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Enda puckers up, while

Donald bends over

Bowl of shamrock in hand, the
Taoiseach packs for his White House
visit, damned if he does and if he doesn't

Gene Kerrigan Twitter


Click to enlarge
You'd almost feel sorry for Enda Kenny. If he
bends to kiss the ample hindquarters of
Donald Trump, we'll sneer at him.
But if he stands tall and treats Trump as he would any self-
confessed sexual predator, he'll be accused of endangering
the economic well-being of the nation.
Our culture values truth above deceit, courage above
timidity, honesty above hypocrisy.

Revenue took property tax from

wages of 68,000 people who
didnt pay
The compliance rate for the past two years has been 95%.
Feb 5th 2015,
ALMOST 68,000 PEOPLE had mandatory local property tax
(LPT) deductions from their wages or pensions over the past
two years, according to new compliance figures from Revenue.
The overall compliance rate for the payment over 2013 and
2014 stands at 95%, and raised a total of 780 million from
1,850,000 homes.
However, the 491 million raised last year was slightly below
The Budget 2014 forecast assumed that prepayments in 2014
of 2015 LPT liabilities would be similar to the significant pre-
payments for 2014 liabilities, the Minister for Finance
previously explained.
The compliance rate is 2015 currently stands at 84%.
Revenue is currently working through 28,000 items of LPT
correspondence and will be moving on to compliance activity
in respect of 2015 LPT by the end of February, a statement
today read.
For property owners who have not yet complied with their
2015 LPT obligations, it is therefore in their best interests to
make payment arrangements now.
Revenue also noted that a total of 41 million in Household
Charge arrears since it took over collection of the payment.
Revenue sent 282,000 compliance letters over the course of
2013 and 2014, resulting in 67,800 people seeing the tax
deducted directly from their wages or pension.
The number of homes mis-valued was relatively small, with
7,800 homes being recalculated either by Revenue or by the
homeowner themselves.
A two-day extension was granted to the LPT deadline last
month following a very large volume of calls to the Revenue
Department of Finance
Property Tax Yield

Taoiseach: Donald
Trump's late night tweets
are 'unusual to put it
Enda Kenny will consider inviting
Trump to visit Ireland

Niall O'Connor Twitter

Donald Trump, inset Enda Kenny
Taoiseach Enda Kenny has commented for the
first time about US President Donald Trumps
use of social media, describing his late night
tweets as unusual to put it mildly.
Mr Kenny described Mr Trump as a different personality
but insisted once again that he will visit the controversial
figure in the White House during St Patricks week.
Speaking in Malta on Friday, the Fine Gael leader admitted
that he will consider inviting Mr Trump over to Ireland for a
return visit.
Asked about Mr Trumps use of twitter to raise issues on
international relations, Mr Kenny replied: Well its unusual
to put it mildly.
He added that Mr Trump is issuing executive orders based
on pledges he made during the Presidential election
Thats his way of operating as President, Mr Kenny told
On the issue of whether he will invite Mr Trump to Ireland,
Mr Kenny indicated that he will consider such a move ahead
of the White House visit.
Mr Kenny made the comments during a break in an informal
EU summit in Malta. He said it was his first time in the
He said that the sentiment in the room was not personalised
towards Mr Trump.
I have to say most of the contributions were not anti
American and were not personalised towards the President,
the Mayo politician said.
But we're looking at the question of how you have a unified
approach of the European Council to working with the
American administration taking into account the standard
and credibility and relationship it has had with the United
States over many years. I pointed out the particular long
association we have had ourselves over many years.
The first session was attended by British Prime Minister
Theresa May, who briefed the EU heads of state about her
visit to meet Mr Trump in Washington.
Mr Kenny said that the issue of the border was raised during
discussions between him and other EU heads of state in light
of Brexit.
Illegal Irish terrified of
sudden 'round-up' in
Trump's US
Immigrants change phone numbers and
move apartments to guard against dawn
Mark O'Regan and Cormac McQuinn

Executive order: Trumps decrees are causing concern. Photo: AP
Undocumented Irish in the US are terrified
there is going to be a sudden "round-up" of
illegal immigrants by the authorities.
