later told the Dil that he believes
that British Prime Minister Theresa May will
trigger Article 50 towards the end of January
or February.
Triggering Article 50 will kick off a two-year
period of exit negotiations between the UK
and the EU.
As well as Brexit, Budget 2017 was also top

of the agenda on the first day of the new Dil

term.
The Cabinet was briefed on the tax options
for the upcoming Budget by Minister for
Finance Michael Noonan earlier today.
The Taoiseach also told the Dil that the longterm issue of funding for third-level education
would not be tackled next month.
Asked by Fianna Fil leader Michel Martin
whether recommendations of the Cassells
report on third-level funding would be taken
into account in Budget 2017, Mr Kenny said
shorter term funding is being looked at.
Mr Kenny said the money is not there for the
medium- to the long-term funding of thirdlevel which is dealt with in Peter Cassells'
report.
Labour's Jan O'Sullivan asked for a
commitment that childcare receives the
investment she said it urgently needs.
Mr Kenny said the second pre-school year
had been introduced and two
weeks' paternity leave.
He said that Minister for Children Katherine
Zappone proposes to bring various schemes
together.
Call for referendum to repeal the Eighth
Amendment
Ruth Coppinger of the AAA-PBP appealed to
the Taoiseach to hold a referendum which
would repeal and not amend the Eighth

Amendment of the Constitution.

Ms Coppinger raised the issue during
Leaders' Questions as she and her colleagues
wore "Repeal" t-shirts in the House.

She told the Taoiseach that 165,000 women

have had to travel outside the State for an
abortion while Mr Kenny has been in the Dil.
Mr Kenny said the Citizens' Assembly would
address the many sensitive issues that had
arisen.
The assembly, which will hold its first
meeting on 15 October, is to consider several
topics, including the Eighth Amendment, the
ageing population, fixed term parliaments,
referendums and climate change.
It will consist of 99 members and Chairperson
Judge Mary Laffoy and will meet for up to ten
weekends for their discussions.
Mr Kenny said he had spoken to some of the
people who were on the march on Saturday
and there were very divided opinions on the
subject.

The Taoiseach said it was a "reasonable

thing" to allow people a voice on an issue
that has always been divisive.
Deputy Coppinger said a referendum to
repeal the Eighth Amendment would win,
citing an opinion poll.
Mr Kenny said he admired the courage of
those who had agreed to take part in the
Citizens' Assembly and said the hearings
would be streamed live so those at home and
abroad could hear them.
Later, clarification was sought from the
Ceann Comhairle on emblems and items of
clothing that express a political viewpoint
being worn in the Oireachtas.
Ceann Comhairle Sen Fearghalsaid the
matter would be discussed with the Business
Committee and the Committee on
Procedures.
Meanwhile, nurses protested outside Leinster
House on the first day of the Dil term.

Nursing unions outside the Dil

This is the actual article body

Nursing unions held a protest outside

the Dil today over payments that nurses
and midwives who graduated between 2011
and 2015 did not receive.
The Irish Nurses and Midwives Organisation,
the Psychiatric Nurses Association and SIPTU
took part and a delegation met Minister for
Health Simon Harris afterwards in Leinster
House.
Unions say that a deal with the Department
of Health in 2015 was to result in the
restoration of incremental credit for nurses
and midwives, for the 36-week internship
from 2011 but it was subsequently only
sanction for 2016 graduates onwards.
The clinical placement or internship is
undertaken by fourth-year nurses as part of
their degree course.
They are calling for pay parity for nurses who
graduated between 2011 and 2015; currently

they are at a disadvantage compared to

more senior and more junior colleagues.
The unions say the failure to award the credit
for those who graduated between 2011-2015
means they are earning less than their
colleagues pre-2011, which represents a loss
of over 1,400 a year for some graduates.
Meanwhile, officials from the Department of
Health and the Department of Public
Expenditure and Reform have met to see if
there is scope to review the process of
incremental credit to nurses.
Taoiseach Enda Kenny told the Dil that the
Department of Health is due to submit an
updated business case to Public Expenditure
and Reform on the matter in the coming
days.
Mr Kenny was responding to Sinn Fin leader
Gerry Adams who noted the protest by
nurses outside the Dil at lunchtime.
Deputy Adams called on the Government to
honour union agreements and to "end pay
discrimination."

Ex-candidate wants Google

to take down homophobe
claims
Mark Savage seeks court orders against Data Protection
Commissioner and Google Ireland
Wed, Apr 29, 2015, 11:51 Updated: Wed, Apr 29, 2015, 12:06

Ray Managh

Election literature featuring local election candidate Mark Savage.

A Co Dublin man has asked a court to direct that

Google take down published items which, he claims,
wrongly brand him as a homophobic.
Mark Savage, of Lios Cian, Swords, is seeking judicial
orders in the Circuit Civil Court against the Data
Protection Commissioner and Google Ireland.
Following a brief court appearance, he told reporters
that when he had stood as a candidate in a local
election in his area he had for public safety reasons
highlighted as one of my election issues the use of
Donabate beach by perverted gay men.
Mr Savage said a number of defamatory remarks had
afterwards been maliciously published by a number of

people on Google to deliberately mark me out as a

homophobic, which I am not.
Mr Savage said he had been refused a Google takedown request and when he had asked the Data
Protection Commissioner to follow up on the matter,
he had been put off on the basis that both parties had
been awaiting the outcome of European Commission
guidelines on such publications and take-down issues.
He said he had now been put in a position in which
anyone Googling him were immediately met with
statements under a headline: Mark Savage, North
County Dublins Homophobic Candidate.
Mr Savages application had been listed for mention so
the court could be informed as to how long it might
take to deal with a trial of the issues. He told Circuit
Court President, Mr Justice Raymond Groarke, it
would take about two hours.
He told the judge that since the matter was of such
public interest, he would be asking for a protective
costs order to be made so that, should he lose the case,
he could not be met with a substantial legal costs bill.
Barrister Paul Anthony McDermott, who appeared for
the Data Protection Commissioner, said Mr Savage
should issue a motion in which he could formally apply
for a protective costs order, the granting of which was a
matter for the court.
Mr McDermott said an issue of discovery which Mr
Savage was seeking regarding correspondence between
the Data Protection Commissioner and Google could
also be dealt with at the same time.
Judge Groarke adjourned the matter until July so that
both motions could be heard together.
Google Ireland was not represented in court.
Mr Savage received 129 first preference votes in the
Swords district in the 2014 local election. He was not
elected to Fingal County Council.

http://www.irishtimes.com/news/crime-andlaw/courts/circuit-court/ex-candidate-wantsgoogle-to-take-down-homophobe-claims1.2193352

Court ruling shows our

data is in danger and the
US holds our laws in
contempt
TJ McIntyre
PUBLISHED
16/09/2014

