Simon Coveney, Water Bill Debt Must Be Paid
Simon Coveney, Water Bill Debt Must Be Paid
Simon Coveney, Water Bill Debt Must Be Paid
be paid
Households should be pursued for unpaid water bills,
Housing Minister Simon Coveney has said as an expert
report cleared the way for most homes in the country to
avoid future charges, writes Daniell McConnell and Juno
McEnroe.
The recommendations by the expert commission on water
that most homes do not pay for it puts an end to a
charging regime for the moment, but non-payers may still
be chased for bills.
It has also emerged that at the last minute in the
commissions work the EU warned about Ireland scrapping
water charges altogether. A system of allowances and
wastage charges will instead get around the EUs
environment rules.
The Duffy report recommendations will now be considered
by a 20-member Oireachtas Committee before a Dil vote
ultimately decides the future funding of water services
next March.
For the moment, Fine Gael and Fianna Fil have initially
of Hypocrites, liars and Cheat Illegal invalid water bill just like
property Tax bill was Illegal, noonan said it himself in irish Examiner
new in March of This year Treason is What these bastards are
Committing Against irish Citizens of Ireland
Bord Gis Blueprint for the Competitive Retail Market March 2003
http://www.cer.ie/docs/000904/cer03063.pdf
MEP'S RESPONSE TO EU
COMMISSION AND IRISH
GOVERNMENT OVER 9.4 WFD
'IRISH EXEMPTION'
June 13, 2016
POST BODY
Foreword from Buncrana Together
We find that many newspaper articles just report what this or
that person says and quite often put across their own political
slant. On the one hand it is handy to know what each
interviewee/interviewer is thinking. However, it is difficult for
us just to give them a biased soapbox.
Here we have Fianna Fil still dithering and wondering what to
do about Water Charges, even preempting any Oireachtas
committee discussion. Imagine the Fianna Fil leader still
playing this political game, releasing little soundbites to
guage which way the wind is blowing, searching for little
loopholes. Once again can we remind Michel Martin and
Fianna Fil of their clear and unambiguous commitments to
the Irish electorate.
One of the things that has struck us from the Domestic Water
Commission report was the repeated reference to 'public lack
of trust'.
The Irish Times
legal.
Finance minister Michael Noonan suggested last month
the rate could be fixed at 2013 levels until the year 2019.
But according to the Irish Examiner, accountants believe
the move could face a legal challenge similar to that
mounted in the 1980s over the old property tax.
Director of Chartered Accountants Ireland Brian Keegan
said using property valuations from May 2013 for the next
four years will cause problems when house prices go up.
He also warned that we could see homes marketed as pre2013 to keep down tax payments.
http://www.irishexaminer.com/breakingnews/ireland/go
vernments-plan-to-freeze-the-property-tax-could-beillegal-accountants-warn-706942.html?ref=yfp
P
P
P
1
Source: citizensinformation.ie
Governments property
tax freeze may be illegal,
insist accountants
Posted on 24th November 2015 by MyHome.ie in Blog,
General, Home, Mortgages & Money, Property News with 1
Comment
on Governments property tax freeze may be illegal, insist
accountants
.
has been finalised and published quickly after the Budget and
focuses on implementing the main tax changes announced on
Budget Day. This is in line with the recommended process of
budgetary reform. As always, I am looking forward to a
stimulating and engaging debate with my parliamentary
colleagues in relation to the provisions contained in the Bill.
ENDS
20 October 2016I
http://www.finance.gov.ie/sites/default/files/1
61020%20Finance%20Bill%202016.pdf
Finance Bill 2016 Explanatory memo
http://www.finance.gov.ie/sites/default/files/1
61020%20Finance%20Bill
%202016%20Explanatory%20memo.pdf
Finance Bill 2016 - Press Release - Notes for
Editors
http://www.finance.gov.ie/sites/default/files/Fi
nance%20Bill%202016%20-%20Press
%20Release%20-%20Notes%20for
%20Editors.pdf
Approved Timetable for Finance Bill 2016
external_updated
http://www.finance.gov.ie/sites/default/files/A
pproved%20Timetable%20for%20Finance
%20Bill%202016%20external_updated.pdf
The Minister for Finance, Michael Noonan T.D.,
today (13th February 2013) published the Finance
Bill 2013 and Finance (Local Property Tax)
(Amendment) Bill 2013. Details on both Bills are
set out in the Notes to Editors below.
Commenting on the publication of the Finance Bill Minister
Noonan stated: In Budget 2013 I announced a range of
measure to support job creation in the domestic economy
including a ten-point tax reform plan for SMEs. In addition,
the Revenue raising measures were designed to limit the
impact of the necessary consolidation on jobs and growth.
Finance Bill 2013 implements these taxation measures
and also includes a number of new measures to support
SMEs. While we have seen significant progress since
Budget day on a number of key issues there is no doubt
that the SME sector will be the driver of the economic
recovery across the country. This Government is
committed to supporting this key sector and each of the
measures included in Finance Bill 2013 are designed to
help this critical sector to trade, to grow into new products
and markets, to sustain existing and to create new jobs.
To support our thriving agri-food sector and building upon
the supports for this sector announced last year I have
introduced a Capital Gains Tax relief for farm restructuring.
This relief aims to improve farm efficiency and to help
achieve the targets set out in the Food Harvest 2020
Strategy The second bill, the Finance (Local Property
Tax) (Amendment) Bill 2013 introduces a small number
of changes to the Local Property Tax taking on board a
Both the 50% and the 100% rate of reliefs are subject to
State Aid clearance from the EU Commission.
The Bill provides for the Budget increase of 10 cent
(including VAT) on the excise duty on a packet of 20
cigarettes, with a pro-rata increase on other tobacco
products, and an additional increase of 50c per 25g packet
of roll-your-own tobacco. The additional revenue expected
to be raised is 25 million. The Bill provides for the Budget
increase of 10c (including VAT) on a pint of beer or cider
and a standard measure of spirits, and 1 increase on a
75cl bottle of wine. The additional revenue expected to be
raised is 180 million.
Finance Bill 2013 provides for the re-structuring of the
VRT rates and bands. The re-structuring follows a
consultation process with the industry and other
stakeholders. The additional revenue expected to be
raised is 50 million. In addition, the VRT relief which is
available for the purchase of hybrid and flexible fuel
vehicles, which was due to expire on 31 December, 2012,
has been extended for a further 12 months.
The Bill also gives effect to the auto-diesel excise duty
relief for licensed and tax compliant hauliers that
the Minister announced in his Budget speech. Following
consideration the relief will be extended to the licensed
passenger transport sector. The relief will take effect from
1 July 2013 and the amount of relief will be linked to the
price of auto-diesel. The maximum amount of relief will be
7.5 cents per litre.
The Minister highlighted a number of the other new
measures in the Finance Bill:
The Bill provides for the abolition of Foreign Service
Relief provided for in section 201 of Taxes Consolidation
Act 1997, in respect of ex-gratia payments made on
retirement or removal from office. The relief is being
abolished to prevent a situation whereby employees in
multinational corporations, who had no presence within
the Irish income tax system, could be transferred to
Ireland for short periods to finish careers and be given
significant golden handshakes which, based on foreign
service relief, could be received almost free of tax in this
country.
The legislation governing Employee Benefit Trusts is
1
1
http://www.ey.com/ie/en/newsroom/newsreleases/press-release-2013---finance-bill2013-and-finance--local-property-tax--amendment--bill-2013
UK Finance Bill 2016- DRAFT CLAUSES &
EXPLANATORY NOTES for FINANCE BILL 2016
https://www.gov.uk/government/uploads/syst
em/uploads/attachment_data/file/484090/151
209_publication_v1_4.pdf
https://www.kpmg.ie/financeact2016/assets/fi
nance-bill-2016-tax-rates-and-credits221116.pdf
Finance Bill 2016 Building Irelands Future
https://www2.deloitte.com/content/dam/Deloi
tte/ie/Documents/Tax/IE_Ta_FinanceBill2016_1
016-Final.pdf
relands Minister for Finance, Michael Noonan, ...
changes to be made to the S110 securitization regime in
Finance Bill 2016
http://www.ey.com/Publication/vwLUAssets/Ire
land_announces_proposed_changes_to_2016_
Finance_Bill_S110_securitization_regime/
$FILE/2016G_02888-161Gbl_Ireland
%20announces%20proposed%20changes
%20to%202016%20Finance%20Bill
%20S110%20securitization%20regime.pdf
Budget speech - Statement of the
Minister for Finance
Mr. Michael Noonan T.D. 11 October
2016
https://static.rasset.ie/documents/news/budg
et-2017-michael-noonan-speech.pdf
.entry-header
For Immediate Release: October 05, 2016
Published By: Office of the Mayor
Contact: , [email protected]
4:15 PM Mayor Kenney to Recognize 2016
Storefront Challenge WinnersThe Mayor and Commerce
Director Harold Epps will honor the small business owners who
won the Storefront Challenge. The Storefront Challenge is a biannual awards program organized by the Community Design
Collaborative and the Philadelphia Department of Commerce
and recognizes the best storefront faade improvement
projects in Philadelphia.Where: Center for Architecture, 1218
Arch St., Philadelphia, PA.
6:15 PM Mayor Kenney to Speak at Irish
Governments 2016 Great Hunger SymposiumThe
Mayor will provide opening remarks as he joins Consul General
of Ireland Barbara Jones and President of the Irish Memorial
Kathy McGee Burns to officially start the conference.Where:
Ritz East, 125 S. 2nd St., Philadelphia, PA.
Property tax abatements; Property ... Design
Collaborative and the Philadelphia Department of
Commerce and recognizes the best ... to Speak at Irish
Governments
beta.phila.gov Press releases Office of the Mayor
https://beta.phila.gov/pressreleases/mayor/mayor-kenneys-publicschedule-for-thursday-october-5-2016/
laid flaw.
In the1930s, Europe was grappling with the destruction of
imperial empires after the First World War. Fearful of
socialism, it venerated the state and its new strong
leaders, breeding, at the extreme, a new kind of
government authoritarian and all-knowing. Invoking the
primacy of the state, fascism took a grip on Germany and
Italy, while clerical fascism also gripped Spain, as
observed by Eamon de Valera, influencing the writing of
the 1937 Constitution which he supervised.
This may partially explain why the Irish people have been
alienated by the State from their own natural resources,
including oil, gas, minerals, forests, fisheries, and water.
Today, they enjoy fewer rights to natural resources than
under Britains monarchy. Strolling through the
Constitution is something few of us do which is why part
of it is reproduced below but, set against the backdrop of
the abject failure of the State to act in the common good
on the issue of water and public fears about potential
privatisation, Article 10 will bring you to a shuddering halt
at the words belong to the State.
Unlike many European countries, Ireland took explicit
ownership of natural resources in its Constitution. While
the Constitution recites its role in acting in the common
good, the State reinforced its hegemony by ensuring that
these principles of law, including the alienation of the
people from their natural resource endowment, cannot be
actionable through the courts under Article 45, which
leaves the people marooned by the State when, acting as
trustee, it fails in its duty of care.
Had this flaw not been engineered, todays water
protesters could be fighting through the courts and not in
the streets for what the UN General Assembly in 2010
declared to be a human right: The right to safe and clean
drinking water and sanitation as a human right that is
essential for the full enjoyment of life and all human
rights.
Ireland abstained from the vote on the UN declaration.
We could also be holding our Government to account for
its reckless policy in handing ownership of large tracts of
offshore territory to private oil and gas explorers. We are
told our water will not be privatised. You can be sure thats
'established practice'.
Far from Lynn Boylan's statement, being a "nail in Irish
Water's coffin", as has been described on social media, it
was another episode of Sinn Fein complicating the issue
for other anti water charge campaigners. Sinn Fein have
been doing things their own way ever since the campaign
started.
Gerry Adams and other party members were in favour of
water charges at the start. Next they did not support a
boycott. Sinn Fein controlled Right2Change and came out
with a unilateral election pact and orchestrated the
expulsion of the Anti Austerity Alliance. In 2015 Lynn
Boylan was embroiled in a controversy 'Sinn Fein backed
water charges in European Parliament'. One of the most
bewildering Sinn Fein's statement was the one by Eoin
O'Broin, March 13th, 2016, where he called for an
independent commission on Irish Water to be set up and
that Sinn Fein would accept the outcome, RTE This Week
March 13th 'Sinn Fein Change of Position on Irish Water'.
Lynn Boylan recently dropped another bombshell, 9th
March, which has never been adequately explained "Irish
Water charges plan must be withdrawn before March 22nd
deadline".
Getting into a tizzy on EU bureaucracy ?
At the outset we have to ask the question why a Sinn Fein
MEP is only now bringing up the question of such an
important EU Directive? Why has Sinn Fein's MEPs not
been on top of this from the start and why have they not
shared it with the Irish anti water charges' movement?
One of the reasons that the little derogation clause has
sent politicians into a tizzy lately is because of a leaked
threat from Irish Water Ltd's solicitors which appeared in
The Irish Times, 29th March 2016; 'Water Charges
irreversible in EU Law says Lawyers'.
Another reason occurred three weeks ago when Michael
Noonan, a former Fine Gael Finance Minister, issued a
http://thepensivequill.am/2016/04/sinn-feinonce-again-cloud-irish-water.html
Boylan denies
Sinn Fin backed
water charges in
European
Parliament
Updated / Sept. 9, 2015
afternoon.
The report calls on the commission to table
legislative proposals to recognise that
"affordable access to water is a basic human
right".
However, Fine Gael MEP Mairead McGuinness
described the move as a "blatant U-turn" by
Sinn Fin.
She said Paragraph 92 in Ms Boylan's report
on the initiative calls on member states to
ensure they are "providing for the application
of a progressive charge that is proportional to
the amount of water used", which the four
Sinn Fin MEPs voted in favour of.
However, Ms Boylan said she had not written
that part of the report, which is a
compromise document which had received
over 250 amendments.
Ms Boylan said Fine Gael MEPs were the only
Irish MEPs to vote against the report.
"Irish MEPs who have also consistently
opposed Fine Gael/Labour's water charges
voted in favour of this report highlighting Fine
Gael's dishonesty.
"Sinn Fin's position is clear - we are
absolutely opposed to domestic water
charges."
In a statement, Fine Gael said their members
abstained "on the final vote on the report and
instead supported the EPP's alternative
resolution on the same issue outlining their
position."
However, Ms McGuinness accused Sinn Fin
54m. Add it all up and you get a total cost associated with
the water charge of 270m. So even if the full 271m was
collected, thered just be 1m left to spend on the water
system.
But only half of households have paid the charge. Lets be
generous again and assume that only half the water
conservation grants have been paid out. If that is the case,
there is actually 25m less available this year to upgrade
the water system than if there werent any water charges at
all. You can understand why Fine Gael/Labour would
prefer if you didnt know this.
Now lets be clear: We absolutely do need to upgrade the
water system and it seems to be happening. Spare capacity
in the Dublin region has jumped, boil-water notices are
being cancelled and waste-water treatment plants are
being fast-tracked. Irish Water may be the equivalent of a
public relations cluster bomb but it does appear to be
making significant and much-needed progress on the
engineering front and should be recognised for that. The
blame for the Irish Water fiasco doesnt fall to Irish Water
it falls to Fine Gael/ Labour. Whatever way you cut it,
additional money is needed to upgrade the system: 200m
for the first few years is proposed, due to rise to 350m
from 2017. So if water charges arent raising the money,
where do we get it, without raising taxation?
The answer is in improving the service. Im not against
some of the concept of Irish Water. The central entity is a
smart idea. Fianna Fil has been talking about going back
to the local authority model but that is madness. Pooling
the inefficient workings of 40 utility operations into one is
vital it creates the opportunity to carry out rigourous
reform, which has been absent from the public sector for
headquarte
Eight new regional offices...
http://m.independent.ie//eight-new-regional-offices-areop
Irish Water staff of 2,000 costs 2 billion..
http://m.independent.ie//irish-waters-2000-extra-staff-to
Massive salaries for head honchos.
https://www.thejournal.ie/29-irish-water-staff-a/%3Famp
%3D1
Excessive wastage of your money on PR.
http://m.independent.ie//irish-waters-300k-bill-forextern
Massive spending on advertising.
https://www.irishtimes.com//irish-water-spends-650-000on-
Paying for an external debt collection agency...
http://jrnl.ie/3018553
Irish Water travel costs.
http://m.independent.ie//irish-waters-1m-bill-for-travel3
And not to mention the wastage of your money on shit like
this..
http://www.irishmirror.ie//irish-water-blasted-spending60
http://m.independent.ie//taxpayer-pumps-out-55000-fora-gy
So as you can see, you are not just being forced to pay yet
again for water.
You are being forced to pay for a massive bloated business
model that never existed before this madness began.
The cheek of them to say we are being unreasonable and
irresponsible.
Source: PA WIRE
The three guests had been booked to talk about the report
from the expert commission on water charges which
recommended yesterday that normal use of household
water should be paid for out of general taxation.
It also recommended, however, that households be
charged for overuse or wasteful use of water supply.
Speaking first on this mornings programme, Ogle said
that the report demonstrated a massive waste of public
resources on an unnecessary project.
Anti-water charges campaigners had long argued, he
insisted, that water should be paid for through general
taxation.
It appears that the commission broadly agrees with us,
he said, adding that hundreds of millions had been wasted
due to the lack of a proper debate on the issue.
Water charges had been rammed down the necks of
RT Radio 1
2 2 Retweetslikes
Alan Kelly
Kellys appearance, after an ad break, started in a similar
manner with the former Labour deputy leader telling
ORourke:
Brendan (Ogle) should put himself forward in a general
election because he has so much to say that surely he has
the guts and the courage to put his name forward; but he
doesnt and he wont.
Kelly said that he wouldnt be surprised if there was an
election, in the wake of the publication of the report.
My initial reaction to this report is that weve got the
2 2 Retweetslikes
NO WATER CHARGES
THROUGH THE FRONT
DOOR OR THE BACK DOOR':
MARY LOU TELLS BRUTON
CHARGES NEED TO GO
Richard Bruton stepped into Endas shoes
for Leaders Questions today.
WEDNESDAY 30TH OF NOV 2016
Richard Bruton
Image: Shutterstock/FreeBirdPhotos
Source: Oireachtas.ie
Sarah Bardon
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Revenue Commissioners
Special exemptions
should be maintained.
The report will now be sent to an Oireachtas committee
for examination and it will have three months to make
a proposal to the Dil for a vote.
Fianna Fils housing spokesman Barry Cowen said a
final party position would not be adopted until the
deliberations of the committee were complete. I firmly
believe that the Special Oireachtas Committee on
Water should now be given space to fully examine the
report and to explore all of its recommendations, he
said.
Minister for Housing Simon Coveney yesterday ruled
out refunding those who had previously paid water
charges and indicated his focus would be on retrieving
unpaid charges from those who did not pay their bills.
While Fianna Fil had proposed to refund those who
had paid their charges through a tax credit, party
sources now declined to commit to this position.
We are not sticking to anything, we are just sticking to
the report, said a party source. We could come up
with a range of options during the process of the
Oireachtas commission.
The members of the Oireachtas committee are Fianna
Fils Mr Cowen, Willie ODea, John Lahart, Mary
Butler and Lorraine Clifford-Lee.
Kate OConnell, Colm Brophy, Alan Farrell, Jim Daly,
Martin Heydon and Paudie Coffey will represent Fine
Gael.
Sinn Fins Eoin Broin and Jonathan OBrien,
Labours Jan OSullivan, Anti-Austerity Alliances Paul
Murphy and Independent TD Seamus Healy will also
participate.
PAH (Platform against homelessness) in
Barcelona November 2016 by courtesy of The Open
Society Foundations.
Background.
In February 2009, after the Spanish government had
shown itself incapable of enforcing Article 47 of
the Spanish Constitution declaring that all
Spaniards have the right to enjoy decent and
adequate housing following a citizens assembly in
Barcelona, the Platform for People Affected by
Mortgages, or the PAH (Spanish: Plataforma de
Afectados por la Hipoteca) was born. It is a social
movement which will wait for neither government
action nor market corrections for this right to be
enforced.
(REMIND YOU OF ANYTHING???!!!)
The PAHs immediate aims are simple the
prevention of the systematic EVICTION of tens of
thousands of debtors across Spain. But its larger
dream is bolder: the achievement of the socioeconomic conditions in which the HUMAN RIGHT
TO HOUSING may be secure. The PAH is a
GRASSROOTS platform, who appear to organise
tactics, to bring debtors and disadvantaged people
together. The PAHS strong presence would appear to
hold the Government to ransom on its duty to all
citizens of Spain, whilst creating difficulties for
bankers, developers and investors whose interests are
secured by ALL POLITICAL PARTIES, as one PAH
organizer put it.
(REMIND YOU OF ANYTHING???!!!)
This GRASSROOTS platform is united in the fight
against austerity. The PAH operates by holding PAH
assemblies at its HEADQUARTERS in a city centre
location of Barcelona. Upon entry, you will be greeted
with a friendly smile and, apparently, if youre a firsttimer to the meetings, youll be given a paper rose
made with a Catalan flag tied to its stem. This I would
https://soundcloud.com/irishtimes-politics/simoncoveney-and-paul-murphy-on-water
Sarah Bardon
Revenue Commissioners
Learn more
inRead invented by Teads
Special exemptions
http://www.irishtimes.com/news/politics/watercharges-and-property-tax-may-be-combined-saysff-1.2886998
to conserve water.
He claimed the report "blows a hole" in Fine Gael's
argument that EU law requires that the funding of
domestic water services requires charges. AAA-PBP TD
Brd Smith also reiterated her group's opposition to
charges.
http://www.independent.ie/irishnews/water/irish-water-crisis/fianna-fils-stancehas-been-vindicated-says-cowen-35256264.html
1
'If only Phil Hogan had thought of that back in 2014 when he
introduced a weary nation to the concept of water charges.' Photo:
Collins Courts
1
Media tycoon Denis OBrien. Photo: Bloomberg
http://www.independent.ie/irish-news/courts/dilfailed-to-police-tds-who-made-claims-aboutobrien-banking-arrangements-court-hears35257202.html
http://www.independent.ie/irishnews/courts/businessman-denis-obrien-to-appearas-part-of-legal-action-against-dil-committee35253319.html
http://www.independent.ie/irishnews/courts/reckless-td-used-dil-privilege-tofrustrate-court-order-obrien-claims-35256055.html
http://www.irishexaminer.com/breaki
ngnews/ireland/denis-obrien-claimsdail-remarks-breached-his-rights-toprivacy-766272.html
Teacher strike: Document hammered
out in the early hours set to go to
union committee
Tuesday, November 29, 2016
committee stage.
One of the main sticking points for the ASTI has been the
restoration of pay for new teachers, which is due to be
done under the Lansdowne Road Agreement; teachers
want it to happen now.
Minister for Education Richard Bruton would not say what
kind of deal is on the table.
"These talks are continuing, and the best way to hopefully
ensure a good outcome is to respect the privacy of that
process," he said.
powers
Tuesday, November 29, 2016
Criminal-Law-Treason-Sedition-and-
Full Abolition of
Water Charges is
only acceptable
outcome Broin
28 November, 2016 - by Eoin Broin TD
http://www.sinnfein.ie/contents/4260
4
https://www.article19.org/data/files/pdfs/analysis/ireland
-report-to-lag-on-def.pdf
ECPRD_UK Parliamentary
sovereignty ... may be declared invalid
in ... removed British parliamentary
supremacy over Ireland for a short
period
Seminar organised by the legal
departments of the Belgian House of
Representatives and the Belgian Senate
within the framework and with the
collaboration of the European Centre
for Parliamentary Research and
Documentation
https://www.dekamer.be/kvvcr/pdf_sections/jurid
/ECPRD_UK.pdf
Key-Issues-From-the-Human-Rights-Act-to-a-Bill-of-Rights
There sometimes appears to be a tension between the
principles of the supremacy of Parliament and the ...
models for such a document, ... in Northern Ireland,
http://www.parliament.uk/documents/commons/li
b/research/key_issues/Key-Issues-From-theHuman-Rights-Act-to-a-Bill-of-Rights.pdf
Human Rights Act to a Bill of Rights?
Proposals for a British Bill of Rights have come from across
the political spectrum. The various plans would have very
different consequences
The Human Rights Act (HRA) was introduced in 1998 to
bring rights home. Essentially, it allows UK nationals to
rely on rights contained in the European Convention on
Treason acts in
Ireland AGAINST
Europe
peacetime.
===Finland=== Finnish law distinguishes between two types
of treasonable offences: maanpetos, treachery in war, and
valtiopetos, an attack against the constitutional order. The
terms maanpetos and valtiopetos are unofficially translated as
treason and high treason, respectively. Both are punishable by
imprisonment, and if aggravated, by life imprisonment.
Maanpetos consists in joining enemy armed forces, making
war against Finland, or serving or collaborating with the
enemy. Maanpetos proper can only be committed under
conditions of war or the threat of war. Espionage, disclosure of
a national secret, and certain other related offences are
separately defined under the same rubric in the Finnish
criminal code.
Valtiopetos consists in using violence or the threat of violence,
or unconstitutional means, to bring about the overthrow of the
Finnish constitution or to overthrow the president, cabinet or
parliament or to prevent them from performing their functions.
===France===
Article 411-1 of the French Penal Code defines treason as
follows:
The acts defined by articles 411-2 to 411-11 constitute treason
where they are committed by a French national or a soldier in
the service of France, and constitute espionage where they are
committed by any other person.
Article 411-2 prohibits "handing over troops belonging to the
French armed forces, or all or part of the national territory, to
a foreign power, to a foreign organisation or to an organisation
under foreign control, or to their agents". It is punishable by
life imprisonment and a fine of 750,000. Generally parole is
not available until 18 years of a life sentence have elapsed.
Articles 411-3 to 411-10 define various other crimes of
collaboration with the enemy, sabotage, and the like. These
are punishable with imprisonment for between thirty and
seven years. Article 411-11 make it a crime to incite any of the
above crimes.
Besides treason and espionage, there are many other crimes
dealing with national security, insurrection, terrorism and so
on. These are all to be found in Book IV of the code.
===Hong Kong=== Section 2 of the Crime Ordinance
provides that levying war against the HKSAR Government of
the People's Republic of China, conspiring to do so, instigating
a foreigner to invade Hong Kong, or assisting any public
(see the Venona project); however, he acted as a political factfinder rather than a criminal prosecutor. The Cold War period
saw no prosecutions for explicit treason, but there were
convictions and even executions for conspiracy to commit
espionage on behalf of the Soviet Union, such as in the Julius
and Ethel Rosenberg case.
On October 11, 2006, the United States government charged
Adam Yahiye Gadahn for videos in which he appeared as a
spokesman for al-Qaeda and threatened attacks on American
soil. He was killed on January 19, 2015 in an unmanned
aircraft (drone) strike in Waziristan, Pakistan.
=====Treason against American states===== Most states
have treason provisions in their constitutions or statutes
similar to those in the U.S. Constitution. The Extradition Clause
specifically defines treason as an extraditable offense.
Thomas Jefferson in 1791 said that any Virginia official who
cooperated with the federal Bank of the United States
proposed by Alexander Hamilton was guilty of "treason"
against the state of Virginia and should be executed. The Bank
opened and no one was prosecuted.
Only three persons are known to have been prosecuted for
treason on the state level. Thomas Dorr was convicted for
treason against the state of Rhode Island for his part in the
Dorr Rebellion, but was eventually amnestied. John Brown was
convicted of treason against the Commonwealth of Virginia for
his part in the raid on Harpers Ferry, and was hanged. The
Mormon prophet, Joseph Smith, was charged with treason
against Missouri, at first in front of a state military court, but
escaped to Illinois after his case was transferred to a civilian
court for trial on charges of treason, murder, robbery, and
other crimes. Smith was then later imprisoned for trial on
charges of treason against Illinois, but was murdered by a
lynch mob while in jail awaiting trial.
===Muslim countries=== Early in Islamic history, the only
form of treason was seen as the attempt to overthrow a just
government or waging war against the State. According to
Islamic tradition, the prescribed punishment ranged from
imprisonment to the severing of limbs and the death penalty
depending on the severity of the crime. However, even in
cases of treason the repentance of a person would have to be
taken into account.
Currently, the consensus among major Islamic schools is that
apostasy (leaving Islam) is considered treason and that the
penalty is death; this is supported not in the Quran but in the
March 1990.
The facts as submitted by the author
2.1 The author was arrested on 6 April 1989 under section
30 of the Offences against the State Act 1939 and charged
with possession of explosives for unlawful purposes. He
was tried on 27 June 1989 by a Special Criminal Court,
together with four co-defendants, found guilty and
sentenced to ten years' imprisonment. On appeal against
sentence, the Court of Appeal, on 21 May 1990, reduced
the sentence to seven years' imprisonment, considering
that the judgment of the Special Court might give the
impression that he was convicted of a more serious
charge, namely of possession of explosives for enabling
others to endanger life. The author was released from
prison on 27 September 1994.
2.2 At the trial before the Special Criminal Court, the
author pleaded guilty of the charge, allegedly because his
lawyer had told him that "in this court, they are going to
believe the police" and that his sentence would be heavier
if he would plead not guilty. In this context, the author
states that one of his co-accused who pleaded not-guilty
was indeed sentenced to a longer term of imprisonment.
2.3 The author submits that there was no evidence against
him, but that the police claimed that he had admitted to
them that he knew about the explosives in his house. No
tape recording of the author's alleged confession was
provided; he did not sign any confession.
2.4 The author explains that in April 1989, an
acquaintance of his, A.M., stayed with him in his house,
having come from England to inquire into the possibilities
of renting a restaurant or pub. On 3 April 1989, they were
joined by P.W., a friend of A.M., who had come to Dublin to
attend a court hearing. The author states that he did not
know P.W. before, but that he allowed him to stay at his
house. The author, who had his own printing business,
worked most of the time, only coming home to sleep or
eat. At lunchtime on 6 April 1989, the police raided his
http://hrlibrary.umn.edu/undocs/htm
l/IDEC5935.htm
IRELANDTimeline
IRELAND 1937 - 1949. ... President of Ireland elected
under the 1937 constitution. ... the Offences Against
the State Act making treason
increased to 12,000.
1940January 3 The Dail Eireann amends the Emergency
Powers and Offences Against the State Acts to allow
internment of native born Irish citizens suspected of illegal
anti-government activities. The measures are approved by
a vote of 82 to 9.
February 7
Peter Barnes and James McCormack, the
two Irish Republican Army members convicted of
perpetrating a bombing that killed 5 people in Coventry on
August 25, 1939, are hung in Birmingham, England.
February 9
The Supreme Court of Ireland validates the
Emergency Powers and Offences Against the State Acts as
amended. Justice Minister Gerald Boland orders the first
raid in a series that leads to the internment of 500
suspected Irish Republican Army members and the
imprisonment of 600 others during the Emergency.
February 11
Street fighting between Unionists and
Nationalists erupts in Belfast after police charge a
Republican crowd protesting the execution of two Irish
Republican Army members in Birmingham, England.
February The Irish Republican Army formulates Plan
Kathleen in an effort to win German support. Their German
contacts conclude that the IRA is too disorganized to be of
use to the Reich.
February Joseph Cardinal MacRory, the Roman Catholic
Primate, and the bishops of Ireland issue a pastoral letter
condemning the activities of the Irish Republican Army
and declare membership in the organization a sin.
February 25
Six Irish Republican Army members jailed
in Dublin launch a hunger strike aimed at forcing the
Government to declare them prisoners of war.
February 29
A strike by Dublins 2,200 municipal
employees leaves the capital without the services of
firemen, public health workers and street sweepers for the
next 18 days. March 22
The Irish Republican Army issues a manifesto declaring
that the bombing campaign in Great Britain will continue
until the last British soldier has withdrawn from Ireland
and the British Government agrees to recognize them as
Irelands only legitimate government.
March 22 The Irish Republican Army marks the
anniversary of the 1916 Easter Uprising with a march by
neutrality policy.
February 3
Prime Minister de Valera declares that the
chance of invasion is increasing and calls for the defense
force to be increased to 500,000 men.
February 18
The United States command in Northern
Ireland places Ireland (Eire) off limits to visits by American
forces.
February 18
A German agent arrested after parachuting
into Ireland escapes from Dublins Mountjoy Prison.
February 18
The Irish Government extends press
censorship to cover all dispatches to foreign newspapers
and press agencies.
February 26
A Dublin court sentences 3 men to death
for the slaying of another in an Irish Republican Army
purge. Two of the sentences are later commuted to life in
prison.
February 28
German spy Guenther Schuetz escapes
from prison.
March
Irish government spokesman Sean MacEntee
declares that a series of Irish Republican Army attacks on
British military camps in Northern Ireland was designed to
provoke a British attack on Ireland (Eire) which it hoped
would increase its support there.
April 3
The Irish Republican Arm attacks the Royal
Ulster Constabulary barracks in Dungannon.
April 5
The Irish Republican Army marks the
anniversary of the 1916 Easter Uprising by setting off
incendiary bombs in a Belfast theater used by British and
American troops and attacks a Royal Ulster Constabulary
barracks in Belfast.
April 30 Escaped German spy Guenther Schuetz is
recaptured at the home of Caitlin Brugha, widow of
executed Republican leader Cathal Brugha.
March 19 A dining car attendant on the Dublin-Belfast
train is convicted of acting as a messenger in an Irish
Republican Army plot to gather intelligence on the
strength of British and American forces in Northern
Ireland.
May 19 Coal shortages force restrictions on the use of
electricity.
June 22 Captain Charles Blair pilots a Pan American
Airways clipper on the first non stop commercial flight
October 2
Dublins street cars return to operation.
November 14 The U.S. State Department announces that
Ireland has turned down demands for assurances from
neutral countries that they will refuse asylum requests
from war criminals. The Department does not release the
text of Irelands reply but notes that it is the only country
to respond negatively. The British Undersecretary for
Dominion Affairs, Paul Emrys-Evans, informs members of
parliament that the Irish Governments response to the
American request is that it can offer no assurance which
would preclude it from granting asylum if justice, charity,
honor or other national interests should so require.
