Posts Tagged ‘Irish Government’
#Right2Water , Civil Disobedience and #PeoplePower in Ireland 2015
Yesterday on Twitter I received the following Tweet ….
What needs to be done to topple the #Irish Government? #Election2015 @LegalEagleStar @ballyhea14 @Glenna_lynch @Revolution_IRL @gazzahead
I replied ….
@thesecondgoing Mass Civil Disobedience !
As a lawyer, I have been criticised by many, in particular fellow lawyers, regarding the stance I’ve taken with regard to the Right2Water Campaign. This is a Citizen led Movement which has arisen as a result of the Irish Governments attempt to privatize our water, regardless of how hollow the rejection of this claim is, by the Elites who run this country. I have taken to the streets and marched Shoulder to Shoulder with my fellow Citizens and am proud to do so. While many people cannot afford to pay the proposed charges being imposed on us, a lot can. Luckily I am one of those that can. There is a principle at stake here. Austerity measures dictated by the IMF, the European Central Bank and others and imposed on the Irish People in order to pay the gambling debts of the Elites, their Bankers and Speculators are, in my opinion, immoral. Can’t Pay, Won’t Pay are what the banners say. They could read Can Pay, Won’t Pay and they would be as correct. People have said ‘Enough is enough’. The question is, am I correct in advocating a Don’t Pay policy?
I have read a lot about Civil Disobedience. Is it morally, if not legally correct? I came across the following…
I am inclined to agree with Thomas Jefferson, the principal author of the American Declaration of Independence (1776). Justice, surely has to play a role in our thinking. As lawyers we are trained to use the law to benefit our fellow citizens. When the law is unjust, we try to use the legal system to protect our clients. Our Courts on a regular basis try to mitigate the harshness of the law and find an interpretation which protects the citizen. What about when one political ideology in power attempts to subjugate the citizens to their point of view? We are told that we live in a democracy and the will of the people is demonstrated by the Ballot Box. In 2011 the Irish People Voted for Change. They ousted the Fianna Fail Government and replaced them with the two parties that advocated change, namely Fine Gael and The Irish Labour Party. While in opposition and prior to the General Election, both of these Parties talked the talk but as it turned out, they did not walk the walk and indeed the Irish People were subjected to the same policies that the previous hated Government had implemented. Sadly, even more austerity was heaped on the citizen. The most vulnerable in society, the young, the old, sick and the poor were particularly targeted by the ruthless implementation of austerity. People suffered as a result and indeed are still suffering to this very day. The new government claim that they were given a mandate by the people and are refusing to relinquish power. They say they intend to stay the full course. Is this democracy in action?
Democracy… government by the people; a form of government in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system. So in theory that is what we have.
While we’re deemed a Democratic State why are people in Ireland today so discontent? Something is wrong. They are not being listen to. Despite marching on the streets to demonstrate their opposition they are being fobbed off with our Government playing politics. Those in power are, in my opinion, not following an agenda on behalf of the citizens who voted them in. Instead they are following the dictates of the EU and other like-minded institutions whose agenda is somewhat different. Perhaps something is fundamentally wrong ….
While I have quoted from a Justice of the American Supreme Court, I feel that the same is equally relevant in the Irish context. The Irish Government panders to the will of those with great wealth to the detriment of the citizen, thus sadly creating a sub-class in our society, to which the vast majority now belong.
Photograph: Matthew Cooper/PA
It’s to be noted that lawyers have headed protest against injustice in many countries throughout the world. They have led the people. In Ireland today, it appears that we only hit the headlines when huge fees are concerned. This is unfair. I recognise those firms who act for the Elites but the vast majority of the legal profession are of the people and stand up for their rights. Individually, lawyers do have a moral conscience. Unfortunately that is not reflected in the media nor indeed, in my opinion, in the representative bodies who I feel should be questioning the legality of bailing out bondholders and banks and suchlike. True leadership should be shown. It has been left to #Ballyhea and other protest groups to continue the fight against Government Austerity policies which go to bail out the rich at the expense of the poor. In the past the Trade Union Movement lead the citizen in protesting injustice. Sadly today the major Union #SIPTU are so closely associated with the Labour Party that their silence is deafening. Without the likes of Ballyhea, this whole sorry chapter in Irish society would not have a voice of protest.