1
Microsoft Office still dominates

The appointment of Helen Dixon as the new

Data Protection Commissioner has attracted
worldwide attention, due to the number of
US multi-nationals which have set up
headquarters in Ireland.
It was one of two recent developments which have major
significance for privacy in Ireland and elsewhere in the
years ahead.
Ms Dixon's appointment makes her responsible for the
personal data of hundreds of millions of European users of
companies such as Facebook, LinkedIn and Microsoft.
The presence of these firms in Ireland creates challenges
for Ms Dixon. She will be overseeing some of the largest
companies in the world - and doing so with only 31 staff
and limited enforcement powers compared to other
regulators.
These challenges were highlighted by the second
development - the finding by a New York court that
Microsoft was in contempt of court by refusing to hand
over user emails and other information stored in its
Dublin data centre. Microsoft had argued that the US
court could not make an extraterritorial order - that it
could no more order a search of emails in Dublin than it
could order the search of a building in Dublin. The court
disagreed, holding that because Microsoft is subject to US
jurisdiction it can be required to disclose any information
it controls, regardless of where the information is stored.
The decision creates a straight conflict between US law
and the law in Ireland, where Microsoft could be in breach
of the Data Protection Act and face criminal liability by
following the US decision, rather than insisting on an Irish
court order. Rather than comply, Microsoft took the
unusual step of accepting a contempt of court finding so
that it could file an appeal.
That Microsoft felt compelled to do so highlights the
importance of the case and the way in which it leaves

Microsoft and other firms trapped between US and

European privacy laws. US firms have, for some time, been
losing business in Europe due to distrust of US
surveillance, especially following the Snowden revelations.
To counter this, Microsoft and others have offered
guarantees that European data will only be stored in
European data centres - on the assumption that this will
keep it beyond the reach of the US authorities.
The ruling against Microsoft, however, means that the
physical location of data is no safeguard against US
government intrusion. Instead, personal information
stored with any US firm is at risk.
The result is a fundamental threat to the ability of many of
these firms to do business in Europe. For example,
numerous public bodies - such as Irish universities and
even the UK Houses of Parliament - have moved their
email, cloud storage and other services to US firms. In
light of this ruling they will have to reconsider those
choices and ask whether US services can guarantee the
confidentiality of the sensitive information they hold.
However, the issues involved go well beyond the
commercial interests of US firms (or even the impact on
their Irish operations and jobs). Perhaps most
importantly, the case highlights how dependent internet
users worldwide are on US providers - and therefore how
exposed they are to US surveillance.
The services which we use, from email to instant
messaging to social networks to photo hosting, are
dominated by a small number of companies
headquartered on the west coast of the US. There is no
equivalent European industry yet. As a result we all have a
legitimate interest in knowing whether US law provides
adequate protection for our privacy.
The approach taken by the US court - which simply
disregards the requirements of European privacy laws - is
unsustainable. One might ask how the US would respond
if foreign states ordered, in a way which violated US
privacy laws, the handover of data stored in the US.

How should Ireland respond to the Microsoft decision?

The government, through the recently-appointed Minister
for EU Affairs and Data Protection Dara Murphy, has
already expressed concern to the US and raised the matter
with the Data Protection Commissioner, who will have to
consider what steps to take against Microsoft to ensure
compliance with Irish law.
However, it would be desirable to go further. Two concrete
steps should be taken at this stage. First, the government
should consider filing an argument in the Microsoft
appeal. By lodging an amicus curiae ("friend of the court")
brief it could set out the ways in which US prosecutors
could get the information they want in a manner
consistent with Irish law.
Second, the government should publicly review the
operation of Ireland's Mutual Legal Assistance Treaty
(MLAT) with the United States.
The emails held in Dublin could have been legitimately
accessed under that treaty - but US prosecutors argued
that they should not have to follow that approach on the
basis that it was too slow and cumbersome.
If this is true then the MLAT system should be reformed if not, then the US courts should know that they have been
misinformed.
Dr TJ McIntyre is a lecturer in the UCD Sutherland
School of Law and chair of Digital Rights Ireland
http://www.independent.ie/opinion/court-ruling-shows-our-data-is-indanger-and-the-us-holds-our-laws-in-contempt-30589125.html

Invalid Without a Referendum to the irish citizens,

Cannot be legal, IRELAND Mutual Legal Assistance
Treaty signed at Washington January 18, 2001; Transmitted by
the President of the United States of America to the Senate
July 11, 2002
http://www.state.gov/documents/organization/129536.pdf

Invalid Without a Referendum to the irish citizens,

Cannot be legal, MUTUAL LEGAL ASSISTANCE Treaty
Between the ... United States, ... UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND Mutual Legal
Assistance Treaty signed at
http://www.state.gov/documents/organization/176269.pdf

TREATIES AND OTHER INTERNATIONAL ACTS SERIES

12964
CONSULS

Protocol Between the

UNITED STATES OF AMERICA
and IRELAND
Amending the Convention of May 1, 1950,
as Amended
Signed at Washington June 16, 1998

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)
. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be
competent
evidence . . . of the treaties, international agreements
other than
treaties, and proclamations by the President of such
treaties and

international agreements other than treaties, as the case

may be,
therein contained, in all the courts of law and equity and of
maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any
further proof
or authentication thereof.

IRELAND
Consuls
Protocol amending the convention of May 1, 1950, as
amended.
Signed at Washington June 16, 1998;
Transmitted by the President of the United States of
America
to the Senate September 5, 2000 (Treaty Doc. 106-43,
106th Congress, 2d Session);
Reported favorably by the Senate Committee on Foreign
Relations
September 27, 2000 (Senate Executive Report No. 10620,
106th Congress, 2d Session);
Advice and consent to ratification by the Senate
October 18, 2000;
Ratified by the President December 23, 2000;
Entered into force March 27, 2002.
PROTOCOL
AMENDING THE 1950 CONSULAR CONVENTION
BETWEEN
THE UNITED STATES OF AMERICA
AND
IRELAND
The United States of America and Ireland,

Considering that it has become advisable to extend in

certain respects the Consular
Convention which was agreed at Dublin on May 1, 1950,
Have decided to conclude a Protocol No. 2, amending the
Consular Convention and agree
as follows:
2
ARTICLE I
Notwithstanding the provisions of Article 13(5)(a) of the
Convention, the relief from
the burden of taxation given under the Convention can be
extended to include relief from
taxes for which the consular officer or employee can be
charged, but in respect of which
he or she would not be the person legally liable, in the
absence of such relief.
ARTICLE 2
Notwithstanding the provisions of Article 13(5)(b)(iv) of the
Convention, the relief
from the burden of taxation given under the Convention
can be extended to include relief
from taxes on transactions.
ARTICLE 3
Unless provided otherwise in this Protocol, the relief
referred to in Articles 1 and 2
shall be as follows:
(1) The Embassy and the career Consulates of the United
States of America
located in the territory of Ireland shall be exempt from or
be refunded all
identifiable national, regional and municipal taxes whether
or not
incorporated in the price of goods or services supplied for
official use.
(2) United States diplomatic agents and administrative and
technical staff of
the Embassy, and consular officers and consular

employees of the career

Consulates of the United States of America located in the
territory of
Ireland (with the exception of persons who are nationals of
or permanently
resident in Ireland) shall be exempt from or be refunded all
identifiable
national, regional and municipal taxes whether or not
incorporated in the
price of goods or services supplied for official or personal
use.
(3) The Embassy and the career Consulates of Ireland
located in the territory
of the United States of America shall be exempt from all
identifiable
federal, state and municipal taxes on the purchase or sale
of goods and
services supplied for official use.
(4) Irish diplomatic agents and administrative and
technical staff of the
Embassy, and consular officers and consular employees
of the career
3
Consulates of Ireland located in the territory of the United
States of
America (with the exception of persons who are nationals
of or
permanently resident in the United States) shall be
exempt from all
identifiable federal, state and municipal taxes on the
purchase or sale of
goods and services supplied for official or personal use.
2. Where a person qualifies for relief under subparagraphs
(2) or (4) of Article 3.1,
the relief shall also apply, in like manner, to members of
their families forming part
of their respective households.