November 30 General Eoin ODuffy leader of the Blue
Shirts dies in Dublin at age 52 and is given a state funeral.
During the Year
The Roman Catholic Archbishop of
Dublin John MacQuaid bans Catholics from attending
Trinity College without the permission of their bishop.
1945March 21 Lieutenant Claude Raymond, Corps of
Royal Engineers is second-in-command of a
reconnaissance patrol at Talaku, Burma when they are
fired on by a strongly entrenched enemy detachment and
the Lieutenant at once leads his men towards the position.
He is first wounded in the shoulder and then in the head,
but continues leading his men forward, when he is hit a
third time, his wrist being shattered. He still carries on into
the enemy defenses where he is largely responsible for
capturing the position. In spite of the gravity of his
wounds, he refuses medical aid until all the other
wounded have received attention. He dies the next day.
Lieutenant Raymond is awarded the Victoria Cross
posthumously.
April 12 The Dail Eireann adjourns for two days of
mourning following the announcement of President
Roosevelts death.
April 30 Prime Minister de Valera visits the German
legation in Dublin and signs a book of condolences
memorializing the death of Hitler.
May 8
Nationalists scuffle with Trinity College students
displaying the Union Jack during a V-E Day celebration.
May 13 Churchill takes one last jab at Irish neutrality
during victory broadcast, the approaches which the
FARMERS - 5.5 - 7 - -4
NATIONAL LABOUR - 2.6 - 5 - +1
INDEPENDENTS - - 12 - +3 February 18
The Dail Eireanns opposition parties
combine to elect John Costello of the Fine Gael Party as
prime minister.
April 16 Ireland joins the Organization for European
Economic Development.
September
Prime Minister Costello announces that
Ireland will repeal the External Relations Act of 1936 and
end the Crowns role in appointing diplomatic
representatives and concluding trade agreements.
November 17 The Costello government introduces the
Republic of Ireland Bill in the Dail Eireann.
November 25 Great Britain, Canada and South Africa
agree to continue trade preferences and reciprocal
citizenship rights after Ireland severs its links with the
Commonwealth.
December 14 The British Government turns down a
request from the Government of Northern Ireland to
change Northern Ireland's name to Ulster. The
Dominions Office notes that this would entail changing the
full name of the United Kingdom of Great Britain and
Northern Ireland.
December 21 President Sean T. OKelly signs the Republic
of Ireland Act ending the countrys link with the British
Commonwealth. December 21
Sir Gilbert Laithwaite, the British High Commissioner to
Ireland, writes that, Northern Ireland is not Ulster and the
designation is false and dangerous.
During the Year
The remains of William Butler Yeats
are returned from France and reburied at Drumcliff,
County Sligo.
1949April 18 The Republic of Ireland Act becomes
effective at midnight on Easter Monday.
May 5
The Council of Europe is established with the
Republic of Ireland as a founding member.
June 2
The Ireland Act passed by the British parliament
declares that the Republic of Ireland is not part of the
British dominions, but that it is not to be regarded as a
foreign country, and that Northern Ireland will not cease to
be a part of the United Kingdom without the consent of
1.
As the Committee will be aware, Ireland has a dualist
legal system and consequently international agreements
to which Ireland becomes a party are not automatically
incorporated into domestic law. By virtue of Article 29.6 of
the Constitution of Ireland, the text of an international
agreement can only be expressly incorporated into the
domestic law of the State as determined by the
Legislature. Where a measure to implement an
international agreement would require a change to the
Constitution this in turn requires a referendum to be put to
the electorate. With every international agreement
consideration must be given to the position under
domestic law and whether the obligations of the State
under the agreement are already provided for under the
domestic legal framework. Where national law does not
cover the requirements of the international agreement the
necessary means to secure compliance must be
considered.
2.
Many of the fundamental human rights contained
within the Covenant are already part of the domestic law
of Ireland by virtue of provisions in the Constitution of
Ireland, including those areas of human rights law which
have been developed by the Irish Supreme Court and High
Court through the doctrine of unenumerated personal
rights under Article 40.3 of the Constitution. Certain rights
are also protected by legislation and the common law.
Ireland, in conformity with its obligations to the Covenant,
has chosen to implement its obligations under the
Covenant using these mechanisms rather than by direct
incorporation.
3.
As the protections in the Covenant are effectively
part of Irish law by means other than incorporation, as
described above, the Covenant itself is rarely called on by
persons seeking to vindicate their rights before the Courts.
However, litigants may raise the Covenant in proceedings
and there are a number of instances of this, but the Courts
require parties to establish their rights by reference to the
applicable provisions in domestic law. By way of
illustration, in Greendale Developments Ltd (in liquidation)
v McQuaid [2000] 2 IR 514 and in Bula Ltd v Tara Mines
8.
Ireland reserved the right under Article 14 of the
Covenant to have minor offences against military law
dealt with summarily in accordance with current
procedures, which, may not, in all respects, conform to the
requirements of Article 14 of the Covenant.
9.
The Defence (Amendment) Act 2007 was designed to
ensure that the conduct of military trials is fully
compatible with Article 14 of the Covenant. The
provisions of the Act stipulate that a commanding officer is
no longer able to award a custodial punishment for any
offence under military law that may be dealt with
summarily by him or her (described in the Act as
disciplinary and not criminal offences). An accused person
has an absolute right to elect for Court-Martial and to
appeal any determination by a commanding or authorised
officer to a Court-Martial. The Court-Martial system has
been amended to remove any doubt as to its
independence or impartiality. Prior to the
commencement of the remaining provisions of the
Defence (Amendment) Act 2007, which will make those
provisions operational, it is necessary to put the following
in place by way of secondary legislation (ie Ministerial
Order):
Article 19 paragraph 2
11. The question of the maintenance of this reservation
is under active consideration in the context of the new
Broadcasting Bill currently before the Oireachtas and it is
hoped to withdraw the reservation at least in part when
the Bill is enacted.
Article 20 paragraph 1
12. Ireland has no plans to withdraw the reservation to
Article 20 paragraph 1 at this time.
Issue 3
13. Where developments with regard to the
recommendations contained in the Committees previous
concluding observations relate to an issue raised by the
Committee in the current list of issues, this information is
included under the specific issue. Information on
developments regarding other recommendations is
attached as Annex B.
Non-Discrimination and Equal Rights of Women and Men
(Articles 2, 3, 26).
Issue 4
14. Cosc, the National Office for the Prevention of
Domestic, Sexual and Gender-based Violence, was
established in June 2007 as an executive office of the
Department of Justice, Equality and Law Reform with a
cross-government mandate. Cosc's key responsibility is to
ensure the delivery of a well co-ordinated "whole of
Government" response to domestic, sexual and genderbased violence and it carries out this responsibility by
facilitating action for the protection of victims as well as
the prevention of these crimes and the provision of
services for those affected.
Issue 6
25. The Government has committed, in the Agreed
Programme for Government, to legislating for civil
partnerships as early as possible in the lifetime of the
Government. The Heads of a Civil Partnership Bill, which
will provide a registration mechanism for same-sex
couples who choose to register their relationship and for
the consequences of registration, has been drafted and is
expected to go to Government on 24 June 2008 for
approval to draft the Bill. In addition to providing for civil
partnership registration for same-sex couples, the Heads
of Bill establish a 'Redress scheme' for long term
cohabitants and provide for legal recognition of
agreements between cohabitants regulating their financial
affairs. The redress scheme is intended to give protection
to a vulnerable party at the end of a long-term oppositesex or same-sex relationship.
26. The Government are aware of the need to look at
changing the law on birth registration to allow a transgendered person to obtain a birth certificate in their new
gender and this is under consideration. This matter is
complex and requires careful examination both of the
rights of trans-gendered persons and others, such as
family members, who might be affected by such a change.
Detailed consideration of the matter will be required when
litigation currently before the Supreme Court is
adjudicated upon.
Counter Terrorism Measures and Respect of Covenant
Guarantees
Issue 7
27. The primary purpose of the introduction of the
Criminal Justice (Terrorist Offences) Act 2005 was to give
effect in Irish law to the various international instruments
aimed at counteracting terrorism, particularly in the
the Covenant.
Right to Life (Article 6)
Issue 9
36. Following the 2002 Referendum, and on the
recommendation of the All-Party Oireachtas Committee on
the Constitution, the Government established the Crisis
Pregnancy Agency (CPA) as part of a strategy to combat
crisis pregnancies. The mandate of the Agency is to
achieve a reduction in the number of crisis pregnancies by
the provision of education, advice and contraceptive
services; to achieve a reduction in the number of women
with crisis pregnancies who opt for abortion by offering
services and supports which make other options more
attractive; and the provision of counselling and medical
services and other health services after crisis pregnancy.
37. The Agencys first Strategy was published in
November 2003 and covered the period 2004 2006. In
brief, the Strategy highlighted the actions necessary to
prevent crisis pregnancies, to support those with crisis
pregnancies and to provide counselling and medical
services to women after a crisis pregnancy. On 19
November 2007 the Agency published a second strategy,
setting out its objectives for the period 2007 2011.
38. Since its establishment the Agency has worked very
effectively, focusing on all aspects of crisis pregnancy and
ensuring the development of high-quality services and
supports.
39. The Agency works to achieve its objectives
principally through its communications programmes, its
research programme and its funding programme. It also
works to contribute to and inform policy development and
service delivery by Government Departments and other
State and non-governmental organisations. The total
amount of revenue funding made available to the Agency
for 2008 is 8.959 million.
Issue 13
69. Resources allocated to the Garda and the Courts
have increased substantially in recent years, in line with
an increase of approximately 50% across the Justice and
Equality sector generally since 2003.
70. Notwithstanding the increase in funding, however,
and bearing in mind the many demands on these services,
the Irish authorities remain satisfied that the maximum
period provided for is necessitated by practical resource
and operational considerations.
71. Ireland currently does not have any specifically
dedicated facilitates for detaining such persons. Persons
held on immigration related matters (whether asylum
seekers or others) are, as far as practicable, detained in
institutions away from convicted prisoners where the
regime is not of a high security nature. Restrictions are
kept to a minimum, consistent with order and control. Our
prisons are governed by the statutory obligations laid
down in the provisions of the Prison Rules 2007 which
reflect the European Prison Rules and modern best
practice internationally.
Imprisonment for Failure to fulfil a Contractual Obligation
(Article 11)
Issue 14
72. Ireland does not have legislation providing for
criminal sanctions or imprisonment for failure to fulfil a
contractual obligation. Imprisonment for non-payment of
debt was abolished in Ireland by the Debtors (Ireland) Act
1872. However, refusal to fulfil a contractual obligation or
pay a contractual debt may amount to civil contempt of
court, for which imprisonment may be imposed.
73. Contract law is a civil matter and the primary
remedies available to a complainant, through the Courts,
would be enforced performance of the contract or
Advice on the management and maintenance of
traveller accommodation, and
Education
114. The Report and Recommendations for a Traveller
Education Strategy was launched in 2006 and covers all
aspects of Traveller Education from pre-school right
through to further and higher education within a lifelong
learning context. The Report contains many
recommendations across the education spectrum for
parents, pre-school, primary, post primary, further
education, higher education and other areas.
115. Within the Department of Education and Science an
Implementation Group was established to progress /
implement recommendations of the Report.
Integration and Inclusion
116. The core principle of the report is one of inclusion
with an emphasis on equality and diversity and the
adoption of an intercultural approach. This is in line with
the Governments recommendations in the National Action
Plan Against Racism (NAPAR) (2005) which recommends
that, inter alia, Ireland
stakeholders.
121. A lifelong learning approach is needed where young
Travellers attend pre-school progressing through primary
and post-primary education to the end of senior cycle with
ongoing progression to further and or higher education. At
the same time adult Travellers need to be encouraged and
motivated to return to education and to progress up the
National Framework of Qualifications. Through their
successful involvement in education adult Travellers will
gain the knowledge, skills and confidence to act as
mentors to younger members of their community and to
become involved not only in their community but also in
the mainstream community and economy.
122. In summary, the aim of the Department of Education
and Science for Traveller education is to enable Travellers
to participate in an equal manner with other service users
through integrated educational mainstream provision. In
addition, the Department also recognises that for some
adults seeking second chance education the need for
short term positive affirmative actions to facilitate them in
gaining the skills and competences to transfer on and
progress into mainstream education, training or
employment may be required.
Employment
123. The Traveller Interagency Groups established in
2006, following the Report of the High Level Group, have
produced a number of programmes to facilitate Traveller
access to employment. The focus has been on providing
direct work experience and employment opportunities
within public bodies. This had involved outreach
programmes to canvass the Traveller Community for job
applicants, the development of appropriate training,
(supported by FS the National Training Authority) and the
provision of mentoring support during training and in the
workplace. Examples of the successful initiatives to date
include,
Language
131. The presence of students whose mother tongue is not
English has been a major new challenge for schools and
for the Department of Education and Science in recent
years. In 2007/2008 in the post-primary sector there were
almost 21,000 students from 160 other nationalities
enrolled. They make up almost 7% of the students
population. Almost 10% of the primary population consists
of newcomer students. Many of these newcomers do not
speak English in the home.
132. Considerable resources have been allocated to the
teaching of English to newcomer students. Schools with
pupils for whom English is not their first language are
entitled to language support. In 2001/2002 there were 262
English language support teachers. In 2007/2008 there are
almost 2,000 such teachers in the primary and postprimary schools. The main emphasis has been to ensure
that students are enabled to speak English as soon as
possible and become integrated into an inclusive
education system. Support materials have been made
available to assist the mainstream teachers and also the
English language support teachers.
133. The students in post primary can present for Leaving
Certificate examination, which the students take at
approximately 17-18 years, in Arabic, French, German,
Hebrew Studies, Italian, Spanish, Japanese and Russian. In
addition, there is provision for the so-called non-curricular
languages in the Leaving Certificate examination. These
are the official languages of EU Member States which do
not appear as part of the normal school curriculum, but
which students may opt to be examined in if they fulfil
certain criteria, e.g. be from a member State of the EU and
speak the language as a mother tongue. In 2007, these
official exams were offered in Latvian, Lithuanian,
Romanian, Modern Greek, Finnish, Polish, Estonian,
Slovakian, Swedish, Czech, Bulgarian, Hungarian,
Portuguese, Danish and Dutch.
134. The Department also funds mother-tongue classes
Issue 1
High Court Decisions in which direct reference is made to
the Covenant
3.
In paragraph 29(b) of the previous concluding
observations, the Committee recommended that Ireland
reform constitutional provisions requiring judges to make a
declaration with religious references (Article 18).
4.
Information on this matter is provided under Issue
19.
Paragraph 29(c) of the previous Concluding Observations
5.
In paragraph 29(c) of the previous concluding
observations, the Committee recommended that Ireland
provide for prompt review of detention on mental health
grounds, i.e. within a few days (Article 9).
6.
The Mental Health Act 2001 provides a modern
framework within which people who have a mental
disorder and require treatment or protection can be cared
for and treated. It puts in place mechanisms by which the
standards, care and treatment in mental health services
can be monitored, inspected and regulated.
7.
The Act provides for the establishment of Mental
Health Tribunals under the auspices of the Mental Health
Commission. A Mental Health Tribunal is an independent
legal entity and its function is to revoke or affirm
admission or renewal orders, thus ensuring the protection
of rights of patients.
8.
Each Tribunal comprises a legal member, a
consultant psychiatrist and a lay person, and they conduct
a review of each decision by a consultant psychiatrist to
detain a patient on an involuntary basis or to extend the
duration of such detention (the latter as a consequence of
a renewal order at 3, 6 and 12 month periods). The review
of a detention is independent, automatic and must be
completed within 21 days of the detention/extension order
being signed. The Tribunal arranges for an independent
assessment of the detained patient by a consultant
psychiatrist; patients have the right to attend the tribunal
hearing and be represented by a legal representative, who
2006 75m
2007 75m
2008 50m
Annex C
Issue 11
Alternative Sanctions to Detention:
1.
Fines
A majority of offences are punishable by a fine unless
fixed by law or unless there is a provision to the contrary.
Consideration of the offenders means and proportionality
regarding the gravity of the offence are factors in deciding
the amount of the fine.
2.
Dismissal and Conditional Discharge
Under the amended Probation of Offenders Act 1907, a
court may make two types of order. Firstly, an offender
may be dismissed where he/she is charged and the charge
is proved, but the nature of the offence or extenuating
circumstances deem a dismissal to be the most
appropriate response. The second type of order is to
discharge the offender conditionally. An offender will
enter into a recognisance to be of good behaviour for a
period not exceeding three years.
3.
Compensation Order
Where a charge is dismissed or conditionally discharged, a
court may order an offender to pay damages for injury,
compensation for loss and costs of the proceedings in
acknowledgement of the harm caused by the offence.
4.
Probation Order
When a recognisance contains conditions relating to the
supervision of an offender, that order is referred to as a
probation order. An offender may be made the subject of
a probation order under the Probation of Offenders Act
1907 for a period of up to three years. The order may
contain any conditions which the court considers
necessary to prevent the repetition of the same offence or
the commission of other offences.
http://www.thejournal.ie/water-commission-report-poll3107949-Nov2016/
in a car crash unless they can establish that they are not
entitled to compensation or damages from a third person
were ultra vires the Health Act 1970, as the legislative
could not have delegated such power. [Doyle 2008, p322]
OHiggins CJ reasoned that
This is, in reality, an attempt to amend the two sections
by ministerial regulation instead if by appropriate
legislation. In my view the National Parliament could not
and did not intend to give such a power to the Minister for
Health when it enacted section 72 of the Health Act 1970.
The effect of this case and Harvey v Minister for Social
Welfare [1990] is that the Supreme Court has outlawed
the so called Henry VIII clauses. That is a Minister may not
amend primary legislation by using delegated legislation,
and may not act inconsistent with primary legislation.
[Doyle 2008, p 324, [11-34 11-36]]
Effect of EU Membership
Section 2 of the European Communities Act 1972 (see
Exhibit D) grants legal status to Community law
withinIreland, and is protected by Article 29.4.
Section 3 of the European Communities Act 1972 enables
a Minister to make regulations to implement Community
law.
Section 3 is clearly a Henry VIII clause as it allows a
Minister of State to amend primary legislation by
regulation, and would be unconstitutional except for
Article 29.4.
This was decided by the Supreme Court in Meagher v
Minister for Agriculture [1994] where the applicant had
been prosecuted under regulations that amended primary
legislation. [Doyle 2008, p393]
Finlay CJ delivering the judgement of the court said
Summary
The power of a Minister to make delegated legislation is
limited by Article 15.2.
Delegated legislation must pass the principles and policies
(Cityview) test.
However, the courts have allowed certain flexibility in the
application of the Cityview test, preferring to accept the
presumption of constitutionality of the parent Act (if post
1937) and reply on the ultra vires doctrine.
Henry VIII clauses are invalid, except where necessitated
by EU membership.
Appendix 1: References
[Byrne 2009] Byrne and McCutcheon on the Irish Legal
System,BloomsburyProfessional, 2009
[CRG 1996] Constitution Review Group, Report of the
Constitution Review Group, 1997
[Donovan 2010] Donovan, Dorothy, The Irish Legal
System, Round Hall, 2010
[Doyle 2008] Doyle,Oran, Constitutional Law: Text, Cases
and Materials, Clarus Press Limited, 2008
[Kelly 2003], Kelly J.M., The Irish Constitution, Fourth
Edition, Tottel Publishing Ltd., 2006
[Morgan 1997], Morgan, David Gwynn, Separation of
Powers in the Irish Constitution, Round Hall Sweet and
Maxwell, 1997
Appendix 2: List of Cases
Community, nowUnion.
Re Article 26 and the Health Amendment (No. 2) Bill 2004
The Supreme Court held that power given to the CEO of a
Health Board to remit nursing home charges was not a
delegation of legislative power but merely an
administrative function [Doyle 2008, P 313, [11-07 1108]]
Exhibit A Check List
Check list to determine if a proposal (delegated
legislation) is valid in terms of Article 15.2
The following series of questions could be asked in relation
to delegated legislation to determine if it falls foul of
Article 15.2. The questions need not necessarily be asked
in this order.
1)
Is the proposal delegated legislative power or
assigned administrative power?
If administrative power it is presumed to be valid (at least
under this article 15.2)
If it is delegated legislative power then further
consideration is necessary go to 2
2)
Is the proposal necessitated by EU membership with
little discretion given to the State?
Yes
i.
Apply
principles and policies test (using EU law to source
principles and policies) if yes
Use European Communities Act 1972 2007 to make SI
Or use other relevant Act to make SI
ii.
If no go to 3
No go to 3
3)
Does the proposal satisfy the principles and policies
(Cityview) test?
Yes go to 4
No invalid (only if there are no principles or policies in
the parent Act)
4)
Does the proposal use a Henry VIII clause in the
parent Act? (Power to amend a law)
Yes invalid
No go to 5
5)
Is the proposal ultra vires the parent act? (if the act is
post 1937 it is presumed constitutional, and if more than
one reading of the Act is possible use the constitutional
reading)
Yes invalid
No go to 6
6)
Is the relevant section in the parent Act
unconstitutional?
Yes invalid
No go to 7
7)
Is the proposal male fides?
Yes invalid
No go to 8
8)
Is the proposal coming from a subordinate legislature
in accordance with law? (Article 15.1.2 but no cases or
statute law so far)
Yes valid
No go to 9
9)
Is the proposal (or the effect if implemented)
unconstitutional?
Yes invalid
No valid
Exhibit B: Extracts from the Constitution of Ireland
Article 6.1
All powers of government, legislative, executive and
judicial, derive, under God, from the people, whose right it
2.
(a)
make provision for offences under the regulations to be
prosecuted on indictment, where the Minister of the
Government making the regulations considers it necessary
for the purpose of giving full effect to
(i)
a provision of the treaties governing the European
Communities, or
(ii)
an act, or provision of an act, adopted by an institution of
the European Communities or any other body competent
under those treaties,
and
(b)
make such provision as that Minister of the Government
considers necessary for the purpose of ensuring that
penalties in respect of an offence prosecuted in that
manner are effective and proportionate, and have a
deterrent effect, having regard to the acts or omissions of
which the offence consists, provided that the maximum
fine (if any) shall not be greater than 500,000 and the
maximum term of imprisonment (if any) shall not be
greater than 3 years.
(4)
Regulations under this section may be made before the
1st day of January, 1973, but regulations so made shall
not come into operation before that day.
Annulment of an SI which applied EU law and creates an
indictable offence
3.A Every regulation to which subsection (3)
(inserted by section 2(a) of the European Communities Act
2007) of section 3 of this Act applies shall be laid before
each House of the Oireachtas as soon as may be after it is
made and, if a resolution annulling the regulation is
passed by either such House withinthe next 21 days on
which that House sits after the regulation is laid before it,
the regulation shall be annulled accordingly but without
prejudice to the validity of anything previously done
thereunder.
Annulment of and SI which applied EU law
4.
(1)
(a)
(b)
If the Joint Committee on the Secondary Legislation of the
European Communities Joint Committee on Foreign Affairs
Joint Committee on European Affairs (1995 amendment)
recommends to the Houses of the Oireachtas that any
regulations under this Act be annulled and a resolution
annulling the regulations is passed by both such Houses
within one year after the regulations are made, the
regulations shall be annulled accordingly and shall cease
to have statutory effect, but without prejudice to the
validity of anything previously done thereunder.
Exhibit E: Extract from the Programme for Government
2011
http://www.finegael.ie/upload/ProgrammeforGovernmentFi
nal.pdf
Transposing EU Legislative Measures
The situation can no longer be tolerated where Irish
Ministers enact EU legislation by statutory instrument. The
checks and balances of parliamentary democracy are bypassed. The parliamentary treatment accorded homeproduced draft legislation must be extended to draft
legislation initiated within the EU institutions.
The Regulatory Impact Assessments prepared for Ministers
on all EU Directives and significant Regulations will be
forwarded automatically to the relevant sectoral
Oireachtas Committees. These Committees should advise
the Minister and the Joint Committee on European Affairs
as to whether the transposition should take place by
Statutory Instrument or by primary legislation. Where
primary legislation is recommended the full Oireachtas
plenary process should be followed.
https://eparl.wordpress.com/2011/06/14/delegatedlegislation-and-article-15-2/
https://www.facebook.com/photo.php
?
fbid=10153831493632504&set=a.1015
0870432192504.384370.600887503&
type=3&theater
NOTES ON JUDGE
HARDING-CLARKS
REPORT ON THE
SYMPHYSIOTOMY
PAYMENT SCHEME.
November 24, 2016
Judge Maureen Harding-Clarks report on the muchcriticised Symphysiotomy Payment Scheme was
published two days ago. It is 275 pages long 133 of
commentary from the judge, 142 of extracts from
medical literature and hospital records. Judge HardingClark was in an important position. She assessed
applications from almost 600 women who believed that
http://health.gov.ie/wpcontent/uploads/2014/07/Final-Finalwalsh-Report-on-Symphysiotomy1.pdf
Ireland, Symphysiotomy and the UNHRC
July 21, 2014 by
552,000.
After paying out a dividend of $112m in 2014, no dividend
was paid last year.
Shareholder funds stood at $1.2bn, including $357m in
accumulated profits.
It spent $12.4m on research and development in the year.
The Governments Ireland Strategic Investment Fund (ISIF)
has invested 30m for a stake in Finance Ireland
Investment, a lender which primarily focuses on SMEs, in a
bid to boost lending for businesses.
It is the first time that the fund has taken a stake in a nonbank lender.
Set up 14 years ago by Billy Kane, who once headed up
Permanent TSB, Finance Ireland also advances loans to the
agriculture, motor, and commercial property firms, and to
borrowers.
It said that it is on course to provide over 300m in new
lending in 2016, but expects that the new funding will lead
to a substantial amount of new loans becoming available
in years to come.
A spokesman said that the cost of its current lending to
SMEs was at 5.5%, and up to 8%.
Any new competition in the loans market will be welcomed
by Irish SMEs.
Central Bank surveys consistently show that Irish SMEs
Gordon.
Since we are not fabulously wealthy, our challenge will be
to balance creativity, cost and conservation. Gordon does
not want to eat cat food in his old age due to this project!
notes Liz.
Gordon, an emergency medical technician with a local
ambulance company in Connecticut, also worked as a
professional draughtsman for many years, so hopefully it
will be just the latter skills hell need for this project.
strikes has so far cost about 10m, with Fridays action set
to cost half that.
A long-running spat over wages, working conditions and
the expansion of Lufthansas low-cost Eurowings arm has
reached new levels of bitterness after Mr Spohr sought to
block the strike. When a Frankfurt labour court dismissed
the case and an appeal failed, the Vereinigung Cockpit
union retaliated by extending the protest by two more
days.
The union is seeking a 20% raise for 2012 through 2017,
or 3.7% a year. Lufthansa has offered 2.5%, or 0.38%
annually, through 2018.
STEVEN AGNEW
COLUM EASTWOOD
DAVID FORD
JOHN ODOWD
DESSIE DONNELLY
DAWN PURVIS
MONICA WILSON
THE COMMITTEE ON THE ADMINISTRATION OF JUSTICE
THE HUMAN RIGHTS CONSORTIUM
AND
(1) HER MAJESTYS GOVERNMENT
(2) THE SECRETARY OF STATE FOR
NORTHERN IRELAND
(3) THE SECRETARY OF STATE FOR EXITING THE
EUROPEAN UNION
Respondents
________
MAGUIRE J
Introduction
[1]
The court has before it two applications for judicial
review which substantially relate to the same subject
matter the intention of the Government, following the
result of the referendum held in the United Kingdom on 23
June 2016 and in the light of the result, where a majority
of those who voted, voted in favour of the United Kingdom
leaving the EU to use the Royal Prerogative to invoke
Article 50 TEU to trigger the process by which withdrawal
from the EU is effected.
[2]
The first application has been made by Raymond
McCord, who is a man of 62 years of age. He describes
himself as a British and European citizen and as a resident
of Northern Ireland. He has, as his Order 53 relates, acted
as a victims campaigner following the murder of his son,
Raymond, by Loyalist paramilitaries on 9 November 1997.
[3]
The second application has been made by multiple
applicants and will be referred to herein as Agnew and
Others. The majority of the applicants are politicians,
including several who are members of the Northern
Ireland Assembly. In addition, there are applicants who
have close associations with the voluntary and community
sector in Northern Ireland. This group of applicants also
includes concerned human rights organisations: the
Committee on the Administration of Justice (an
independent human rights organisation with a cross
community membership in Northern Ireland) and the
Case Management
[8]
Apart from the issue of the urgency of these
applications, a matter which the court has had to consider
is the relationship these proceedings should bear to
similar proceedings which, at the time these applications
were brought, were already underway in the jurisdiction of
England and Wales. The English proceedings, R (Miller)
and others v Secretary of State for Exiting the European
Union, also is concerned with the means by which Article
50 TEU is to be triggered and the question of the
displacement of prerogative executive power by statute.
In that litigation, at centre stage is the question of
whether the statutory provisions which have the intention
of providing for EU law in the United Kingdom limit the
operation of prerogative power, the archetypal example
being the European Communities Act 1972. While this
issue also has been raised in the challenges before this
court, this court also has before it a range of specifically
Northern Irish constitutional provisions which are said to
have the same or a similar impact on the means of
triggering Article 50.
[9]
In view of the overlap between the respective
challenges the court, on the application of the intended
respondents, sought to avoid these proceedings simply
duplicating those in England and Wales. Accordingly the
court has stayed the consideration of the central issues
which the English courts will deal with. Instead, these
proceedings have sought to concentrate on the impact of
Northern Ireland constitutional provisions in respect of
notice under Article 50 and it is with this subject that this
judgment is concerned. With the co-operation of the
parties, the grounds of challenge which will be dealt with
in Millar and others (in particular, grounds 3(b) and (c) in
McCord and ground 4(2)(a)(i) in Agnew and others) have
been held over pending the outcome of the English
litigation.
The background to the applications
[10]
It is unnecessary to go into great detail about the
background to these challenges. It will suffice to say that
[19]
(a)
The contention that the prerogative power cannot
be exercised for the purpose of notification in accordance
with Article 50(2) TEU and the allied contention that this is
because it has been displaced by the Northern Ireland Act
1998 read along with the Belfast Agreement and the
British-Irish Agreement and other constitutional provisions.
In these circumstances it is contended that an Act of
Parliament is required to trigger Article 50(2), though in
the case of McCord this argument is taken a step further,
as appears hereafter. This issue will be referred to
hereafter as Issue 1.
(b)
The contention that if an Act of Parliament is
required, there is a requirement for a Legislative Consent
Motion to be granted by the Northern Ireland Assembly
before such legislation could be passed authorising
notification in accordance with Article 50(2) TEU. This
issue will be referred to hereafter as Issue 2.
(c)
The contention that there are a variety of public
law restraints on any exercise of prerogative power in any
event. These include issues about the requirement to take
all relevant considerations into account and not to give
excessive weight to the referendum result. This issue will
be referred to hereafter as Issue 3.
(d)
The contention that there has been a failure by the
Northern Ireland Office to comply, prior to notification
being given under Article 50, with the terms of section 75
of the Northern Ireland Act 1998 and with the terms of its
own equality scheme. This issue will hereafter be referred
to as Issue 4.
(e)
The contention in the McCord case that Article 50
TEU cannot be triggered without the consent of the people
of Northern Ireland. Moreover it is asserted that the Good
Friday Agreement has created a substantive legitimate
expectation that there would be no change in the
constitutional status of Northern Ireland without the
consent of the people of Northern Ireland. This issue will
be referred to hereafter as Issue 5.
Article 50 TEU
[20]
The above is the key provision which is at the
centre of these proceedings. This provision, dealing with
withdrawal of a Member State from the EU, appeared for
the first time in 2008 following the negotiation of the
Lisbon Treaty. Until that time, there had been no express
provision, the court has been told, dealing with this
subject. In the absence of same, the matter fell to be
regulated by the Vienna Convention on the Law of
Treaties.
[21]
The terms of Article 50, are largely selfexplanatory, and the court will therefore record the
provision in full below:
Article 50
1.
Any Member State may decide to withdraw from
the Union in accordance with its own constitutional
requirements.
2.
A Member State which decides to withdraw shall
notify the European Council of its intention. In the light of
the guidelines provided by the European Council, the
Union shall negotiate and conclude an agreement with
that State, setting out the arrangements for its
withdrawal, taking account of the framework for its future
relationship with the Union. That agreement shall be
negotiated in accordance with Article 218(3) of the Treaty
on the Functioning of the European Union. It shall be
concluded on behalf of the Union by the Council, acting by
a qualified majority, after obtaining the consent of the
European Parliament.
3.
The Treaties shall cease to apply to the State in
question from the date of entry into force of the
withdrawal agreement or, failing that, two years after the
notification referred to in paragraph 2, unless the
European Council, in agreement with the Member State
concerned, unanimously decides to extend this period.
4.
For the purposes of paragraphs 2 and 3, the
member of the European Council or of the Council
representing the withdrawing Member State shall not
participate in the discussions of the European Council or
Council or in decisions concerning it.
A qualified majority shall be defined in accordance with
Article 238(3)(b) of the Treaty on the Functioning of the
European Union.
5.
If a State which has withdrawn from the Union asks
to rejoin, its request shall be subject to the procedure
referred to in Article 49.
[22]
These judicial review applications are concerned
with notification of intention by a Member State which
decides to withdraw, here the United Kingdom. This
involves the European Council being advised of that
intention. This, in the scheme of the provision, initiates a
process by which there is a negotiation with a view to an
agreement being concluded with the withdrawing State.
This agreement will set out the arrangements for
withdrawal, taking account of the framework for the
withdrawing States further relationship with the Union.
The agreement will be between the withdrawing State and
the Council. The consent of the European Parliament has
to be obtained in respect of it prior to it being concluded.
There is then a timetable which comes into operation in
accordance with Article 50(3). This stipulates when the
Treaties shall cease to apply to the withdrawing State.
This may be (a) from the date of entry into force of the
withdrawal agreement, or (b) failing that, two years after
the notification unless the European Council, in agreement
with the Member State concerned, unanimously decides to
extend the period.