Some have already changed their phone number in a bid to
protect themselves from a dawn swoop.
Parents of young families are especially concerned, fearing a
'doomsday scenario' might leave them separated from their
And in a chilling development, anybody with even a "minor"
criminal conviction has now been advised not to return to
Ireland before seeking legal advice - even if they are a Green
Card holder - amid growing fears they may not be allowed
back into the US.
It comes as concerns mount for the estimated 50,000
undocumented Irish people in America following Donald
Trump's new deportation and immigration crackdown.
The president has also announced plans for the authorities to
publish a weekly list of crimes committed by illegal
immigrants, claiming it would "enhance public safety".
Kieran O'Sullivan, an immigration and US citizenship
counsellor with the Irish Pastoral Centre in Boston, said Mr
Trump's hard line on immigration would drive the
undocumented Irish "further underground".
"Life was difficult for them anyway - it will be even more so
now. In the past, we've lost some undocumented people to
depression and suicide. It wouldn't be huge numbers, but all
this added pressure will lead to even more isolation and
loneliness," he said. "Everything that's going on is
contributing to an increased level of fear."
Mr O'Sullivan added there was a growing sense of fear and
foreboding not only among the undocumented but among
Green Card holders.
"People are scared. There are people here with children, and
they're afraid of what's going to happen. Could immigration
officials turn up at their house some evening?
"In some cases, the children don't know that the parents are
"The kids are asking questions at the dinner table in the
evening about this topic; parents are forced to keep their
status to themselves.
"It's tremendously stressful for them. We've had parents
come to our clinics asking what will happen to their children
if they are picked up. They're asking if they'll be detained," he
"A lot of the undocumented are driving on either Irish or
international licences. The fear of being pulled over is
enhanced - because they feel there's now a greater likelihood
it could mean they get turned in.
"Legal, permanent residents, who may have some old
convictions, should check in with one of the Irish centres in
the US, and speak to an attorney before leaving America to
visit Ireland. There are concerns among the legal community
that some residents may have cause to be worried, if they
have old convictions on their records."
Mr O'Sullivan said that in general the "atmosphere has
dramatically worsened" for immigrants in recent weeks.
He highlighted one case in which a fearful immigrant moved
apartment and changed his phone number.
"Rumours were doing the rounds of some round-ups in
certain areas," he added.
"That fear will continue to be there, until such time that we
can convince the Trump administration to fix the system.
"We need some sort of reform. There are good, hard-
working, tax-paying people here, filling jobs that the
Americans won't do."
Leslie Alcock, executive director of the Irish Immigration
Centre of Philadelphia, said it had experienced a 200pc surge
in general calls in the space of three days.
"So much is unknown. Are there going to be raids again? Are
people going to be directly targeted? There's just so much
uncertainty, and as a result of that so much worry," he said.
"People are glued to the news in terms of what might happen
next. Everyone is still reeling and in shock. People are trying
to find practical things they can do - so that they can try and
feel more secure. The undocumented are the most
vulnerable, but the fear is across the board."
Meanwhile, Foreign Affairs Minister Charlie Flanagan said
he was "optimistic" that immigration reform would be
pursued by Congress in 2017.
"I can assure the undocumented Irish that as a Government
we are doing everything we can to advocate for relief and a
path to legalisation.
"I raised the issue at every meeting I had in Washington and
we will continue our work until this matter is resolved.
"This affects families in my own constituency so I am well
aware of the distress it is causing to families on both sides of
the Atlantic, and I am committed to finding a solution," he

Let's hear trumpets over

declining gap between rich
and poor
Poverty, deprivation and inequality are
all down, but keeping the momentum
and staying on the right track will be
tough, writes Dan O'Brien
This following statement is from an IMF
country report published last week about the
post-crash period. "Income inequality
deteriorated markedly, with the top 20pc of
the population earning almost 7.5 times as
much income as the bottom 20pc."
The report looks at an economy that enjoyed more than a
decade of very high growth up to 2008, much of which was
driven by construction. That same economy was then hit by
one of the deepest recessions that a developed country has
ever experienced.