ARTICLE 4
The Contracting Parties agree that a special reciprocal
administrative arrangement will
apply in respect of relief of taxation on motor vehicles.
ARTICLE 5
This Protocol is without prejudice to the position of the
Parties regarding their
respective interpretations of the Vienna Convention on
Diplomatic Relations of 18 April
1961 and the Vienna Convention on Consular Relations of
24 April 1963. The grant of
tax exemption in the United States accorded by this
Protocol shall have the same scope as
the grant of tax exemption accorded by the United States
in implementation of the said
Vienna Conventions.
ARTICLE 6
This Protocol shall enter into force on the thirtieth day after
both Contracting Parties
have been notified that the respective domestic
requirements for its entry into force have
been completed.
ARTICLE 7
This Protocol shall continue in force until either
Contracting Party shall have given to
the other six months notice of termination.
4
ARTICLE 8
This Protocol and the Convention and the Protocol of
1952 shall be construed and read
together as one document.
IN WITNESS WHEREOF the undersigned, being duly
authorised by their respective
Governments, have signed this Protocol.
DONE at Washington, in duplicate, this sixteenth day of
June, 1998, in the English
language, the text being authentic.

FOR THE UNITED STATES OF AMERICA: FOR

IRELAND:

Ireland - Protocol Amending the Consular

Convention of May 1, 1950, as Amended
2012
http://www.state.gov/documents/organization/112504.pdf

Irish Government Enters the Legal Battlefield

in...
... the so-called Mutual Legal Assistance Treaty (MLAT) ...
Ireland points to the co-operative treaty with the United
States ... Irelands decision to make .

Irish Government Enters

the Legal Battlefield in
International Fight over
Email Disclosure
30 April 2015
Click here to subscribe to our weekly tech law updates
In the on-going saga that is Microsoft Corporation v. United States
of America, the Irish Government (Ireland) has made the
decision to enter the fray. Late last year, Ireland commenced its
own chapter by filing papers to highlight issues of sovereignty and
mechanisms for international disclosure. This case, as described in
our previous post, centres on the request by US authorities for the
disclosure of emails held on Dublin-based servers. The case has
attracted many such contributions, particularly from a number of

technology companies including Amazon, Cisco, Apple and AT&T.

In recent weeks, both Microsoft and the US Government have
made further submissions in advance of the hearing of Microsofts
appeal this summer, which we will consider in next weeks post.
Why has Ireland decided to get involved?
Ireland has made its submission to highlight the possible
infringement by other states of its sovereign rights regarding
jurisdiction over its own territory. In its submission to the US Court
of Appeals for the Second Circuit in New York, Ireland makes three
points to the court.
The effect of not intervening

Ireland states that it does not accept any implication that it must
intervene in a foreign court case to protect its sovereignty. It argues
that foreign courts are obliged to respect Irish sovereignty (and that
of all other nations) whether or not Ireland is a party to the case. In
other words, Ireland asserts that it has not consented to a potential
infringement of its rights, merely by failure to intervene in the case
made before a foreign court.
Existing routes ignored
Ireland continues to facilitate cooperation with other states in the
fight against crime. This is reflected in the various treaties with
nations around the world; the so-called Mutual Legal Assistance
Treaty (MLAT) process. In its submission, Ireland points to the cooperative treaty with the United States addressing the issue at
hand. In particular, Ireland said it would be pleased to consider, as
expeditiously as possible, a request under the treaty should one be
made.
A decision of the Irish Supreme Court
Finally, Ireland highlighted the Irish Supreme Courts decision in
Walsh v National Irish Bank, which it believes is relevant to the
appeal and has not previously been considered. This case

demonstrates a situation where an order was made to disclose

information held outside of Ireland. However, the facts concerned a
branch (as opposed to a separate legal entity) of the company,
based on the Isle of Man. In that case, the Supreme Court held
that, in the absence of alternative means of obtaining information
required for a criminal or similar investigation, the Irish courts may
order records from an Irish entity on foreign soil. This, however, is
an extremely narrow test.
What does this mean?
The Irish submission to the US Court of Appeals joins a long line of
submissions from other interested parties. While the US Court may
consider each submission in deciding the case, the primary focus
will be centred on the arguments of Microsoft and the US, and the
interpretation of the relevant US rules.
Irelands decision to make a submission in this case underlines the
perceived importance of the case and the awaited decision of the
US Court. In particular, foreign policy and sovereignty concerns
feature prominently. This is not the Irish Governments first
opportunity to comment on the case, with Irish Minister for EU
Affairs and Data Protection, Dara Murphy TD, previously
categorising the US authorities attempts to force disclosure as
being objectionable.
Support in the Industry
The consequences of this case are likely to be felt by other major
technology companies. Many of the big players in the industry,
such as Apple and Amazon, have also chosen to file briefs in
support of Microsofts position. There are already serious concerns
and strains evident in some EU jurisdictions over the extent to
which the US Government can access data in the cloud,
particularly after the Edward Snowden allegations. This ruling, if
upheld, has ramifications for foreign policy and for the privacy of
citizens outside of the US. The German Government has already
stated that it will not be using US servers for data storage unless
the decision is overturned. It will be interesting to see how the
Court deals with Microsofts appeal.

Next week, in advance of the upcoming appeal hearing this

summer, we consider the arguments from both sides.
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The contents of this publication are to assist access to information
and do not constitute legal or other advice. Copyright Mason
Hayes & Curran 2015. All rights reserved.
http://www.mhc.ie/latest/blog/irish-government-enters-the-legalbattlefield-in-international-fight-over-email-disclosure

Can US Law
Enforcement Access
Information on Irish
Servers? The
Microsoft Saga
11 September 2014
Click here to subscribe to our weekly tech law updates
In the past few months, Ireland has found itself at the centre of an
intense battle over whether US authorities can access data on
Irish-based Microsoft servers. The debate has continued with a

recent decision of the New York District Court to remove the

suspension on the warrant ordering the handover. Following this
decision, on 5 September 2014 the case shifted up a gear with
Microsoft voluntarily entering contempt and proceeding to the
Second Circuit Court of Appeals to continue the case. With the
case soon entering Round 3, we take a look at the issues.
Background
In late 2013, a federal Magistrate in New York granted a search
warrant under the US Stored Communications Act (SCA) against
data held by Microsoft Corporation. The warrant was issued for
both user and content (email) data as part of an on-going
investigation into narcotics trafficking. The relevant data is stored
on Microsofts Irish servers. Microsoft unsuccessfully challenged
the warrant in front of the issuing Magistrate. Microsoft then
appealed this decision to a District Court Judge, but the
Magistrates ruling, and consequently the warrant, was confirmed.
What is disputed?
Microsoft, supported by other large internet companies such as
AT&T, Apple, Cisco and Verizon, contends that the data held on
Irish servers is not subject to US jurisdiction. While Microsoft
produced the non-content data held on its US servers, it filed a
motion to overturn the warrant upon discovery that the emails were
located in its Dublin data centre. Microsoft argues that the SCA
warrant cannot reach data held in Ireland and official international
channels must instead be pursued. In addition, Microsoft points out
that even if such access were permitted under US law, the warrant
itself would be unconstitutional for failing to be sufficiently specific.
In the Magistrates ruling, however, the judge reasoned that
although the SCA uses the term warrant, it is a hybrid. While it is
obtained like a search warrant, it is executed like a subpoena. In
essence, this means that rather than the authorities breaking down
the door and taking evidence (warrant), Microsoft is served with
the request and required to produce the data (subpoena).
Consequently, regardless of the location of the servers and data,

Microsoft was required to produce the relevant information.