[23]
It appears to the court that a feature of the
arrangements is that once notification by the withdrawing
State is given, save for some exceptional circumstance,
which is not expressly provided for in the provisions, the
parties, the withdrawing State and the Union are on a set
course which leads to the Treaties ceasing to apply to the
withdrawing State.
[24]
The reference in Article 50(1) to withdrawal being
in accordance with its own constitutional requirements
appears to be a reference to the withdrawing States own
constitutional requirements and not a reference to the
requirements of EU law. This was the view of the Court of
Appeal in England and Wales in Shindler v Chancellor of
the Duchy of Lancaster [2016] EWCA Civ. 469 (see, in
particular paragraph [16]) and the contrary has not been
argued in this court.
Salient features of the Northern Ireland constitutional
landscape
[25]
It is necessary in these cases to provide some
contextual information about how the constitutional
arrangements in Northern Ireland operate after the advent
of the Good Friday Agreement. It is also necessary to cite
in this judgment a substantial number of legal and other
provisions which relate to the operation of the
governmental institutions in Northern Ireland. This is of
importance because it is contended for the purpose of
Issue 1 that statutory provisions, and other materials
which aid their interpretation, represent a corpus of law
which has the effect of excluding the use of prerogative
power for the purpose of triggering Article 50(2). In order
to assess this argument, the precise terms of many of the
provisions being relied on by the applicants will need to be
set out.
The Good Friday Agreement
[26]
The Good Friday Agreement, officially referred to
as the Belfast Agreement, was the product of extensive
multi-party negotiations. It was published in April 1998 in
a command paper presented to Parliament. It contained a
range of elements but, most importantly, it provided for
the establishment of democratic institutions in Northern
Ireland (Strand 1); the establishment of a North/South
Ministerial Council (Strand 2); and the operation of a
British Irish Council and British-Irish Intergovernmental
Conference (Strand 3).
[27]
In the Declaration of Support, with which the
Agreement begins, the participants in the multi-party
negotiations dedicate themselves to the achievement of
reconciliation, tolerance and mutual trust and to the
protection and vindication of human rights (paragraph 2).
Likewise the participants commit themselves to
partnership, equality and mutual respect (paragraph 3).
At paragraph 5 it is stated that:
It is accepted that all of the institutional and
constitutional arrangements - an Assembly in Northern
Ireland, a North/South Ministerial Council, implementation
bodies, a British-Irish Council and a British-Irish
Intergovernmental Conference and any amendments to
British Acts of Parliament and the Constitution of Ireland are interlocking and interdependent and that in particular
the functioning of the Assembly and the North/South
Council are so closely inter-related that the success of
each depends on that of the other.
[28]
Under the heading Constitutional Issues the
Agreement referred to a new British-Irish Agreement
replacing the Anglo-Irish Agreement. In such a new
Agreement, there would be recognition of the legitimacy
of whatever choice is freely exercised by a majority of
people in Northern Ireland with regard to its status i.e.
whether they prefer to continue to support the Union with
Great Britain or a sovereign United Ireland. The
Agreement would also affirm that, if in the future, the
people of the island of Ireland, exercise their right of selfdetermination to bring about a United Ireland, it will be
a binding obligation on both Governments to introduce
and support in their respective Parliaments legislation to
give effect to that wish. Effect to the above was given in
British legislation: of which see below Section 1 of the
Northern Ireland Act 1998. Changes to the Irish
Constitution were also to be made.
[29]
As regards Strand 1 provision was made for a
democratically elected Assembly in Northern Ireland. This
was to be capable of exercising executive and legislative
powers, subject to safeguards which included
arrangements to ensure that all sections of the community
[41]
As a result of the Good Friday Agreement a new
British-Irish Agreement was established dated the same
date as the Agreement itself. It does not require specific
discussion for the purpose of this judgment.
The Northern Ireland Act 1998
[42]
The Northern Ireland Act 1998 was enacted to
implement the Good Friday Agreement. Its long title
states that it is an Act to make provision for the
Government of Northern Ireland for the purpose of
implementing the Agreement reached at multi-party talks
on Northern Ireland set out in Command Paper 3883.
[43]
The 1998 Act, while not setting out all of the
constitutional provisions applicable to Northern Ireland,
has been described as in effect a constitution (see Lord
Bingham in Robinson v Secretary of State for Northern
Ireland and Others [2002] NI 390 at 398 paragraph [11]).
In Lord Binghams view, in accordance with the above, its
provisions should, consistently with the language used,
be interpreted generously and purposively, bearing in
mind the values which the constitutional provisions are
intended to embody (ibid). This was also the view of Lord
Hoffman in the same case. At paragraph [25] in his
speech, he noted that the Act was passed to give effect to
the Belfast Agreement concluded on Good Friday 1998.
As he put it: This Agreement was the product of multiparty negotiations to devise constitutional arrangements
for a fresh start in Northern Ireland. The Act was a
constitution for Northern Ireland framed to create a
continuing form of Government against the background
and history of the territory and the principles agreed in
Belfast.
[44]
No party before the court contested these
descriptions and the court will proceed on the basis that it
is correct to approach issues of the interpretation of the
1998 Act in the way described.
[45]
The language used in the Act, nonetheless,
remains important and it is therefore necessary to set out
some of the key provisions below.
[46]
The court begins with Section 1 of the Act which
deals with the status of Northern Ireland. It reads:
(1)
It is hereby declared that Northern Ireland in its
entirety remains part of the United Kingdom and shall not
cease to be so without the consent of a majority of the
people of Northern Ireland voting in a poll held for the
purposes of this section in accordance with Schedule 1.
(2)
But if the wish expressed by a majority in such a
poll is that Northern Ireland should cease to be part of the
United Kingdom and form part of a United Ireland, the
Secretary of State shall lay before Parliament such
proposals to give effect to that wish as may be agreed
between Her Majestys Government in the United Kingdom
and the Government of Ireland.
The detailed provisions relating to a poll for the purposes
of Section 1 are found at Schedule 1 to the Act.
[47]
Section 4 of the Act deals with transferred,
excepted and reserved matters. A transferred matter is
any matter which is not either an excepted or reserved
matter. It is therefore a residual category. Excepted
matters are matters falling within a description specified
in Schedule 2 whereas reserved matters are any matter
falling within a description specified in Schedule 3.
[48]
Schedule 2 paragraph 3 is relevant to these
applications. It provides a description of certain excepted
matters as follows:
International relations, including relations with territories
outside the United Kingdom, the European Communities
(and their institutions) and other international
organisations but not
(c)
observing and implementing international
obligations, obligations under the Human Rights
Convention and obligations under Community law.
[49]
Section 5 of the Act deals with Acts of the Northern
Ireland Assembly. The starting point is that subject to
[52]
Section 7(2) goes on to say that sub-section (1)
does not prevent an Act of the Assembly or subordinate
legislation modifying certain particular provisions in the
European Communities Act 1972. These provisions are of a
minor nature.
[53]
Section 8 of the Act refers to the Secretary of
States consent being required in relation to Bill which
contains
(a)
a provision which deals with an excepted matter
and is ancillary to other provisions dealing with reserved
or transferred matters; or
(b)
[54]
Under Section 11, the Attorney General for
Northern Ireland may refer to the Supreme Court a
question of whether a provision of a Bill would be within
the legislative competence of the Assembly.
[55]
Section 12 relates to the particular situation where
a reference has been made to the Supreme Court under
Section 11 but where the Supreme Court has referred, for
a preliminary ruling, a matter arising to the European
Court of Justice.
[56]
The next provision which the court draws attention
to is Section 24. Section 24(1) establishes that:
A Minister or Northern Ireland Department has no power
to make, confirm or approve any subordinate legislation,
or to do any act, so far as the legislation or act
(b)
[57]
Section 27 deals with quotas for the purpose of
international obligations. It provides:
(1)
A Minister of the Crown may make an order
containing provision such as is specified in subsection
(2)
where
(a)
An international obligation or an obligation under
Community law is an obligation to achieve a result defined
by reference to a quantity (whether expressed as an
amount, proportion or ratio or otherwise); and
(b)
the quantity relates to the United Kingdom (or to
an area including the United Kingdom or to an area
consisting of a part of the United Kingdom which is or
includes the whole or part of Northern Ireland).
(2)
The provision referred to in subsection (1) is
provision for the achievement by a Minister or Northern
Ireland department (in the exercise of his or its functions)
of so much of the result to be achieved under the
international obligation or obligation under Community law
[62]
The above functions were to be exercised in
accordance with Part 4 of Annex 2 which dealt with the
current Community Initiatives and also post-1999
structural funds.
[63]
The court does not doubt that the intention of both
governments was that the approach taken would apply to
future equivalent or substitute Community Initiatives.
That this is so can be seen from the terms of letters
exchanged between the respective governments
subsequently. For an example, see the Schedule to the
North/South Co-operation (Implementation Bodies)
(Amendment) (Northern Ireland) Order 2007.
[64]
There is nothing, however, in any of the
instruments which entrenches the arrangements in
respect of Implementation Bodies. The instruments can be
viewed as being consistent with the existence of an
implicit assumption that membership of the EU, on the
part of both countries, would continue.
Issue 1
[65]
The central issue in these applications relates to
the legal authority upon which Notice is to be given by the
United Kingdom Government to the European Council for
the purpose of Article 50(2) TEU. As the opening sentence
of Article 50(2) indicates:
A member state which decides to withdraw shall notify
the European Council of its intention.
This notice triggers the arrangements provided for in the
remainder of Article 50.
[66]
It is the governments view that notification is
properly to be viewed as an executive action taken under
prerogative power. However, the applicants dispute this.
They argue that prerogative power cannot be used to
effect notification because that power has been displaced
by statute. In these circumstances, they submit,
notification must be effected by a process which involves
authority for this action being given by Act of Parliament.
[76]
The next case involving the line to be drawn
between statute and prerogative power is that of R v
Secretary of State for Home Department ex parte Fire
Brigades Union and others [1995] 2 AC 513. This case
concerned schemes for criminal injury compensation.
Parliament in 1988 had legislated for a new statutory
scheme in the Criminal Justice Act 1988 but this scheme
was not commenced. Instead, the Secretary of State
decided to introduce a fresh scheme in its place using
prerogative power. This latter scheme brought in a series
of tariff provisions under which compensation was to be
calculated as against the more generous compensation
arrangements contained in the 1988 Act. The issue which
arose was whether it was lawfully open to the Secretary of
State to use prerogative power in this way while, albeit not
commenced, the scheme under the 1988 Act remained on
the statute book. The Court of Appeal held that the
Secretary of States use of the prerogative power to
establish the tariff scheme was unlawful and by a majority
of 3/2 the House of Lords agreed. In the Court of Appeal
Sir Thomas Bingham MR stated at page 522 (e)-(f):
The leading cases to which our attention was properly
drawn, Attorney General v De Keysers Hotel Limited and
the Laker Airways case did not concern statutory
provisions not brought into force and so provide no direct
answer to this question. It must therefore be approached
as an issue of principle. Again, as it seems to me, the
Secretary of States argument gives too little weight to the
overriding legislative role of Parliament. It has approved
detailed provisions governing the form which, underpinned
by statute, the scheme should take. Sections 108-117 and
Schedule 6 and 7 are not a discussion paper but a
blueprint approved in the most solemn form for which our
constitution provides. It was, of course, open to the
Secretary of State to invite Parliament to repeal the
provisions [h]e could have sought enactment of
provisions giving effect to the tariff scheme in substitution
for the 1988 provisions; or if the 1988 provisions were
simply repealed he could have exercised his prerogative
powers to introduce the tariff scheme, the field then being
once more unoccupied by statute. What in my judgment
[86]
On this issue the applicants case has been put
both in general ways and by reference to specific
provisions.
[87]
In respect of the former, it has been suggested
that the Northern Ireland Act 1998 has been inextricably
interwoven with the United Kingdoms continued
membership of the EU and this outworking of the model
of democracy should be viewed as protected from
change on the facts of this case.
[88]
It is also submitted that Parliament has not
authorised any action under Article 50 and that to allow
Article 50 to be triggered without an Act of Parliament
authorising it would automatically result in the removal or
abrogation of rights currently enjoyed by United Kingdom
citizens. To achieve such a result, therefore, requires the
legislative sanction of Parliament.
[89]
Additionally, it was asserted that notification under
Article 50 involved, in effect, the beginning of a far
reaching process of amending the 1998 Act which would
cut across domestic, EU and international dimensions.
This would upset the delicate constitutional balance
established as a result the Good Friday Agreement and the
1998 Act.
[90]
Put another way, the operation of EU law should
be viewed as a building block of Northern Irelands
constitutional protections and continued membership is a
necessary element of the North-South and East-West
structures and the relationships which form the kernel of
the constitutional arrangements for Northern Ireland in
modern times. This was illustrated especially in respect of
cross border activities over a wide range of subject
matters and, if these were interfered with by the
triggering of Article 50, this would have momentous
consequences for the rights granted to individuals and for
society as a whole. Among the consequences for society
would be the weakening of constitutional protections, such
as those under the European Convention on Human
Rights, by the removal of the underpinning provided for it
in EU law.
[91]
In respect of reliance on specific provisions the
court was shown a large number of provisions which, it
was contended, detailed the direct damage which
notification would have to Northern Irelands constitutional
framework. This damage was the greater because of the
interlocking nature of the major elements in the
arrangements.
[92]
(i)
The loss of EU law as a limit to the Assemblys
power to legislate and as a constraint on the use of
executive power (section 6(2)(b) and Section 24(1)(b)).
(ii)
The loss of EU law in connection with the operation
of the North/South Council and the implementation bodies
established in connection with it. The main example in
this area was in connection with the operation of the
Special EU Programmes Body whose remit has been
referred to earlier in this judgment. Part of the day to day
functioning of this body involved on-going consideration of
issues of EU law and its administration in both parts of
Ireland. It was contended that the nature of this body was
a good example of the requirement that there should not
be change to the position of Northern Ireland as part of
the EU.
[93]
The applicants accepted (at least in the Agnew
and others case) it could not be said any of the specific
provisions referred to expressly superseded the
prerogative but, it was submitted, the territory dealt with
in many of the provisions of the 1998 Act demonstrated an
undermining of prerogative power in a manner fatal to its
continued use.
[94]
The retort of the intended respondents to the
applicants claims above was in broad terms that there
was nothing in the provisions relied upon by the applicants
that either expressly or by necessary implication had the
effect of curtailing the ability of the executive to use
prerogative power for the purpose of Article 50(2).
[95]
In this regard, the intended respondents pointed
out that the terms of the EU Referendum Act did not
specify what steps the Government was required to take in
the event of a vote in favour of leaving the EU. The
matter, it was suggested, was left to the executive to
decide and no case could be made that it was any part of
the statutory intention, as now claimed, that there would
have to be a further Act of Parliament before Article 50(2)
could be triggered.
[96]
Nor, it was contended, could it be said that any of
the provisions of the 1998 Act or its contextual
surroundings could properly be viewed as having this
effect. The Act was not directed at this issue. There were
statutory provisions in other areas where a clear intention
to replace prerogative power by an exercise of statutory
power could be plainly identified, for examples the
European Union (Amendment) Act 2008 sections 5, and
the European Union Act 2011 section 2, but nothing
remotely similar arose in the present case. In this regard,
the words of Lloyd J (as he then was) were quoted from his
judgment in R v Secretary of State for Foreign and
Commonwealth Affairs ex parte Rees-Mogg [1994] 2 WLR
115 at page 124, where he said:
When Parliament wishes to fetter the Crowns treatymaking power in relation to community law, it does so in
express terms, such as one finds in section 6 of the 1978
Act [European Parliamentary Elections Act 1978].
[97]
The most which could be said in this area,
according to the intended respondents, was that the Good
Friday Agreement and the provisions made subsequently
in the 1998 Act were written against the context then
prevailing, including the United Kingdoms membership of
the EU. The provisions made were a recognition of a day
to day feature of government but it was no part of the
arrangements made that any guarantee was being offered
or provided about possible departure by the United
Kingdom or Ireland from the EU at some date in the future.
On the contrary, there was a working assumption that
both states were likely to remain in the EU, but at that
(c)
Between persons with a disability and persons
without; and
(d)
Between persons with dependants and persons
without.
(2) Without prejudice to its obligations under subsection
(1), a public authority shall in carrying out its functions
relating to Northern Ireland have regard to the desirability
of promoting good relations between persons of different
religious belief, political opinion or racial group.
[139] The detail of the argument is that the NIO is a
public authority for the purpose of the 1998 Act as
demonstrated by its inclusion in the Northern Ireland Act
1998 (Designation of Public Authorities) Order 2000 and
must, for the purpose of Schedule 9 of the 1998 Act
assess the impact on equality of opportunity of policies
adopted in the exercise of its functions. There is, it is said,
no statement from the NIO indicating that its obligations
have been taken into account in relation to any advice the
Secretary of State has given or might be minded to give in
the context of the triggering of Article 50(2). There is
therefore a prima facie case of breach of section 75 and of
the NIOs Equality Scheme in respect of consultation,
screening and the production of an equality impact
assessment.
[140] The intended respondents have sought to meet
this issue in a variety of ways.
[141] The following particular points were made as
alternatives to each other:
(i)
Notably, he said:
It would be anomalous if a scrutinising process could be
undertaken parallel to that for which the [Equality]
Commission has the express statutory remit. We have
concluded that this was not the intention of Parliament.
The structure of the statutory provisions is instructive in
this context. The juxtaposition of ss75 and 76 with
contrasting enforcing mechanisms for the respective
obligations contained in those provisions strongly favour
the conclusion that Parliament intended that, in the main
at least, the consequence of a failure to comply with s.75
would be political, whereas the sanction of legal liability
would be appropriate to breaches of the duty contained in
s.76.
This is not a case, argue the intended respondents, where
the court should permit the complaint put forward by the
applicants to be litigated by way of judicial review.
(iii)
Another reason why this issue should be rejected
by the court is the stage at which this issue is being
raised, i.e. prior to notification of the intention to withdraw
from the EU. On this aspect, it was argued that the
Government is only at the outset of a process which has a
long way to go. At this stage the outcome of the process
is unclear with the consequence that there would not be
sufficient information on which to base any impact
assessment for the purpose of section 75. In short, no
sensible assessment could be made at this stage. Support
for rejecting a claim of this sort for this reason could, it
was submitted, be found in such cases as R (Nash) v
Barnet LBC (Capita plc and others, interested parties)
[2013] LGR 515 at [80]; R (Bailey) v Brent LBC [2012] LGR
530 at paragraph [104]; and R (Fawcett Society) v
Chancellor of the Exchequer [2010] EWHC 3522 Admin at
paragraph [15].
[142] In a short submission the Attorney General for
Northern Ireland supported the intended respondents
position. In his written submission he put the matter thus:
section 75 does not have any application with respect
(a)
The status of Northern Ireland which formed the
subject matter of provision in the Good Friday Agreement
and the later section 1 of the 1998 Act was concerned with
the question only of whether Northern Ireland was either
to remain in the United Kingdom or join a united Ireland.
This is express in the relevant passages. There was, in
contrast, no reference anywhere to the need for the
consent of the people of Northern Ireland to any particular
change in the arrangements for government. Nor could
any such restriction be implied.
(b)
The sovereignty of the United Kingdom Parliament
was preserved in the new constitutional arrangements for
Northern Ireland, as is clear from the terms of section 5 (6)
of the 1998 Act. It followed that there was no legal
impediment of the sort contended for to the ability of the
United Kingdom to withdraw from the European Union.
(c)
No domestic authority had been cited by the
applicant to support the contention that it is now the case
that the consent of the people of Northern Ireland was
required for the purpose of withdrawing from the EU. The
constitutional relationship between the United Kingdom
Parliament and a devolved area had recently been the
subject of extensive discussion by the Supreme Court in
the case of Axa General Insurance Ltd and others v HM
Advocate and others [2012] 1 AC 868 and there had been
no suggestion that the devolved arrangements entailed
any such requirement or had the effect of limiting the
power of the United Kingdom legislature.
(d)
In the face of the existing and well recognised
constitutional provisions in respect of devolution there was
an absence of material which could establish a legitimate
expectation of the sort now contended for.
(e)
The doctrine of legitimate expectation was not
appropriate, in any event, to a situation where what was
being alleged was a commitment or promise to the
population or a section of the population at large. A
statement at a macro-level, especially in the realm of
politics, was not enforceable by the court: see, for
examples, the judgment of Richards LJ in R (Wheeler) v
Office of the Prime Minister and another [2008] EWHC
1409 (Admin) at paragraph [44] and R v Secretary of State
for Education and Employment [2000] 1 WLR 1115 per
Laws LJ at pages 1130-113.
(f)
There could be no basis for suggesting the
Government does not remain committed to the peace
process.
The courts assessment
upon).
[155] In the courts view, any suggestion that a
legitimate expectation can overwhelm the structure of the
legislative scheme is not viable.
[156] The court acknowledges that on the issue of the
doctrine of parliamentary sovereignty (in the Diceyan
sense that Parliament can make or unmake any law
whatsoever and that no-one can override or set aside the
legislation of Parliament) there are differing views about
the extent to which the doctrine may be reconciled with,
in particular, the rule of law, but this does not mean that a
first level judge is free to disregard the doctrine or sweep
it away. If that task is to be undertaken it will fall to the
highest court to do so in an appropriate case, as Lord
Steyn in Jackson recognised. Finally, while the academic
writings and Canadian cases demonstrated that there was
no lack of possible approaches to constitutional
development this, in itself, is not a reason why
constitutional orthodoxy must be set aside.
[157] Essentially, for the reasons advanced by the
intended respondents the court rejects the applicants
submissions in this area.
Conclusion
[158] As the hearing has been a rolled up hearing the
court indicates that in respect of Issues 1, 2, 3 and 4 it is
prepared to grant leave but not in respect of Issue 5. In
respect of all issues the court dismisses the applications.
http://www.courtsni.gov.uk/en-GB/Judicial
%20Decisions/PublishedByYear/Documents/2016/%5B2016%5D
%20NIQB%2085/j_j_MAG10076Final.htm
PART I
FUNDAMENTAL PRINCIPLES
Section 1
(The Republic)
1.
The Democratic Republic of East Timor is a
democratic, sovereign, independent and unitary State
based on the rule of law, the will of the people and the
respect for the dignity of the human person.
2.
November 28th 1975 is the Day of Proclamation of
Independence of the Democratic Republic of East Timor.
Section 2
(Sovereignty and constitutionality)
1.
Sovereignty rests with the people, who shall exercise
it in the manner and form laid down in the Constitution.
2.
The State shall be subject to the Constitution and to
the law.
3.
The validity of the laws and other actions of the State
depend upon their compliance with the Constitution.
4.
The State shall recognise customary laws of East
Timor, subject to the Constitution and to any legislation
dealing specifically with customary law.
Section 3
(Citizenship)
1.
There shall be original citizenship and acquired
citizenship in the Democratic Republic of East Timor.
2.
The following citizens shall be considered original
citizens of East Timor, as long as they are born in the
national territory:
a)
b)
c)
Children of incognito parents, stateless parents or
parents of unknown nationality;
d)
Children of a foreign father or mother who, being
over seventeen years old, declare their will to become
East Timorese nationals.
3.
The following citizens shall be considered original
citizens of East Timor, even if they are born in a foreign
country:
a)
Children of an East Timorese father or mother living
overseas;
b)
Children of an East Timorese father or mother serving
the State outside the country;
4.
Acquisition, loss and reacquisition of citizenship, as
well as its registration and proof, shall be regulated by law.
Section 4
(Territory)
1.
The territory of the Democratic Republic of East
Timor comprises the land surface, the maritime zone and
the air space demarcated by the national boundaries that
historically comprise the eastern part of Timor Island, the
enclave of Oecussi, the island of Ataro and the islet of
Jaco.
2.
The extent and limits of territorial waters and the
exclusive economic zone, and the rights of East Timor to
the adjacent seabed and continental shelf shall be laid
down in the law.
3.
The State shall not alienate any part of the East
Timorese territory or the rights of sovereignty over the
g)
To assert and value the personality and the cultural
heritage of the East Timorese people;
h)
To promote the establishment and the development
of relations of friendship and co-operation among all
Peoples and States;
i)
To promote the harmonious and integrated
development of the sectors and regions and the fair
distribution of the national product;
j)
To promote an effective equality of opportunities
between women and men.
Section 7
(Universal Suffrage and multi-party system)
1.
The people shall exercise the political power through
universal, free, equal, direct, secret and periodic suffrage
and through other forms laid down in the Constitution.
2.
The State shall value the contribution of political
parties for the organised expression of the popular will and
for the democratic participation of the citizen in the
governance of the country.
Section 8
(International Relations)
1.
On matters of international relations, the Democratic
Republic of East Timor shall govern itself by the principles
of national independence, the right of the Peoples to selfdetermination and independence, the protection of human
rights, the mutual respect for sovereignty, territorial
integrity and equality among States and the noninterference in domestic affairs of other States.
2.
The Democratic Republic of East Timor shall establish
relations of friendship and co-operation with all other
peoples, aiming at the peaceful settlement of conflicts, the
general, simultaneous and controlled disarmament, the
Section 11
(Valorisation of Resistance)
1.
The Democratic Republic of East Timor acknowledges
and values the secular resistance of the Maubere People
against foreign domination and the contribution of all
those who fought for national independence.
2.
The State acknowledges and values the participation
of the Church in the process of national liberation of East
Timor.
3.
The State shall ensure special protection to wardisabled, orphans and other dependants of those who
dedicated their lives to the struggle for independence and
national sovereignty, and shall protect all those who
participated in the resistance against the foreign
occupation, in accordance with the law.
4.
The law shall define the mechanisms for rendering
tribute to the national heroes.
Section 12
(Relationship between the State and religious
denominations)
1.
2.
The State shall respect the different religious
denominations, which are free in their organisation and in
the exercise of their own activities, to take place in due
observance of the Constitution and the law.
3.
The State shall promote the cooperation with the
different religious denominations that contribute to the
well-being of the people of East Timor.
4.
The religious denominations have the right to
possess and to acquire assets for the achievement of their
objectives.
Section 13
(Official languages and national languages)
1.
Tetum and Portuguese shall be the official languages
in the Democratic Republic of East Timor.
2.
Tetum and the other national languages should be
valued and developed by the State.
Section 14
(National symbols)
1.
The national symbols of the Democratic Republic of
East Timor shall be the flag, the emblem and the national
anthem.
2.
The emblem and the national anthem shall be
approved by law.
Section 15
(National Flag)
1.
The National Flag is rectangular and is formed by two
isosceles triangles, the bases of which are overlapping.
One triangle is black and its height is equal to one-third of
the length overlapped to the yellow triangle, whose height
is equal to half the length of the Flag. In the centre of the
black triangle there is a white star of five ends, meaning
the light that guides. The white star has one of its ends
turned towards the upper right end of the flag. The
remaining part of the flag is purple-red.
2.
Section 19
(Youth)
1.
The State shall promote and encourage youth
initiatives towards the consolidation of national unity,
reconstruction, defence and development of the country.
2.
The State shall promote education, health and
vocational training for the youth as may be practicable.
Section 20
(Old Age)
1.
Every old age citizen has the right to special
protection by the State.
2.
The old age policy entails measures of economic,
social and cultural nature designed to provide the elderly
with opportunities for personal achievement through
active and
signifying participation in the community.
Section 21
(Disabled citizen)
1.
A disabled citizen shall enjoy the same rights and
shall be subject to the same duties as all other citizens,
except for the rights and duties which he or she is unable
to exercise or fulfil due to his or her disability.
3.
The State shall promote the protection of disabled
citizens as may be practicable and in accordance with the
law.
Section 22
(East Timorese citizens overseas)
East Timorese citizens who are or live overseas shall enjoy
protection by the State for the exercise of their rights and
shall be subject to duties not incompatible with their
absence from the country.
Section 23
(Interpretation of fundamental rights)
Fundamental rights enshrined in the Constitution shall not
exclude any other rights provided for by the law and shall
be interpreted in accordance with the Universal
Declaration of Human Rights.
Section 24
(Restrictive laws)
1.
Restriction of rights, freedoms and guarantees can
only be imposed by law in order to safeguard other
constitutionally protected rights or interests and in cases
clearly provided for by the Constitution.
2.
Laws restricting rights, freedoms and guarantees
have necessarily a general and abstract nature and may
not reduce the extent and scope of the essential contents
of constitutional provisions and shall not have a
retroactive effect.
Section 25
(State of exception)
1.
Suspension of the exercise of fundamental rights,
freedoms and guarantees shall only take place if a state of
siege or a state of emergency has been declared as
provided for by the Constitution.
2.
A state of siege or a state of emergency shall only be
declared in case of effective or impending aggression by a
foreign force, of serious disturbance or threat of serious
disturbance to the democratic constitutional order, or of
public disaster.
3.
A declaration of a state of siege or a state of
emergency shall be substantiated, specifying rights,
freedoms and guarantees the exercise of which is to be
suspended.
4.
A suspension shall not last for more than thirty days,
without prejudice of possible justified renewal, when
strictly necessary, for equal periods of time.
5.
In no case shall a declaration of a state of siege
affect the right to life, physical integrity, citizenship, nonretroactivity of the criminal law, defence in a criminal case
and freedom of conscience and religion.
6.
Authorities shall restore constitutional normality as
soon as possible.
Section 26
(Access to courts)
1.
Access to courts is guaranteed to all for the defence
of their legally protected rights and interests.
2.
Justice shall not be denied for insufficient economic
means.
Section 27
(Ombudsman)
1.
The Ombudsman shall be an independent organ in
charge to examine and seek to satisfy citizens complaints
against public bodies, certify the conformity of the acts
with the law, prevent and initiate whole process to remedy
injustice.
2.
Citizens may present complaints concerning acts or
omissions on the part of public bodies to the Ombudsman,
who shall undertake a review, without power of decision,
and shall forward recommendations to the competent
organs as deemed necessary.
3.
The Ombudsman shall be appointed by the National
Parliament through absolute majority votes of its members
for a term of office of four years.
4.
The activity the Ombudsman shall be independent
from any means of grace and legal remedies as laid down
2.
The State shall recognise and guarantee the right to
life.
3.
There shall be no death penalty in the Democratic
Republic of East Timor.
Section 30
(Right to personal freedom, security and integrity)
1.
Every one has the right to personal freedom, security
and integrity.
2.
No one shall be arrested or detained, except under
the terms clearly provided for by applicable law, and the
order of arrest or detention should always be presented
for consideration by the competent judge within the legal
timeframe.
3.
Every individual who loses his or her freedom shall be
immediately informed, in a clear and precise manner, of
the reasons for his or her arrest or detention as well as of
his or her rights, and allowed to contact a lawyer, directly
or through a relative or a trusted person.
4.
No one shall be subjected to torture and cruel,
inhuman or degrading treatment.
Section 31
(Application of criminal law)
1.
No one shall be subjected to trial, except in
accordance with the law.
2.
No one shall be tried and convicted for an act that
does not qualify in the law as a criminal offence at the
moment it was committed, nor endure security measures
the provisions of which are not clearly established in
previous law.
3.
Penalties or security measures not clearly provided
for by law at the moment the criminal offence was
committed shall not be enforced.
4.
No one shall be tried and convicted for the same
criminal offence more than once.
5.
Criminal law shall not be enforced retroactively,
except if the new law is in favour of the accused.
6.
Anyone who has been unjustly convicted has the
right to a fair compensation in accordance with the law.
Section 32
(Limits on sentences and security measures)
1.
There shall be no life imprisonment nor sentences or
security measures lasting for unlimited or indefinite period
of time in the Democratic Republic of East Timor.
2.
4.
Persons who are subjected, on conviction, to a
sentence or a security measure involving loss of freedom
remain entitled to their fundamental rights, subject to the
limitations that necessarily derive from that conviction and
from the requirements for its enforcement.
Section 33
(Habeas corpus)
1.
Everyone who illegally loses his or her freedom has
the right to apply for habeas corpus.
2.
An application for habeas corpus shall be made by
the detainee or by any other person in the exercise of his
or her civil rights, in accordance with the law.
3.
The court shall rule on the application for habeas
corpus within 8 days at a hearing in the presence of both
parties.
Section 34
(Guarantees in criminal proceedings)
1.
Everyone charged with an offence is presumed
innocent until convicted.
2.
An accused person has the right to select, and be
assisted by, a lawyer at all stages of the proceedings and
the law shall determine the circumstances for which the
presence of the lawyer is mandatory.
3.
Every individual is guaranteed the inviolable right of
hearing and defence in criminal proceedings.
4.
Evidence is of no effect if obtained by torture,
coercion, infringement of the physical or moral integrity of
the individual, or wrongful interference with private life,
3.
Extradition in respect of offences punishable, under
the law of the requesting State, by death penalty or life
imprisonment or whenever there are grounds to assume
that the person to be extradited may be subjected to
torture and inhuman, degrading and cruel treatment, shall
not be permitted.
4.
An East Timorese national shall not be expelled or
expatriated from the national territory.
Section 36
(Right to honour and privacy)
Every individual has the right to honour, good record
and reputation, protection of his or her public image and
privacy of his or her personal and family life.
Section 37
(Inviolability of home and correspondence)
1.
Any person's home and the privacy of his or her
correspondence and other means of private
communication are inviolable, except in cases provided for
by law as a result of criminal proceedings.
2.
A person's home shall not be entered against his or
her will, except under the written order of a competent
judicial authority and in the cases and manner prescribed
by law.
3.
the law.
Section 40
(Freedom of speech and information)
1.
Every citizen has the right to freedom of speech and
the right to inform and be informed impartially.
2.
The exercise of freedom of speech and information
shall not be limited by any sort of censorship.
3.
The exercise of rights and freedoms referred to in this
Section shall be regulated by law based on the imperative
of respect for the Constitution and the dignity of the
human person.
Section 41
(Freedom of the press and mass media)
1.
Freedom of the press and other mass media is
guaranteed.
2.
Freedom of the press shall comprise, namely, the
freedom of speech and creativity for journalists, the
access to information sources, editorial freedom,
protection of independence and professional
confidentiality, and the right to create newspapers,
publications and other means of broadcasting.
3.
4.