The country under the IMF's microscope last week was
Spain, not Ireland. The dismalists in Washington have never
written anything of the sort about this country because
Ireland has been very average in European terms when it
comes to how income is distributed - according to the latest
data from the CSO, the top fifth of earners in Ireland had
incomes 4.7 times the lowest fifth, a much narrower margin
than in Spain.
Despite a widely held misconception, perpetuated by
ideologues and populists who position themselves as
Trumpian defenders of 'the people', income (and wealth)
inequality in Ireland has been very stable for as long as it has
been measured. That has been the case despite an economy
that has been rollercoastering for many decades and despite
trends in some other rich countries which have seen
inequalities rise over the past 30 years.
The latest figures on living conditions in Ireland, published
last Wednesday by the CSO, included, as it happens, two
measures of income inequality - one comparing the incomes
of the bottom and top fifths of earners, the other using a
more complicated measure known as the 'Gini coefficient'.
Both measures showed that income inequality fell in 2015
compared with 2014. By both measures, Ireland is now more
equal than the EU average. As Europe has the most equal
income distribution in the world, that puts Ireland close to
the top of the global equality rankings.
There was plenty more good news in the living conditions
survey, known as SILC. Poverty fell in 2015 and material
deprivation declined, too. Average incomes rose for almost
every group measured in the figures. And regional inequality
in incomes declined.
These findings didn't get much media coverage, as is often
the case with good news. Another reason the findings didn't
make headlines was because the improvements for the most
part were small, as such changes tend to be from one year to
the next in periods of stability. Only in booms and busts do
big movements in material living conditions tend to be
But the survey, which is by far the most comprehensive and
rigorous when it comes to living conditions, does show that
the healing goes on after a property crash that was just
beginning exactly 10 years ago. The figures also show that by
many material measures, it will take until the next decade
before the healing process is complete.
One of the most important takeaways from the data relates
to where the policy focus should be. Much of the discussion
among activists and ideologues is focused on measures of
material inequality. There is certainly good reason to pay
close attention to how income and wealth are spread. But it
is important to note that no democracy uses policy to try to
bring down inequality. Policy measures in free societies -
including the Nordic countries - instead target poverty and
There are very good reasons for this. The most important
reason is that distribution of income depends on a
bewildering array of factors. In some cases, very good
developments, which nobody opposes, can make societies
more unequal - while catastrophes, which no right-thinking
person would wish for, can lead to greater equality.
Consider an example of each. John and Patrick Collison are
twentysomethings from Limerick. They were not born with
silver spoons in their mouths. Now they are self-made
billionaires thanks to the phenomenal success of their
electronic payments start-up, Stripe.
These two young men went from being in a household with
an income level not very far from the national average to
having income and wealth levels enjoyed by only a handful of
people across the world. Although they now live in
California, if they moved home Ireland would instantly
become a more unequal society.
Would anyone wish they had not been so successful or that
they would not one day bring their talents home? Could
there be any reason why the benefits of their business to
wider society - in terms of employment, investment and tax
revenue - should be curtailed? Can anyone think of
downsides to their success, other than the skewing of the
inequality figures? The answer is surely no.
The opposite of wealth creation is wealth destruction. Few
things destroy wealth more effectively than wars. Recent
historical work on material inequality has found that one of
the most effective levellers of incomes and wealth is violent
conflict. That is because physical assets are blown up when
bombs start exploding, financial assets become worthless in
wartime and incomes are cut when big conflagrations break
out. Because, by definition, the rich have the most assets and
highest incomes, they also have the most to lose from wars.
Yet who would wish for war, with all its horrors, so that
incomes and material inequality could be reduced?
As the multifaceted and complex nature of equality does not
easily lend itself to policy interventions, governments don't
try to influence it - though almost every country redistributes
the incomes of the better off, via taxation, to those with less,
via health, education and welfare programmes.
There is, of course, always more that could be done to better
target anti-poverty programmes and there will always be
demands for additional resources. Education is probably
more important than any other factor over the longer term,
in both equality of opportunity and of outcomes. But
everything from well-designed welfare systems to effective
enforcement of competition policy (to keep the cost of living
down) all count, too.