However, the case is less than clear-cut given a number of
ambiguities identified in both the SCAs interpretation and its
historical drafting. Of particular note was the fact that the
Magistrate examined Microsofts arguments in light of the practical
considerations of overturning the warrant. From an Irish
perspective, the Magistrate made some novel points in support of
the warrant. He referred to the suggestion that a search only
occurs when the data is exposed to human observation, such as
appearing on a screen. In the current situation, this would mean
the search would deemed to be occurring within the US, since the
servers would be accessed from there. In addition, he indicated
that the Patriot Act - one of the more controversial pieces of US law
- deems that the property (which is to be searched) is located
where the ISP (and not the server) is located.
International cooperation
The conventional route for seeking evidence in another nation is by
way of Mutual Legal Assistance Treaty (MLAT), such as that in
place between Ireland and the US since 2001. These treaties
formalise the process that law enforcement must follow in order to
obtain evidence from another territory. In Ireland, the process is
established under the Criminal Justice (Mutual Assistance) Act
2008. While the Magistrate in the original ruling acknowledged the
existence of the MLAT procedure, he noted that the process can be
cumbersome and requires the engagement and agreement of both
governments. The court declined to consider the terms of the
MLAT that is currently in place between Ireland and the United
States.
Irish challenges
From an Irish data protection standpoint, compliance with the
warrant by handing over the data may breach Irish and EU law.
Certain provisions of the Data Protection Acts 1988 and 2003
(DPA), such as processing the data fairly, keeping the data
secure and restricting non-EEA transfers of the data, would likely

be breached. While the DPA provides a number of exemptions

usually availed of in these situations, they are unlikely to apply.
Microsoft itself adduced expert evidence, from the former Attorney
General of Ireland, that compliance would likely cause it to breach
Irish law. Consequently, Microsoft finds itself in a catch-22 situation
between the US authorities on the one hand, and the Irish and
European data protection regime on the other.
Current status and next steps
In the most recent decision of 29 August 2014, the District Court
Judge removed the suspension on the warrant. Additionally, the
judge found that, on jurisdictional grounds, Microsoft has no right
to directly appeal the decision of the Court. This meant that
Microsoft was now legally required to immediately hand over the
emails sought by prosecutors.
Consequently, at its own request, Microsoft was found in contempt
of court on 5 September 2014 for failure to comply with the
warrant. The judge imposed no further sanctions on the company,
noting that the contempt order now permitted Microsoft to
immediately appeal her earlier ruling.
Microsoft has since signalled an appeal, with its filings due to be
entered on 8 December 2014. It remains to be seen whether
Microsofts arguments will prove more successful before the US
appeal courts than they have been to-date.
Views of the Irish government
Reacting to the case on behalf of the Irish government, Dara
Murphy TD, Minister for EU Affairs and Data Protection, has said
that the manner in which the US authorities is attempting to force
disclosure of foreign data held by Microsoft is objectionable. The
Minister further warned that any such attempt by the US authorities
to compel disclosure may result in Microsoft, and other US
companies with operations in the EU, which are served with such
warrants in the future being in breach of the Irish Data Protection
Acts and the EU Data Protection Directive. Any such scenario
would create significant legal uncertainty for Irish and EU

consumers and companies regarding the protection of their data.

The Minister has stated that cooperation in the area of law
enforcement is a fundamental element of Irelands international
relations. The government is not objecting to the principle of data
transfer but rather the process that the US authorities are
attempting to use. Minister Murphy has said that the Irish
government is committed to ensuring that data is only transferred
to law enforcement in other jurisdictions in compliance with the
MLAT process.
What does the case mean?
This case comes at a time when both the US government and US
intelligence agencies are increasingly under pressure, both
nationally and internationally, with respect to online data and
evidence gathering. In line with this, perceived trust in the cloud
has decreased significantly, not least due to hacks in recent days,
and cloud providers are eager to build and restore that trust.
It also poses significant questions for US technology companies
with data centres located in the European Union. The ruling
handed down suggests that despite the storage of data beyond US
borders, US courts can and will interpret US law as requiring the
disclosure of such data, even if it would cause the recipient of the
warrant to act inconsistenty with the laws of another state.
For now, the warrant remains on hold pending further decisions of
the superior US courts. Watch this space.
http://www.mhc.ie/latest/blog/can-us-law-enforcement-accessinformation-on-irish-servers-the-microsoft-saga

New Dispute Resolution

Partner Appointed at
Mason Hayes & Curran
26 September 2016

We are pleased to announce the appointment of Gareth Steen as a

partner in our Dispute Resolution team. Gareth advises companies
and their officers in relation to solvency issues and acts for a
variety of stakeholders in formal insolvency processes including
receiverships, examinerships, bankruptcy and voluntary and
compulsory liquidations. He has significant experience of complex
insolvency-related litigation and acts for insolvency office holders
as well as secured and unsecured creditors. He regularly acts in
high value Commercial Court disputes.
Commenting on his appointment, Maurice Phelan, Head of Dispute
Resolution, said, Gareths appointment reflects the focus of our
Dispute Resolution team to provide our clients with first-class legal
advice, with an emphasis on the rigorous evaluation of risk and the
effective presentation of a clients position.
Gareth is a member of the Irish Society of Insolvency Practitioners
and INSOL Europe, the European organisation of professionals
who specialise in insolvency.
Wind_Energy_Tombstone_July_2015)
http://www.mhc.ie/uploads/pdf/Wind_Energy_Tombstone_July_201
5%29.pdf
Chambers Europe, 2014
'The lawyers have a great level of involvement and are very
good at coming back to us at each stage of the
matter. Impressive.

view less...

Recent Work

X
X

Below is a list of some of the more significant matters that the team
has advised on:
Acting for Kelda Water (owned by Yorkshire Water) in relation to a
number of tenders for contracts to design, build and operate water
treatment, supply and augmentation plants in Ireland.
Provided detailed advices to the Treasury/Sisk consortium on the
application of the Foreshore Acts to the proposed 200m U2 Tower
PPP process, the allocation of risk under the proposed
development agreement, the bankability of the
lease/licence/freehold interest to be conveyed.
Advised on the implementation in Ireland of the Habitats Directive
and on challenging An Brd Pleanla decisions.
Advises the Dublin Port Company, the Dun Laoghaire Harbour
Company, Shannon Foynes Port Company and the Environmental
Protection Agency among others with respect to the planning,
environmental impact assessment and foreshore licensing regimes
applicable in Ireland.
Various members of our Construction and Engineering Team have
also represented the following port, shipping and offshore
construction companies: J. Ray McDermott in respect of off-shore
construction projects, Andros Maritime, Olympic Maritime , Port of
Sheerness, Port of Tyne and Tees, Prudential / Lloyds insurers, V
Ships and Van Oord.
Advised a significant number of clients (including developers,
semi-states, local authorities, funders and statutory bodies) in
relation to the requirements and application processes to procure
foreshore licences, including advices on variations to such
foreshore licences. This advice has been rendered in the context of
construction projects, sub-sea cabling projects, harbour
developments and asset sales which have involved use of or
access to the foreshore. In particular, we have advised, on the
pertinent sections of the Planning and Development Acts which
apply specifically to the foreshore and those which apply to the
compulsory acquisition of foreshore by a local authority in