The State shall guarantee the freedom and
independence of the public mass media from political and
economic powers.
5.
The State shall guarantee the existence of a public
radio and television service that is impartial in order to,
inter-alia, protect and disseminate the culture and the
traditional values of the Democratic Republic of East Timor
and guarantee opportunities for the expression of different
lines of opinion.
6.
Radio and television stations shall operate only under
a licence, in accordance with the law.
Section 42
(Freedom to assemble and demonstrate)
1.
Every citizen is guaranteed the freedom to assemble
peacefully and unarmed, without a need for prior
authorisation.
2.
Everyone is recognised the right to demonstrate in
accordance with the law.
Section 43
(Freedom of association)
1.
Every citizen shall enjoy freedom of association
provided that the association is not intended to promote
violence and is in accordance with the law.
2.
No one shall be compelled to join an association or to
remain in it against his or her will.
3.
The establishment of armed, military or paramilitary
associations, including organisations of a racist or
xenophobic nature or that promote terrorism, shall be
prohibited.
Section 44
(Freedom of movement)
1.
Every citizen has the right to move freely and to
settle anywhere in the national territory.
2.
Every citizen is guaranteed the right to emigrate
freely and to return to the country.
Section 45
(Freedom of conscience, religion and worship)
1.
Every person is guaranteed the freedom of
conscience, religion and worship and the religious
denominations are separated from the State.
2.
No one shall be persecuted or discriminated against
on the basis of his or her religious convictions.
3.
The right to be a conscientious objector shall be
guaranteed in accordance with the law.
4.
Freedom to teach any religion in the framework of
the respective religious denomination is guaranteed.
Section 46
(Right to political participation)
1.
Every citizen has the right to participate in the
political life and in the public affairs of the country, either
directly or through democratically elected representatives.
2.
Every citizen has the right to establish and to
participate in political parties.
3.
The State shall value the contribution of the political
parties to the organised expression of the will of the
people and to the democratic participation of the citizen in
the governance of the country.
4.
The establishment and organisation of political
parties shall be regulated by law.
Section 47
(Right to vote)
1.
Every citizen over the age of seventeen has the right
to vote and to be elected.
2.
The exercise of the right to vote is personal and
constitutes a civic duty.
Section 48
(Right to petition)
Every citizen has the right to submit, individually or jointly
with others, petitions, complaints and claims to organs of
1.
Every worker has the right to resort to strike, the
exercise of which shall be regulated by law.
2.
The law shall determine the conditions under which
services are provided, during a strike, that are necessary
for the safety and maintenance of equipment and
facilities, as well as minimum services that are necessary
to meet essential social needs.
3.
Lock-out is prohibited.
Section 52
(Trade union freedom)
1.
Every worker has the right to form or join trade
unions and professional associations in defence of his or
her rights and interests.
2.
Trade union freedom is sub-divided, namely, into
freedom of establishment, freedom of membership and
freedom of organisation and internal regulation.
3.
Trade unions and trade union associations shall be
independent of the State and the employers.
Section 53
(Consumer rights)
1.
Consumers have the right to goods and services of
good quality, to truthful information and protection of their
health, safety and economic interests, and to reparation
for damages.
2.
Advertising shall be regulated by law, and all forms of
concealed, indirect or misleading advertising are
prohibited.
Section 54
(Right to private property)
1.
Every individual has the right to private property and
can transfer it during his or her lifetime or on death, in
Section 64
(Principle of Renewal)
No one shall hold any political office for life, or for
indefinite periods of time.
Section 65
(Elections)
1.
Elected organs of sovereignty and of local
government shall be chosen by free, direct, secret,
personal and regular universal suffrage.
2.
Registration of voters shall be compulsory and
officially initiated, single and universal, to be up-dated for
each election.
3.
Electoral campaigns shall be governed in accordance
with the following principles:
a)
Freedom to canvass;
b)
Equality of opportunity and treatment for all
candidacies;
c)
Impartiality towards candidacies on the part of public
bodies;
d)
Transparency and supervision of electoral expenses.
4. Conversion of the votes into mandates shall observe the
principle of proportional representation;
5.
Article 66
(Referendum)
1.
Voters who are registered in the national territory
may be called upon to express their opinions in a
referendum on issues of relevant national interest.
2.
A referendum shall be called by the President of the
Republic, following a proposal by one third, and
deliberation approved by a two thirds majority, of the
Section 67
(Organs of Sovereignty)
The organs of sovereignty shall comprise the President of
the Republic, the National Parliament, the Government
and the Courts.
Section 68
(Incompatibilities)
1.
The holding of the offices of President of the
Republic, Speaker of the National Parliament, President of
the Supreme Court of Justice, President of the High
Administrative, Tax and Audit Court, Attorney-General and
member of Government shall be incompatible with one
another.
2.
Section 69
(Principle of separation of powers)
Organs of sovereignty, in their reciprocal relationship and
exercise of their functions, shall observe the principle of
separation and interdependence of powers established in
the Constitution.
Section 70
(Political parties and the right of opposition)
1.
Political parties shall participate in organs of political
power in accordance with their democratic representation
4.
The political and administrative organisation of the
territory of the Democratic Republic of East Timor shall be
defined by law.
Article 72
(Local government)
1.
Local government is constituted by corporate bodies
vested with representative organs, with the objective of
organising the participation by citizens in solving the
problems of their own community and promoting local
development without prejudice to the participation by the
State.
2.
The organisation, competence, functioning and
composition of the organs of local government shall be
defined by law.
Section 73
(Publication of legislation and decisions)
1.
Legislation and decisions shall be published by the
organs of sovereignty in the official gazette.
2.
Failure to publish any of the legislation or decisions
original citizenship;
b)
c)
d)
to be proposed by a minimum of five thousand
voters.
2.
The President of the Republic has a term of office of 5
years and shall cease his or her functions with the
swearing-in of the new President-elect.
3.
The President of the Republic's term of office may be
renewed only once.
Section 76
(Election)
1.
The President of the Republic shall be elected by
universal, free, direct, secret, and personal suffrage.
2.
The election of the President of the Republic shall be
conducted through the system based on the majority of
valid expressed votes, excluding blank votes.
3.
Where no candidate gets more than half of the votes,
a second round shall take place on the 30th day following
the first voting.
4.
Only the two candidates obtaining the highest
number of votes shall be eligible to stand in a run-off
election, provided they have not withdrawn their
candidacies.
Section 77
(Inauguration and swearing-in)
1.
The President of the Republic shall be sworn in by the
Speaker of the National Parliament and shall be
inaugurated in public ceremony before the members of
the National Parliament and the representatives of the
other organs of sovereignty.
2.
The inauguration shall take place on the last day of
the term of office of the outgoing President or, in case of
election due to vacancy, on the eighth day following the
publication of the electoral results.
3.
At the swearing-in ceremony, the President of the
Republic shall take the following oath:
election.
Section 84
(Replacement and interim office)
1.
During temporary impediment of the President of the
Republic, the presidential functions shall be taken over by
the Speaker of National Parliament or, in case of
impediment of the latter, by his or her replacement.
2.
The parliamentary mandate of the Speaker of the
National Parliament or of his or her replacement shall be
automatically suspended over the period of time in which
he or she holds the office of President of the Republic on
an interim basis.
3.
The parliamentary functions of the replacing or
interim President of the Republic shall be temporarily
taken over in accordance with the Rules of Procedures of
the National Parliament.
CHAPTER II
COMPETENCIES
Section 85
(Competencies)
It is exclusively incumbent upon the President of the
Republic:
a)
To promulgate statutes and order the publication of
resolutions by the National Parliament approving
agreements and ratifying international treaties and
conventions;
b)
Exercise competencies inherent to the functions of
Supreme Commander of the Defence Force;
c)
To exercise the right of veto regarding any statutes
within 30 days from the date of their receipt;
d)
To appoint and swear in the Prime Minister
designated by the party or alliance of parties with the
highest number of members after consultation with
political parties sitting in the National Parliament;
e)
To request the Supreme Court of Justice to undertake
preventive appraisal and abstract review of the
constitutionality of the rules, as well as verification of
unconstitutionality by omission.
f)
To submit relevant issues of national interest to a
referendum as laid down in Section 66;
g)
To declare the state of siege or the state of
emergency following authorisation of the National
Parliament, after consultation with the Council of State,
the Government and the Supreme Council of Defence and
Security;
h)
To declare war and make peace following a
Government proposal, after consultation with the Council
of State and the Supreme Council of Defence and Security
under authorisation of the National Parliament;
i)
To grant pardons and commute sentences after
consultation with the Government;
j)
To award honorary titles, decorations and merits in
accordance with the law.
Section 86
(Competencies with regard to other organs)
It is incumbent upon the President of the Republic, with
regard to other organs:
a)
To chair the Supreme Council of Defence and
Security;
b)
c)
To set dates for presidential and legislative elections
in accordance with the Law;
d)
To request the convening of extraordinary sessions of
the National Parliament, whenever imperative reasons of
national interest so justify;
e)
To address messages to the National Parliament and
the country;
f)
To dissolve the National Parliament in case of a
serious institutional crisis preventing the formation of a
government or the approval of the State Budget and
lasting more than sixty days, after consultation with
political parties sitting in the Parliament and with the
Council of State, on pain of rendering the dissolution null
and void, taking into consideration provisions of Section
100;
g)
To dismiss the Government and remove the Prime
Minister from office after the National Parliament has
rejected his or her programme for two consecutive times.
h)
To appoint, swear in and remove Government
Members from office, following a proposal by the PrimeMinister, in accordance with item 2, Section 106;
i)
To appoint two members for the Supreme Council of
Defence and Security;
j)
To appoint the President of the Supreme Court of
Justice and swear in the President of the High
Administrative, Tax and Audit Court;
k)
To appoint the Attorney-General for a term of four
years;
l)
To appoint and dismiss the Deputy Attorney-Generals
in accordance with item 6, Section 133;
m)
o)
To appoint one member for the Superior Council the
Judiciary and for the Superior Council for the Public
Prosecution.
Section 87
(Competencies with regard to International Relations)
It is incumbent upon the President the Republic, in the
field of international relations:
a)
To declare war in case of effective or imminent
aggression and make peace, following proposal by the
Government, after consultation with the Supreme Council
for Defence and Security and following authorisation of
the National Parliament or of its Standing Committee.
b)
To appoint and dismiss ambassadors, permanent
representatives and special envoys, following proposal by
the Government;
c)
To receive credential letters and accredit foreign
diplomatic representatives;
d)
Conduct, in consultation with the Government, any
negotiation process towards the completion of
international agreements in the field of defence and
security.
Section 88
(Promulgation and veto)
1.
Within thirty days after receiving any statute from
the National Parliament for the purpose of its promulgation
as law, the President of the Republic shall either
2.
a)
Former Presidents of the Republic who were not
removed from office;
b)
c)
d)
Five citizens elected by the National Parliament in
accordance with the principle of proportional
representation and for the period corresponding to the
legislative term, provided that they are not members of
the organs of sovereignty.
e)
Five citizens designated by the President of the
Republic for the period corresponding to the term of office
of the President, provided that they are not members of
the organs of sovereignty.
Section 91
(Competence, organisation and functioning of the Council
of State)
1. It is incumbent upon the Council of State:
a)
Express its opinion on the dissolution of the National
Parliament;
b)
Express its opinion on the dismissal of the
Government;
c)
Express its opinion on the declaration of war and the
making of peace;
d)
Express its opinion on any other cases set out in the
Constitution and advise the President of the Republic in
the exercise of his or her functions, as requested by the
President;
e)
2.
The meetings of the Council of State shall not be
open to the public.
3.
The organisation and functioning of the Council of
State shall be established by law.
TITLE III
NATIONAL PARLIAMENT
CHAPTER I
STATUS AND ELECTION
Section 92
(Definition)
The National Parliament is the organ of sovereignty of the
Democratic Republic of East Timor that represents all
Timorese citizens and is vested with legislative, fiscal and
political decision powers.
Section 93
(Election and composition)
1.
The National Parliament shall be elected by universal,
free, direct, equal, secret and personal suffrage.
2.
The National Parliament shall be made up of a
minimum of fifty-two and a maximum of sixty-five
Members.
3.
The law shall establish the rules relating to
constituencies, eligibility conditions, nominations and
electoral procedures.
4.
Members of the National Parliament shall have a term
of office of five years.
Section 94
(Immunities)
1.
The Members of National Parliament shall not be held
liable for civil, criminal or disciplinary proceedings in
regard to votes and opinions expressed by them while
performing their functions.
2.
Parliamentary immunities may be withdrawn in
accordance with the Rules of Procedures of the National
Parliament.
CHAPTER II
COMPETENCE
Section 95
(Competence of the National Parliament)
1.
It is incumbent upon the National Parliament to make
laws on basic issues of the countrys domestic and foreign
policy.
2.
It is exclusively incumbent upon the National
Parliament to make laws on:
a)
The borders of the Democratic Republic of East
Timor, in accordance with Section 4;
b)
The limits of the territorial waters, of the exclusive
economic area and of the rights of East Timor to the
adjacent sea bed;
c)
National symbols, in accordance with item 2 of
Section 14;
d)
Citizenship;
e)
f)
descent law;
g)
Territorial division;
h)
i)
j)
k)
l)
m)
n)
The suspension of constitutional guarantees and the
declaration of the state of siege and the state of
emergency;
o)
p)
q)
3.
a)
To ratify the appointment of the President of the
Supreme Court of Justice and of the High Administrative,
Tax and Audit Court;
b)
To deliberate on progress reports submitted by the
Government;
c)
To elect one member for the Superior Council for the
Judiciary and the Superior Council of the Public
Persecution;
d)
To deliberate on the State Plan and Budget and the
execution report thereof;
e)
f)
To approve and denounce agreements and ratify
international treaties and conventions;
g)
To grant amnesty;
h)
To give consent to trips by the President of the
Republic in accordance with Section 80;
i)
To approve revisions of the Constitution by a majority
of two thirds of the Members of Parliament;
j)
To authorise and confirm the declaration of the state
of siege or the state of emergency;
k)
To propose to the President of the Republic the
submission to referendum of issues of national interest.
4.
a)
b)
c)
d)
To set up the Standing Committee and establish the
other parliamentary Committees.
Section 96
(Legislative authorisation)
1.
The National Parliament may authorise the
Government to make laws on the following matters:
a)
Definition of crimes, sentences, security measures
and respective prerequisites;
b)
c)
Organisation of the Judiciary and status of
magistrates;
d)
General rules and regulations for the public service,
the status of the civil servants and the responsibility of the
State;
e)
General bases for the organisation of public
administration;
f)
Monetary system;
g)
h)
Definition of the bases for a policy on environment
protection and sustainable development;
i)
General rules and regulations for radio and television
broadcasting and other mass media;
j)
k)
General rules and regulations for requisition and
expropriation for public purposes;
l)
Means and ways of intervention, expropriation,
nationalisation and privatisation of means of production
and soils on grounds of public interest, as well as criteria
for the establishment of compensations.
2.
Laws on legislative authorisation shall define the
subject, sense, scope and duration of the authorisation,
which may be renewed.
3.
Laws on legislative authorisation shall not be used
more than once and shall lapse with the dismissal of the
Government, with the end of the legislative term or with
the dissolution of the National Parliament.
Section 97
(Legislative initiative )
1.
a)
b)
c)
The Government.
2.
There shall be no submission of bills, draft legislation
or amendments involving, in any given fiscal year, any
increase in State expenditure or any reduction in State
revenues provided for in the Budget or Rectifying Budgets.
3.
Bills and draft legislation that have been rejected
shall not be re-introduced in the same legislative session
in which they have been tabled.
4.
Bills and draft legislation that have not been voted on
shall not need to be re-introduced in the ensuing
legislative session, except in case of end of the legislative
term.
5.
Draft legislation shall lapse with the dismissal of the
Government.
Section 99
(Parliamentary appraisal of statutes)
1.
Statutes other than those approved under the
exclusive legislative powers of the Government may be
submitted to the National Parliament for appraisal, for
purposes of terminating their validity or for amendment,
following a petition of one-fifth of the Members of
Parliament and within thirty days following their
publication. This timeframe shall exclude the days when
the functioning of the National Parliament is suspended.
2.
The National Parliament may suspend, in part or in
full, the force of a statute until it is appraised.
3.
The suspension shall lapse after the National
Parliament has held 10 plenary meetings without taking a
final decision.
4.
Where termination of validity is approved, the statute
shall cease to be in force from the date of the publication
of the resolution in the Official Gazette, and it shall not be
published again in the same legislative session.
5.
The process shall lapse if, after a statute has been
submitted for appraisal, the National Parliament takes no
decision on it, or, having decided to make amendments, it
does not approve a law to that effect before the
corresponding legislative session ends, provided 15
plenary meetings have been held.
CHAPTER III
ORGANISATION AND FUNCTIONING
Section 100
(Legislative term)
1.
The legislative term shall comprise five legislative
sessions, and each legislative session shall have the
duration of one year.
2.
The regular period of functioning of the National
Parliament shall be defined by the Rules of Procedure.
3.
The National Parliament convenes on a regular basis
following notice by its Speaker.
4.
The National Parliament convenes on an
extraordinary basis whenever so deliberated by the
Standing Committee, at the request of one third of
Members or following notice of the President of the
Republic with a view to addressing specific issues.
5.
In case of dissolution, the elected National Parliament
shall commence a new legislative term, the length of
which shall be increased by the time needed to complete
the legislative session in progress at the date of the
election.
Section 101
(Dissolution)
1.
The National Parliament shall not be dissolved during
the 6 months immediately following its election, during
the last half-year of the term of office of the President of
the Republic or during a state of siege or a state of
emergency, on pain of rendering the act of dissolution null
and void.
2. The dissolution of the National Parliament does not
affect the continuance in office of its Members until the
first meeting of the National Parliament after the ensuing
election.
Section 102
(Attendance by Members of the Government)
1.
Members of the Government have the right to attend
plenary sessions of the National Parliament and may take
the floor as provided for in the rules of procedures.
2.
Sittings shall be fixed at which members of the
Government shall be present to answer questions from
Members of Parliament in accordance with the Rules of
Procedure.
3.
The National Parliament or its Committees may
request members of the Governments to take part in their
proceedings.
CHAPTER IV
STANDING COMMITTEE
Section 103
(Standing Committee)
1.
The Standing Committee shall sit when the National
Parliament is dissolved or in recession and in the other
a)
To follow-up the activities of the Government and the
Public Administration;
b)
To co-ordinate the activities of the Committees of the
National Parliament;
c)
To take steps for the convening of Parliament
whenever deemed necessary;
d)
To prepare and organise sessions of the National
Parliament;
e)
To give its consent regarding trips by the President of
the Republic in accordance with Section 80;
f)
To lead relations between the National Parliament
and similar parliaments and institutions of other countries;
g)
To authorise the declaration of the state of siege or
the state of emergency.
TITLE IV
GOVERNMENT
CHAPTER I
DEFINITION AND STRUCTURE
Section 104
(Definio)
Section 109
(The Programme of the Government)
1.
Once appointed, the Government should develop its
programme, which should include the objectives and tasks
proposed, the actions to be taken and the main political
guidelines to be followed in the fields of government
activity.
2.
Once approved by the Council of Ministers, the Prime
Minister shall, within a maximum of 30 days after
appointment of the Government, submit the Programme of
Government to the National Parliament for consideration.
Section 110
(Consideration of the Programme of Government by the
National Parliament)
1.
The Programme of the Government shall be
submitted to the National Parliament for consideration.
Where the National Parliament is not in session, its
convening for this purpose shall be mandatory.
2.
Debate on the programme of the Government shall
not exceed five days and, prior to its closing, any
parliamentary group may propose its rejection or the
Government may request the approval of a vote of
confidence.
3.
Rejection of the programme of the Government shall
require an absolute majority of the Members in full
exercise of their functions.
Section 111
(Request for vote of confidence)
The Government may request the National Parliament to
take a vote of confidence on a statement of general policy
or on any relevant matter of national interest.
Section 112
(Vote of no confidence)
1.
The National Parliament may, following proposal by
one-quarter of the Members in full exercise of their
functions, pass a vote of no confidence on the
Government with respect to the implementation of its
programme or any relevant matter of national interest.
2.
Where a vote of no confidence is not passed, its
signatories shall not move another vote of no confidence
during the same legislative session.
Section 113
(Dismissal of the Government)
1.
a)
b)
The President of the Republic accepts the resignation
of the Prime Minister;
c)
The Prime Minister dies or is suffering from a
permanent physical disability;
d)
Its programme is rejected for the second consecutive
time;
e)
f)
A vote of no confidence is passed by an absolute
majority of the Members in full exercise of their functions;
2.
The President of the Republic shall only dismiss the
Prime Minister in accordance with the cases provided for in
the previous item and when it is deemed necessary to
ensure the regular functioning of the democratic
institutions, after consultation with the Council of State.
Section 114
(Criminal liability of the members of Government)
1.
Where a member of the Government is charged with
a criminal offence punishable with a sentence of
imprisonment for more than two years, he or she shall be
suspended from his or her functions so that the
proceedings can be pursued.
2.
Where a member of the Government is charged with
a criminal offence punishable with a sentence of
imprisonment for a maximum of two years, the National
Parliament shall decide whether or not that member of the
Government shall be suspended so that the proceedings
can be pursued.
Section 115
(Immunities for members of the Government)
No member of the Government may be detained or
imprisoned without the permission of the National
Parliament , except for a felonious crime punishable with a
maximum sentence of imprisonment for more than two
years and in flagrante delicto.
CHAPTER III
COMPETENCIES
Section 116
(Competence of the Government)
1.
a)
To define and implement the general policy of the
country, following its approval by the National Parliament;
b)
To guarantee the exercise of the fundamental rights
and freedoms of the citizens;
c)
d)
To prepare the State Plan and the State Budget and
execute them following their approval by the National
Parliament;
e)
f)
To prepare and negotiate treaties and agreements
and enter into, approve, accede and denounce
international agreements which do not fall under the
competence of the National Parliament or of the President
of the Republic;
g)
To define and implement the foreign policy of the
country;
h)
To ensure the representation of the Democratic
Republic of East Timor in the international relations;
i)
j)
k)
To guarantee the defence and consolidation of the
public domain and the property of the State;
l)
To lead and co-ordinate the activities of the ministries
as well as the activities of the remaining institutions
answerable to the Council of Ministers;
o)
To take actions and make all the arrangements
necessary to promote economic and social development
and to meet the needs of the Timorese people;
p)
To exercise any other competencies as provided by
the Constitution and the law.
2.
It is also incumbent upon the Government in relation
with other organs :
a)
To submit bills and draft resolutions to the National
Parliament;
b)
To propose to the President of the Republic the
declaration of war or the making of peace;
c)
To propose to the President of the Republic the
declaration of the state of siege or the state of
emergency;
d)
To propose to the President of the Republic the
submission to referendum of relevant issues of national
interest;
e)
To propose to the President of the Republic the
appointment of ambassadors, permanent representatives
and special envoys;
3.
The Government has exclusive legislative powers on
matters concerning its own organisation and functioning,
as well as on the direct and indirect management of the
State.
Section 117
(Competencies of the Council of Ministers)
d)
To approve statutes, as well as international
agreements that are not required to be submitted to the
National Parliament;
e)
To approve actions by the Government that involve
an increase or decrease in public revenues or
expenditures;
f)
To approve plans.
Section 118
(Competencies of members of the Government)
1.
a)
b)
c)
To lead and guide the general policy of the
Government and co-ordinate the activities of all Ministers,
without prejudice to the direct responsibility of each
Minister for his or her respective governmental
department.
d)
To keep the President of the Republic informed on
matters of domestic and foreign policy of the Government;
e)
To perform other duties conferred by the Constitution
and the law.
2.
a)
To implement the policy defined for their respective
Ministries;
b)
To ensure relations between the Government and the
other organs of the State in the area of responsibility of
their respective Ministries.
3. Government statutes shall be signed by the Prime
Minister and the Ministers in charge of the respective
subject matter.
TITLE V
COURTS
CHAPTER I
COURTS AND THE JUDICIARY
Section 119
(Jurisdiction)
1.
Courts are organs of sovereignty with competencies
to administer justice in the name of the people.
2.
In performing their functions, the courts shall be
entitled to the assistance of other authorities.
3.
Court decisions shall be binding and shall prevail over
the decisions of any other authority.
Section 120
(Independence)
Courts are independent and subject only to the
Constitution and the law.
Section 121
Review of unconstitutionality
The courts shall not apply rules that contravene the
a)
In sections, like a court of first instance, in the cases
provided for in the law;
b)
In plenary, like a court of second and single instance,
in the cases expressly provided for in the law;
2. The Supreme Court of Justice shall consist of career
judges, magistrates of the Public Prosecution or jurists of
recognised merit in number to be established by law, as
follows:
a)
b)
And all the others designated by the Superior Council
for the Judiciary.
Section 127
(Electoral and Constitutional Competence)
1.
It is incumbent upon the Supreme Court of Justice, on
legal and constitutional matters:
a)
To review and declare the unconstitutionality and
illegality of normative and legislative acts by the organs of
the State;
b)
To provide an anticipatory verification of the legality
and constitutionality of the statutes and referenda;
c)
d)
To rule, as a venue of appeal, on the suppression of
norms considered unconstitutional by the courts of
instance;
e)
To verify the legality regarding the establishment of
political parties and their coalitions and order their
registration or dissolution, in accordance with the
Constitution and the law;
f)
To exercise all other competencies provided for by
the Constitution or the law.
2.
It is incumbent upon the Supreme Court of Justice, in
the specific field of elections:
a)
To verify the legal requirements for candidates for the
office of President of the Republic;
b)
To certify at last instance the regularity and validity
of the acts of the electoral process, in accordance with the
respective law;
c)
To validate and proclaim the results of the electoral
process;
Section 128
(Eligibility)
1.
b)
c)
d)
One elected by the judges of the courts of law from
among their peers;
3.
The law shall regulate the competence, organisation
and functioning of the Superior Council for the Judiciary.
Section 130
(High Administrative, Tax and Audit Court)
1.
The High Administrative, Tax and Audit Court is the
highest body in the hierarchy of the administrative, tax
and audit courts, without prejudice to the competence of
the Supreme Court of Justice.
2.
The President of the High Administrative, Tax and
Audit Court is elected from among and by respective
b)
c)
d)
One elected by the magistrates of the Public
Prosecution from among their peers.
3. The law shall regulate the competence, organisation
and functioning of the Superior Council for the Public
Prosecution.
CHAPTER III
LAWYERS
Section 136
(Lawyers)
1.
Legal and judicial aid is of social interest, and lawyers
and defenders shall be governed by this principle.
2.
The primary role of lawyers and defenders is to
contribute to the good administration of justice and the
safeguard of the rights and legitimate interests of the
citizens.
3.
Section 137
(Guarantees in the activity of lawyers)
1.
The State shall, in accordance with the law,
guarantee the inviolability of documents related to legal
proceedings. No search, seizure, listing or other judicial
measures shall be permitted without the presence of the
competent magistrate and, whenever possible, of the
lawyer concerned.
2.
Lawyers have the right to contact their clients
personally with guarantees of confidentiality, especially
where the clients are under detention or arrest in military
or civil prison centres.
TITLE VI
PUBLIC ADMINISTRATION
Section 138
(Public Administration general principles)
1.
Public Administration shall aim at meeting public
interest, in the respect for the legitimate rights and
interests of citizens and constitutional institutions.
2.
The Public Administration shall be structured to
prevent excessive bureaucracy, provide more accessible
services to the people and ensure the contribution of
individuals interested in its efficient management.
3.
The law shall establish the rights and guarantees of
the citizens, namely against acts likely to affect their
legitimate rights and interests.
PART IV
ECONOMIC AND FINANCIAL ORGANISATION
TITLE I
GENERAL PRINCIPLES
Section 139
(Economic organisation)
The economic organisation of East Timor shall be based on
the combination of community forms with free initiative
and business management, as well as on the co-existence
of the public sector, the private sector and the cooperative and social sector of ownership of means of
production.
Section 140
(Natural resources)
1.
The resources of the soil, the subsoil, the territorial
waters, the continental shelf and the exclusive economic
zone, which are essential to the economy, shall be owned
by the State and shall be used in a fair and equitable
manner in accordance with national interests.
2.
The conditions for the exploitation of the natural
resources referred to in item 1 above should lend
themselves to the establishment of mandatory financial
reserves, in accordance with the law.
3.
The exploitation of the natural resources shall
preserve the ecological balance and prevent destruction of
ecosystems.
Section 141
(Investments)
The State shall promote national investment and establish
conditions to attract foreign investment, taking into
consideration the national interests, in accordance with
the law.
Section 142
(Land)
Ownership, use and development of land as one of the
factors for economic production shall be regulated by law.
TITLE II
FINANCIAL AND TAX SYSTEM
Section 143
(Financial system)
The structure of the financial system shall be determined
by the law in such a way as to guarantee that savings are
encouraged and built up with security and that the
financial resources necessary for economic and social
development are provided.
Section 144
(Central Bank)
1.
The State shall establish a national central bank
jointly responsible for the definition and implementation of
the monetary and financial policy.
2.
The Central Bank functions and its relationship with
the National Parliament and the Government shall be
established by law.
3.
The Central Bank shall have exclusive competence
for issuing the national currency.
Section 145
(Tax System)
1.
The State shall establish a tax system aimed at
meeting the financial requirements of the State and the
fair distribution of national income and wealth.
2.
Taxes shall be established by law, which shall
determine the incidence, tax benefits and the guarantees
of taxpayers.
Section 146
(State Budget)
1.
The State Budget shall be prepared by the
Government and approved by the National Parliament.
2.
The Budget law shall provide, based on efficiency and
effectiveness, a breakdown of the revenues and
expenditures of the State, as well as preclude the
existence of secret appropriations and funds.
3.
The execution of the Budget shall be monitored by
the High Administrative, Tax and Audit Court and by the
National Parliament.
PART V
NATIONAL DEFENCE AND SECURITY
Section 147
(Defence Force)
1.
The East Timor defence force, FALINTIL-ETDF,
composed exclusively by national citizens, has the
responsibility of providing military defence for the
Democratic Republic of East Timor and shall have a single
system of organisation for the whole national territory.
2.
FALINTIL-ETDF shall guarantee national
independence, territorial integrity and the freedom and
security of the populations against any aggression or
external threat, in respect for the constitutional order.
3.
FALINTIL-ETDF shall be non-partisan and shall owe
obedience to the competent organs of sovereignty in
accordance with the Constitution and the laws, and shall
not intervene in political matters.
Section 148
(Police and security forces)
1.
The police shall defend the democratic legality and
guarantee the internal security of the citizens, and shall
be strictly non-partisan.
2.
Prevention of crime shall be undertaken with due
respect for human rights.
3.
The law shall determine the rules and regulations for
the police and other security forces.
Section 149
(Superior Council for Defence and Security)
1.
The Superior Council for Defence and Security is the
consultative organ of the President of the Republic on
matters relating to defence and sovereignty.
2.
The Superior Council for Defence and Security shall
be headed by the President of the Republic and shall
include civilian and military entities, the number of civilian
entities being higher than the number of military entities.
3.
The composition, organisation and functioning of the
Superior Council for Defence and Security shall be defined
by law.
PART VI
GUARANTEE AND REVISION OF THE CONSTITUTION
TITLE I
GUARANTEE OF THE CONSTITUTION
Section 150
b)
c)
The Attorney-General, based on the refusal by the
courts, in three concrete cases, to apply a statute deemed
unconstitutional;
d)
e)
f)
The Ombudsman.
Section 152
(Unconstitutionality by omission)
The President of the Republic, the Attorney-General and
the Ombudsman may request the Supreme Court of
Justice to review the unconstitutionality by omission of any
legislative measures deemed necessary to enable the
implementation of the constitutional provisions.
Section 153
(Appeals on constitutionality)
1.
The Supreme Court of Justice has jurisdiction to hear
appeals against any of the following court decisions:
a)
Decisions refusing to apply a legal rule on the
grounds of unconstitutionality;
b)
Decisions applying a legal rule the constitutionality of
which was challenged during the proceedings.
2.
An appeal under paragraph (1) (b) may be brought
only by the party who raised the question of
unconstitutionality.
3.
The regime for filing appeals shall be regulated by
law.
Section 154
(Decisions of the Supreme Court of Justice)
Decisions of the Supreme Court of Justice shall not be
appealable and shall be published in the official gazette.
They shall have a general binding effect on processes of
abstract and concrete monitoring, when dealing with
unconstitutionality.
TITLE II
CONSTITUTONAL REVISION
Section 155
(Initiative and time of revision)
1.
It is incumbent upon Members of Parliament and the
Parliamentary Groups to initiate constitutional revision.
2.
The National Parliament may revise the Constitution
after six years have elapsed since the last date on which a
law revising the Constitution was published.
3.
The period of six years for the first constitutional
review shall commence on the day the present
Constitution enters into force.
4.
The National Parliament, regardless of any
timeframe, may take on powers to revise the Constitution
by a majority of four-fifths of the Members of Parliament in
full exercise of their functions.
5.
Proposals for revision should be submitted to the
National Parliament one hundred and twenty days prior to
the date of commencement of debate.
6.
After submission of a proposal for constitutional
revision under the terms of item 5 above, any other
proposal shall be submitted within 30 days.
Section 156
(Approval and promulgation)
1.
Amendments to the Constitution shall be approved
by a majority of two-thirds of the Members of Parliament
in full exercise of their functions.
2.
The new text of the Constitution shall be published
together with the revision law.
3.
The President of the Republic shall not refuse to
promulgate a revision law.
Section 157
b)
c)
d)
e)
f)
The multi-party system and the right of democratic
opposition;
g)
The free, universal, direct, secret and regular
suffrage of the office holders of the organs of sovereignty,
as well as the system of proportional representation;
h)
i)
The principle of administrative deconcentration and
decentralisation;
j)
k)
Section 159
(Treaties, agreements and alliances)
1.
Confirmation, accession and ratification of bilateral
and multilateral conventions, treaties, agreements or
alliances that took place before the entry into force of the
present Constitution shall be decided upon by the
respective competent bodies on a case-by-case basis.