The urban/rural divide
Average real incomes have risen by one tenth in rural areas
since the post-crash low point. That was more than twice the
increase in urban areas, according to last week's SILC data
from the CSO. As a result, the gap between the annual
incomes of rural and urban dwellers has shrunk from
10,000 at the height of the bubble to 5,000 in 2015.
It is also worth noting that the urban deprivation rate (the
share of the population who have trouble purchasing goods
and services that most people take for granted) has been
higher than the rural rate for every year bar one since
records began in 2004.
While deprivation rates fell considerably over the two years
from 2013 in both town and country, the decline has been
sharper in rural areas. In 2015, more than 26pc of people in
urban areas experienced deprivation compared with 24pc in
rural parts.
The education premium
The amount of schooling and studying one does has a direct
bearing on one's quality of life across almost every
dimension. Fewer than one in 50 people who have gone to
university lived in consistent poverty in 2015. For those with
the lowest level of educational attainment (primary school
only), the number in consistent poverty was eight times
Though more education almost always results in higher
incomes, the recession did some strange things. While the
real disposable incomes of the better educated and those
with lowest levels of education were still around one-tenth
lower in 2015 compared with 2008, those with Junior and
Leaving Certs only were down by more than one-fifth. That is
likely to reflect, at least in part, the disproportionate impact
of the recession on middle-skilled construction workers.
Golden years for grey generation
Older folk have never been better off. The CSO says that their
real disposable incomes reached all-time highs in 2015.
Those of working age have not been so fortunate - their
disposable incomes are still below the pre-crisis period.
The current crop of 65-pluses are in many ways a very lucky
generation. They are probably the last to be able to retire in
their mid-60s, have good pensions (in many, but obviously
not all cases) and live longer than any generation before
Their political clout also saw them avoid contributing to
savings in public spending when tax revenues collapsed in
the crash. This is to be seen in their consistent poverty rates,
which have remained in low, single figures throughout the
By contrast, working-age adults and children are four times
more likely to be in that unhappy state.
The full message-text of an email sent last Friday (February
3rd 2017) to Chief Justice Susan Denham can be viewed in
the sections below.
A slightly edited copy of the full email, which was copied to
several lawyers other than Chief Justice Denham, using the
same email, can be viewed at the following www location:
Also, an unedited "Gmail PDF" copy of the February 3rd 2017
email to Chief Justice Denham is available for viewing at:
=== === === === === ===
The formal complaint, was sent by registered post to The
Law Society of Northern Ireland last Saturday, January 28th
The text of a letter sent with the complaint, plus the text of
notes connected with the Complaints Form, can be viewed in
the sections below.
A SCANNED COPY of the FULL January 28th 2017 letter to
The Northern Ireland Law Society, which includes scanned
copies of the completed five-page Complains Form, can be
viewed at:
Scanned copies of the associated Post Office receipt, and of
the Post Office "Proof of Delivery" note, have also been
included at the www location just above.
Yesterday (February 2nd 2017), an acknowledgement of
receipt was received by me from Ms Mary Bradley, Executive
Officer, Client (Solicitor) Complaints Department at The Law
Society of Northern Ireland, for my above-mentioned January
28th 2017 letter. Ms Bradley's letter, dated February 1st
2017, also states that I will receive a "detailed response"
within the next 21 days.
A scanned copy of Ms Bradley's February 1st 2017
acknowledgement of receipt letter to me can be viewed at
the following www location:
=== === ===
To: Mr. John Mackell
Director of Client (Solicitor) Complaints
The Law Society of Northern Ireland
Law Society House
96 Victoria Street
Northern Ireland
January 28th 2017
Your Reference: JM/MB
Dear Mr Mackell,
Thank you for your letter dated November 14th 2016, and
the enclosures.