partnership with others. We regularly advise with respect to the

relevant provisions of the Foreshore Acts and the Harbour Acts.
We have a wide-range of experience in planning matters generally,
as demonstrated below.
Advised Investec Bank plc., in relation to the Irish law aspects of
the financing of a 136km subsea telecommunications cable
network (CeltixConnect) from the Republic of Ireland to North
Wales by Sea Fibre Networks Limited. Advice included an analysis
of all required planning permissions, consents and licences
required for the route. In particular we advised our client with
respect to the consenting strategy for the sub-sea cabling. We also
assessed the compliance by the project company with
environmental legislation. The environmental advice was
particularly important as critical elements of the works were being
carried out on Bull Island and in Dublin Bay which are both Natura
2000 sites (that is a site protected by the European natural
protection regulations). Part of our review and analysis included
compliance with Habitats and Birds Directive and whether
elements of the works in the vicinity were still exempted
development following the implementation of the Planning and
Development (Amendment) Act, 2010 and whether statutory
undertaking exemptions would still apply. This advice also included
the examination of the foreshore licence granted for the works an
analysis of the obligations and possible exposures for the financing
bank with respect to the management and delivery of the sub-sea
cable onshore.
We are the sole legal advisor to the Grangegorman Development
Agency, the statutory body tasked with redeveloping a 72-acre
central Dublin site. This is an urban renewal project worth between
500 million and 1billion and is one of the biggest urban renewal
projects in Europe. Advice has related specifically to PPP issues,
planning and environmental law (including Environmental Impact
Assessments).

The content of this article is provided for information purposes only

and does not constitute legal or other advice.
http://www.mhc.ie/latest/news/new-dispute-resolution-partner

Planning and Development Amendment Act

2010
This part amends the Planning and Development Act 2007.
4 Ministers powers in relation to draft plan ... page 4 Planning
and Development Amendment Act 2010
http://www.irishstatutebook.ie/eli/2010/act/30/enacted/en/pdf
Implementation of the 2010 Regional Planning Guidelines are a vital
part of the Governments ... the enactment of the Planning and
Development (Amendment) Act 2010
http://www.housing.gov.ie/sites/default/files/migratedfiles/en/Publications/DevelopmentandHousing/Planning/FileDownLoa
d%2C1605%2Cen.pdf

Unclassified ENV/EPOC/GEP(2014)5 OECD.org

ENV/EPOC/GEP(2014)5 ... Planning and Development
Reform . 11. ... culminated in the Planning and
Development (Amendment) Act 2010
http://www.oecd.org/env/countryreviews/Ireland_EPR_MidTermReport.pdf

ENVIRONMENTAL PERFORMANCE REVIEW OF IRELAND

MID-TERM PROGRESS REPORT Paris, OECD, 26-28 March
2014
English and English
This document has been prepared by the Irish Department
of the Environment, Community and Local Government. It
describes some of the main policy developments since the
last EPR of Ireland which was published in 2010, as well as
the actions taken by the Irish government to implement
the EPRs recommendations.

Charities Law Update:

Upcoming Public

Consultation Meetings
with the Charities
Regulator
26 September 2016
The Charities Regulator will host a series of public consultation
meetings at locations in Dublin, Galway and Cork in October 2016.
These meetings will discuss the development of new Accountancy
Regulations and Fundraising Guidelines.

Fundraising and financial reporting are always topical matters in

the charitable sector. The Charities Regulator is currently reviewing
both of these topics and wants to hear the views of the public on
the work being undertaken. Any charities, not-for-profit
organisations or members of the public with an interest in these
two important topics should consider attending the upcoming
public meetings being hosted by the Charities Regulator.
The meetings will be held in Dublin on 4 October, in Galway on
6 October and in Cork on 11 October. The Charities Regulator is
encouraging all those with an interest in this important discussion
to participate in the meetings and to voice their opinions.
The events will consist of two presentations followed by a Q&A
session. Tickets for each event can be obtained by following the
appropriate links provided on the Charities Regulators website.

Fundraising and Financial Reporting are topical

matters in the charitable sector at present. People

want to know where their money is going and how

it is acccounted for in an organisation's annual
returns.
With that in mind the Charities Regulator is
currently reviewing both of these areas and we
want to hear your views.
We are hosting a series of meetings, to consult
with external stakeholders, on the development of
new Accountancy Regulations as well as
Fundraising Guidelines.
Our first meeting will take place in Dublin on the
4th of October 2016.
The evening will consist of two presentations,
commencing at 7.30pm, with a Q + A session to
follow.
To secure your tickets please click on the link below
4th October - Dublin - The Morrison, a
DoubleTree by Hilton Hotel, Lower Ormond
Quay, Dublin 1
- https://www.eventbrite.ie/e/charities-regulatorconsultation-meeting-dublin-tickets-27728109522
6th October - Galway - Maldron Hotel - Sandy
Road, Headford Road, Galway
- https://www.eventbrite.ie/e/charities-regulatorconsultation-meeting-galway-tickets-27748330002
11th October - Cork - The Ambassador Hotel,
Military Hill, Cork
- https://www.eventbrite.ie/e/charities-regulatorconsultation-meeting-cork-tickets-27748361095

Charities Regulator

Organiser of Charities Regulator - Consultation

Meeting: CORK
The Charities Regulator is Ireland's national statutory
regulator for charitable organisations. The Charities
Regulator is an independent authority and was
established on the 16th of October 2014 under the
Charities Act 2009.

Functions of the Charities Regulator

Under the Charities Act 2009 the Charities Regulator
has the following general functions:
increase public trust and confidence in the
management and administration of charitable trusts
and charitable organisations,
promote compliance by charity trustees with their
duties in the control and management of charitable
trusts and charitable organisations,
promote the effective use of the property of
charitable trusts or charitable organisations,
ensure the accountability of charitable
organisations to donors and beneficiaries of charitable
gifts, and the public,
promote understanding of the requirement that
charitable purposes confer a public benefit,
establish and maintain a register of charitable
organisations,
ensure and monitor compliance by charitable
organisations with the Charities Act,
carry out investigations in accordance with the
Charities Act,
encourage and facilitate the better administration
and management of charitable organisations by the
provision of information or advice, including in
particular by way of issuing (or, as it considers
appropriate, approving) guidelines, codes of conduct,
and model constitutional documents,
carry on such activities or publish such information
(including statistical information) concerning
charitable organisations and charitable trusts as it
considers appropriate,
provide information (including statistical
information) or advice, or make proposals, to the
Minister on matters relating to the functions of the
Authority

https://www.eventbrite.ie/e/charities-regulator-consultation-meetingcork-tickets-27748361095

Atlantic Ocean Research

Alliance Co-chair Speaks
in Ireland
15 Jul 2016
Craig McLean of NOAA was recently featured in an Irish Times article
where he spoke on climate change, the potential of the oceans and the
importance of sea bed mapping. McLean was in Galway participating in
the Atlantic Seabed Mapping International Working Group meeting, a
meeting supported by the European Commissions Horizon 2020 funded
coordination and support action. He acted as the keynote speaker at the
Marine Institutes Harnessing our Ocean Wealth Conference 2016.