Section 160
(Working Languages)
Indonesian and English shall be working languages within
civil service side by side with official languages as long as
deemed necessary.
Section 161
(Serious Crimes)
Acts committed between the 25th of April 1974 and the
31st of December 1999 that can be considered crimes
against humanity shall be liable to criminal proceedings
with the
national or international courts.
Section 162
(Illegal appropriation of assets )
Illegal appropriation of mobile and fixed assets that took
place before the entry into force of the present
Constitution is considered crime and shall be resolved as
provided for in the Constitution and the law.
Section 163
(Reconciliation)
It is incumbent upon the Commission for Reception, Truth
and Reconciliation to discharge functions conferred to it by
UNTAET Regulation No. 2001/10.
The competencies, mandate and objectives of the
Commission shall be redefined by the Parliament
whenever necessary.
Section 164
(Transitional judicial organisation)
1.
The collective judicial instance existing in East Timor,
integrated by national and international judges with
competencies to judge serious crimes committed between
the 1st of January and the 25th of October 1999, shall
remain operational for the time deemed strictly necessary
to conclude the cases under investigation.
2.
The judicial organisation existing in East Timor on the
day the present Constitution enters into force shall remain
operational until such a time as the new judicial system is
established and starts its functions.
Section 165
(Transitional competence of the Supreme Court of Justice)
1.
After the Supreme Court of Justice starts its functions
and before the establishment of courts as laid down in
Section 129, the respective competence shall be exercised
by the Supreme Court of Justice and other courts of
justice.
2.
Until such a time as the Supreme Court of Justice is
established and starts its functions all powers conferred to
it by the Constitution shall be exercised by the highest
judicial instance of the judicial organisation existing in
East Timor.
Section 166
(Previous Law)
Laws and regulations in force in East Timor shall continue
to be applicable to all matters except to the extent that
they are inconsistent with the Constitution or the
principles contained therein.
Section 167
(Transformation of the Constitutional Assembly)
1.
The Constitutional Assembly shall be transformed
into a National Parliament with the approval of the
Constitution of the Republic.
2.
In its first term of office, the National Parliament shall
be comprised of eighty-eight members on an exceptional
basis.
Section 168
(Presidential Election of 2002)
The President Elected under UNTAET Regulation No.
2002/01 shall take on the competencies and fulfil the
mandate provide for in the Constitution.
Section 169
(Entry into force of the Constitution)
The Constitution of the Democratic Republic of East Timor
shall enter into force on the 20th of May of 2002.
THE-STORY-OF-PARLIAMENT History
of Parliament 1045 ... by the abolition of
the monarchy and the House of Lords.
Oliver Cromwell, ... supremacy of
Parliament.
https://www.parliament.uk/documents
/commons-informationoffice/Publications-2015/THE-STORYOF-PARLIAMENT-web.pdf
An Irish homeless man has died after
sleeping out in sub zero temperatures
An Irish man has died after sleeping
http://www.tcd.ie/iiis/docu
ments/discussion/pdfs/iiisd
p237.pdf
6
The interpretation of those sections [of the Irish law in
question], in accordance with the canons of construction
normally applied in Irish courts, has in the present case
yielded a result which is in conflict with Article 119 of the
Treaty as interpreted by the Court of Justice of the EC.
Where such a conflict exists, national law must yield
primacy to community law...
Seamus Henchy, a judge of the Supreme Court of Ireland,
writing in a 1977 article on the Irish Constitution and the
E.E.C., stated baldly:
Because Community law is part of domestic law, it is the
duty of the courts set up under the Constitution to
implement it; but it is the exclusive function of the
European Court to interpret and determine conclusively
the validity of the Treaties and of acts put forward as
Community law; and where there a conflict is found
between national law and Community law, it is an absolute
imperative that the Community law shall prevail.13
Irish judges have held European Community law
obligations to qualify or limit provisions of the Irish
Constitution if necessary to ensure the supremacy of
Community law. In Campus Oil Ltd v Minister for Industry
& Energy,14 the question arose whether it would be
possible to appeal to the Supreme Court, which under
Article 34 of the Irish Constitution has appellate
jurisdiction from all decisions of the High Court and other
courts, against a decision of the High Court to seek a
preliminary reference from the European Court of Justice,
using the preliminary reference procedure. The Supreme
Court held that seeking a preliminary reference was not a
decision within the meaning of Article 34, but Walsh J
added that:
However, even if the reference of questions to the Court of
Justice were a decision within the meaning of Article 34 of
the Constitution, I would hold that, by virtue of the
provision of Article 29.4.3o of the Constitution, the right to
appeal to this Court from such a decision must yield to the
primacy of Article 177 of the Treaty. That Article, as a part
of Irish law, qualifies Article 34 of the Constitution in the
matter in question.15
Irish courts have considered the compatibility of Irish law
37 [2006] 2 IR 1.
17
No provision of this Constitution invalidates laws enacted,
acts done or measures adopted by the State necessitated
by the obligations of membership of the Communities or
prevent laws enacted, acts done or measures adopted by
the Communities, or institutions thereof from having the
force of law in the State.
In the event of any conflict between E.C. law, particularly
directly effective law, and National Law, even National
Constitutional Law, the effect of Article 10 [formerly 5] and
Article 249 [formerly 189] of the E.C. Treaty is that
domestic law must give way to the E.C. Law provisions.
This is clearly established by the European Court of Justice
in a series of well known cases ...38
The most detailed studies of the relationship between Irish
law and European Community law concur that the
jurisprudence of Irish courts demonstrates that Ireland,
while facilitating legal outcomes compatible with
Community law, does not recognise a direct Community
law obligation to comply with Community law, but rather
derives that obligation from Irish legal sources.
As Diarmuid Rossa Phelan writes in his study of the
relationship of Community law and Irish law, Revolt or
Revolution:
The incompatibility of national courts relying on national
law and jurisdiction for the enforcement of a European
Community law right is one element of the state of
constitutional disobedience that exists in national law and
national courts, the other being the limits to the
recognition of European Community law in national law,
the difference between the national law perception of
European Community law and European Community laws
self perception, the possibility of unilateral denouncement
and withdrawal, and the limits on amendment to
incorporate European Community laws claims.39
Hogan and Whelan, in Ireland and the European Union,
also emphasise the exclusively national legal basis of
Community law in Irish law:
Later adherents [to the EEC] such as Ireland ...
acknowledge expressly or by implication ... many of the
incidents of the constitutional claims of the Communities
15.
50 J Temple Lang, 'Legal and Constitutional Implications
for Ireland of Adhesion to the EEC Treaty' (1972) 9
Common Market Law Review 167-178 171. For Temple
Langs consideration of this issue several prior to Irelands
accession to the EEC membership, naturally without
reference to the text of the amendment to the Irish
Constitution as actually adopted, see Temple Lang, The
Common Market and Common Law: Legal Aspects of
Foreign Investment and Economic Integration in the
European Community, with Ireland as a Prototype 55-66;
Temple Lang, 'Application of the Law of the European
Communities in the Republic of Ireland'
27
legislature to enact even a treaty which is binding on
Ireland in international law, it would be logical to say that
the legislature has power under Irish law to repeal or
amend the Act enacting the treaty in question, even where
the repeal or amendment is in breach of Irelands
international law obligations. This is the position in
England ...51
Temple Lang proposed three arguments by which Irish
legislation explicitly contrary to Community obligations
might be contrary to Irish law.
First, such legislation would be contrary to Irelands treaty
obligations and therefore barred by Art 29.3 of the Irish
Constitution (Ireland accepts the generally recognised
principles of international law ...).
Second,
If Irelands entry into the Communities was important
enough to necessitate a referendum and a special
amendment to the Constitution, and if the people
approved the amendment, it would follow that the Irish
legislature should honour the obligations of the State
under those Treaties, once undertaken. This suggests that
the legislature might not have power under the
Constitution (as amended) to act in breach of the
Treaties.52
Third, by analogy with the transfer of powers from the
United Kingdom to the legislatures of former subject
territories upon independence, Temple Lang suggested
that powers transferred jointly with other States are
also claim that the immunity was not total in relation to all
aspects of the Irish Constitution). Carolan, in a discussion
of the View of Ireland on Supremacy, agrees that Irish
law requires an Irish law basis for Community laws
effectiveness in Ireland (Thus, from the Irish perspective,
European Union law is supreme because Irish domestic
law, and in particular Irish constitutional law, has been
amended to provide for the supremacy of European Union
law. B Carolan, EU law for Irish Students (Gill & Macmillan,
Dublin 2004) 99), but locates that Irish law basis in what is
now 29.4.10 of the Irish Constitution. Carolans short
discussion contains no consideration of the more limited
immunity clause view of 29.4.10 or indeed any mention
whatsoever of the European Communities Act. McMahon
and Murphy do not consider directly the case of legislating
to amend the European Communities Act but their
approach is compatible with the view that it is the
European Communities Act, and not the Third
Amendment, which introduces Community law into the
Irish legal order: The effect of this article [Art 29.6 of the
Irish Constitution, specifying Irelands dualist approach to
international law] is, briefly, as follows: international
treaties are not part of domestic Irish law until they are
received, or brought home, by an Act of the Oireachtas. A
separate reception process is necessary before treaties
create national, as opposed to international, obligations.
Thus Ireland, like England, subscribed to the dualist view
in relation to this matter. It could be argued that the Third
Amendment to the Constitution, mentioned above, might
have overridden this requirement in relation to Community
matters, but it was felt that a statute clearly complying
with the requirements of Article 29.6 would be a more
desirable method of dealing with the problem in order to
dispel any doubts on the matter. ... Provisions of the
Treaties establishing the European Communities and acts
of the Community institutions which are considered to be
directly applicable by the European Court have full legal
effect in Ireland by virtue of the European Communities
Act, 1972, and require no specific legislative response to
achieve this effect. BME McMahon and F Murphy,
European Community Law in Ireland (Butterworth
(Ireland), Dublin 1989) 272, 276; Similarly, BME McMahon,
Parliament Acts 1911 and 1949, and by authority of the same . . .. No statutes have been passed under
the provisions of the Parliament Acts 1911-1949
http://www.francisbennion.
com/pdfs/nonfb/1969/1969-001-nfb-isthe-parliament-act-ultravires.pdf
Terms of Reference set for independent
investigator to review allegations made in
connection with Banking Inquiry
investigation
In the context of an agreed Ireland, the GAA would consider curbing the
widespread use of the Irish flag and national anthem. Photograph: Cathal
Changing world
Simon Coveney
I understand Coveney anticipates that what is most likely
to emerge is a system of charges whereby a generous
allowance per person will apply, with usage above that
allowance having to be paid for.
The allowance would be determined by the United Nations
figures of what western adults and children require each
day in terms of water usage.
It is believed that waivers would apply to the vulnerable,
the elderly and the sick.
Bottom line, the system proposed will have to be
sufficiently different from what went before to allow Fianna
Fil to be able to claim they killed off charges as we knew
them.
While this is the expectation, delivering this is a whole
other matter. Given this will be the fourth fresh start for
water charges and Irish Water, its success is by no means
guaranteed.
Firstly, there is no guarantee this will wash with Fianna
Fil, as it has yet to demonstrate that it fully knows what
Michel Martin
Barry Cowens belated openness to a return of charges, as
shown by his interview with Mary Wilson on RT earlier
this week, was illustrative of the divergence of opinion.
In light of the Confidence and Supply deal between Fine
Gael and Fianna Fil, which is underpinning the minority
Coalition, Coveney and Cowen will be in very regular
contact in the coming weeks and months to ensure
agreement can be reached.
But, it will ultimately be for Martin and Enda Kenny to
decide the final shape of a new water charges regime, and
that could prove problematic.
We know that the sides came very close to agreeing a
settlement on charges during the talks which led to the
governments formation, only for Fianna Fil to back away
from the deal, opting instead for the commission option
and the nine-month suspension.
Looking ahead, Fine Gael and Fianna Fil will have a
majority between them on this new 20-man Oireachtas
Committee, which will consider the Water Commissions
report.
Should they agree, then whatever emerges as the new
arrangement will ultimately become the law of the land.
The selection of Independent Senator Pdraig Cidigh,
who was a Fianna Fil pick to be a Taoiseachs nominee to
the Seanad, was a clear example of how the two parties
can work together.
Taoiseach Enda Kenny confirmed how Cidigh came to
be selected as chair in the Dil, in response to Sinn Fin
president, Gerry Adams.
Enda Kenny
As this was a deliberative process between the two
parties and part of the Confidence and Supply
arrangement..., it is obviously necessary to have
somebody who is competent, objective and capable of
chairing deliberations, on a complex issue such as this, as
chairman of the Oireachtas committee, he said.
An Seanadir Cidigh is an outstanding person, a
businessman who is used to seeing clearly through
complex issues and making decisions. I am sure he will
fulfil his remit in this regard in a very clear, objective and
fulfilling way. In that sense, the minister and his opposite
number in the Fianna Fil party discussed who would be
appropriate to chair the committee, Kenny told Adams.
The opposition cried foul. On Thursday, the Dil was
Follow
Juno McEnroe
Water report recommends funding for normal usage
should come from taxation. Method must be decided
though. Exemptions proposed.
4:55 PM - 29 Nov 2016
2 2 Retweets1 1 like
The report also states that through directly billing the
Exchequer for the cost of the agreed allowance for normal
domestic and personal use, funds for covering the costs of
water production and for further investment in
infrastructure will be provided.
Additional mechanisms should be considered to ensure
that the necessary finance is guaranteed, he added.
In respect of metering, if it is decided to proceed with the
metering programme, consideration should be given to an
approach that is more aligned with the proposals in this
report, with a focus on metering of buildings in the case of
multi-occupancy or metering of households on request.
The report states that Irish Water should complete a
comprehensive programme of district metering to identify
system-wide leakage and manage the network. The Expert
Commission has recommended that Irish Water renew its
efforts to develop a positive engagement with consumers
and put in place further initiatives to engage consumers in
a positive and proactive way at the national, regional, and
local level.
Irish Water should also commit to the provision of
extensive open-access data, for research purposes and so
that consumers can easily monitor and manage
consumption.
The report states that Irish Water can play a key role in
this regard not only through educational and information
campaigns but also through providing advice and access
to water conserving devices.
Further measures should also be considered, such as a
requirement that new domestic buildings incorporate
water conserving fittings and an extension of the Building
Energy Rating (BER) Scheme to incorporate water
conservation, it adds.
The Expert Commission recommended that this be
reviewed when the allowances for consumers on public
supplies are determined and that equity for group
schemes and private wells be maintained through
additional subsidy or other means.
The necessary measures should be put in place to give
Etain Kett
Secretariat
Irish Expert Body on Fluorides and Health
RESPONSE FROM MEDICAL RESEARCH
BOARD
"Dear Mr Smith
My name is Marie Sutton. I work with the
Health Research Board and I am one of the
authors who participated in producing the
evidence review on Health Effects of Water
Fluoridation.
Thank you for your email (sent 28th
September) with your enquiry regarding
hydrofluorisilicic acid and its safety when it
is added to water for the purpose of
community water fluoridation especially in
relation to babies who are bottle fed.
This topic was not covered in our review as it
was outside the remit of the question posed
by the Department of Health who requested
the review. However we will search for some
evidence-based and reliable information for
you on this subject which will hopefully
address this question and help with your
enquiry.
Again thank you for contacting us and we
will be in touch in the near future.
Marie Sutton"
THE FIRST IS THE USUAL YOU EXPECT...
BUT THE LATTER SHOWS THEY HAVE
NOT STUDIED THE SAFETY ASPECTS
THOROUGHLY AND WILL BE HELD IN
NEGLIGENCE IF THEY DON'T ACT...
QUICK.
X
X
X
http://www.constituency
commission.ie/docs/Cons
tituency-Commission-Public-Notice.pdf
http://www.irishstatuteb
ook.ie/eli/2013/act/7/en
acted/en/pdf
Back in 2009, Mayor Ted Clugston was actively opposing
the policy, which pledges to give any person who spends
1
Households will no longer face water charges and will have to pay
bills only if they use the resource in a "wasteful" manner. Stock
Image
http://www.independent.ie/irishnews/new-water-tax-to-replace-hated-bills35252950.html
1
Households will no longer face the burden of water charges and
will only have to pay bills if they engage in 'wasteful usage'.
1
Sinn Fin leader Gerry Adams. Photo: Steve Humphreys
1
Michel Martin Photo: Colin O'Riordan
suspension of charges.
Mr Martin also rejected suggestions that he had fuelled
confusion surrounding his party's stance on the issue - a
view held privately by many of his own TDs.
But the decision to predict, just days before the
commission produces its report, that charges will not
return will open Mr Martin up to criticism.
"We said before the election we were against water
charges. We didn't want water charges. We wanted to
abolish water charges," the Cork South Central TD said.
"We got them suspended. I don't think they are coming
back, that's my honest position. I don't think this
particular regime is coming back. I don't think it's coming
back, no," he added.
The report itself is due to be examined by a 20-member
Oireachtas committee - one of the largest committees in
the history of the State.
It is expected that the chairperson of the committee, which
will sit for around three months, will be a non-party TD.
The committee will be made up of five Government TDs,
four Fianna Fil TDs, two Sinn Fin TDs, and five
members of smaller parties or Independents.
Members of the commission are due to be paid 3,000
each, while chairman Kevin Duffy is being paid 7,500.
Mr Duffy is also the chairman of the Public Sector Pay
Commission.
The composition of the committee has been the subject of
tensions in recent days.
Fine Gael is strongly of the view that a charging regime
should return. Fianna Fil, however, has taken the
opposite opinion. According to Fianna Fil's submission to
the commission, a tax credit should be considered to
compensate those who have paid their bills.
Mr Martin warned that a decision will have to be taken as
to whether a better approach would be to pursue those
who have not paid their bills.
"My view is that when the law of the land is passed, we
have an obligation to obey the law of the land," he said.
1
Thousands of small and medium-sized businesses face hikes in
their water bills. (Stock photo)
1
Fianna Fil leader Michel Martin. Picture: Arthur Carron
1
The EU Environment Commissioner Karmenu Vella
http://www.independent.ie/irish-news/water/eu-water-charges-mustreturn-even-after-review-35113696.html
dublin_wastewater EX POST EVALUATION OF INVESTMENT PROJECTS COFINANCED BY THE EUROPEAN REGIONAL DEVELOPMENT FUND (ERDF) OR
COHESION FUND (CF) IN THE PERIOD 1994-1999 DUBLIN WASTE WATER
TREATMENT
http://ec.europa.eu/regional_policy/sources/docgener/evaluation/pdf/projects/dublin_
wastewater.pdf
November 29, 16
It's very easy to understand really, we underinvest in water infrastructure, or the health
service, as examples, so that we can allow
companies such as Apple, Google, Starbucks,
Cerberus and Kelloggs, to pay SFA in taxes. We
also get the "squeezed middle" to hand over nearly
half their wages in taxes which are used to fund
the multiple pensions of former politicians, the
high wages and allowances of current politicians
and to repay the bankers tax. The more money the
"squeezed middle" hand over, the more money is
put aside for pay restoration , enquiries and
committees. There is no money left for investment
in water or houses or health but the taxpayers are
asking themselves why the hell we should
continue paying out while others benefit so I, for
one, refuse to pay again for something I already
pay for.
The end
http://www.europarl.europa.eu/meetdocs/2009_
2014/documents/envi/pr/892/892948/892948en.
pdf
http://www.engineersirelandcork.ie/downloads/8
.%20Katherine%20Walshe%2020-3-13.pdf
Irish Water: Phase 1 Report ... organisational form for
water services delivery in Ireland, ... which will absorb
the National Pension Reserve Commission.
http://www.housing.gov.ie/sites/default/files/mig
rated-
files/en/Publications/Environment/Water/FileDo
wnLoad,29194,en.pdf
Report reveals
Irish Water
consultancy
overspend
Updated / Jan. 12, 2014
plans. CER can then either approve the water charges plan
(with or without modification) or reject it.
Funding was provided to Irish Water from a number of
central government sources during 2014, and some
payments are expected to continue for a number of years.
Because of the significant changes in funding and
accounting involved, this report was compiled to provide
an overview of that funding, and of the controls being
applied.
132 Report on the Accounts of the Public Services 2014
Transfer of Assets and Liabilities
11.7 The Water Services (No. 2) Act 2013 provided for the
transfer of assets and liabilities of local authorities to Irish
Water on date(s) specified by the Minister for the
Environment, Community and Local Government. The
Minister has made a number of orders in relation to the
transfers. From 2014, the capital commitments previously
funded by the Department of the Environment,
Community and Local Government under the Water
Services Investment Programme became the responsibility
of Irish Water.
Value of Infrastructure
11.8 To date, Ministerial Orders have transferred all
underground assets and 634 treatment plants. The
process of identification and transfer of assets is
continuing.
11.9 The physical water-related assets in local authority
accounts at the end of 2013 had a net book value of 11.4
billion. This included some surface water drainage assets
(road drains) which are not transferring to Irish Water.
Local authorities are required to submit annual financial
statements to the Department of the Environment,
Community and Local Government by 31 March of the
year following the year of account. The Department was
asked to provide information in relation to the net book
value of each local authoritys water services assets at the
end of 2014 from these financial statements or, from
audited financial statements, if available. The Department
was not in a position to provide this information. Annex A
sets out details of the net book value of each local
authoritys water services assets at the end of 2013. The
residual amounts at the end of 2014 are shown for those
CERdecisionsprescribetheelementsonwhichIrishWatersreg
ulatedrevenues are based. Those revenues determine the
profitability of the Irish Water business. As the value of
Irish Waters assets is derived from expected economic
returns in the future, this regulatory regime is critical to
valuing the transferred assets.
Thevalueattributedtoopeningproperty,plantandequipmenti
sbasedonthe future return provided for in the regulatory
regime - which consists mostly of liabilities linked to the
opening assets assumed by Irish Water, for which the
regulator has allowed a future return.
1 SI No. 112 of 2015
2 The Minister for the Environment, Community and Local
Government, the Minister for Communications, Energy and
Natural Resources, the Minister for Finance and the
Minister for Public Expenditure and Reform.
Financial Assets
11.11 Financial assets to be transferred to Irish Water
mainly comprise unallocated development levies collected
by local authorities. The Water Services (No. 2) Act 2013
provides for development levies received by local
authorities for the purpose of investment in water services
to be transferred to Irish Water. A Ministerial Order
provided for the transfer from the local authorities to Irish
Water of development levies received or due to be
received.1 Due diligence work is underway to determine
centralgovernmentgrants(intheformofanoperatingsubventi
on),capital
contributions and loans
receiptsfromdomesticandnon-domesticcustomers
commercialborrowings.
11.17 The Water Services (No.2) Act 2013 provides that
the Minister for the Environment, Community and Local
Government may make grants to Irish Water from moneys
provided by the Oireachtas and that the Minister for
Finance may make advances to Irish Water from the
Central Fund, subject to such conditions as may be
determined. The Act also provides that Irish Water may
borrow up to 2 billion subject to the approval of relevant
Ministers.2
11.18 In 2013 and 2014, Irish Water received a total of
58
184
399
663
246
58
Total 251 950
645
721
1 General purpose grants were replaced by local
property tax allocations in 2015.
2 Section 6 (2CA) of the Local Government Reform Act
our country?
To be completely frank, it was the Greeks who showed interest
in me. Perhaps some people saw that I worked as a risk
manager, that my job was effectively to count the money held
by a bank. [These people] approached me because they did
not know anybody else who might publicly declare that this
was his job. In June 2011 somebody offered to translate my
blog into Greek, and since then I have had many contacts with
Greeks from all walks of life, concerned citizens and
academics.
Can you please tell us in simple words what a risk managers
job is?
I will give you a simple image here. If the bank were a car,
then the risk manager would be the driver, and the Central
Bank would be the road police. A cars driver is not supposed
to drive beyond the speed limit. If the speed limit is 100
kilometres per hour, and the driver goes at 120 kilometres per
hour, then he risks a fine. Similarly, a banks risk manager is
responsible for keeping minimum liquidity. In other words, he
must ensure that some amounts of money come in deposits
for example, and other amounts of money go out in the form
of loans or other banking products. In every country, the
Central Bank defines the minimum liquidity that banks must
always keep. In Irelands case, this minimum was 90 per cent.
If a bank were to go under this [minimum] limit, then the bank
is to be fined by law. In addition, the risk manager and the
managing director could be sentenced to five years in prison.
When did you discover Unicredit Bank Irelands liquidity
problem?
In the first weeks that I was employed at the bank I already
saw a chaotic situation. Some days we operated within the
law, while on other days we went entirely off limits. Initially, the
managing director and other managers ignored my concerns.
They mentioned technical problems in our information
systems and that there was not a real problem with our
liquidity. They claimed that because I was new in the job, I
could not understand these problems. On the days that we
were off limits, we explained in our daily report that this had
happened because of technical problems, and of course we
never informed the Regulator, as we should have done. After
The EBA was established on 1 January 2011 as part of the European System
of Financial Supervision (ESFS) and took over all existing responsibilities and
tasks of the Committee of European Banking Supervisors.
Follow
Jonathan Sugarman
Care to comment ? ?
wrote THE book abt t collps of
Nice one Ian. Given what I have been told by some
of the great and the good based in Dublin there
are no surprises here. Regulations were routinely
ignored in the relentless pursuit of money. Some
of the wide-boy property developers got their
fingers burnt but the real culprits are unscathed
Expert commission
says most should
Background .........................................................................
.......................................... 6
3. Public
Consultation.........................................................................
............................. 18
4. Discussion and
Analysis ...............................................................................
................ 22
5.
Recommendations ...............................................................
....................................... 31
6.
Conclusions .........................................................................
........................................ 41
Works
Cited ....................................................................................
.................................... 42
Appendix..............................................................................
............................................... 45
A1. 2014 Policy
Direction...............................................................................
.................. 45 A2. September 2014 Water Charges
Plan ........................................................................ 46 A3.
November 2014 Revised Water Charges
Plan ............................................................ 48 A4. Sources
of Potable
Water ...................................................................................
....... 49 A5. Irish Water Treatment
Plants ..................................................................................
.. 50 A6. Leakage Comparisons Ireland and the
UK ............................................................... 51 A7. EPA
Remedial Action List Sites and Priority Areas for Waster
Water Enforcement .... 52 A8. Consumption Data from Irish
Water Consumption Research Project ......................... 53
A9. Comparison of European Tariff
Systems .................................................................... 54
A10. Combined Volumetric Charges for Non-Domestic
Customers .................................. 56 A11. Financing of
Water Infrastructure Costs in Various
Countries .................................. 57 A12. List of
Consultations ......................................................................
.......................... 58 A13. Drivers of Household
Consumption in
Ireland ......................................................... 60 A14. Letter
from European Commission Directorate General
Environment .................. 61
Summary of Recommendations
The detailed recommendations of the Expert Commission
are set out in Chapter 5 of this report. The principal
recommendations can be summarised as follows:
Public Ownership
As part of the overall approach to settling the issues
addressed in this report, the Expert Commission
recommends that the adoption of a suitable constitutional
provision on public ownership of water services be more
fully addressed by the Special Oireachtas Committee, as
part of its deliberations.
Funding Domestic Water and Wastewater Services
The funding of water services for normal domestic and
personal use should be out of taxation. The question of
whether there should be a dedicated tax, a broadly-based
fiscal instrument, or an adjustment to existing taxes to
fund this requirement would be a matter of budgetary
policy.
Special provision should be made for those with special
medical or other needs.
The volume of water necessary to meet the normal
domestic and personal needs of
citizens should be independently assessed through an
open and transparent process.
Under the proposed arrangement, the national water
utility will provide sufficient water to all citizens to cover
their domestic and personal needs, and the cost of that
water will be recovered from the State, which will be a
customer of the utility, based on tariffs approved by CER
following consultation. What is proposed does not
therefore amount to the provision of a free allowance of
water.
Excessive or wasteful use of water should be paid for
directly by the user at tariffs determined by CER.
Excessive or wasteful use of water will be discouraged by
charging for such use and therefore is consistent with the
polluter pays principle.
Funding Operations, Maintenance and Investment
provided in Appendix 8.
2.3.5 Irish Water presented consumption data to the
Expert Commission based on metered consumption to
date, which indicated that domestic consumption is
relatively low in Ireland with average consumption of 123
litres per capita (compared, for example, to 140 litres per
capita in the UK). This metered data also indicated that
7% of households are using six times more water than the
average household, although Irish Water indicated this
level of consumption is likely to decline as customer-side
leaks are fixed.
2.3.6 While comparison of domestic consumption with
other European countries is difficult due to differing
methods of measurement and because the data can be
out of date, this most recent consumption data suggests
that Ireland is at the lower end of the spectrum of EU
countries with regard to domestic consumption.
Water Conservation
2.3.7 In terms of conserving scarce water resources,
charging for water has been proposed as an effective
method for promoting conservation among users. The
extent to which demand for water is responsive to price
has been discussed in many research reports. The overall
conclusion is that demand responds to price in
combination with other policy signals, such as education,
information, etc.
10
2.3.8 In Ireland, the reduced domestic consumption due to
charges was originally projected to be 6%, but Irish Water
subsequently indicated that this estimate would have to
be modified downwards in the light of the introduction of a
cap on charges.
2.3.9 Many independent reviews and reports have referred
to the value and significance of education and promoting
water conservation measures. The Joint Oireachtas
Committee that reviewed water provision in Ireland (2011)
recommended that a grant scheme should be established
to incentivise water conservation (2011:10). While it can
be debated whether public money should be spent to
subsidise water saving devices, active promotion of water
conservation devices (e.g. low-flow showers or rainwater
harvesting systems) should be encouraged.
local services, and this was also the case with water up to
the transfer of responsibility for water to Irish Water and
the introduction of usage-based charges. This is relevant
in the context of efforts to introduce user charges for
services that have traditionally been funded from central
exchequer funds, as is the case with water.
4.3 Policy and Legislative Environment
4.3.1 Section 2(1) of the Water Services Act 2014
provides:
(a)
A bill providing or allowing for the alienation of any
share or shares in Irish Water to
a person other than a Minister of the Government shall
not be initiated by or on
behalf of a Minister of the Government in either House of
the Oireachtas unless
A Resolution of each such House is passed approving a
proposal to provide or
allow for such alienation,
24
(c)
4.3.2
(b)
A proposal to provide or allow for such alienation is
submitted by Plebiscite
for the decision of the People, and
A majority of votes cast in such Plebiscite shall have been
cast in favour of
the proposal.
There was no evidence available to the Expert
Commission that any party is in favour
of privatisation of Irish Water now or in the future.
However, in the course of our
deliberations, including through the process of
consultation, it also became clear to
the Expert Commission that the issue of Irish Water
staying in public ownership
remains critical for many stakeholders and that the
aforementioned provision in the
Water Services Act was not sufficient to allay concerns
about possible future
privatisation. It is also clear that this issue has
35
State is obliged to meet its obligations under European
law, as underpinned by the various directives on water
and wastewater.
5.3.4 The Expert Commission also recognises that a
comprehensive and standardised model for charging
commercial users still has to be put in place. Once this is
achieved, the revenue stream available to Irish Water from
this source will become clear.
5.3.5 There will be a need for ongoing borrowing to fund
infrastructural development. When available, the NewEra
report on investment options will provide greater clarity on
the most advantageous approach to borrowing for such
infrastructural development and the optimal sources of
borrowing. However, given our earlier recommendation to
guarantee Irish Water in public ownership and the
proposed funding model, the Expert Commission is of the
opinion that the Irish Government, Irish Water, and its
parent company Ervia may need to fundamentally reassess the funding model for investment, since a number
of the assumptions that were originally made (e.g. Irish
Water would be treated off the General Government
Balance Sheet) are no longer valid.
5.4 Metering
5.4.1 An extensive programme of metering has already
been undertaken. It is estimated by Irish Water that
873,000 households have now had meters installed out of
a target of 1.4 million households. While the installation of
meters was primarily intended to facilitate billing, they
have proved to be highly effective in detecting leakages in
the water system and a means of collecting valuable data
concerning patterns of water usage. The question of
whether, in light of the recommendation in this report, the
metering programme should be continued is one of policy
and is outside the scope of the Expert Commissions terms
of reference. If it is decided that the metering programme
should proceed, consideration should be given to an
approach that is more in keeping with the recommended
scheme with a focus metering of buildings in the case of
multi occupancy or metering of households on request.
Irish Water should complete a comprehensive programme
of district metering to identify system-wide leakage and
infrastructural deficit.
41
Works Cited
Boyle, R. (2012, December). Using fees and charges: Cost
recovery in local government. Institute of Public
Administration (IPA).
CER. (2014). Key findings: Water Consumption Research
Project. Memorandum to CER from Irish Water.
Commission on Energy Regulation (CER).
CER. (2016). Quarter 4 2015 Consumption Monitoring
Report. Information Note to CER from Irish Water.
Commission for Energy Regulation (CER).
Convention for the Protection of Human Rights and
Fundamental Freedoms. Council of Europe (Rome,
4.XI.1950); in force, 3 September 1953 ETS No.005.
Convention on the Elimination of All Forms of
Discrimination against Women, 18 December 1979, in
force 3 September 1981. United Nations Treaty Series, vol.
1249, 13.
Convention on the Protection and Use of Transboundary
Watercourses and International Lakes (Helsinki
Convention), 17 March 1992, in force 6 Oct 1996. United
Nations Treaty Series, vol. 1936, 269.
Convention on the Rights of the Child, 20 November 1989,
in force 2 September 1990. United Nations Treaty Series,
vol. 1577, 3.
Council of Europe. (2001). Council of Europe Committee of
Ministers Recommendation (2001)14 of the Committee of
Ministers to member states on the European Charter on
Water Resources. Retrieved from
https://wcd.coe.int/ViewDoc.jsp?id=231615
Engineers Ireland and The Irish Academy of Engineers.
(2011). Water: Delivering Ireland's water services for the
21st century. Engineers Ireland and The Irish Academy of
Engineers.
EPA. (2014). Drinking Water Report. Environmental
Protection Agency (EPA).