So, as a lawyer am I advocating breaking the law by supporting a No Pay to Water Charges? Well, you’ll have to be the judge of that. I will continue to support my fellow citizens in their fight against an unjust law. I am proud to be associated with such good people.
Finally, I think it worthwhile watching Matt Damon, a lifelong friend of Howard Zinn and his family, read excerpts from a speech Howard Zinn gave in 1970 as part of a debate on civil disobedience.
Poster courtesy of Arcturus Blackhorn
LegalEagleStar , Tuesday , 6th. January , 2015.
My Money is safe in the Bank. Of course, sure it’s as safe as houses ! Eh, sorry ?
Banking District (Photo credit: bsterling)
I have been asked to comment on the relationship between Customer and Banker. This arose from several conversations on Twitter where I have been criticised for attacking the morality, or lack thereof, of the Banks and their use of customers monies. I have been asked to point out the crimes which the Bankers have committed. I have struggled with this issue. I am not a Criminal Lawyer, my expertise being in Personal Injuries, Divorce and Real Estate Law. I personally believe that our Government, among others have subjugated the rights of the Citizen to those of the wealthy Elites and their Bankers. In paying off Bondholders, believed to be other Bankers and their kin, the Irish Government have decimated our economy resulting is terrible austerity imposed upon our Citizens. There is something wrong here. People are being ripped off, no other way to put it, by Bankers, now referred to as Banksters, because that is what they are, gangsters who have used the money deposited with them in whatever manner they so wish. They gamble with your money. Now, the Citizen is continually bailing out these same Banks. Our Government has chosen to stand firmly on the side of these banksters against the interests of the Citizen.
OK, so what is the legal position in all this. Sure isn’t our own money safe in the Bank ? Well, not really. Because once you hand your hard-earned money across the counter to the Bank, it is their money, not yours. The relationship is best described in a case brought before the English House of Lords (their highest Appeals Court) in the case of Foley v Hill. The Appellant in 1829 opened a bank account with the respondents, who were bankers. Further deposits were added in
1830 and in 1831 interest was still added. In 1838 the Appellant brought proceedings against the Respondent Bankers seeking recovery of both the principle and interest.
In his Judgment the Lord Chancellor Cottenham said…
” Money, when paid into a bank, ceases altogether to be the money of the principal; it is by then the money of the banker, who is bound to return an equivalent by paying a similar sum to that deposited with him when he is asked for it. The money paid into a banker’s is money known by the principal to be placed there for the purpose of being under the control of the banker; it is then the banker’s money; he is known to deal with it as his own; he makes what profit of it he can, which profit he retains to himself, paying back only the principal, according to the custom of bankers in some places, or the principal and a small rate of interest, according to the custom of bankers in other places. The money placed in custody of a banker is, to all intents and purposes, the money of the banker, to do with it as he pleases; he is guilty of no breach of trust in employing it; he is not answerable to the principal if he puts it into jeopardy, if he engages in a hazardous speculation; he is not bound to keep it or deal with it as the property of his principal; but he is, of course, answerable for the amount, because he has contracted, having received that money, to repay to the principal, when demanded, a sum equivalent to that paid into his hands.
That has been the subject of discussion in various cases, and that has been established to be the relative situation of banker and customer. That being established to be the relative situations of banker and customer, the banker is not an agent or factor, but he is a debtor. ”
So legally, when you deposit your money in a Bank, the Bank becomes the legal owner of your money and you become a Creditor of the Bank. In the event of the Bank becoming insolvent you take your place at the end of the queue after Secured Creditors. Should any monies be left after such payments have been made you will most likely receive maybe a cent in the Euro…if you’re lucky.
Surely the Government will secure my money for me? What about the Bank Guarantee? Well, in Ireland the State at present, will guarantee your money up to the tune of Euro 100,000. No doubt they can change this on a whim. As can be seen from the attempted confiscation of money from people’s accounts in Cyprus recently, any funds over 100,000 could be lost. Don’t be fooled by the amount of the guarantee. In many cases Citizens have received compensation for their injuries and have deposited the money in Banks to look after their disability for the many years to come. Some old people have saved up their whole lives so they would not be a burden on their families. People sell their homes and place the funds in a Bank while searching for somewhere else. In business, transactions take place where funds are obtained to secure a deal, purchase items etc. At any time those funds are not regarded as yours by the Bank but are being used by the Bank as they please. As we’ve seen so many times, The Banks are treated as too Big to Fail and as a result our National Sovereignty has been lost and it seems we are eternally indebted to them. Of course when Debt Forgiveness is mentioned for the Citizen this is dismissed out of hand. Divide and Conquer is deployed as a tactic. Sure I paid off my debt so why can’t he? Please, wake up before we’re all securely lodged in a debtors prison with no means of escape.