Pictured: Craig McLean speaking at the Harnessing Our Ocean Wealth

Conference.
Much of our existing mapping is based on single-beam bathymetry,
whereas we now have access to multibeam bathymetry, the cost of
which is falling all the time, McLean says, speaking on how
improvements in technology are now allowing for greater accuracy in
seabed mapping.
With only 5 per cent of the seafloor having been surveyed to modern
standards McLean highlights the need for more seabed information.
Collaborative mapping of the Atlantic is one of the priorities of the
Atlantic Ocean Research Alliance, which the US through McLean and
NOAA is involved in, along with Canada and the EU states.
http://www.atlanticresource.org/aora/site-area/news-events/pressreleases/atlantic-ocean-research-alliance-co-chair-speaks-ireland

5th Trans-Atlantic Seabed

Mapping Survey
22 Jul 2016
On July 22, 2016, the Atlantic Ocean Research Alliance is launching the
5th Trans-Atlantic seabed mapping survey. These surveys support the
Galway Statement on Atlantic Ocean Cooperation, the goals of which
are to join resources of its three signatories to better understand the
North Atlantic Ocean, to promote sustainable management of its
resources, and to promote citizens understanding of the Atlantic
through ocean literacy.
The expedition, which will take place from July 22 to August 2 on board
the Canadian Coast Guard Ship Louis S. St-Laurent, will map the
seafloor between Halifax, Nova Scotia, Canada and Tromso, Norway.
The Science Team will be led by Paola Travaglini of Fisheries and
Oceans Canadas Hydrographic Service. The team will use state-of-theart deep-water multibeam sonar technology to survey the seabed, and
study the physical characteristics of the seafloor as well as other

oceanographic data such as temperature, and salinity to better

characterize little known areas of the North Atlantic Ocean and build on
the work done in July 2015.

Participation will include Fisheries and Oceans Canada's Hydrographic

Service, the University of New Hampshires Center for Coastal and
Ocean Mapping Joint Hydrographic Center and the Fisheries and
Marine Institute of Memorial University of Newfoundland. Students and
early career scientists representing Canada and the United States
sailing on board on board CCGS Louis S. St-Laurent are writing daily
web logs to chronicle the mission which will be available on the blog
section of the AORA website. Follow along to read about updates and
reflections on their experiences, the science, technology, and other
elements of the expedition as we continue to celebrate our shared
Atlantic resource.
http://www.atlanticresource.org/aora/site-area/news-events/pressreleases/5th-trans-atlantic-seabed-mapping-survey

The Courtmacsherry RNLI All Weather Lifeboat was called out

at 5.46pm this evening to go to the immediate aid of a 60 foot
fishing boat that was sinking 20 miles off the Seven Heads
coastline in West Cork.
The Courtmacsherry Lifeboat under Coxswain Sean O'Farrell
and a crew of five launched immediately in response to the
serious mayday alert and in poor conditions and bad visability
reached the casualty at 6.40pm.

The Casualty had been taking in water rapidly and the Naval
Vesel LE Niamh also took part in the rescue, as was in the
vicinity, while the Coastguard helicopter was also tasked from
Waterford.
The lifeboat has now succeeded in transferring its mobile
pump and crew to the trawler in order to stem the intake of
water into the boat. Pumps from the naval vessel are being
used as well.
The lifeboat had now taken the stricken vessel in tow and is
heading at low speed for Union Hall with constant monitoring
of the intake of water on the fishing boat.
Conditions at sea this evening are very poor with strong winds
force 6/7 with heavy swells in the area. The visability is very
poor with low lying fog.
The estimated time of arrival in Union Hall is approx 12am
tonight.

Vindicated Lorraine Higgins

welcomes proposed

crackdown on online
harassment
Former Labour senator backs proposals to tackle revenge
porn and stalking
NEWS

Lorraine Higgins has compared her past efforts to

introduce anti-cyberbullying legislation as "whistling in
the wind".
The former Labour senator today welcomed measures
recommended by the Law Reform Commission (LRC) to
tackle online harassment and stalking, among other online
activities.
A report published by the independent legal body suggests
amending existing laws to deal with threatening and
intimidating online messages.
It also calls for the criminalisation of stalking and so-called
revenge porn, or the posting of sexually explicit images
without consent.
Ms Higgins said many of the proposals mirror provisions in her
internet safety bill, which passed the second Seanad stage
last year.

The proposed legislation aimed to tackle online threats and

abuse but was criticised by some commentators for appearing
to encroach on free speech.
Under her plan, a person found guilty of sharing harmful online
content, including explicit images, would face up to 12 months
in prison and/or a fine not exceeding 5,000.
Ms Higgins has since lost her Seanad seat, however, meaning
the Harmful and Malicious Electronic Communications Bill
2015 has yet to reach committee or report stage.
She told Newstalk.com that she still hopes to find another
Oireachtas member to drive it past the remaining hurdles.
But the Galway-based barrister acknowledged facing a
"serious wall of opposition" when she introduced the
legislation in the Seanad.
"I started this campaign in 2014, and I've been whistling in the
wind for most of the time," she said.
Ms Higgins, who was herself a victim of online bullying,
described arguments made by some critics of her bill as
"bunkum".
Referring to concerns over freedom of speech, she said:
"Thats a constitutional right.
"Any legislation that would be put forward would be deemed
unconstitutional if it contravened that section of the
constitution. Being a barrister, I was conscious of that.
"People also said there were adequate laws in place and Im
glad the LRC has pointed out that is not the case."
http://www.newstalk.com/Vindicated-Lorraine-Higgins-welcomesproposed-crackdown-on-online-harassment

The Law Reform Commission has recommended

introducing new legislation to tackle the posting of
sexually explicit images without consent.
A report published by the independent legal body also calls for
the criminalisation of stalking and 'upskirting', the surreptitious
taking of photos up a skirt or dress.
Reforms are suggested for the existing offence of harassment,
to ensure it includes online activity such as posting fake social
media profiles.
The report also proposes amending the legislation dealing
with threatening and intimidating messages, in order to
recognise the most serious types of online intimidation.

The offences in question would carry, on summary conviction,

maximum penalties of a class A fine (currently not exceeding
5,000) and/or up to 12 months' imprisonment.
There would an unlimited fine and/or a sentence of up to
seven years following conviction on indictment.
It is proposed that courts should also have the power to issue
restraining orders restricting suspects from communicating
and approaching victims, even if there has not been a criminal
prosecution.
Such an order can only currently be issued if a prosecution
has been brought.
The Report on Harmful Communications and Digital Safety is
expected to inform future legislation in the area.
Its publication comes just days after Minister for Justice
Frances Fitzgerald signalled her support for measures to deal
with revenge porn.
Addressing a conference in Belfast on Friday, Ms Fitzgerald
said the issue should be addressed in the crafting of a
renewed nation women's strategy.
Take-down procedures
Another LRC recommendation is to establish a digital safety
commissioner modelled on comparable offices in Australia and
New Zealand.
The report says one of the functions of the role would involve
publishing a new statutory code of practice on digital safety,
which would set out standards on take-down procedures.
Under the proposed system, individuals would initially apply
directly to a social media site to have harmful material
removed in accordance with agreed timelines.
If a social media site did not comply with the standards, the
individual could then appeal to the digital safety commissioner,
who could direct a social media site to fulfill the request.
The digital safety commissioner would be able to apply for a
court order if the site refused to carry out the instruction.
The position's remit would include activity outside the state as
well as offences occurring in Ireland.
The report also suggests measures to ensure the privacy of
victims is protected in any prosecution for a harmful
communications offence.
It says no prosecution should be brought against children