European Commission. (2000). Communication from the
Commission to the Council, the European Parliament and
the Economic and Social Committee - Pricing policies for
enhancing the sustainability of water resources
COM/2000/0477 final. Retrieved from http://eur-
lex.europa.eu/legal-content/EN/ALL/?
uri=celex:52000DC0477
European Commission. (2014). Communication from the
Commission on the European Citizen's Initiative "Water
and sanitation are a human right! Water is a public good,
not a commodity!" COM (2014) 177 final.
42
Indecon International Economic Consultants and the
Institute of Local Government Studies at University of
Birmingham. (2005). Indecon Review of Local Government
Financing, Commissioned by the Minister for the
Environment, Heritage and Local Government.
Inter-Departmental Working Group. (2013, December).
Report of the Inter-Departmental Working Group on
affordability measures.
International Covenant on Economic, Social, and Cultural
Rights, 16 December 1966, in force 3 January 1976. (n.d.).
United Nations Treaty Series, vol. 993, 3.
Irish Water. (2014). Domestic Tariff Design Principles and
Proposal. Irish Water submission to the CER.
Irish Water. (2014). Irish Water Charges Plan: Supporting
Information. Irish Water Submission to the CER.
Irish Water. (2015). Irish Water business plan: Transforming
water services in Ireland to 2021. Ervia.
Joint Committee on Environment, Transport, Culture and
the Gaeltacht. (2012, June). Report on Water Provision.
Houses of the Oireachtas.
Morris, D., Chyzheuskaya, A., O'Donovan, D.,
Raghavendra, S., Predergast, M., & Cormican, M. (2007).
Economic assessment of the waterborne outbreak of
Cryptosporidium hominis in Galway. EPA Research Report.
Environmental Protection Agency (EPA).
OECD. (2010). Pricing water resources and water and
sanitation services. OECD Publishing. OECD. (2012). A
framework for financing water resource management.
OECD Studies on
Water. OECD Publishing.
PWC. (2011). Irish Water Phase 1 Report. Price Waterhouse
Coopers (PWC).
UN. (2012). The United Nations Conference on
Environment and Development (Rio+20) Outcome
Document: The Future We Want. A/CONF.216/L.1.
assessment.
The following unmetered tariffs (per year) applied:
No. of adult occupants
123456
Water charge 87.84 139.08 190.32 241.56 292.80
344.04
Wastewater Combined charge charge
87.84 $175.68 139.08 278.16 190.32 380.64
241.56 483.12 292.80 585.60 344.04 688.08
In addition:
To help customers transition from assessed charges to
metered charges, there was provision for retrospective
adjustment of charges (including a rebate) where
assessed charges were above a reasonable threshold by
comparison to the subsequent metered usage.
Domestic water charges were to be fixed until the end of
2016.
Customers with a medical condition that required
increased water consumption would have their charges
capped at the relevant assessed charge. Customers were
to self-declare their eligibility for this provision by
contacting Irish Water. Irish Water could selectively audit
an individuals circumstances, including requiring
supporting evidence to be provided by a customers
medical practitioner. In addition, Irish
46
Water would have been able to investigate instances of
high usage to determine if there was other water use (e.g.
that of a business) or leakage at the property.
Assessed charges were to be based primarily on
occupancy and possibly refined based on data from
metered usage to ensure that they were as close a proxy
for metered usage as possible (the assessed tariffs
equated to the total metered price charge on the basis of
average usage minus the free allowance).
For social reasons (to avoid disproportionate impacts on
smaller occupancy households) and environmental
reasons, no standing charge would apply to domestic
water customers.
Where water was declared unfit for human consumption
for more than 24 hours (i.e. a boil water notice or drinking
water restriction notice), a 100% discount would apply to
Brendan Kelly
Danny O'Connor
Declan O'Connor
Eamonn Grennan
Joe Dalton
59
A13. Drivers of Household Consumption in Ireland
60
A14. Letter from European Commission Directorate
General Environment
http://bdsitalia.org/images/stories/pdfs/letter-ec.pdf
RTE, shows the Government expected Irish ... The
report sets out how Irish Water ... Bord Gais criticizes
the Governments
committee.
Ms Carey told the tribunal Mr OBrien
specifically instructed there be no advertising
at the gold classic. She wrote a letter to Mr
Hogan saying: I understand Denis has
requested that there are no references made to
his contribution at the event.
The tribunal found that bank drafts used for the
Wicklow and golf classic payments were
indicative of a desire for secrecy over the
donations.
Before the golf classic, auctioneer Mark
FitzGerald, son of former Taoiseach Garret
FitzGerald, said he got a phone call from Mr
OBrien asking him to come to a meeting at
Lloyds Brasserie in Dublin.
Mr FitzGerald told the tribunal that he was
surprised that, when he arrived, Mr OBrien was
sitting with the late TD Jim Mitchell and Mr
Hogan. He has said that when he arrived he was
asked by Mr OBrien if hed heard anything
about the mobile phone licence competition,
which was then nearing conclusion.
Before he died, the late Mr Jim Mitchell told his
solicitor that he had no memory of any such
meeting.
Mr Hogan told the tribunal the meeting, as
described by Mr FitzGerald, did not take place
and if it did, he couldnt recall it. He said he had
no recollection of any meeting.
The tribunal sided with Mr FitzGeralds version
of events, finding that it was difficult in the
extreme to conceive of any reason why Mr
FitzGerald would give false evidence.
June 1, 2011: Environment Minister Phil Hogan
regulators.
January 22, 2012: Its reported that their are
divisions between the Coalition partners about
the setting up of Irish Water with senior Fine
Gael members preferring the creation of a new
company as outlined by the PwC report while
a growing number of Labour backbenchers and
senior TDs would prefer to embed the new
utility into an existing State agency, such as
Bord Gis, Bord na Mna, the ESB, or the
National Roads Authority. Its reported that the
unease in Labour is prompted by concerns
among representatives of the 3,600 staff
working in the local authority water sector. Its
reported that they feel that workers moving
from 34 city and county councils into the new
public utility would fare better if their terms and
conditions were linked with those of a state
agency. Its also reported that Phil Hogan
announced a further six-week consultancy
period.
January 24, 2012: Minister of State Fergus
ODowd tells the Joint Committee on
Environment, Transport, Culture and the
Gaeltacht that nobody will be charged for water
until the beginning of 2014. He said there will
be a, as yet undetermined, free allowance of
water for householders, and after that
householders will be charged. He also said the
Government will establish a regulator for the
water sector.
February 24, 2012: Its reported Bord Gis has bid
for the task of establishing Irish Water and
claimed it can save 120m in start-up costs.
services in Ireland.
Its reported Irish Water awarded four major
contracts without putting them out to public
competition. Irish Water used exemptions in EU
procurement rules to award contracts for
computer services to four suppliers already
working for parent company Bord Gis,
including CORE Software based in Mitchelstown
in Cork, IBM in Dublin, and two UK-based
companies, Syclo International Limited from
Surrey and ClickSoftware Europe Ltd with an
address at Burnham Bucks. The reason they
were not open to competition was because Bord
Gais said the contracts would not be delivered
on time due to the technical challenges
involved.
January 15, 2014: John Tierney tells the Public
Accounts Committee almost 300 workers at Irish
Water may get performance-based bonuses,
worth an average 7,000 each just hours after
Taoiseach Enda Kenny rules out any bonuses for
Irish Water staff. The committee also hears Irish
Water had a County Managers Group to
oversee the transition of services from local
authorities to Irish Water, and this cost 5.7m.
January 16, 2014: Mr Kenny says Irish Water will
be fully transparent and accountable to the Dil
and will be subject to the full rigours of the
Freedom of Information Act from the companys
inception. It will be a national flagship of high
quality and integrity. As leader of the
Government, I say that Uisce ireann will be wide
open in terms of transparency, accountability
and justification of expenditure. Every deputy
http://www.irishexaminer.com/ireland/homeless
-developing-frostbite-and-trench-foot432759.html
Dragon's Den businessman Barry OSullivan is selling a
home on the Aran Islands and donating the proceeds to
two homeless charities.
The sale will provide deposits to purchase at least 15
homes for families who are homeless.
Family homelessness is at record levels with over 1,200
Sen Moran
In the context of an agreed Ireland, the GAA would consider curbing the
widespread use of the Irish flag and national anthem. Photograph: Cathal
Noonan/Inpho
Changing world
European and
Canadian civil
society groups call
for rejection of
CETA
November 28, 2016
http://www.s2bnetwork.org/wpcontent/uploads/2016/11/CEO_statement_281116.
pdf
GEORGINA O'HALLORAN
Well done Wayne ! Be prepared for their dirty tricks because they
will try pull every trick in the book to get out of this one.
Why are none of the Lame Stream Media taking Simon and the rest
of Fine Gael to task over this video?
We keep hearing that Irish Water is a National Utility. It's all over the
media even today.
Well according to Simon, Irish Water is not a National Utility at all....
This video was taken back in 2009, at the launch of Simon's
brainchild, NewERA. NewERA outlined a wholesale privatisation
agenda for all the natural resources under State ownership and one
such resource was the water.
So to just let it sink in. Fine Gael had a plan to create a commercial
company from the assets of the State and is driven and run on the
basis of a commercial return and they even knew the NAME of the
company one year before the Troika had even arrived on our shores.
Oh they had a plan for our water alright but it was as a cash cow for
the wealthy banks and financiers and not for the good of the
people...
Run on the basis of a commercial return can mean only one thing....
Profits for banks and higher bills for us once the cap is lifted...
An Irish Water commercial Company Pdf doc
https://www.facebook.com/RevolutionIrela
nd/
Irish Water Programme ... 6.5.1 IWP
Commercial & SLA ... COMPANY
CONFIDENTIAL Irish Water Establishment
Costs Stage 2
https://www.cer.ie/docs/000979/CER14371
a%20%20-%20C4%20-%20Halcrow
%20Report%20-%20Irish%20Water
%20Establishment%20Costs.pdf
Lying bastard the lot of them we should have
a referendum on these Politians they should
http://www.citizensinformationboard.ie/downloads/relate/eu_supplement
_2015_08.pdf
non-payment
Minister for the Environment Alan Kelly
earlier said he does not want to see anyone
ending up in jail if they fail to pay their water
charges.
Mr Kelly was speaking on RT's Morning
Ireland a day after announcing a revised
scheme for water charges.
An assessment of the Government's revised
water charges will be carried out by the
European Commission as part of its review of
Ireland's progress after the EU IMF bailout.
The Troika has been in Dublin this week
meeting Government officials and staff from
the Central Bank and Nama.
Sources close to the commission said there
was surprise at the changes to Irish Water's
fees as officials had expected earlier plans
would be implemented.
Questions were also raised about the use of
flat charges for supplies.
Its assessment of the new regime for
charging for water will be published as a part
of its overall economic review in January.
However, the commission is understood to be
happy with Ireland's economic growth,
improvement in unemployment and falling
mortgage arrears.
It is understood the commission is confident
Ireland will meet its deficit reduction targets.
However, sources said it would have wished
to see more money spent reducing Ireland's
households.
Members of group water schemes and
owners of wells will have to register with Irish
Water to claim the grant.
The starting date for the charges is 1 January
and bills will be charged from April next year.
There will be penalties for those who do not
pay after a year or do not enter into a
payment plan.
A single-adult household will face a 30
penalty and 60 will apply to other
households.
The capped charges will be in place until 1
January 2019, with legislation to allow for
capped charges to continue after 2019.
Households with either water or sewage-only
services will pay 50% of the charges.
Those with meters who use less will get a
once-off rebate.
People now have until 2 February to register.
Landlords do not want to collect water
charges
A spokesperson for the Residential Landlords
Association has said if legislation allowing
landlords to deduct unpaid water charges
from tenants' deposits goes ahead, deposits
will have to be doubled or even trebled.
Fintan McNamara said landlords did not want
to be in the position where they were
collecting water charges.
He said there was no reason why water
charges should not be collected as other
utility bills are, where the tenant has a
Follow
Paul Murphy
9 9 Retweets13 13 likes
Source: Oireachtas.ie
https://www.youtube.com/watch?
v=SEZkNIXn5UQ
https://www.youtube.com/watch?
v=ld8jeWawYcY
Commission of the European Comunities
White Paper on the completion of the
internal market, also published on 14 June
1985
http://europa.eu/documents/comm/white_
papers/pdf/com1985_0310_f_en.pdf
The EEA Agreement and the European
Convention for the ...
http://www.ejil.org/pdfs/3/2/2044.pdf
Can Ireland Legislate Contrary to European Community
Law?
William Phelan
Department of Political Science, Trinity College Dublin
[email protected]
Abstract
This paper considers whether Ireland can unilaterally
legislate contrary to European Community law, and
achieve the application of that legislation in Irish courts
not withstanding the European Community law doctrines
of supremacy and direct effect. It argues that the
scholarship on the relationship between Irish law and
European Community law, together with decisions of Irish
courts, indicate that Ireland could legislate contrary to
European Community law by amending the European
Communities Act. More broadly, for member states of the
European Union which like Ireland derive the
application of European law in the national legal order
from national legislation, it is not so much the
'constitutional' claims of European Community law that
prevent the member states from legislating contrary to
European Community law but rather the fact that the
member states persistently refrain from legislating to limit
the effect of Community law in the national jurisdictions
which gives European Community law its 'constitutional'
character.
Can Ireland legislate contrary to European Community
law?
Can Ireland legislate contrary to European Community
law?1 More precisely, can Irish political institutions pass
statutory or constitutional legislation explicitly contrary to
European Community law and have that legislation
applied in Irish courts? European Community laws
doctrines of supremacy and direct effect claim that
national courts must apply directly effective European
Community obligations regardless of any provision of
domestic law. Are there nevertheless circumstances where
Irish courts would permit Irish political institutions to
Ireland' 350-356.
26 Even in relation to the generally recognized principles
of international law which are covered by Article 29.3, Irish
courts have held that such principles cannot be part of
Irish municipal law if they are contrary to Irish statute law
- see Casey, Constitutional Law in Ireland 193-194.
11
Do Irish courts recognise a direct Community law
obligation to apply European Community law and disapply
contrary national law?
The European Court of Justice claims that European
Community law itself determines the place of European
Community law obligations in the national legal order and
that national judges have a European Community law
obligation to apply European Community law in place of
contrary national law. According to European Community
law, this European Community law obligation on national
judges is direct and unmediated by national statutes and
constitutional provisions27. Irish judges, however, have
repeatedly disagreed with the ECJs claims about the basis
of supremacy and direct effect of European Community
law in the Irish legal order. Rather, Irish judges conceive of
the supremacy and direct effect of European Community
law in the Irish legal order as derivative of the European
Communities Act and the provisions of the Irish
Constitution which introduce European Community law
into the Irish legal order.
Barrington J, in Crotty v An Taoiseach28 in the High Court,
makes clear that Community law is effective in the Irish
legal order only because of Irish legislation in the form of
the European Communities Act:
These acts [the Third Amendment and the deposit of the
instrument of ratification] may have been sufficient to
make Ireland a member of the European Community in
international law as from 1 January 1973. ... But these acts
were not sufficient in themselves to make Ireland an
effective member of the Community. To make Ireland an
effective member as of 1 January 1973 it was necessary to
make the Treaty part of the domestic law of Ireland. To
achieve this it was necessary to pass an Act of the
Oireachtas pursuant to the provisions of Article 29.6
making the Treaty of Rome part of the domestic law of
16
perspective of the Irish courts, however, it is Irish law
which provides for directly effective Community law
obligations to be part of domestic law.
The case cited earlier in this paper, Pigs and Bacon
Commission, is also an example: The effect of [Section 2
of the European Communities Act 1972] is that
Community law takes legal effect in the Irish legal system
in the manner in which Community law itself provides.
In its own conception, of course, the manner in which
Community law itself provides rejects any derivation from
Section 2 of the European Communities Act 1972.36
A recent case in the High Court, Hugh Kearns and Irish
Bartering Services Limited v European Commission,37
shows the Irish judges step-by-step reasoning for the
application of Community law supremacy in the Irish legal
order, first from the European Communities Act enabled
by the amendments to Art 29 of the Irish Constitution and
only then from Community law itself:
The provisions of Chapter 9 of the Copyright and Related
Rights Act, 2000, which provides remedies in the domestic
jurisdiction of this Member State for Copyright
infringements, cannot in my judgment limit, exclude or
take precedence over the primary law provisions of
Articles 288 part 2 and 235 of the E.C. Treaty. By Section 2
of the European Communities Act, 1972, as amended by
the European Communities (Amendment) Acts, 1973-2003
as enabled by the several Acts amending Article 29 of the
Constitution, it is provided that:The treaties governing the European Communities...shall
be binding on the State and shall be part of the domestic
law thereof under the conditions laid down in those
treaties.
Part II of the Schedule of the Third Amendment of the
Constitution Act, 1972 provides, inter alia that:36 There are differing views as to whether the reliance by
national courts on national legislative provisions to receive
directly effective EC law into the national legal order is
itself contrary to EC law even where such national
provisions give full effect to the obligations of EC law. See,
for example, G Hogan and A Whelan, Ireland and the
European Union: Constitutional and Statutory Texts and
not suffice.
Do Irish courts recognise an Irish law obligation to apply
Community law in place of Irish legislation expressly
contrary to Community law?
If the Irish courts derive the effectiveness of European
Community law from Irish law, and there is no Irish law
obligation to apply treaty obligations in the absence
40 Hogan and Whelan, Ireland and the European Union:
Constitutional and Statutory Texts and Commentary 8-9,
11-12. Cf. R Rawlings, 'Legal Politics: The United Kingdom
and Ratification of the Treaty on European Union: Part 1'
(1994) Public Law 254-278
41 TC Hartley, The Foundations of European Community
law: and introduction to the constitutional and
administrative law of the European Community (Fifth edn,
Oxford University Press, Oxford, New York 2003) 244, 243268; P Craig and G De Brca, EU Law: Text, Cases and
Materials (Oxford University Press, Oxford, New York 2003)
315; K Alter, 'Explaining National Court Acceptance of
European Court Jurisprudence: A Critical Evaluation of
Theories of Legal Integration' in AM Slaughter, A Stone
Sweet and J Weiler (eds) The European Courts and
National Courts Doctrine and Jurisprudence: Legal Change
in its Social Context (Hart Publishing, Oxford 1998) 227252 231.
19
of Irish legislation giving execution to such treaty
obligations, is there an Irish law reason to apply
Community law if Ireland legislated to remove or restrict
the Irish law basis for the effectiveness of European
Community law obligations?
Irish courts apply Community law obligations in Ireland on
the basis of the European Communities Act in conjunction
with Article 29.4.10 of the Irish Constitution (the provision
originally introduced by the Third Amendment to the Irish
Constitution, subsequently altered by later amendments
to the Constitution consequent on the ratification of later
European treaties). As a result, there are two possible
scenarios whereby Ireland might attempt to legislate
expressly contrary to Community obligations. First, the
Oireachtas might expressly legislate contrary to
Community law obligations by explicitly amending the
47 [2005] 4 IR 552.
25
Diarmuid Rossa Phelan states:
The legislation [the European Communities Act] has the
same problems vis--vis subsequent legislation as the
European Community [sic] Act in the United Kingdom. If a
subsequent statute enacted by the democratically elected
Oireachtas specifically derogated from a European
Community rule, could this 1972 Act be invoked against it?
There is no existing doctrine to say that it could. There is
nothing in Irish law to weaken the effectiveness of a
statute saying European Community law shall not be part
of the domestic law of this state. Or European community
law shall not be part of the domestic law of this state so
far as it conflicts with fundamental rights protected by the
constitution. European Community law has a similar
status in the Irish hierarchy of norms as a statute, the
status being conferred by a statute which benefits from a
jurisdictional immunity of debated extent. European
Community law does not have a status superior to
constitutional law, rather the interaction of the 1972 Act
and Article 29.4 generally preserves its application.48
Such a statute could equally remove the effect of any
Community law obligation.
Hogan and Whelan, commenting on D.R. Phelans Revolt
or Revolution, also allow for the possibility of Irish
legislation explicitly contrary to Community law:
Phelan makes three remarks about section 2 of the
European Communities Act, 1972 ... First, this Act cannot
prevent its later repeal by another Act of the Oireachtas;
this, of course, is true (save in the extreme case that the
legislative power of the Oireachtas under Article 15 of the
Constitution is seen as being among the provisions of the
Constitution disabled from preventing Community law
having the force of law in the State), but it is in practical
terms not very important. It is implicit in the continued
autonomous subsistence of a legal order which
accommodates itself to the existence and claims of
another (rather than accepting those claims in their own
terms) that the possibility persists of abandoning that
accommodation; until that occurs, however, the
accommodation, if well conceived in the terms of the
http://www.cer.ie/docs/000904/cer03063.pdf
Blueprint Plan
CER must have overall accountability for the
programme. An element of this responsibility will be to
ensure that the progress of industry participants is
continuously monitored. No other body is in a position to
take on the end-to- end responsibility for coordinating the
implementation of the new arrangements.
Bord Gis will be responsible for managing the
implementation of enabling systems and processes and
for key implementation and operational decisions. Given
its unique position in the market and its deep
understanding of the operation of the gas network, Bord
Gis will also be responsible for putting forward proposals
for the new market arrangements to the CER.
Design Control: Because the implementation of retail
competition requires the alignment of activities across
many organisations there needs to be a common and
comprehensive understanding of the design that is being
implemented. Changes to the design also need to be
carefully and appropriately managed. In particular, if the
new arrangements are to be implemented in a cost
effective way, it is important that decisions are taken
quickly, are made binding and are not subsequently
revised. Bord Gis is best placed to undertake this role.
GMAG the GMAG will act in an advisory role as a review
group for papers submitted, including papers that set out
Bord Gis proposals for the new market arrangements.
However, this will not substitute for the views of individual
industry participants that will be established through the
consultation process.
TCOP / DCOP forum will have accountability for
converting the market rules and business processes into
commercial and contractual terms.
Critical dates
A number of key milestones will be established once the
development programme is underway. An indicative
schedule of activity suggests the following dates are
critical for delivery of the programme.
Milestone
Description
Date
Blueprint agreed
structured as follows:
Market Environment which summarises aspects of the
regulatory and wholesale arrangements that are relevant
to the further development of retail competition.
Objectives and Success Criteria which sets out the key
objectives for extending supply competition and Bord
Gis view of the criteria which will determine the success
of the implementation of retail competition.
Market Rules which considers key aspects of the design
of the retail gas market arrangements.
Responsibilities and Systems which outlines the
functions required for the new market.
Required Regulatory Framework which sets out Bord
Gis observations on the regulatory framework that will
be needed to support the arrangements.
11
Blueprint Plan
Development Programme which summarises
information on the nature and management of the future
programme of work.
Annex A provides further detail on the proposed
settlement process. Annex B provides a glossary of key
terms.
12
Blueprint Plan
2 MarketEnvironment
2.1 The legal and regulatory framework
It is expected that the legal and regulatory architecture for
the fully competitive retail market in Ireland will fit into the
following framework:
European legislation / directives. The Irish government is
committed to ensuring that the Irish market is in
compliance with relevant legislation passed by the EU. In
the energy market, this relates to liberalisation,
competition, regulation and environmental issues.
National legislation. National laws will continue to be the
primary tools through which European Directives will be
applied.
Regulatory instruments. Through regulatory instruments
(e.g. Licences), the CER and other regulatory bodies will
exercise influence over the energy market.
are:
The obligation to establish a Code of Operations. This will
cover the operational and commercial terms for access to
the gas transportation network.
Metering. Transporters will be required to provide meters
on their network, and metering data services (i.e.
collection, transfer, processing and aggregation).
Economic procurement of assets. When assets are
procured, the transportation business will require CER
consent and the licence holder will be required to do so
from the most economical sources.
Performance measurement. The gas network business
will be required to propose the criteria against which the
performance of the business should be measured.
Public service obligation. Transporters will have an
obligation to comply with obligations placed on it by the
CER (as described in more detail above).
Asset management. The gas network business will be
required to maintain a register of all assets, and the
disposal of assets is heavily regulated.
Customer service charter. The gas network business may
also be required to prepare a customer service code,
which will include quality of supply targets, connection
timescales, and procedures for the handling of complaints.
2.2 Wholesale and retail gas market 2.2.1 Overview of
current market arrangements
The Irish gas market is already substantially open to
competition. The Third Party Access (TPA) regime is
available to a number of customers who, although not a
significant number, represent 80% of annual gas usage.
However, at present small-scale residential and nondomestic customers are not able to take advantage of
competition.
The TPA sites are operated under the following market
arrangements:
Capacity - rights for access to the transmission network
are purchased on a point-to- point basis. Capacity rights
are purchased on an annual basis. Shippers are provided
with incentives to limit their overruns.
Nominations - Shippers are responsible for informing the
Transporter of the amount of gas they wish to inject into
and extract from the transmission network. This
17
Blueprint Plan
nomination states the volume of gas to be transported,
profile and the relevant entrance and export points within
the system.
Imbalances - imbalance measurement is done on a
point-to-point basis, with imbalance prices being
calculated monthly. Imbalances are currently applied in
relation to tolerance bands (i.e. if imbalance volumes
are larger than the upper tolerance band, then higher
imbalance prices are applicable).
Shrinkage - this is the responsibility of Bord Gis gas
transportation (namely the transmission and distribution
business units) business. The full cost of gas purchases to
cover shrinkage is passed-through to shippers.
Contractual regime the gas market is currently
governed by the Transmission Code of Operations (TCOP),
enacted through individual site-specific contracts known
as STAs (Standard Transportation Agreements).
Disbursements The Transporter is cash neutral
regarding overrun and imbalance price incentives, which
are applied to ensure that shippers operate within the
contractual parameters of the transportation service
arrangements.
2.2.2 Current consultation on future market arrangements
The CER is currently consulting with the Gas Market
Advisory Group (GMAG) on the most appropriate form of
the wholesale market arrangements1. These
arrangements will subsequently need to be evaluated in
terms of their suitability for the needs of full retail market
competition. In summary, the main areas under
consideration are:
Capacity. There is a discussion whether short-term
capacity services are appropriate for the Irish gas market.
Nomination process. Although this topic area has been
raised by the CER, Bord Gis understands that most
industry participants are satisfied by the way in which the
current procedures work.
Balancing. There is a discussion around the
appropriateness of the current point-to- point structure to
zonal balancing, given the increasing complexity of the
system.
Balancing period. There is a discussion around whether
the balancing period should be reduced. This is because,
under current arrangements, shippers are able to incur
balancing costs, yet rectify their own aggregate position
within the balancing period (hence not paying for the
balancing costs they incur). Note that the CER has stated
1 Consultation document on market arrangement
principles, CER, August 2002.
18
Blueprint Plan
that it will review the most appropriate length of balancing
period (possibly recommending a shorter period) if a
period of less than a day is adopted in the UK.
Shrinkage. There is a discussion on the treatment of gas
shrinkage to, with the possibility of responsibility for
shrinkage payment shifting from the transporter to
shippers. The consultation document anticipates that this
will be achieved through the forecasting and publication of
shrinkage factors by the transporter. These will then need
to be covered by shippers in their purchase of gas.
Distribution Codes of Operation (DCOP). The terms and
conditions that will apply to the DCOP.
Bord Gis recognises the importance of the current
consultation and believes that any changes should be
appropriate to the specific needs of the Irish gas market.
Bord Gis has submitted a response to the CER as part of
the industry consultation process and has representatives
on the GMAG.
2.2.3 Comparison with current proposals for full retail
competition in the Irish electricity market
The electricity market has been through a 6-month
process to establish business principles, processes and
technical specifications for metering and data services for
the fully competitive retail market. Having agreed
processes, interfaces and protocols through the Market
Review Group (MRG), ESB has awarded a tender for the
detailed design and build. However there are currently no
formal plans or timetable for full retail market competition
within the electricity market.
ESB is engaged in a project to establish the separation of
Other
74.2
'94/'95
'99/'00
There is a clear incentive on all players in the gas market
to ensure that the proposed market arrangements for
2004/5 are simple, cost effective, and operationally
efficient. Such an approach will ensure that charges can
be set at a level that increases the utilisation of the gas
transportation network which will, in turn, result in lower
per unit transportation costs for all players.
21
Blueprint Plan
3 Objectives and Success Criteria
The introduction of supply competition is one of the CERs
key aims. It seeks to achieve this by:
facilitating the entry of players into the gas market, by
ensuring access to the gas network on a transparent and
non-discriminatory basis; and
giving all customers the freedom to choose their gas
supplier in 2005.
In achieving these aims, the CER has stated its desire to
take account of the following
objectives:
Promotion of competition to promote competition in gas
supply by facilitating the entry of players into the gas
market, ensuring access to the gas network on a
transparent and non-discriminatory basis, and to
encourage the efficient operation of the gas industry.
Maintaining safety and security to ensure the
development and maintenance of a safe, secure and
reliable system for the supply of gas, which meets
appropriate performance standards and where investment
is based on appropriate commercial criteria.
Transparency of price signals to provide transparent
price signals to consumers and gas market players to
enable efficient matching of gas supply to consumer
demand.
Enabling investment to provide a framework that
encourages investment in the gas industry and secures
that there is sufficient capacity in the gas system to
below.
24
Blueprint Plan
4.2.1 Development costs
Bord Gis has strong incentives for minimising the costs of
developing the retail market arrangements. As discussed
above, the Irish gas industry is still in the expansion
phase. It has been growing steadily and is likely to
continue to grow into the future.
There is a significant threat that lower cost substitute fuel
sources, will displace future and current gas demand. This
situation is specific to the Irish gas market - other
jurisdictions that have implemented full retail competition
have not simultaneously been seeking to grow the market
for gas.
Bord Gis is committed to delivering the retail market
arrangements in a cost effective manner. However, these
costs are difficult to predict in advance with any precision.
The cost of changing systems and processes depends, in
part, on decisions about the rules that will underpin the
market. Although Bord Gis will have an input to these
decisions, they will ultimately fall to the CER.
Given these facts, Bord Gis proposes that it should be
able to recover the full, actual costs of developing and
implementing the new arrangements. In order that the
CER can assess the cost implications of different decisions,
Bord Gis will provide regular updates on forecast costs
and will undertake impact assessments for all major
changes to the proposed design for the retail market
arrangements.
4.2.2 Operating costs
The costs of operating the arrangements to support the
retail market will be a matter of ongoing regulatory review.
Bord Gis would expect the CER to encompass a review of
these costs in the periodic review of regulated prices
(tariffs). The full amount of costs actually and
appropriately incurred should be recoverable.
Where operating costs are directly linked to a desire by
suppliers or shippers to receive enhanced levels of
service, Bord Gis believes that the relevant parties
should be charged directly for these enhanced services.
By 1B+7
11
Advise of objection withdrawn
GPRO
Proposing Shipper
12
Check that Confirmation was not been withdrawn and
there is no objection
GPRO
1B + 7
13
Confirm successful registration & future registration date
Confirmation of Registration Form
GPRO
Proposing Shipper
Confirms Registration will become effective on the
requested date
R 5 working days
14
Update Gas Point Register
GPRO
Supply Point Registration Date
Registration Date R R = 1st of the month
The two processes as can be seen below:
31
Blueprint Plan
Request and Offer
Market 2002/3 under DCOP
Submit Supply Point Request
1A
Receive Supply Point Offer
1A +5
This flow diagram is intended to provide a general guide to
the change of Shipper process as set out in the Supply
Point Administration Section of the DCOP. This guide has
no legal effect and in the event of any conflict between
this guide and the provisions of the DCOP the latter shall
pervail
Receive Supply Point Offer
1B +15
Receive notification of rejection
1B
1B
N
+7
No action required
Submit Supply Point Confirmation
1A
-5
Receive notification of acceptance
1B
Receive notice confirmation is Effective
R
Prior to 1B+7 "Cancellation deadline"
Receive notification of rejection
1B
Reject or
Accept?
1A Accept
+5 1B
R=Registration Date = 1A +( 20 to 30)
Submit Supply Point Confirmation Cancellation
Receive Supplly Point Confirmation
Receive Supply Point Confirmation Cancellation
Receive Objection from Existing Shipper
Update Gas Point Register
R
Validation
Issue notification of rejection
Issue notification of acceptance
Notify Existing Shipper
Confirmation Lapses - issue notices
Y
Objection or cancellation
received? N 1B
+7
-5
Issue notice confirmation is Effective
R
Withdrawal received ?
Y
N
Confirmation becomes Effective
32
COS 5
COS 6
COS 3
COS 4
Reject
GPRO
Proposing Shipper
Existing Shipper
COS 3A
COS 2A
Reject
GPRO / Distribution Transporter
Proposing Shipper
Blueprint Plan
5.3.3 Full market opening - For Industrial & Commercial
users in 2004 and for Domestic Customers in 2005
The change of supplier process will also need to address a
number of issues that are unique to the mass market
(non-daily metered gas users). These issues are discussed
further below. In summary they are:
Customer debt
Contractual constraints
Consumption at point of transfer
Access to data
Transfer errors Customer debt
A significant problem in the transfer process occurs when
a customer is in debt to the current supplier. The key
question is: should debt be a sufficient reason to prevent a
customer from transferring to a new retailer?
In other industries, transferring between service providers
is a simple and largely unregulated process. Suppliers of a
service to a customer who are not paid usually resort to
legal action to ensure payment. The energy sector is a
special case, however:
the transfer process is regulated;
energy is regarded as an essential service;
suppliers may have their credit options limited by law
(such as limitations on the use of deposit requirements);
and
costly legal action is also an unattractive option for
suppliers, given the small profit margins earned on
domestic customers.
In principle, debt-laden customers who want to switch
suppliers may be handled in a number of ways:
1. the transfer of supplier request may, at the discretion of
the old supplier, be denied until the debt is repaid;
33
Blueprint Plan
2. the transfer may be permitted, with the debt being
reassigned to the new supplier (and the previous supplier
recompensed in some manner)4; or
3. the transfer may be permitted, but the debt not
transferred to the new supplier. In this case, it would be up
to the old supplier to pursue its claims directly with the
customer.
For the reasons listed above, Bord Gis believes that
supply businesses would be significantly disadvantaged if
customers are able to change suppliers without repaying
debt owned to their previous supplier.