In connection with this complaint, I wish you to know that,
for a number of reasons, I have done my best to try to avoid
making it. Mindful, for example, of the suggestion "It is in the
interest of both you and the Solicitor that you try and resolve
any outstanding concerns about the nature of the work
between you", in Section 9 of the Northern Ireland Law
PROCEDURE" Complaints Form, I have delayed writing this
letter to you in the hope of finding some other means of
resolving my outstanding concerns, without the need to
formally complain to the Law Society of Northern Ireland.
However, and despite my best efforts to keep Ms Moley and
Mr McGuigan informed and updated regarding the several
outstanding legal, medical, financial, and social difficulties
that I continue to struggle with, I have not heard anything at
all from Ms Louise Moley, or from Mr Ronan McGuigan, since
the email and letter I received from McGuigan and Malone
Solicitors dated August 19th 2016, printed copies of which
have been placed in the enclosed A4 plastic pocket holder
marked H 13. There are also scanned copies of these two
items at the following www location:
My most recent attempt to communicate with Ms Moley and
Mr McGuigan can be viewed in the email I copied to both of
them dated December 29th 2016.There is a slightly edited
copy of the email in question at:
an unedited "Gmail PDF" version of the same email at:
Please find enclosed my completed CCF1 Law Society
Complaints Form, which together with related notes
consisting of six A4 sheets I have attached to the CCF1 Form,
have been placed in the enclosed A4 plastic pocket holder
marked H 14.
Within the coming few days, I intend to place a copy of this
letter on the www system which I hope will make it easier for
you to access the several www links contained in this letter,
and in other items of correspondence enclosed with this
letter. I will place the copy at the following www location:
Should there be any further information in connection with
this complaint that you need from me, please let me know
and I will do my best to provide you with it as soon as I can.
It would be much appreciated if you, or one of your
colleagues at the Northern Ireland Law Society, could please
let me have an acknowledgement of receipt for this letter.
Yours sincerely,
William Finnerty.
** ******** ****
Northern Ireland
*** ***
ENCLOSED: Please find enclosed a folder containing fifteen
A4 plastic pocket holders marked H 1 to H 15, the contents
of which are all listed on the A4 sheet that has been placed
in the holder marked H 2.
=== === ===
COMPLAINT FORM - Your personal details
NOTE #1 (RE: My telephone number):
Although I do have a telephone number, I only use it for
outgoing calls. This is because I wish to avoid receiving
unwanted and unhelpful calls from people who seem to have
little or no knowledge or understanding of the chronic PTSD
(Post Traumatic Stress Disorder) I am suffering from. I have
found that such people are inclined to say things to me in
conversations which exacerbate, sometimes in major ways,
the symptoms of this PTSD medical condition.
Evidence of this chronic PTSD condition I am suffering from
can be viewed in the enclosed copy of the "To Whom It May
Concern Letter" dated October 28th 2005 from Dr Michael
McCavert GP, who used to be my GP when I lived in Omagh.
The copy of Dr McCaverts letter has been placed in the
enclosed A4 plastic pocket holder marked H 15. Using two
registered letters, I have tried to get an updated version of
Dr McCavert's October 28th 2005 "To Whom It May Concern"
letter by writing to my present GP, Dr John Radcliffe, at the
Meadowlands Surgery in Newry. Unfortunately, and for
reasons unknown to me, I have so far not received any reply
of any kind from anybody connected with the Meadowlands
Surgery to these two letters. Scanned copies of the two
registered letters sent by me to Dr Radcliffe GP, dated April
26th 2016 and August 1st 2016, can be viewed at the www
locations provided just below:
Registered Letter #1 (April 26th 2016):
Registered Letter #2 (August 1st 2016):
I feel I should also inform you that on account of the fact that
I have a number of unresolved legal problems, Newry Daisy
Hill Hospital Consultant Psychologist Dr Elizabeth McMonagle
has informed me, on May 17th 2016, that I can not be
provided with "talking therapy" for the chronic Post
Traumatic Stress Disorder I have now been suffering from for
the past 17 years or so. The reason for this, according to Dr
McMonagle, and assuming I understood her correctly, is that
there is some kind of hospital rule which prevents the "Daisy
Hill Hospital Support and Recovery Team" from providing
such therapy for individuals who, like myself, are struggling
with unresolved legal problems. Additional information
relating to this ban can be found in the email dated May 26th
2016 that I sent to Northern Ireland First Minister Arlene
Foster LL.B, MLA, a Gmail PDF copy of which can be viewed
at the following www location:
You may wish to note that lawyer Louise Moley LL.B was
among those the email at the www address just above was
copied to, and that I sent it to her partly in the hope that
she, or one of the several other professional lawyers
included on the "Cc" list of the email, might provide me with
some legal advise on the legality of the ban on "talking
therapy" referred to in the paragraph just above. My
understanding is that decisions relating to this ban also
involved Newry's Daisy Hill Hospital Consulted Psychiatrist Dr
Mark McCauley, who I had two consultations with at Daisy
Hill Hospital some months before May 17th 2016.