under the age of 17, except with the consent of the director of
public prosecutions.
Orla O'Connor of the National Women's Council welcomed the
recommendations in an interview with Newstalk.
"It is really shifting the responsibility away from the victim," she
said.
"Women, and our members, say this is increasingly a feature
of abusive relationships. It is a form of abuse and control."
The proposed criminalisation of stalking is particularly
welcome, Ms O'Connor added.
Harmful and Malicious Electronic Communications
Bill 2015

https://www.oireachtas.ie/documents/bills28/bills/2015/3715/b3715s
.pdf

Proposal to lure emigrants

home with tax savings is 'just
not going to fly' - Eddie
Hobbs

Skilled graduates and entrepreneurs living abroad could be

offered a special 30% tax rate for several years
BUSINESS & TECH

Highly skilled workers may be lured back to Ireland with a

tax break in the next Budget.
The Irish Independent claims graduates and entrepreneurs in
areas such as IT and medicine could be offered a special 30%
rate for a set period - despite earning more than 75,000 a
year.
The newspaper suggests the plan has been devised by Jobs
Minister Mary Mitchell O'Connor.
Follow

Newstalk

Should skilled graduates and entrepreneurs living abroad

be offered a special 30% tax rate to return home?
http://
bit.ly/2d2IY4Z
9:45 AM - 27 Sep 2016 Dublin City, Ireland, Ireland
16%Yes

79%No
5%Don't know
Vote

Kevin Doyle is the Group Political Editor for Independent

News and Media, and told Newstalk Breakfast about how the
Government is hoping to justify the move.
"It'll be a finite period, so it's not as if they're going to be on a
30% effective tax rate for the rest of their lives - it'll probably
be around five years.
"The other thing I suppose is there are plenty of mammies and
daddies who would love to see this come in if they thought
little Johnny or Mary might come home on the back of it," he
argued.
However, financial advisor Eddie Hobbs says the proposal
"has all of the aerodynamics of a flying brick" and is unlikely
to be welcomed by those who stayed behind during the tough
recession years.
Speaking to Pat Kenny, Eddie argued: "To be told that workers
like carpenters, plumbers, electricians, bus & train drivers,
garda and all the rest of us aren't skilled enough or important
enough to earn this particular tax break is crazy.
"It's not for the common good, that's the problem [...] This is a
tacit admission by the Government that the so-called
'progressive' tax system that we have is fundamentally
flawed."
He added that plan is "just not going to fly".
Fianna Fil's Public Expenditure spokesperson Dara Calleary
said he would have "grave concerns" about the proposal,
although would like to see more details.
"We do need to bring high-skilled people back, but the best
way to do that is a fair tax system for everybody," he said.
Speaking to Pat Kenny, Peter Cosgrove - director of CPL acknowledged that "we are short of people within certain
sectors."
However, he argued that while he likes the approach of
"bringing people back to create more jobs, more opportunities
[and] build new businesses", he does not see "how the
inequality would work" with a special tax rate.

"You cannot have two people sitting beside each other,

knowing one is doing better tax-wise," he observed.

I saw it today at the childrens court in Smithfield Dublin

two guards were itching for trouble while all the other
guards were behaving like professional police do. I think
most people copped on to them and decided that they
were not worth the hassle.
So yes we all know there is good cops, but the trouble is
there is too many corrupt guards in the force.
The guards are more like a criminal gang, if you are
unlucky to have a bit of bother with one of the corrupt
ones they make sure that all the other guards make you
suffer. This will backfire on them and they will pay a
terrible price, it will take time but the bomb is ticking with
every new piece of bad news about the guards, more and
more people are turning against them, i never did think i
would live to see this happen, they were so highly
respected up to about 20 years ago, now look at them,
they are hated more than the criminals, what a turn
around, what an own goal.
Armed gardai so called keepers of the peace and law breaking the
law illegally siezing my campervan i got it returned after 6 stressful
weeks of makin recorded phonecalls to coolock station i didn pay a
penny pound fees but i only had it back when same scum came
back and took itagain but this time r106 james muldowney the
corrupt knacker choked me 3 times v bad outside my home iat bk of
coolock station and in the station he robbed my phone which
recorded the 2nd illegal siezure and the asault 18 months later
judge ann ryan ordered it b returned after me pleadin all that time
for it, it was given back wiped of the cctv and local police family
aidan stratford who s family started my hrrassment 25yrs ago is
comin into court tellin lies he didn interfer wit it,im bein framed on
16 false charges includin loitering outside my own home that day i
was workin on it the corrupt bastards anyone thats been hard done
by by ghe police welcome to come to court on 12of jan next month
court 18 in ccj im facin jail again for nothin we the ppl in this country
need to put a stop to this corruption also muldowney denied receivin
the letters to hold station cctv under oath but i have recordings of
the superintendent admitting they got letters to hold cctv letters
were erote to superintendent too muldowney said in court super got
no lettrrs either it shud have been fucked out a long time ago but to
add to my trouble they got a tow truck driver to blow kisses at me
and wink at me leavin ccj didn know who he was other than thinkin

he was a copper i asked for his name so i could lodge complaints he

sniggered in me face 5 months later 6 armed police dragged me out
of my home sayin im being charged threatening to killvthe tow truck
driver who intimadted me fuckin dirty bastards evening gerald ran
story sayin man facing trail intimadatin witness im being stitched up
left right n centre for makin complaints about many of them over 20
odd yrs in the circuit court in march facin 10 yrs can u fuckin believe
they can get away with this keep sharin my videos thanks
everyonePart 2

Brendan Howlin: 'Clearly, the whole water charges issue

was a mistake'
After a crushing defeat in the last election, Labours
Brendan Howlin talks about water charges, Alan Kelly and
how the government nearly collapsed a number of times.
September 25, 16
BRENDAN HOWLIN OPENS the door to his office in Labour
headquarters in Leinster House. The quarters are notably
smaller than their previous haunt.
After a crushing defeat in the last election the worst in
their 104-year history the party saw its representation in
our national parliament fall from 37 to just 7.
Due to the partys massive loss, which meant that they
could neither afford nor fill that much office space any
more, Labours remaining people have been relegated
down a long corridor (which has a secret side entrance
into the Dil bar) to a part of Leinster House known as the
annex.
Their previous quarters the top floor, airy, rooms with a
view are now occupied by Sinn Fin, a bruising that is no
doubt difficult for some in the Labour Party to take.
There is a smell of fresh paint in the offices on Friday as
the recently-hired staff are buzzing around, preparing for
the party think-in which is taking place in Dublins Mansion
House that evening.
Veteran party leader
The party leader also has a pep in his step.
Taking a seat at the grand conference table, he explains
that the room was home to some well-known Labour
figures of the past, such as Dick Spring and the current
President, Michael D Higgins.
If the Labour leader wants a ministerial office on Kildare
Street in the future, things will have to change for the
party, and Howlin knows this.