Options (2) and (3) present significant practical and
commercial difficulties. Arrangements for reassigning debt
to the new supplier, (2) above, would be fraught with legal
difficulties. Permitting a transfer without reassigning debt,
(3) above, would not permit the outgoing supplier with an
adequate means to recover outstanding debt.
As a consequence, Bord Gis believes that old suppliers
should be able to object to a transfer in the event of
customer debt.
Contractual constraints
An issue that has arisen in previous energy liberalisations
is whether suppliers should be able to block transfers on
the basis that they have already agreed a contract to
supply a customer. Where contracts have a stated
duration, suppliers have frequently argued that they have
purchased energy accordingly, and would find it costly to
reverse out of the positions they have taken.
Bord Gis agrees with this view. Allowing customers to
transfer between suppliers without regard to the
commercial terms underpinning their contracts would
encourage customers to arbitrage existing contracting
arrangements (which may have been struck when gas
prices are high) with alternative terms that may be
customers.
Transfer errors
Occasionally, errors occur in the customer transfer
process. In the UK market, these have been relatively
constant at around 2% of transfers since liberalisation.
Errors have proven to be such an issue in the UK
(erroneous transfers accounted for 50% of electricity
related transfer complaints in early 20016) that an
Erroneous Transfer Customer Charter has been
introduced7.
Clearly, the best remedy for handling errors is to limit the
overall number of errors as far as is possible, through
improving the general quality of data used in the transfer
process. Data quality may be improved by a number of
methods, e.g. the use of standard formats, and central
repositories for data wherever possible.
However, even in the most efficient system, some level of
errors will occur. Processes will therefore need to be
specified to enable them to be investigated and resolved
as quickly and efficiently as possible. There are two main
ways in which transfer errors may be addressed:
Objection process - One way is for errors to be
investigated as and when they are detected (in effect,
allowing a set investigation period or time-out - in which
the transfer process is suspended while the suspected
error is investigated).
Retrospective correction - Alternatively, transfers may be
required to be completed before any error is investigated
further. If, on investigation, it transpires that an error has
occurred, then a retrospective change would then be
needed.
Data quality is a key issue, since it is fundamental to the
robustness of the market arrangements. Whenever errors
do occur, it is essential that they be addressed as quickly
as possible.
6 Energy Transfer Complaints January to March 2001.
Source: energywatch. 7 October 2001
36
Blueprint Plan
For this reason Bord Gis recommends that the objection
approach be adopted, which will allow errors detected
Resolve objection?
N
Receive notice of transfer and opening read
Receive notice of transfer & closing read
Submit Supply Point Confirmation
Receive Rejection Notice
Receive Acceptance Notice
Obtain meter reading
Receive meter reading rejection
Submit withdrawal notice
N
Meter reading valid?
Y
Withdrawal received?
N
N
Issue Acceptance Notice
Inform outgoing Supplier of confirmation
Receive objection Notice
Inform incoming Supplier of Objection
Confirmation is withdrawn
Issue notice and Inform Incoming supplier of opening read
Issue notice and Inform Outgoing supplier of closing read
5.4 Proposed Estimation and Allocation Process
Confirmation lapses
Receive Notice of confirmation for registration date D
This section, together with Annex A, sets out the proposed
estimation and allocation process envisaged for retail
competition in the Non Daily Metered Market. The
estimation and allocation process refers to the process of
allocating total metered gas demand flowing from the
transmission system to the distribution system to
individual shippers.
The section covers:
the scope of the allocation arrangements;
the method for calculating daily demand for Non Daily
Metered (NDM) sites;
the use of global vs. difference approach to allocation;
and
the reconciliation of gas allocation as new metering
information becomes available.
5.4.1 Scope of the allocation arrangements
44
Blueprint Plan
allowed revenue) it will be necessary to estimate the peak
capacity use of all customers in classes A and B.
To the extent that the approach to determining customer
peak or daily consumption will change as a result of the
implementation of new retail allocation arrangements (e.g.
as a result of the introduction of profiling), the approach
taken to estimating that consumption for tariff purposes
may need to be amended (such that it better reflects the
expected outcome of the profiling process).
5.6 Market Audit Arrangements
It is envisaged that arrangements will be established so
that shippers and suppliers can request an audit of the
calculations undertaken by Bord Gis systems by an
internationally recognised auditor.
These arrangements are likely to mirror those established
under the TCOP, where a shipper may request an audit of
certain calculations, subject to the Transporter remaining
cost neutral, and where the transporter is required to
provide access to a shippers duly appointed auditor.
In order to ensure cost effective and robust market
arrangements, the scope and confidentiality provisions,
which will underpin such audits, will need to be agreed.
45
Blueprint Plan
6 Required System Capabilities
6.1 A pragmatic approach to system capability
Bord Gis is committed to supporting the Government,
CER and industry by ensuring that the necessary
capabilities are in place to enable full retail market
competition . It is Bord Gis position that this can only be
achieved in the available time through the implementation
of logical separation of the integrated systems currently in
place. The potential costs associated with this approach
are outlined in Section 8.3 of this Blueprint.
Having secured full retail competition against a tight
deadline, Bord Gis intends to undertake a comprehensive
systems review, with the aim of possibly achieving full
physical separation of the Energy Supply systems. The
cost estimates do not cover physical separation.
Transmission Customers
Cash Processing
Open Items
Project Management
Gas Transport Management
Debt Management
Accounts Receivable
Jobs
Job Management
Contracts/ Nominations
TuoS Billing
Integrated Utility System
Network
Figure 6.1 Current Bord Gis logical applications and
data architecture
The PACS package application is being replaced by Oracle
Financials to support multiple company accounts required
in the future. The fixed assets register is also being
replaced by Oracle Financials.
6.2.2 Current Processes
The existing processes support the operation under the
current market regulations. The major or high level
processes are presented in figure 6.2 aligned with the
physical supply chain. Support services includes such
activities as financial accounting, management
accounting, human resource management and payroll,
procurement and facilities management.
48
Blueprint Plan
Imports via Interconnect
Domestic production
Gas Purchase
Gas Purchasing
Transmission
Meter Reading
Capacity Management
Nominations
Billing & Invoicing
Settlement
Scheduling
Balancing
Asset Management
Distribution
Network Operation
Asset Management
Metering
Meter Reading
Meter Asset Management
Customer Supply
Customer Management
Collections & Debt Mgt
Billing & Invoicing
Support Services
Figure 6.2 Current Bord Gis processes
6.3 Market opening drivers of systems requirements and
key assumptions
There are a number of market opening parameters that
will impact upon system and process design decisions and
where key assumptions will need to be made. These
parameters are discussed below:
Likely levels of churn and build up the level of churn in
some deregulated markets such as Germany and Australia
has been low (3-4% and less than 1%, respectively). In
Sweden the level of churn has reached 15%. In other
markets, notably the UK, churn has reached levels of 40%,
albeit after 3-4 years. The registration system will need to
be able to handle the expected volume of change of
supplier and this process drives the level of information
flows between participants. If this is a success criteria for
market opening - a design target is needed, otherwise
systems will either be oversized and cost more or
undersized and impact upon the market operation. A
design target of 10-15% is assumed.
Level of objection to customer transfer or registration
drop out rate the level of registration drop out is the total
percentage of change of supplier registrations that never
get to take supply from the new supplier. There can be a
number of reasons for this drop-out, objection by the old
supplier, change of mind by the customer, etc. In some
markets such as Germany, matching offers can be made.
Bord Gis assumption
49
Blueprint Plan
is that there will be few reasons to object to transfer and
no matching offers will be allowed.
Number of market participants (shippers/ suppliers)
systems and processes can become more complicated as
the number of participants increases. Considering the
likely market participants in Ireland, Bord Gis assumption
is that there will be a minimum of 3 and a likely maximum
of 10.
Number of meter points, growth rates (new connections)
the current number of meter points (or gas supply
points) is approximately 450,000. The gas industry has
seen very high growth rates in the past as the urban areas
have had local distribution networks installed and then
connections have been made to homes that are passed by
a gas main. This rate of growth in connections and hence
supply points is unlikely to continue. If an assumption of
6% CAGR were made for consumption and for supply
points, this would suggest that in 4 years there will be
approximately 570,000 supply points.
Degree of separation of supply business from regulated
businesses the degree to which legislation stipulates
separation between the supply business and the regulated
businesses (distribution, metering, and transmission) will
drive the type of solution (organisation, processes and
systems) that needs to be adopted. Bord Gis belief is
that logical separation solution can be adopted as a
practical solution. The case for logical separation is
explained later.
Management of the industry processes for the process
such as change of supplier, there are different models as
to how the flow and timing is enforced. For example, in the
UK gas market there is one register and message hub run
by Transco. Transco performs accreditation on new
participants. In the UK electricity market, there is one
register per original distribution area. There is an industry
participant owned and funded data exchange organisation
that runs the message transfer hub and performs
accreditation on new participants. In both these markets
the supply businesses drive the processes (via workflow
applications) and the register applies some rules to decide
on responses and changes of status based upon timings.
Business Implementation
Figure 6.3 Programme Management and
Implementation workstreams with testing
6.7.4 Data Integrity Management
Ownership and responsibility for integrity of the data held
in gas supply point register is required and it is anticipated
that this will be provide by the Gas Point Registration
Operation. Good data integrity will benefit all market
participants.
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Blueprint Plan
7 Required Regulatory Framework
7.1 Introduction
Bord Gis is committed to, and supportive of, the need to
ensure that its entire business operation is compliant with
the full legal and regulatory framework as discussed in
Section 2 of this Blueprint. The discussion below focuses
on changes that Bord Gais believes will be required to this
framework to permit the introduction of further
competition in gas supply. In particular:
Business separation
Gas Point Registration (GPR) activities
Changes to existing legal, regulatory and commercial
documentation
Retail market governance arrangements
Competition policy
7.2 Business Separation
7.2.1 Introduction
As set out in the Natural Gas Policy Framework, the CER is
committed to the expansion of competition in gas supply
and the reform of the gas industry.
A key issue in ensuring that there is no distortion to the
objective of delivering competition, is the extent to which
business activities are ring-fenced, or separated.
Bord Gis is mindful of the requirement to see a level of
separation appropriate to helping the CER achieve its
stated objectives. Bord Gis believes that the following
proposal establishes the necessary level of separation
across the Bord Gis business structure and will support
the CER in achieving all of the above objectives.
7.2.2 The Scope of Business Separation
Eligible
Supply
7.2.4 Gas Point Registration Activities
Transportation (including GPR activities)
Transitional separation of Supply (2002 to 2005)
Full separation of Supply (full market opening)
In the interests of facilitating competition and
communication in the newly liberalised market, and in
agreement with the CER, Bord Gis will need to take on
additional responsibilities and administer new business
processes. These responsibilities, which are likely to be set
out in the distribution licence and the Code of Operations,
will include responsibility for:
Gas Point Registration maintaining a register of valid
market participants, a unique identifier for every Gas Point
and data on the relationship between Gas Points and
suppliers for every Gas Point. Bord Gis will be the prime
source of all meter point technical, commercial and
consumption data.
Meter Reading Authorisation the administration of
meter reading processes.
Supply
62
Blueprint Plan
Data Processing - the acquisition, validation and
provision of metering readings to transporters and
suppliers.
Data Aggregation the production and application of gas
estimates (profiles) and the derivation of capacity,
nomination and settlement data.
Control and co-ordination including liaison with the CER
and between market participants. This will include:
reporting on the operation of the retail market
processes and systems, and
the provision of support to market participants who are
seeking to utilise the
retail market arrangements.
These responsibilities were described in more detail in
earlier sections of the Blueprint.
In practice, none of the GPR activities can be separated
from the Distribution business. For both operational and
commercial reasons, the Distribution business requires gas
Blueprint Plan
7.6.1 Marketing Code of Conduct
Rules governing the way in which energy suppliers market
their products exist in most liberalised energy markets.
Bord Gis believes that a comparable framework will be
required in the Irish gas market.
Bord Gis believes that two principles should guide the
development of a marketing code of conduct:
Level playing field. It is essential that the gas marketing
code is the same as any comparable code developed for
the electricity sector. Differences between the markets
may lead to entrants from one market having a significant
advantage over entrants in the other.
Effective. The arrangements must provide the right
incentives to deliver a high level of effective customer
protection.
Key issues
Bord Gis believes that there are a number of issues
relating to customer protection that will need to be
addressed before the framework is agreed. These are
outlined in turn below:
Formal or voluntary. Customer protection may be
organised on a formal or voluntary basis. Formal customer
protection is a set of rules and regulations that are legally
enforceable, either through regulatory action, or by other
means of legal redress (e.g. a combination of general
legislation, and specific industry regulation). In contrast,
voluntary regimes are arrangements that are typically not
legally enforceable, but which constitute codes of conduct
by which retailers agree to abide. Following international
precedent, Bord Gis recommends that a formal
framework of customer protection be adopted.
Identifying malpractice. Formal breaches of regulations
may be defined by either the breaking of some
threshold number of complaints, or whenever a genuine
complaint about a supplier is received. In markets where
there are a low number of transfers (hence a
comparatively low number of complaints), it is possible to
investigate each complaint individually, and treat each
genuine complaint as a breach. Given the size of the Irish
energy market, Bord Gis believes this to be the most
appropriate approach.
Penalties. Following a breach, it is essential that penalties
are severe enough to discourage any further breaches, but
also not so excessive as to be fundamentally unfair. There
are a number of penalties that may be applied, ranging
from public criticism of a supplier by the regulatory
agency, through to revocation of the licence to supply.
One of the most effective approaches (used to good effect,
for example, in
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Blueprint Plan
New South Wales and Ontario) is to levy a financial
penalty on suppliers who commit a breach (which may be
defined in terms of a fixed amount, or with reference to
the size of the supplier in question). Bord Gis
recommends that a fixed financial penalty per breach be
levied on offending suppliers. This has the advantage of
being both transparent (as the implications of unfair
selling practices are clear to all), and also of being
equitable.
Scope. The most common elements of customer
protection regulations are highlighted below:
An undertaking not to mislead or exert undue pressure
on customers, or in any other way abuse a customers
trust.
A requirement to ensure that a customer knows that
they are entering into a contract to switch supplier.
Restrictions on times within which sales agents are
permitted to contact customers.
A requirement for sales representatives to provide
identification.
An undertaking to select appropriate staff, take all
reasonable steps to train
them appropriately, and audit their performance.
The terms of a marketing code of conduct will need to be
agreed by all participants in the industry. Bord Gis
therefore proposes that the development of such a code is
taken forward by an industry working group.
7.6.2 Supplier of Last Resort
The introduction of retail competition in energy markets
raises the risk that suppliers may occasionally fail.
CCoonntrtaractcsts&&AAgrgereemmeenntsts
AAuduidtiPt Plalann
Procurement Functional Design Technical Design
Systems Build Module Testing Systems Testing
User Acceptance Testing
Blueprint
A brief description of the activities can be found in the
table below. There are likely to be other activities,
associated with the full market opening. Those activities
relate to changes to support the volume of transactions
and the quality of data associated with the residential
market, however they have not been indicated here at this
stage.
76
Blueprint Plan
Phase
Activity
Comment
All Phases
Programme Management
Scoping, design and establishment of the overall
program of activities.
Ongoing program management
Issue management
Risk management
Stakeholder Management and Communication
Active management of stakeholder interests Proactive
communication with stakeholders.
Design Control
Proactive management of the design.
Analysis and communication of the design as it
develops, including changes to the design
Monitoring readiness
Continuous assessment of the level of preparations
made by central organisations and market participants
Envision
Scope and Phasing
Decisions are required on the scope and phasing of
competition liberalisation, e.g. how will competition be
phased in across different customer categories
High Level Market Principles
Development and agreement of market principles
Operational Responsibilities
Definition and allocation of operational responsibilities
Identification of requirements for new institutions
Regulatory Principles
Identification of key regulatory issues and agreement of
key regulatory principles
Commercial and Legal Architecture
Definition of overall commercial and legal architecture.
High Level Systems Architecture
Definition of the key components of the overall systems
solution
High level definition of how these will be configured,
including what will be centralised and what will be
distributed
Qualification
Identification of the preferred approach to the
qualification of market participants
77
Blueprint Plan
Phase
Activity
Comment
Detailed Design
Market Rules & Procedures
Development and documentation of detailed Market
Rules
Development and documentation of key market
processes and procedures
Development of business processes
Design and development of business processes and
procedures
Systems Requirements
Definition of business requirements to be met by IT
systems.
Regulatory Framework
Development and agreement of new and amended
regulatory controls.
Charging Principles
Development and agreement of the arrangements for
recovering appropriate development and operating costs.
Contracts and Agreements
79
Blueprint Plan
progress and consistency) typically by the regulator.
Where there is an over- emphasis on consultation or
consensus, or a lack of proactive overall direction, the
implementation process will be significantly extended; and
gas vs. electricity: care should be taken when using
benchmarks for retail competition implementation
timescales from the electricity sector. Gas markets,
particularly where the settlement period is a day rather
than a half hour, are much simpler than electricity markets
(to take a very simple measure, settlement data volumes
are 1/48th of those required for a half-hourly settled power
market).
The discussion focuses on the activities and timeline for
implementation of arrangements for Industrial &
Commercial Retail Market Opening on the assumption that
the arrangements for Residential Retail Market Opening
will in large part involve extending these processes and
systems, and will require limited new design activity.
Accordingly, Bord Gis has established a timeline that will
permit implementation of arrangements to support the
new arrangements in Industrial & Commercial Market
Opening activities required to support the Residential
Market Opening have not been shown. It should be noted
that this schedule cannot be achieved without timely
decisions on critical issues.
However, Bord Gis is still at a very early stage in the
development process and significant uncertainties remain
(not least around the management of the implementation
process and the extent to which the regulator will manage
proactively). For this reason, the timeline should still be
viewed as indicative, for planning purposes only.
80
Blueprint Plan
The schedule below places each of these activities on an
indicative timeline to indicate both the likely scheduling of
tasks within the four broad phases identified above, and
also to RETAIL COMPETITION IMPLEMENTATION TIMETABLE
- INDICATIVE
ALL PHASES
DETAILED DESIGN
DEVELOPMENT
IMPLEMENTATION
"Blueprint" Period
Month
123
456
789
10 11 12
And Market Rules < 8 to 12 Months >
Programme Management
Stakeholder Management & Communication Design
Control
Readiness Monitoring
Market Rules & Procedures
System Requirements Business Processes Regulatory
Framework Charging Principles Contracts & Agreements
Audit Plan
Procurement
Functional Design Technical Design
System Build
Module & Systems Testing User Acceptance Testing
Institutions Infrastructure
Data Cleansing Training Participant Support Qualification
Market Testing Communication "Go Live"
provide
some indication of their likely duration.
81
Blueprint Plan
8.1.3 Critical dates
A number of key milestones will be established once the
industry programme is underway. However the indicative
schedule of activity suggests that some dates are critical
for delivery of the programme.
Milestone
Description
Date
Blueprint agreed
Agreed position on the high-level design of the
competitive retail market.
3 to 5 Months
the need for prior data cleansing and ensuring that data is
robust is key.
Realistic Plans: It is critical that rigorous plans are
developed that reflect the time needed to make decisions
and the interdependencies between different activities. It
is also essential that adequate time is allowed to develop
and test the new arrangements once they have been
designed.
Cost Recovery: Industry participants need to understand
how they will be able to recover their financial investment
in retail competition. Without this understanding, it will be
difficult to secure commitment to the change ahead.
Programme Management: A programme of activity as
complex as the implementation of retail competition
cannot be achieved without strong and robust program
management skills.
System Changes: The experience of the introduction of
competition in other jurisdictions, provides pointers to the
prerequisites for the effective and efficient implementation
of system changes:
Business Requirements - clear and detailed business
requirements based upon an agreed industry design
(including role definitions, processes, information flows,
and performance levels).
Implementation strategy the approach and timing of
system developments needs to be agreed.
Testing will be required to be performed in a structured
way. Testing will need to include such stages as internal
and external integration testing, operational acceptance
testing and, potentially, market entry testing or
accreditation of other participants.
8.2 Programme Organisation and Governance 8.2.1
Objectives of the programme
Programme organisation and governance is a critical
element of achieving full retail competition. Failure to
establish a robust governance framework is likely to have
serious implications for the CER, Bord Gis and the rest of
the industry. As such, the design of the programme seeks
to ensure:
that the CER has clear accountability for full retail
competition and is supported in achieving the full delivery
of the new arrangements;
84
Blueprint Plan
that there is an appropriate level of control over the
development of the new arrangements the issues are
highly inter-related and will affect all parts of the Industry
and the Bord Gis business operation;
that there is an effective decision making process across
the Industry; and
that there is an appropriate balance between
consultation and communication.
8.2.2 Development of proposals for the new arrangements
An important decision relates to the approach to
developing the new arrangements. Whatever approach is
adopted, it will need to take account of the following
factors:
The availability of resources to be applied by all market
participants, in developing the new arrangements.
The cost of any programme.
The speed, at which issues can be discussed, resolved
and implemented.
The options range from a comprehensive cross-industry
workstream structure to a focused consultation-based
process.
Bord Gis believes that the most appropriate approach for
the Irish gas market is for Bord Gis to lead the
development of the market arrangements, supported by a
robust consultation and review process involving the CER.
The alternative approach of establishing wide- ranging
cross-industry work groups does not appear to fit the
needs of the Irish gas market, as it would be timeconsuming and relies on each market participant having a
deep pool of talent and resources to apply to the
programme on a full-time basis.
8.2.3 Key decision making roles
The framework for programme governance will need to be
agreed. At a general level, there are a number of key
decision-making roles worthy of consideration:
CER must have overall accountability for the
programme. An element of this responsibility will be to
ensure that the progress of industry participants is
continuously monitored. No other body is in a position to
readiness
CER
This is a critical role that only the CER can fulfil.
Market Testing
CER/ Bord Gis
CER needs assurance that the systems, processes work
across all market participants, and the same is essential to
Bord Gis as retail competition will affect all critical
business activities.
Communication
All
All participants will need to ensure that information to
customers and other stakeholders is timely and accurate.
Design management
Bord Gis
Given that Bord Gis is leading on the development of
market arrangements, they will need to ensure that the
arrangements fit together seamlessly and raise crossfunctional issues in cases where the arrangements carry
the risk of failure.
Go-Live decision
CER
87
Blueprint Plan
Consistent with these principles, the process for delivering
the necessary changes for full retail competition is
proposed as follows:
Bord Gis will prepare detailed papers around the work
packages agreed with the CER and in line with the
principles agreed in this document.
These papers will be submitted to the CER.
The CER will issue the papers to the GMAG for review. A
review timetable will be set by the Steering Group,
outlined above, and may include a meeting of Bord Gis
and the GMAG in order to reach agreement.
If necessary, revised papers will then be submitted to the
CER by Bord Gis.
The CER will issue the papers for full consultation.
The CER will receive comments and decide on the issues
to be reflected in the document s.
A final draft of the papers will be produced.
magnitude.
Costs are defined as all implementation costs, and future
operational costs associated with Market opening within
the period 2002 2010 inclusive.
Market opening is defined as logical separation of BGE IT
systems with full market opening for 400,000 customers.
The cost estimates detailed here do not cover
business/operational/managerial separation, nor physical
separation of the master database. As previously stated in
the blueprint having secured full retail competition, Bord
Gais intends to undertake a comprehensive systems
review with the aim of achieving full physical separation of
the Energy Supply systems
It is envisaged that all costs incurred in Market Opening
will be recovered by BGE
The total cost of Market Opening as defined above will
peak at circa 19m in 2004 and level out post 2006 at
circa 8.5m per annum. Ref. Chart 1 below.
89
Blueprint Plan
Chart 1 Annual Costs of Market Opening 2002 2010
20.0 15.0 10.0
5.0 0.0
8.4 Immediate Next Steps
To be completed.
Ongoing
2002
4.8
2003
9.0
2004
10.1
2005
10.8
2006
8.3
2007
7.9
2008
8.2
2009
8.4
2010
8.7
One-Off
3.4
7.9
8.7
6.5
0.0
0.0
0.0
0.0
0.0
90
m
Blueprint Plan
Annex A: Description of the proposed allocation process
This annex provides a high-level description of the
proposed allocation process. It should be read in
conjunction with section 6.5 of this document.
The description covers key processes in relation to the
allocation of gas between shippers delivering gas on the
distribution system. It also covers processes that are
intended to support the charging for transportation
services, the calculation of gas imbalances and the
charging for gas imbalances, however, it does not cover
those processes as such.
The top-level process chart has been included to provide
some orientation of the main interfaces between the
following key groups of processes:
GPR administration / capacity booking;
Nomination of gas / physical balancing;
Metering services; and
Allocation / charging for imbalance and transport.
The process description below relates only to this next
level of process charts where key groups of processes are
explained in more detail. For ease of reference each
process is shown under the relevant key groups of
processes where it appears and is referenced both by a
number and by process name. The process charts are
inserted at the back of this annex.
Reconciliation is not described in this annex since it
NDM / DM
D-1 plus updates during D
TBU
16
Receive demand nominations from shippers
Based on the proposed demand nominations submitted to
shippers and any other information shippers may have
shippers submit demand nominations by zones, which are
then received.
NDM / DM
D-1 plus updates during D
TBU
17
Read system meters
All meters deemed relevant for maintaining overall control
of the system are read throughout the gas day.
N/a
D
TBU
18
Buy/sell gas to balance
Gas required to maintain the gas system in balance are
either bought or sold during the gas day.
NDM / DM
D-1 plus during D
TBU
19
Receive gas input nominations from shippers
Gas input nominations are received from shippers by
input points.
NDM / DM
D-1 plus updates during D
TBU
96
Blueprint Plan
Box #
Process name
Process description
Type
Timing
Process owner
20
Balance physical system
System operator maintains control of the system by either
increasing input / decreasing output or decreasing input /
increasing output, i.e. managing differential pressures to
manage linepack.
NDM / DM
D
TBU
21
Determine cash-out prices
Cash-out prices are determined, in part, by the necessary
actions the system operator has had to take during the
gas to maintain control of the system.
NDM / DM
D+1
TBU
Metering services
22
Receive shipper request for NDM reading
Shippers/suppliers may request a meter reading at a NDM
gas point (typically at change of shipper)
NDM
Any time
DBU
23
Determine meter reading requirements
Meter reading requirements, taking account of any
additional shipper/supplier request received, are
determined by norms and based on last readings as
recorded in the GPR
NDM / DM
D-1
DBU
24
Produce meter reading schedules
Meter reading requirements are converted into work
schedules specifying which NDM and DM sites need
manual reads (in addition to the remote reading DM sites)
NDM / DM
D-1
DBU
25
Read all DM sites
All DM sites are read remotely and, in addition, some DM
sites are read manually such that over time it is possible
to reconcile DM readings for a period with the meter
advance
DM
D
DBU
97
Blueprint Plan
Box #
Process name
Process description
Type
Timing
Process owner
26
Convert DM readings to energy consumed
DM readings are converted from volume to energy by
using the specified CV for the day (or days in the case of
advance readings)
DM
D+1
DBU
27
Submit DM readings to shippers
DM readings converted into energy submitted to
shippers/suppliers .
DM
D+1
DBU
28
Receive DM readings
DM readings are received for further use in the gas
allocation process
DM
D+1
DBU
29
Read defined NDM sites
Blueprint Plan
Box #
Process name
Process description
Type
Timing
Process owner
35
Aggregate DM demand by shipper
Aggregate DM demand by shipper and by zone based on
received DM readings corrected for shrinkage on the
distribution system
DM
D+1
DBU
36
Calculate aggregate NDM demand
Calculate aggregate NDM demand by zone by deducting
aggregate DM demand by zone from aggregate
distribution system demand by zone (corrected for
shrinkage).
NDM
D+1
DBU
37
Receive meteorological actuals
Receive a meteorological forecast containing the data
required to be applied to the demand estimation equation
for each customer
38
Calculate daily NDM demand by shipper
Based on the meteorological actuals received and the
aggregated consumption parameters used in the
estimation process (#2), NDM demand is calculated for all
customers of that class being served by that shipper for a
given zone. Demand is then aggregated across all classes
being served by that shipper in a given zone to arrive at
the figure for NDM demand by shipper corrected for
shrinkage on the distribution system.
NDM
D+1
DBU
39
Adjust daily NDM demand by shipper
Daily NDM demand by shipper, supplier and by zone is
adjusted such that that sum total of these for a given zone
are equal to the estimated aggregate NDM demand for
that zone as calculated in process #36
NDM
D+1
DBU
99
Blueprint Plan
Box #
Process name
Process description
Type
Timing
Process owner
44
Calculate DM+NDM demand by shipper
Total DM and NDM demand by zone is calculated as a
basis for settlement of imbalances and for charging for
transportation services (shippers will receive these data as
part of the documentation supporting the settlement of
imbalances)
NDM / DM
D+1
DBU
45
Calculate distribution transportation charges by shipper
Information of total demand by shipper on the distribution
system is used to calculate energy consumption for a
charging period and together with information on booked
capacity (process #11) then to calculate distribution
transportation charges by shipper.
NDM / DM
D+1
DBU
100
Blueprint Plan
Top level
GPR administration / capacity booking
Gas Point
Estimate 12 consumption parameters for
NDM site
Receive NDM reading
from p. 4
shipper
13
16
38
Calculate daily demand by Shipper
see p. 5
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Blueprint Plan
Nomination of gas / physical balancing
Overall process map
to GTMS for imbalance settlement
Receive 12 meteorological
forecast for system level
18 Buy/sell gas to
balance
21 Determine cashout prices
Calculate 13
estimated aggregate D- system demand
20 Balance physical
system
Adjust estimated daily demand by shipper 14
Calculate 2 estimated daily NDM demand by
shipper
17
Read system meters
from p. 2
from p. 2
Calculate 3 estimated daily DM demand by
shipper
Receive gas 19 input
nominations from shippers
Submit 15 proposed
nominations to shippers V
Receive demand nominations from shippers 16
V
Metering services
from p. 2
33 Read all system
meters
Calculate 34 aggregate Dsystem demand
Calculate 36 aggregate NDM
demand
Adjust daily NDM demand by
shipper
39
Aggregate DM demand by
shipper
35
Calculate 40 DM+NDM
demand by shipper
Calculate DUoS charges by
shipper
41
28
Receive DM readings
to GTMS for imbalance settlement
to GTMS for TUoS charging
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Blueprint Plan
Annex B Glossary of Key Terms CER - the Commission
for Energy Regulation in Ireland.
COS or Change of Supplier the process by which
licensed Shipper/Suppliers can register with the gas
network, that they are responsible for providing gas to a
gas point.
CV or Calorific Value the number of Mega joules
produced by the complete combustion at a constant
pressure of 1.01325 bar of 1 standard cubic meter of
natural gas being free from water vapour at 15 degrees
Celsius with excess air at the same temperature and
pressure as the natural gas when the combustion products
have cooled to 15 degrees Celsius and when the water
formed by combustion is condensed to the liquid state and
the products of combustion contain the same total mass of
water vapour as the natural gas and air before
combustion.
Is Medicinal Cannabis
Coming To Ireland?
November 30, 2016
http://wp.me/pKzXa-nC
BUT STAY ORGANISED-BEWARE OF EU
INTERVENTION
Continue to Resist Metering
Nl
Aylward, Bobby.
Adams, Gerry.
Bailey, Maria.
Barry, Mick.
Barrett, Sen.
Brassil, John.
Brady, John.
Breathnach, Declan.
Broughan, Thomas P.
Breen, Pat.
Buckley, Pat.
Brophy, Colm.
Canney, Sen.
Browne, James.
Collins, Joan.
Bruton, Richard.
Collins, Michael.
Burke, Peter.
Connolly, Catherine.
Burton, Joan.
Coppinger, Ruth.
Butler, Mary.
Cullinane, David.
Byrne, Catherine.
Daly, Clare.
Byrne, Thomas.
Doherty, Pearse.
Cahill, Jackie.
Ferris, Martin.
Calleary, Dara.
Funchion, Kathleen.
Cannon, Ciarn.
Harty, Michael.
Carey, Joe.
Healy, Seamus.
Casey, Pat.
Healy-Rae, Danny.
Cassells, Shane.
Healy-Rae, Michael.
Chambers, Jack.
Kenny, Gino.
Chambers, Lisa.
Kenny, Martin.
McGrath, Finian.
Coveney, Simon.
McGrath, Mattie.
Cowen, Barry.
Martin, Catherine.
Creed, Michael.
Mitchell, Denise.
Curran, John.
Daly, Jim.
Munster, Imelda.
DArcy, Michael.
Murphy, Catherine.
Deering, Pat.
Murphy, Paul.
Donohoe, Paschal.
Naughten, Denis.
Durkan, Bernard J.
Nolan, Carol.
English, Damien.
Broin, Eoin.
Farrell, Alan.
Caolin, Caoimhghn.
Fitzgerald, Frances.
Laoghaire, Donnchadh.
Fitzpatrick, Peter.
Snodaigh, Aengus.
Flanagan, Charles.
OBrien, Jonathan.
Harris, Simon.
OReilly, Louise.
Haughey, Sen.
OSullivan, Maureen.
Heydon, Martin.
Pringle, Thomas.
Howlin, Brendan.
Quinlivan, Maurice.
Kehoe, Paul.
Ross, Shane.
Kelleher, Billy.
Ryan, Eamon.
Kelly, Alan.
Shortall, Risn.
Kenny, Enda.
Smith, Brd.
Kyne, Sen.
Stanley, Brian.
Lahart, John.
Tibn, Peadar.
Lawless, James.
Wallace, Mick.
MacSharry, Marc.
Zappone, Katherine.
McConalogue, Charlie.
McEntee, Helen.
McGrath, Michael.
McLoughlin, Tony.
Madigan, Josepha.
Martin, Michel.
Mitchell OConnor, Mary.
Moynihan, Aindrias.
Moynihan, Michael.
Murphy OMahony, Margaret.
Murphy, Dara.
Murphy, Eoghan.
Murphy, Eugene.
Naughton, Hildegarde.
Neville, Tom.
Noonan, Michael.