LegaleagleStar , Tuesday , 4th. June , 2013
Foley v Hill and Others , 1848 , Clerk’s Reports, House of Lords 1847-66 Pages 28 and Pages 36-37.
Childrens Referendum. A Sinister Constitutional Amendment or just another botched job ?
Mother holds Child (Photo credit: Wikipedia)
There are several issues or questions which arise when looking to the proposed Referendum on November 10th. Your legal right under Article 42.5 of the Constitution deciding on what is in the “best interest” of the child could now ultimately be decided by the State. The Courts already use this “best interest” test when deciding issues of custody, guardianship and access on a daily basis when parties cannot agree in Family Law proceedings.
Personally, I think that adoption is the biggest issue in the yes/no vote debate. Your child could be placed for adoption against your will. While I do not think this decision would be taken lightly and several steps have to be taken in this regard, it is a scary thought. This can happen in the context of what is the current child care procedure in which a child can be taken off its parents / parent / guardians and into the care of the State. An Interim Care Order is sought firstly and must be renewed every 28 days until the full hearing where it is decided whether a full Care Order is made or not. If a Care Order is made, it is put in place until the child attains 18 years of age. There are times however when parents etc. do apply before that time and a new Hearing occurs. Access can still take place between the parents and the child while the child is under the care of the State. The care system is in dire need of reform with the scary statistics showing the number of children who either die (260), go missing (500) or are ultimately abandoned by the State at the age of 18 years. This gives the State the power to make the child available for adoption once in their care. The Child Care Courts come under the remit of family law and therefore these proceedings are held “in camera” or in private and therefore the parties concerned are not permitted to discuss the matter in public.
There are flaws in the system and reform is needed in that, for example, while unmarried parents can voluntarily place their child up for adoption, there is no provision for a married couple to do so. There are children in long-term State care in which adoption would be appropriate in these cases. However, an argument for the yes vote says that in the past Judges hands were tied, in that they had to be satisfied that there was a high level of failure on the part of the parents and reform would mean a shift to a question of the child’s safety and welfare. I think in lowering any burden or moving the focus to the child is not necessarily the way forward. Independent Cllr Pat Kavanagh said recently to RTE that she is concerned that if the referendum is passed the State might move too early to forcibly remove children from families for adoption. The Wicklow town councillor, who has fostered children and who was a Social Care Worker for 16 years, said fostering costs the State a lot of money and is concerned there is an element of cost-cutting about the proposal. She also went on to state that adoption has ongoing consequences in that children will lose contact, not only with their parents but also with siblings and grandparents, as extended family will have no right of access to an adopted child in the long-term.
In England, in the Baby P case, 2 Doctors were struck off and 4 Social Workers were fired. In Ireland, 260 dead and 500 missing in a decade and nobody has been punished. Baby P, or baby Peter as it was later revealed, was a 17 month old boy who died in London after suffering more than 50 injuries over an eight month period. During this time he was seen several times by Haringey Children’s Services and NHS health professionals. The baby’s name was released on the conclusion of a subsequent trial of Peter’s mother’s boyfriend on a charge of raping a two-year-old. The child’s full identity was revealed when his killers were named after the expiry of a Court Anonymity Order on 10 August 2009.
Another issue that could possibly arise, for example, is that the State could decide that every child should and would be vaccinated and take away the power given to the parent to refuse. That’s not to say this would definitely happen or that these are the intentions of the Government, however, this is an example of the powers the Government could have if such Referendum is passed. Plus what little sovereignty, if any, Ireland still has, could be lost as the UN and EU could make new laws concerning children without the consent of the Irish Government. The United Nations Convention of the Rights of the Child is a legally binding Human Rights Treaty which, if article 42 is changed, will allow unelected people in the EU and UN re-write Irish Law. Like everything else in this country of recent years, it is the loss of the power of the people which is my main concern.