Cast your minds back just a few years to 2011, and youll
remember Fine Gael and Labour rode a wave of populist
sentiment all the way to Dil Eireann.
But once Labour got their feet under the table, the larger
party in government placed two ticking time bombs in
their lap housing and water charges.
Water charges
Clearly, the whole water issue was a mistake, says
Howlin now.
During the Economic Management Council (EMC) meeting
in November 2014, Howlin says he and Eamon Gilmore
fought trenchantly for charges not to be introduced until
all the metering was completed.
The Labour leader says he didnt want them introduced
until an analysis of cost had been carried out so there
wouldnt be a fear from people.
We should have postponed it, we shouldnt have allowed
for it to go ahead.
Fine Gael were of the view that, no, no, once you started
charging, people would simply accept it.
Howlin admits his party misread the mood of the people
on the water charges issue.
Yes, probably. I think Irish Water became the last straw
for people who were already just hanging on by their
fingernails after going through the worst recession since
the foundation of the state, says the Wexford deputy.
Fine Gaels Phil Hogan set sail for Europe (he is currently
the European Commissioner on Agriculture), leaving
Labours then-Minister for the Environment Alan Kelly to
become the poster boy for water charges.
He [Phil] did go to Europe and there were big issues left in
the housing and water area. We tried to do the best that
we could with it and Alan made a decent fist of it.
Despite being out of government now, Labour is still not
budging or distancing themselves from the issue.
So why are they hitching their wagon to Irish Water, which
remains so toxic in the mind of the public? Howlin says he
is not going to go down the road of populism politics.
The one thing we said after the election the populist
thing for us to do and maybe the simplest thing for us to
do is to take the populist line on everything.
But Irish Water wasnt a mistake. I am absolutely

convinced we needed a single national utility to deliver

water.
Howlin maintains that 4 billion needs to be invested in
Irelands water infrastructure. Its his partys policy that a
charge should be implemented when someone goes over
their allotted free allowance.
But Irish Water is no longer Labours problem. So how
does he think the new government is handling the issue
these days?
I think it is a dogs dinner now. I dont know what the
future holds because Fianna Fil changes its position on it
every second Wednesday. I dont know what will ultimately
happen, but it cant be that whatever is popular this week
is the national strategic approach to a valuable resource,
he says.
Alan Kelly and THAT press conference
As if Labour didnt have enough problems after the
election, it almost immediately started to air its dirty
laundry in public with a squabble over the leadership.
Alan Kelly made his intentions for the leadership quite
clear, appearing on The Late Late Show and stating that
he wanted to take the top job. However, in the end, the
party went with veteran member Howlin.
The culmination was the Labour leadership press
conference, where there was one notable absence: Alan
Kelly.
Was he annoyed that Kelly had tried to steal his thunder
on what would be one of the biggest days of his career?
No, Alan made his own decision not to be there. I was very
happy and honoured to be in that position That day was
an important day for me and nothing blemished it.
We knew how fragile the party was at that stage. We
didnt want a long, protracted, internal introspective look
at ourselves. We had already done that- we had a
leadership election only two years ago, says Howlin.
Throughout the interview, Howlin is keen to drive the
message home that the Labour Party has turned a corner
and is ready to rebuild. Howlin doesnt want to hark back
to those days at the beginning of the summer.
He denies there is no love lost between him and Kelly.
I have a great working relationship with everyone in the
party, he says.

It is all hands on deck, everyone knows how hard we are

going to have to work to win back the trust.
A sore point
The election is clearly a sore point for Howlin. Adjusting in
his seat and clearing his throat, he says:
I think people were shocked at the scale of the defeat. To
lose 30 seats was shattering.
The party has been licking its wounds over the summer
with Howlin travelling the length and breadth of the
country to meet with constituents and assess the damage.
Politics that is the way the game works out sometimes
and you have to dust yourself off and get on with it.
The Wexford TD says he knows where their voters went.
They went all over the shop, he says.
Fianna Fil recovered a few seats, so Howlin acknowledges
the few they took from them in the 2011 election
returned. Others went to Sinn Fin, but the vast bulk went
to the independents, he says.
These are very much parked votes that we have to win
back. I dont take that for granted it is going to be a slow
and steady reach out to people.
It will involve explaining what we did in the last five years
including the mistakes we made, because it is clear that
people had different expectations of us and some people
were disappointed in us.
There were promises made that we didnt keep and that
wounded us, there is no doubt about it. We have to learn
from that and make sure it never happens again.
Howlin maintains Labour is a left, progressive, social
democratic party that strives to protect working people.
He hits back at other left groups who would disagree with
that description, noting that other left parties didnt make
great gains in the last election.
For all their campaigning and all their ranting, the AAAPBP didnt make a great advance, he says.
Ranters of the left
Todays government is a strange new mix of Fine Gael and
independents, backed to some degree by Fianna Fil.
Howlin doesnt think it will last more than a year.
I think we have to be prepared that this government wont
last a year.I know from discussions with senior ministers
that they think the whole thing is dysfunctional

themselves, although they wont say it publically, they

cant.
Not a week seems to go by that there isnt some sort of
crisis in Cabinet hitting the headlines. Did these sort of
disagreements go on between Fine Gael and Labour?
Yes, some of it would have happened behind closed doors
insofar as a clash of views and that is what coalition
thrash out behind closed doors.
We never allowed ourselves to be bullied. The government
came close to falling apart on more than one occasion, but
we kept it internal because it was too important for the
external view of Ireland, to invest in Ireland, to know that
we were holding it together as best we could.
Speaking about some members of the Independent
Alliance have been rocking the boat in Cabinet, Howlin
says:
Once government policy is determined it is either
government policy supported by all or people resign from
government. You cant be in and out at the same time.
I am listening to ministers now talking as if government is
different than themselves that cant be, he says.
What Fine Gael would have done
Despite criticisms that his party did not stand up to Fine
Gael as much as it should have, Howlin maintains the
country would be very different had Labour not been in
power.
There is no doubt about that. I know, because I was the
man charged with looking after the public purse and I
know what they would have done.
We had endless debate about expenditure. On the
taxation and the expenditure side if you look at what Fine
Gael actually said they would do and what we actually did
in government you will see the difference
On the taxation side they were inclined to reduce the top
rate of tax. We said no, we want to reduce the impact of
the Universal Social Charge (USC) on low income earners
because they were brought in by Fianna Fil at a punitive
rate on everything over 4,000.
He also cites the protection of core social welfare
payments, the marriage equality referendum and the
legislating for the X case as some of Labours
achievements in government.

The truth of the matter is, despite what the party or the
people give Labour credit for in the last government, they
have a long path ahead of them.
Theres a knock on the door and time is up. Howlin says he
has to rush to a radio interview.
With the partys annual think-in taking place over the next
two days the party leader is in demand. He was used to
receiving this level of attention during his time as Minister
for Public Expenditure and Reform, but its not as easy to
come by these days.
Labour has risen from the ashes before but can it do it
again? Howlin knows it will be quite the task, but he
seems up for the job.
It is a rebuild, it is a reconnect, we have to do that with a
degree of humility as well and ask people to support us
again.
http://www.thejournal.ie/brendan-howlin-sunday-interview2/
During the Economic Management Council (EMC) meeting
in November 2014, Howlin says he and Eamon Gilmore
fought trenchantly for charges not to be introduced until
all the metering was completed."
Irish Water. Founded by liars
May 4, 2014
Brendan Howlin's election "Manifesto" (tissue of false
promises) during Irish Labour party election campaign.
https://www.youtube.com/watch?v=jdp2pGo4SeE