OBrien, Darragh.
OCallaghan, Jim.
OConnell, Kate.
ODowd, Fergus.
OKeeffe, Kevin.
OLoughlin, Fiona.
ORourke, Frank.
OSullivan, Jan.
Penrose, Willie.
Phelan, John Paul.
Rabbitte, Anne.
Rock, Noel.
Ryan, Brendan.
Sherlock, Sean.
Smyth, Niamh.
Stanton, David.
Troy, Robert.
Varadkar, Leo.
Tellers: T, Deputies Paul Kehoe and Michael Moynihan; Nl,
Deputies Ruth Coppinger and Aengus Snodaigh.
Question declared carried.
Question put:
The Dil divided: T, 82; Nl, 39.
T
Nl
Aylward, Bobby.
Adams, Gerry.
Bailey, Maria.
Barry, Mick.
Brassil, John.
Breathnach, Declan.
Brady, John.
Breen, Pat.
Broughan, Thomas P.
Brophy, Colm.
Buckley, Pat.
Browne, James.
Connolly, Catherine.
Bruton, Richard.
Coppinger, Ruth.
Burke, Peter.
Cullinane, David.
Burton, Joan.
Daly, Clare.
Butler, Mary.
Doherty, Pearse.
Byrne, Catherine.
Donnelly, Stephen S.
Byrne, Thomas.
Ellis, Dessie.
Cahill, Jackie.
Ferris, Martin.
Carey, Joe.
Funchion, Kathleen.
Casey, Pat.
Healy, Seamus.
Cassells, Shane.
Kenny, Gino.
Chambers, Jack.
Kenny, Martin.
McGrath, Finian.
Coveney, Simon.
Martin, Catherine.
Cowen, Barry.
Mitchell, Denise.
Creed, Michael.
Munster, Imelda.
Positive Meeting Of Anti-Water
Charges Activists-Report Cllr.
Brendan Young
At a positive meeting of anti-water-charge
activists on April 16 (attendees below) a wideranging
discussion took place and the following was
agreed:
1. With regard to the public discussion on the
formation of the next government, we are
opposed to the
movement against the water charge calling for
TDs to vote for a government of the parties
responsible for the austerity imposed to pay for
the bank bailout including the water charge;
2. Instead we support a call for all TDs who say,
or have said, they oppose the water charge to
vote to
immediately abolish the water charge and to
immediately abolish IW when a Bill to that effect
is put
before the Dail;
3. We are aware of discussions amongst antiwater-charge TDs on drafting a Bill and look
forward to
seeing that draft Bill in the coming week;
4. We are in favour of such a Bill being a crossparty Bill, rather than a Bill presented by any
one party;
5. We are in favour of all TDs who say they
Vision of
1916 event on Sunday April 24 in Dublin
assemble in Merrion Sq at 14.00 and bring
banners; the
organisers ask anti-water charge groups to join
the parade behind the banner Irish Republic
ownership of Ireland
12. We are in favour of a national day of action
against the water charge in the near future
provisionally on Saturday April 30, depending
on the outcome of the discussion on calling a
national demonstration mentioned above and
will discuss this at our next meeting;
13. In the event that the incoming government
does not scrap the water charge, we support
open
discussion and democratic decision-making in
the next phase of the campaign;
14. we agree that there is a need for systematic
work on social media; we will discuss how best
to do this
at our next meeting;
15. We will meet again at 14.00 16.00 in the
Teachers Club, Parnell Sq on Sat April 23. This
meeting
is open to all who oppose the water charge and
we will publicise the meeting as much as
possible.
Attendance: Paddy Healy, Sean Heffernan,
Seamus McDonagh, John Lyons, Donall
OCeallaigh, Garrett
Banks, Joe Kelly, Enda Craig, James Quigley,
Shane Fitzgerald, Eddie Doyle, Joanne Pender,
Liz Wilders,
Mary ODonnell, John Meehan, Aaron Nolan,
Paul Murphy, Ciara Hendrick, Evelyn Campbell,
Pat Waine,
Brendan Young.
Report: Brendan Young. 18 April 2016.
a
a
a
Tnaiste Joan Burton has lashed out at trade unions who she says
dont consider upgrading the countrys water system to be a priority.
The Labour Party leader said she finds it astonishing that some
unions are part of the anti-water charge movement, given the scale
of problems.
Its very odd to have elements of the trade union movement, who
appear to be reluctant to accept the idea that water, while
absolutely a right, actually has to be funded and paid for, Ms
Burton said.
She was responding to questions about the new Right2Change
voting pact, which has the backing of six trade unions including
Unite, Mandate, the Communications Workers Union and the
Technical Engineering and Electrical Union.
Last night, the newly formed Social Democrats declined to join the
movement, which wants left-wing parties and independent election
candidates to agree on a vote-transfer pact.
Right2Change has set out a number of policy principles around
health, housing, jobs and the abolition of water charges.
Sinn Fin has already signed up but many other left-wing politicians
have said that while they back the idea they will not be asking their
voters to transfer to Gerry Adamss party.
In a letter to the leaders of Right2Change, the Social Democrats
said that while they commend the group for a proposal built on
sound principles, they wanted to remain independent heading into
their first General Election.
While we wholly support the principles of Equality, Democracy and
Justice which underline the document, we do have a concern that
the substance of the entire document amounts to a manifesto.
Given that we intend to produce our own manifesto, it would not
be appropriate for us to sign up to that of another group, they said.
Asked if the Labour Party would miss the support of the union
movement, Ms Burton said the party still had an enormous amount
of support in the trade unions but some unions had made a
political choice.
She said that the six unions needed to realise that water services
were in need of repair.
We need to do it. We have to do it for ourselves, we have to do it
for industry, agriculture and for tourism, she said.
Weve had occasions when Dublin has pretty much run out of
water.
Weve had part of the country where weve had boil water notices
and weve had more than 40 spots around the country where we
are dumping waste and effluent into rivers, lakes and beaches.
She added: Im a bit astonished really that trade unions wouldnt
consider addressing those issues to be a priority.
The Tnaiste said she understood why some politicians were not
backing the Right2Change voting pact, adding that she was not
surprised that certain groups and parties would not wish to embrace
Sinn Fin.
DEFEND THE JOBSTOWN 27
March Tomorrow Sept 19
Jobstown Not Guilty has called for a major protest TOMORROW
Saturday at 1pm at Central Bank. It will march from there to the
CCJ.
THIS SUCCESS!!!
all those living in private rather than local authority estates and/or
have white-collar occupations are regarded (wrongly) as middle
class. They are a very numerous cohort and the fight for their
political support is very important to the left. Already many people
from this background support left-wing TDs and councillors. (As a
lifelong trade union rep of teachers and public servants, I am
particularly conscious of this)
The problem with Water Services should be funded by progressive
general taxation is that it does not express the gross inequity in
the distribution of wealth and in the incidence of taxation in Ireland.
I try to deal with this in my blog,
Irish Super-Rich Awash With Money http://wp.me/pKzXa-n4
Instead I think the formulation in documents and speeches should
be Water Services Should be Funded by taxing the incomes and
assets of the super-rich
The formulation Water Services should be funded by progressive
general taxation should be dropped.
When canvassing doors, I often ask What do you think is the
annual income of each of the top 10,000 Irish people
I commonly get the reply: About 200,000 euro like all the
ministers
The reality is 595,000 Euro (over half a million and there are almost
no public servants or Ministers in it-all private sector). Public
perception is distorted by biased media coverage.
I recommend the following reply to Presenters Question: So you
intend to load the cost of upgrading Irish water on the middle
classes
Answer: No, we wish to prevent extra taxation being imposed on
those on low and middle incomes. No Water charges, no Home Tax
We will directly tax the super rich. The top 10,000 Iris People have
incomes of 595,00 per year each, a total of 5.95 billion. Net
Financial assets-investments and bank deposits of the very rich
Irish have gone up by 90 billion since the crash. There is plenty
surplus money there to fund investment in water servicesPaddy
UPDATE:SUPER-RICH IRISH AWASH WITH MONEY!-UPDATE
Aug 19,2015
Read Full Blog
http://wp.me/pKzXa-n4
Brian Gould(Cork) Arrested Yet Again For Resisting WaterMetering. Good on you Brian!
Weve told residents that if they want help, were more than willing
to give it to them. We wont do it for them though.
Were willing to stand with them, not stand for them. They
themselves have to be willing to take a stand.-Brian Gould
Water charges protester defiant at third arrest
Irish Examiner Wednesday, August 19, 2015
by Joe Leogue
A water charges protester arrested three times since last Friday has
vowed to continue his resistance to the installation of water meters.
Brian Gould, aged 64, was yesterday arrested at a protest at the
Ard Cashel estate in Watergrasshill, Co Cork having been detained
on Monday at a demonstration in the same residential area.
Mr Gould was also arrested at a protest in Brooklodge in nearby
Glanmire last Friday.
Mr Gould appeared in Mallow District Court yesterday and was
released on bail.
He said afterwards that, as part of his bail conditions, he had been
ordered not to attend any further water meter installations in
Watergrasshill.
Mr Gould said that he was yesterday arrested for grabbing
equipment from an Irish Water worker, but said that it was an
instinctive reaction after the material was passed over his head
from behind.
His arrest on Monday, Mr Gould said, came after he stepped on a
stopcock.
He also confirmed that he is not a resident of either the Ard Cashel
or Brooklodge estates.
Over the last six or seven months weve been going to various
estates in Cork City and county to park meetings, said Mr Gould.
Weve been giving information and leaflets to residents on the
water charges, meters and smart meters.
Weve told residents that if they want help, were more than willing
to give it to them. We wont do it for them though.
Were willing to stand with them, not stand for them. They
themselves have to be willing to take a stand.
Mr Gould said that, as a result of his involvement, he gets calls from
residents who are seeking help in speaking with garda and Irish
Water workers.
I have gained experience in dealing with the garda and Irish Water
that people dont have, he said.
Last week, a spokesperson said Irish Water would resume works in
estates where workers had been refused access by residents.
This work will be rescheduled in due course to enable works to be
carried out in a safe manner, the spokesperson said. Meter
installations are continuing in the south-west region. To date in
excess of 735,000 meters have been installed nationwide and over
90,000 in the south-west region.
Water bills could rise by 50pc and 100 grant facing axe as
EU report hits home-Irish Independent
Irish independent
Paul Melia
PUBLISHED01/08/2015 | 02:30
Water bills could rise by as much as 50pc if the Coalition insists on
keeping Irish Waters loans off the national balance sheet.
The 100 water conservation grant and the pricing cap are also in
the firing line, if the Coalition wants the company to pass Eurostats
market corporation test.
This would result in 70pc of customers, or almost 950,000
households, being hit with a higher charge as they would have been
expected to pay no more than the maximum bill of 260 per year.
Scrapping the 100 grant to every householder who registers with
Irish Water will also result in higher charges.
European agency Eurostat earlier this week ruled Irish Water did not
pass a crucial test because more than 50pc of revenues came from
Government.
It also found the so-called water conservation grant should be
treated as a payment to Irish Water, as it was clearly designed to
offset bills.
Failure to pass the market corporation test means that Irish Waters
borrowings will be added to the national debt.
The Government has committed to not changing the charging
structure, including the cap, until at least 2019.
Subsidies
It has also said the 100 grant will be paid annually, but the
Eurostat decision means that some subsidies will have to be
withdrawn for Irish Water to qualify as a standalone entity.
ESRI economist Dr Edgar Morgenroth said that the minimum the
Government needed to do was scrap the 100 grant.
Its hard to argue the 100 water conservation grant is anything
other than a rebate to Irish Water. To meet the Eurostat criteria I
expect that at the minimum the government would have to get rid
of the untargeted 100 subsidy.
The true cost of providing water and wastewater is probably 500
to 600. We now have (a charge of) 260, less the 100, and were
not even close to 50pc.
New data published by the Central Statistics Office (CSO) also
shows how the Government is heavily subsidising the cost of
treating water.
It says that households are currently being charged 3.70 per 1,000
litres of drinking water and wastewater, but that the real cost is
5.42.
The prices are being kept low because the Government not only
subsidises household bills, but also pays another 1.72 per 1,000
litres to cover the cost of child allowances and the cap.
Removing these subsidies would add around 46pc to bills.
The CSO, Irish Water, Eurostat and the Government have all refused
to release redacted figures in the Eurostat ruling, arguing they are
commercially sensitive.
But data released by the CSO shows the extent Irish Water relies on
the State.
The Government will this year provide Irish Water with 400m to
offset treatment costs and keep charges low. This will increase to
479m next year.
Some 60m is being provided from taxation to pay for the free
allowance of 21,000 litres per child. Another 129m is being paid to
keep the maximum charge at 260 per two-adult household and
160 for a one-adult home.
A product subsidy of 211m is paid to offset treatment costs.
These subsidies exclude the water grant, which costs 130m.
Dr Morgenroth said if 51pc of total funding had to come from direct
charges to customers, it gave the Government very little room for
manoeuvre.
Prices are not set in relation to costs at all, theyre set politically. It
cant be like that if you want a market operation firm, he said,
adding that payment rates would have to improve.
Irish Independent
Seamus Healy TD
TRIP TO TIPP PT 2 NATIONAL PROTEST AGAINST WATER
CHARGES
Nenagh, Saturday August 8
Step up the Campaign Against Water Charges By Protesting in
Nenagh on August 8
Nenagh is the home town of Minister Alan Kelly
Assembling at Nenagh Railway Station@2pm
Free parking on Saturdays in Nenagh
Coaches can park at the railway station
Government and Minister Kelly Must Withdraw the Charges
NOW!
57% Refuse to Pay Water Charges!
Statement By Seamus Healy TD 087-4183732
Well over half of those billed have not paid the water charge. This
shows that the majority of the Irish people are opposed to these
charges and the Government and Minister Kelly should now
withdraw the charges. The Irish Congress of Trade Unions, the
biggest civil society organisation in Ireland, has voted
overwhelmingly against the imposition of these charges.
Irish people already pay for water through general taxation
ANALYSIS
Cliff Taylor
Irish TIMES OCT 31
The Government has limited room for manoeuvre in cutting water
charges to consumers, if it wants to keep the costs of Irish Water
off the State balance sheet. This is the crux of the problem it faces
as it aims to defuse public anger at the charges.
Giving money back to consumers via tax relief and household
benefits packages may, however, be the way to lower the costs
while staying within the rules.
An analysis of the published information on what Irish Water will
spend and where it will raise its money shows it needs to raise
significant revenue from the public to stay within the rules. If it
does not do so, officials have calculated that more than 800 million
will be added to borrowing next year, cutting Irelands ability to
meet EU deficit targets.
Doesnt add up
The cash will still come in to Irish Water from the public and can
thus be counted in its finances.
Widening the promised tax relief to households so that all
households benefit from 100 in tax relief, no matter what their bill
comes to together with a credit for those on welfare support is
one key step in the Governments plan to try to assuage public
anger.
Further moves to cap charges are also being considered, but these
will have to ensure that Irish Water still gets enough revenue.
Will It Cost The Government 930 Million Euro per year to
Abolish Water Charge as it Claims?
Read ML Taft Economist at UNITE THE UNION
Jesus Con, don't be giving the snotty nosed little pipsqueak ideas .
http://www.housing.gov.ie/sites/default/file
s/migratedfiles/en/Environment/Water/WaterSectorR
eform/Submissions/Organisations/FileDow
nLoad%2C31771%2Cen.pdf
Environmental Enforcement Office
An Taisce endorses SWANs proposal for a new cost effective,
streamlined system for environmental enforcement by establishing
an independent Environmental Enforcement Office and
Environmental Dispute Resolution Board. According to SWAN:
The Environmental Enforcement Office will take enforcement
referrals from agencies with responsibility for water and related
matters such as NPWS, Inland Fisheries Ireland. The EEO will be
Solutions and was 51% owned by the Scottish Water and two private
consortia one led by United Utilities and the Thames Water-led
Sterling Water. The Reform Paper states that one of the functions of
Irish Water will be sourcing private finance for investment in capitol
projects. An Taisce would like some clarity from the DECLG on what
type of capital projects the DECLG means? Private investment is
only carried out in order to make profit. Would this investment be
the beginning of a semi-state organisation (or a PPP like Scottish
Water Solutions) and if so, what would the implications of such a
body be with regards pricing to the consumer?
An Taisce supports SWANs proposal that the EPA should take control
of following licensing currently under the remit of the local
authorities:
Abstraction Licensing
Land drainage
Residential Properties
(Ministers office LH)- Alan
Kelly (DECL6)
EPA received 81
submissions for
GM potatoes
trials
Updated / March 28, 2012
This is the actual article body
AnTaiscesubmissiononthe
ConsultationontheForestry
Programme20142020
http://www.antaisce.org/sites/
antaisce.org/files/20141015dafm-forestry_0.pdf
V
V
V
V
V
UNITED KINGDOM
10/31/16 Remarks and Conversation With Mayor of
London Sadiq Khan at the Youth Outreach Event;
Secretary of State John Kerry; London, United Kingdom
10/31/16 Remarks With Chatham House Director Robin
Niblett at the Chatham House Prize Ceremony; Secretary
of State John Kerry; Chatham House; London, United
Kingdom
10/31/16 Remarks at the Benjamin Franklin House Medal
for Leadership Ceremony; Secretary of State John
Kerry; Benjamin Franklin House; London, United Kingdom
10/31/16 Secretary Kerry's Meeting on Libya; Office of the
Spokesperson; Washington, DC
IRELAND
10/30/16 Remarks Following Receipt of the Tipperary
Peace Award; Secretary of State John Kerry; Aherlow
House Hotel; Tipperary, Ireland
10/30/16 Press Availability with Irish Foreign Minister
Charles Flanagan; Secretary of State John
Kerry; Tipperary, Ireland
10/28/16 Senior State Department Official Previewing
Secretary Kerry's Travel to Tipperary and
London; Washington, DC
SECRETARY'S SCHEDULE
10/31/16 Public Schedule: October 31, 2016
10/30/16 Public Schedule: October 30, 2016
http://www.state.gov/secretary/t
ravel/2016/t31/index.htm
Remarks Following
Receipt of the Tipperary
Peace Award
Remarks
John Kerry
Secretary of State
Aherlow House Hotel
Tipperary, Ireland
October 30, 2016
SECRETARY KERRY: Well, Martin, thank Im really
incredibly touched, moved, very, very grateful, and hope
and pray that there is no way possible that the glen of
Aherlow and its beauty will remain a secret anywhere.
(Laughter.) Really, you are blessed here in so many ways
blessed by your people. I thank you for your eloquence, I
thank you for the honor of this award, which I accept really
on behalf of all of the people in the United States State
Department, in the White House, who labor for peace
every single day; for our colleagues around the world,
without whom on a multilateral basis we cant make things
happen; and for all those desperate people for whom
peace can so often be so elusive and so passionately
yearned for. They are ultimately our inspiration, I think, for
everybody here. We know that when you see a photo like
that photo of that kid in the ambulance or hear of yet
another hospital that has been bombed or seen the
photographs of torture or hear yet again of gas being used
or barrel bombs being dropped, only the most hardened,
callous soul could resist a sense of duty, a sense of
who are in touch with the world, who are looking for
something different. In truth, I said to myself, you know
what? This is finally peace.
And it didnt come about at the gun tip at the tip of a
barrel. It came about through the efforts of diplomacy,
through the renewal of relations, through the changing of
an economy, through the opening up of opportunity,
through the connecting of people to the rest of the world,
and for beginning to give people an opportunity to make
choices in their own lives. So I think when you think about
it, the people of Europe understand this maybe especially,
because this is a continent that had known war and
animosity and violence in so many ways for so long just
go back to the song; Its a Long Way to Tipperary. And
by the way, for me it has been a long way to Tipperary.
(Laughter.)
But the last 70 years for Europe have brought this
remarkable unity, this collaboration, incredible rebuilding
of an entire society out of the ashes of war. And I am
proud to say that part of that came through the Marshall
Plan and through the commitment of the United States to
help rebuild and even to rebuild those with whom we had
fought. And so today we look at a Germany or we look at a
Japan that are democracies and firm allies and great
contributors to the norm of global affairs and to the rule of
law that we have established out of the ashes of that war.
So I think what Europe has created stands in stark contrast
to what had been considered normal for too many years,
and I particularly say that with a note of caution as people
navigate the shoals of Brexit and try to figure out the road
ahead, which I hope will not turn its back on a project that
has made such a difference to peaceful lives of human
beings over such a long period of time.
Not far from here, the Tipperary Arch represents a
reminder of that history, and it remains the remains of the
barracks that once housed the Irish soldiers who were
about to march off to the mud field battlefields of World
War I. And since that era, we have circled the sun a
hundred times, but the service and sacrifice of those
young people has not been forgotten, nor will it ever be.
Each year, the men and women of this county gather at
the arch to remember those who never made it back to
http://www.state.gov/secretary/
remarks/2016/10/263865.htm
Bill entitled an Act to change the name of the Commission for
Energy Regulation; to confer on the Commission powers to carry
out investigations and impose administrative sanction; to give
further effect to Directive No. 2003/54/EC of the European
ENVIRONMENT (MISCELLANEOUS
PROVISIONS) ACT ... Environmental
Protection Agency Act 1992 1992, No. 7
European Communities Act 1972 197
http://www.irishstatutebook.ie/e
li/2011/act/20/enacted/en/pdf
Environmental law and practice
in Ireland-overview 1
http://www.algoodbody.ie/medi
a/Environmentallawandpracticei
nIreland-overview1.pdf
YouTube
Follow
Gerry Adams
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Joe Leogue
Retweets1 1 like
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The tax take for the first 10 months of the year was
already 680m higher than planned.
It means the State would be able to afford refunds for the
144m paid in water charges last year.
Minister Noonan did not indicate whether he supported
Follow
Irish Examiner
http://www.irishexaminer.com/breaki
ngnews/ireland/minister-noonanraises-possibility-of-refunding-watercharges-766545.html
Jonathan Sugarman
The Whistleblower Statement
Against Government's Measures
In Bailing Out The Anglo Irish
Bank? Over This Last 10 Years.
CORRUPT POLITICIAN'S Of
The four Main Parties Fianna
Fail And Fine Gael, Labour green
paety, all agreed, they Should Be
HANGED, And jailed
Nov 2016
end of .post-meta
29 November 2016
This is Ireland one month before Christmas
2016 .
Our citizens are suffering from frostbite &
trench foot .Pro life my arse ! Will Enda
bring Pope Francis to visit the doorways &
parks in Dublin and the rest of the country
where many of 6,400 people sleep every
night ..Will the people who own many
houses ( that they charge exorbitant rents
for ) open their doors to the homeless this
Christmas ..I don't think so ! ONE HOME
FOR EVERY FAMILY ! There are 230,000
empty houses in Ireland ..Unscroupoulous
landlords buying up houses & waiting for the
RESULTS
1
1
Yes16%
No73%
No interest/No opinion11%
and they want us to pay for water they can't even provide homes for
people...
Shame on this government. TIME FOR
A CHANGE...
This is a disgrace to our country and our government...i
have nothing against foreigners and im not raciest..but if
the government can afford to help them..Then why cant
the help our most needy at this time of the year...i just
dont get...pisses me off.
This is Linda Ayers our very dear friend and fellow singer
in The High Hopes Choir Family ..... Much love to you Linda
as once again the horrors of Homelessness and Despair
are told in your very honest and open account of your life
on the street. Glenn Alexander is a persistent fellow alright
and I think that's why we all feel safe with him around. So
very proud to have him as a friend and so proud to stand
side by side with you Linda as we raise our voices in song
and create awareness of the hardships that can befall
anyone of us be it through Homelessness - AddictionsMental Health -Poverty - Illness - Accident - Loss of a loved
one --Whatever it is let us be aware and let us help each
other xx
Water Charges
The Expert Commission has suggested that where
water is used at a level above what is necessary for
normal domestic purposes, that the user should pay
for this through tariffs. The suggestion is that an
allowance is determined and this allowance could
be regularly reviewed and, if necessary, adjusted to
reflect changes in water use patterns in Ireland.
As stated earlier, the evidence provided shows that
Irish people are not profligate with their water and
in fact use less water than almost any other country
in the Europe despite having more water available
to us.
There are also very serious concerns about any
allowances being eroded over time, like bin charges.
Therefore, continuing an expensive water metering
programme with the added costs of highly paid
consultants, advertising, postage, call centres and
other costs, for no conservational benefit would be
an extraordinary waste of valuable resources,
costing up to 300m per year and returning
potentially nothing.
The government and the Oireachtas sub-committee
should accept the will of the electorate two thirds
of whom voted for parties and individuals who
promised abolition. This is now also backed up by
an Irish Times MRBI poll which also says two thirds
of the population want to scrap the charges.
With all of this in mind, it is essential that water
charges are abolished outright.
Funding?
In addressing the funding of water services, the
Commission suggests that the funding requirements
which were to be allocated through domestic water
http://www.fiscalcouncil.ie/wpcontent/uploads/2016/11/FAR_30111
6_Final.pdf
IF APPLE PAID THERE TAXES AND
OTHER MULTINATIONAL
CORPORATE PRIVATE COMPANIES
PROGRESSIVE IRISH
GOVERNMENT
Michael Taft, Research Officer with Unite the Union, explained how
employers PRSI would be used as a key contributor towards the
campaigns objectives.
Employers in Ireland pay approximately one third of what their
counterparts in Europe pay in social insurance contributions. On
the other hand, workers are paying approximately the same rate
as their fellow Europeans through income taxes, USC, VAT and
employees PRSI rates. If we want to have European style public
services and social protections then it is obvious where the gap
lies and thats in employers PRSI rates.
If Ireland were to have the average employers PRSI rates, it
would provide a further 8 billion in revenue and were proposing
achieving this incrementally in the long term. However, we could
raise 4.1 billion over four years through this measure and
wealth/capital taxation, he said.
The document states that 300 million can be raised by a wealth
tax citing work by the Nevin Economic Research Institute (NERI).
Although, the Minister for Finance projected wealth tax revenue at
between 400 and 500 so it is possible a wealth tax may raise
more than what's contained in the Fiscal Framework document.
The Right2Water trade unions acknowledged the governments
plans for tax reductions in future Budgets but said their fiscal
framework would enact policies that benefit those in most need by
addressing tax measures such as VAT, refundable tax credits and
other progressive tax measures.
View the full document here:
http://www.right2water.ie/sites/
default/files/media/R2W
%20Unions%20Fiscal
%20Framework
%20Document.pdf
SEAI Energy Community Network has
Potential to Influence Up to 500 Million
Energy Spend
Network Has 55 Members and Rapidly
Gaining Momentum
Media Release
30th November 2016: The Sustainable
Energy Authority of Irelands (SEAI)
sustainable energy community network now
has 55 member organisations from across
the country, committed to working together
as a national movement towards a low
carbon future. The sustainable energy
communities (SECs) aim to influence a
collective energy spend of approximately
500 million within their communities,
making them more sustainable through
energy efficiency and renewable energy
projects. Minister for Communications,
Climate Action and Environment, Denis
Naughten TD spoke at the first national
meeting of the network in Longford on
Saturday and heard first hand of the work of
network members to date. Many of the
communities have already completed energy
upgrades to homes, schools, sports and
parish facilities and business premises. The
more advanced members are investigating
options for community led renewable energy
projects at small and larger scales.
Speaking at the event Minister Naughten
said: The Energy White paper firmly
positioned the citizens and communities at
the heart of Irelands transition to a low
carbon economy. With Ireland currently
spending 4.6 billion a year on fossil fuel
imports, SEAIs sustainable energy
future.
Full List of Sustainable Energy Community
Network Member Organisations
Aran Co Op
D21
Transition Kerry Coiste Cultur Teanga
Agus Forbatha Thuar Mich Edaigh Teo
Claremorris & Western District Energy Co
Op Cloughjordan Ecovillage
Inishbofin Island Ballyhoura Development
Ltd
St Catherines Cultural Centre, Kinsale, Cork
Lrionad Acmhainnt Ndrthallanteo
Lanesboro Village, Longford Shrule
Community
Udaras Community ProjectCarbery Housing
Association, Skibbereen
Galway City Council
CRES Templederry
Polecat Group Roscommon Water Scheme
Kerry County Council
Terenure Blackwater Garden Centre,
Youghal
Forbairt Chonamara Lir Teo Curry
Community Hydro Co Ltd, Sligo
Carrigaline Tidy TownsCluid Housing
Association (Nationwide)
ECTC - DUET North Leitrim SEC
Collaborative Ways Forward Galway
Abbeyleix Tidy Towns / Abbeyleix ABC
Drogheda energy group
Energy Cork
Wicklow SEC Kerry Sustainable Energy
Coop
Ecomerit, Wexford Dungloe Community
Network
regimes.
The programme was designed to produce
outputs to assist regulators both North and
South - in fulfilling their statutory roles
regarding impact assessment and regulation of
any potential UGEE operations in Ireland.
The two key questions posed for the research
programme were:
X Can UGEE projects/operations be carried out
in the island of Ireland whilst also protecting
the environment and human health?
X What is best environmental practice in
relation to UGEE projects/operations?
The work has now concluded and the reports
and associated data, information and
assessments provide a technical and evidencebased framework in which to consider the
potential impacts on the environment and
human health from UGEE projects and
operations, including construction, operation
and aftercare. The work will also, as stated in
the Governments White Paper on Energy,
help inform policy in this area but in the
context of the objective of achieving a low
carbon energy system in which the use of oil
and gas is gradually curtailed and, in the
longer term, is eliminated from our energy
mix.
The EPA will continue to provide the necessary
scientific and technical support through its
(72pages)
X Final Report 2: Baseline Characterisation of
Seismicity (197 pages)
Summary Report 2: Baseline
Characterisation of Seismicity (52
pages)
Final Report 3: Baseline Characterisation of
Air Quality (93 pages)
Summary Report 3: Baseline
Characterisation of Air Quality (28
pages)
Final Report-4: Impacts & Mitigation
Measures (649 pages)
Summary Report 4: Impacts &
Mitigation Measures (32 pages)
Final Report 5: Regulatory Framework for
Environmental Protection (250 pages)
Summary Report 5: Regulatory
Framework for Environmental
Protection (36 pages)
UGEE Joint Research Programme
Integrated Synthesis Report (72 pages)
Extract from Conclusions Section of
Integrated Synthesis Report of UGEE
Joint Research Programme
The UGEE Research Programme has
examined the process, impacts and mitigation
measures associated with hydraulic fracturing
around the world. International regulatory
http://www.epa.ie/newsandevent
s/news/name,61531,en.html
populist politics.
Meanwhile, a spokesperson for the
Right2Water campaign said the report does
not represent a victory but said there is much
to be welcomed, in particular the holding of a
referendum to protect ownership of water in
the constitution.
Speaking on RT's Today with Sean O'Rourke,
Brendan Ogle said progressive taxation is the
best way to pay for water, saying that
hundreds of millions of euro has been wasted
on reaching that conclusion.
He described water meters as having been
"rammed down people's necks" and said the
"whole thing has been a sham".
Mr Ogle said the report has demonstrated that
households in Ireland are not wasteful when it
comes to water, saying they use up to 25% less
than water users in the UK.
P
1
1
A member of the Assembly of Wales yesterday
suggested that the Irish government could
provide EU funding to improve a Welsh
motorway after Brexit.
David Rowlands, UKIP Assembly Member for
South Wales East, made the suggestion in a
parliamentary question to First Minister of
Wales Carwyn Jones yesterday.
First Minister, given that a large proportion of
all Irish exports, both to the UK and the EU,
pass along the M4 motorway, will the First
Minister explore the possibility of part of the
costs for the M4 improvement scheme being
borne by the Irish government, given that
http://www.independent.ie/busi
ness/brexit/ukip-politicianthinks-ireland-should-pay-forwelsh-motorway-with-eu-funds35257292.html
http://www.independent.
ie/business/farming/eu/
beef-sector-will-be-thebig-loser-on-trade-deals-
35233480.html
'The UK governments
interpretation of Brexit
vote is undemocratic
1
Former Taoiseach John Bruton. Photo:
by Claire Greenway/Getty Images
Former Taoiseach John Bruton has said
that the UK government has interpreted
the Brexit vote to mean a decision to
leave the European Economic Area, a
move that is undemocratic he says.
Since the Referendum, the UK
government has, retrospectively,
http://www.independent.ie/busi
ness/farming/eu/the-ukgovernments-interpretation-of-
brexit-vote-is-undemocratic35251123.html
charges.
AAA-PBP TD Mick Barry accused the Government of
attempting a stitch-up by appointing Mr Cidigh as
chairman of the committee of 20 TDs and senators who
will deal with the report of the expert commission
established to make recommendations for a sustainable
model for water services.
Meanwhile, new figures reveal that at the end of
September, a total of 12,232 customers contacted Irish
Water to avail of the free leak investigation under the
scheme.
FF know only too well that if they brought back water
charges they would be facing charges of a different kind.
Poisoning the Irish people for too long with HFSA. That's
why water charges have gone for the moment. I will have
a bale of receipts ready for when they return. Then
consumer rights supply of goods act 1980 will be used.
Water containing HFSA is not fit for purpose and of
merchantable quality. I will never pay for something I can't
use. That goes for through general taxation. I pay Lidl/Aldi
268+ a year for water that's safe. When FF/FG coalition
decide to bring back water charges they will make sure
HFSA is not in the water. If it is. Then it will all come out
how FF started poisoning the Irish people in 1964 and FG
and Labour continued the defunct practice of fluoridation.
DCC and CCC among others voted to make it illegal to
fluoridate water with HFSA. Holland and other countries
made it illegal too. Why? It's illegal because it is a drug
and is poisoning under legal law. 1997 non fatal offences
12.1 Poisoning. Do you consent to HFSA being added to
your water? If not then you have been poisoned.
water tax scam, wham almost defeated by people power
https://www.facebook.com/rita.cahill3
Greens welcome
water charges
report
Updated / Nov. 29, 2016
Paul Murphy
35 35 Retweets43 43 likes
Coveney rejects
'back-door' water
charge claims
Updated / Nov. 29, 2016
ces/Report-of-Expert-Commission-onDomestic-Public-Water-Services.pdf