It’s definitely arguable that the UNCRC does not give Irish Children any real new rights which they did not possess before and by giving powers to the State, in fact, removes or takes away children’s rights. While the UNCRC gives rights to children there is no guarantee of these rights. There are developing countries which have ratified the UNCRC and therefore the children have rights to food and water and yet these children are still dying. Some countries also allow for child soldiers, forced marriages to name but a few. At the end of the day the UNCRC does not protect children, their parents, families etc. do.
I believe there should not be a simple Yes or No Vote in the upcoming Referendum but several sections broken down in which you could Vote Yes or No for each. There are flaws and there needs to be change and reform, but bundling it all together in the way it has been proposed, I personally believe is wrong.
LegalEagleStar , 1st. November , 2012 .
Phil Hogan, his Household Tax and Abuse of the Elderly.
Eamon Gilmore, leader of the Irish Labour Party, at the party's 2010 conference. (Photo credit: Wikipedia)
Well, the Fine Gael – Labour Coalition Government which was to bring in sweeping changes and provide the Irish Citizens with a new fresh pro-people Agenda, is this week engaged in terrorising the most vulnerable in our Society, the elderly. The days of get rid of Fianna Fail, those corrupt politicians, seems a long way away, now that Enda Kenny and Eamon Gilmore have taken power. Election promises are out the window while statements by Labour Chief Gilmore such as ‘Labours Way Not Frankfurts Way’ now seem laughable. This Government is a carbon-copy of what preceded it and are solely concerned with implementing the dictates of The Troika to the detriment of the Citizen.
While in the Post Office last week, I witnessed a distraught pensioner enquiring if she could pay the Household Tax at the counter. She was informed that she could buy a Postal Order and then post it in. She seemed confused and asked how much a Postal Order would cost and I think she was told Two Euro. She said she’d have to think about it as she was confused. Later I came across the same lady with some of her friends in a local shop as she searched for bargain cuts of beef to take home to her invalid husband. She was near to tears.
I visit my mother in Nazareth House whenever possible. My mother has a short-term memory problem as do a lot of other residents. Some spoke with me regarding the tax, clearly distraught. Others seemed really angry at the threats being made by Government politicians on the radio and were determined that they would not be paying the tax. They said they’d go to Jail before they would pay. Some residents still own their homes. One American lady told me that she paid Property Taxes when she had her own home in California. She said they were to fund the local school as well as other local amenities. She was happy to pay these as she felt she was contributing to her local community. I asked her would she pay the Household Tax here and she replied in a stong voice NO! She told me that she had paid Thousands of Euro in Stamp Duty when she moved back to Ireland. ‘I never paid Stamp Duty in California’ she told me. She had been advised that in Ireland we had no household tax but that the vast amount of stamp duty she had paid would be the Irish Equivalent to the Household Tax. She was furious that she was now being asked to pay both. She became distressed and I decided it prudent to leave her in the care of the helpers. I must say she was a lovely woman. Fair to all she met and now was suffering unnecessary stress by being Threatened with this new Tax. I might add that I only know of one resident who has a computer and that is an old IBM type, which she uses to maintain links with her family in Austria, by email.
Elderly abuse is horrific and one which has come to the forefront in recent years. I’m told that in Emmerdale, on the TV, that Ashley, the vicar, is abusing his father and that the story will run for the next while. In the course of my business I have many an occasion to deal with elderly people. They are great, amusing, sad, happy, in fact you witness a wide range of emotions. The one thing you do is to try to put their mind at rest. Deal with their problems and anxieties in a caring manner. They are vulnerable and society does not always deal them a fair hand. You can imagine my frustration and indeed anger while listening to Phil Hogan and his lackies threatening people to pay up or they will be charged extra and indeed will be prosecuted. Someone mentioned Jail. Well it was in the context that people would not be sent to Jail. Well, what did the elderly hear? They heard Court and add one and one together to get two, which means they’ll be sent to jail. I do not know Phil Hogan personally, but wonder whether in his previous incarnation as a school teacher and auctioneer that he developed an arrogance about him which is now coming to the fore. Let’s look up what Fine Gael have to say about him… ”He is the tallest person in the Dáil at 6 feet 5 inches. He rarely misses a G.A.A. match where Kilkenny are playing. He is good card player which is an essential requirement in politics.” Well, need I say more !
LegalEagleStar , Tuesday , 27th. March , 2012
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