=== === ===
Details of the solicitor you are complaining about
NOTE #2 (RE: Name of lawyers, the original law firm, and the
present law firm involved):
Louise Moley LL.B and Ronan McGuigan LL.B used to work for
McGuigan Malone Solicitors in Newry. I have reason to
believe that the law firm of McGuigan Malone Solicitors may
have shut down on November 1st 2016. As far as I know,
both Ms Moley and Mr McGuigan now work for the Newry law
firm of Fisher and Fisher Solicitors, which is located at the
following address:
Fisher and Fisher Solicitors
9 John Mitchel Place
County Down,
Northern Ireland
BT34 2BS.
=== === ===
Who is your solicitor acting for?
NOTE #3 (RE: My initial complaint letter, and four other
items of closely associated correspondence):
a) Please find enclosed a printed copy of my initial complaint
letter to Louise Moley dated June 23rd 2016, which was sent
to her through the registered post. It has been placed in the
A4 plastic pocket holder marked H 9. There is also a scanned
copy of it at the following www location:
b) A printed copy of the June 28th 2016 email reply I
received from Ronan McGuigan has been placed in the
enclosed A4 holder marked H 10.
Internet copy at:
c) A printed copy of my July 1st 2016 email response to
Ronan McGuigan's June 28th 2016 email to me has been
placed in the enclosed A4 holder marked H 11.
Internet copy at:
d) A printed copy of my additional response to Ronan
McGuigan's June 28th 2016 email to me, which I sent to him
through the registered post on July 13th 2016, is located in
the enclosed A4 holder marked H 12.
Internet copy at:
e) Printed copies of the McGuigan Malone Solicitors most
recent reply to me, consisting of an email and an attached
letter, both dated August 19th 2016, have been placed in
the enclosed A4 holder marked H 13.
Internet copy at:
=== === ===
Nature of Work and relevant issues
NOTE #4 (RE: the kind of legal work involved):
The legal work in question involves what I see as basic
principles and issues relating to the overall contents of the
UNION, which I understand came fully into force in December
2009. For several years now, I have been particularly
interested in the basic principles "of being advised, defended
and represented", as stated in the text of Article 47 of this
EU Charter. As I pointed out in Section 6 of my July 13th
2016 registered letter to Ronan McGuigan, referred to at d)
under NOTE #3 above, the text of Article 47 of this EU
Charter reads as follows:
"Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law
of the Union are violated has the right to an effective remedy
before a tribunal in compliance with the conditions laid down
in this Article.
Everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal
previously established by law. Everyone shall have the
possibility of being advised, defended and represented.
Legal aid shall be made available to those who lack sufficient
resources in so far as such aid is necessary to ensure
effective access to justice."
NOTE #5 (RE: When did you last instruct your solicitor?):
I last instructed Louise Moley using an email I sent to her on
December 23rd 2015. The instruction is reproduced in the
excerpt from my December 23rd 2015 email to her just
'If the manner in which Clanrye Properties are holding onto
my belongings (as outlined above) is not lawful, it would be
much appreciated if you could please take whatever legal
action you feel is appropriate, on my behalf, for the purpose
of enabling Niall Fitzpatrick and Michael Keenan to transport
my belongings from 31 Kilmorey Street to my present
temporary address. Niall Fitzpatrick and Michael Keenan
have both assured me that once "the way is clear for them",
they will act on my behalf regarding the transfer of my
belongings without any undue delay.'
A printed copy of the December 23rd 2015 email in question
has been placed in the A4 holder marked H 6. My instruction
to Louise Moley is on the 2nd paragraph of Page 2 of the
enclosed copy.
A full copy of my December 23rd 2015 email to Louise Moley
can also be viewed at the following www location:
In what was partly an attempt by me to try and remind
Louise Moley of my ongoing inability to find legal
representation of the kind which recognised my legal right
(as I see it) "of being advised, defended and represented", as
stated in the text of Article 47 of the CHARTER OF
addition, to try to point out to her some of the closely related
negative practical consequences, for me personally, of not
having any such legal representation, I sent another email
directly to her on January 18th 2016.
A printed copy of the January 18th 2016 email in question
has been placed in the enclosed A4 holder marked H 7. A full
copy of my January 18th 2016 email to Louise Moley can also
be viewed at the following www location:
On May 17th 2016 I received an email from Laura Salamin at
McGuigan Malone Solicitors together with an unsigned
attached Word document dated May 16th 2016 which stated,
among other things, we have "no live matters for you".
Printed copies of the McGuigan Malone Solicitors Word
document of May 16th 2016, and the associated May 17th
2016 email, have been placed in the enclosed A4 holder
marked H 8. Scanned copies of both items can be viewed at
the following www location:
You may wish to note that the belongings of mine referred to
above (which are being held by Mr Patsy Heaney of Clanrye
Properties) have not been returned to me.
NOTE #6 (RE: How are you paying for the work?):
I signed papers during my October 19th 2015 meeting with
Louise Moley which I believed would have enabled her to
receive legal aid payments for the legal work she did for me,
subject (I assume) to approval by one or more of the three
separate legal aid schemes which I understand are in use in
Northern Ireland.
=== === ===
Your complaint
NOTE #7 ("The Facts"):
I first visited Louise Moley's office on October 19th 2015,
basically for the purpose of trying to find a professional
lawyer who 1) recognised the factual existence of the
UNION, and 2) had the ability and the willingness to use it on
my behalf for my benefit and protection. I took with me a set
of six A4 sheets of "marked up" papers, which I left with her,
containing information relating to a selection of the overall
set of legal, medical, financial and social difficulties I was
experiencing at the time. Close to identical copies of the set
of six A4 "marked up" sheets in question have been placed
in the enclosed A4 holder marked H 3. My very clear
understanding, at the end of my October 19th 2015 meeting
with Louise Moley, was that she would give further
consideration to the matters I had discussed with her during
the hour-long meeting I had just had with her; and, that at a
later date, she would advise me further regarding the overall
set of legal matters and issues in question. To date, I have
not received any legal advice from Louise Moley regarding
any of the legal matters and issues I raised with her during
my October 19th 2015 meeting with her.
There is also an Internet copy of the set of six "marked up"
A4 sheets referred to in the paragraph immediately above at
the following www location:
During the three month or so period immediately following
my October 19th 2015 meeting with Louise Moley, I sent the
four items of correspondence listed just below, which were
addressed primarily to her: a) partly for the purpose of
keeping her informed regarding my changing situation, b)
partly to keep her informed of my own personal efforts to try
and resolve the difficulties I was experiencing, and c) partly
in the hope that she would provide me with legal advice and
representation regarding the matters in question. Copies of
the four items of correspondence have been placed in the
enclosed A4 holders listed below:
H 4) Registered Letter dated November 5th 2015: "Request
for additional legal advice" (Sent by W. Finnerty).
Internet copy at:
H 5) December 14th 2015 PDF Email: "File to be submitted to
the PPS (Public Prosecution Service)" (Sent by W. Finnerty).
Internet copy at:
H 6) December 23rd 2015 PDF Email: "Belongings of mine
being held by Clanrye Properties" (Sent by W. Finnerty).
Internet copy at:
H 7) January 18th 2016 PDF Email: No "Right to an effective
remedy in practice?" (Sent by W. Finnerty).
Internet copy at:
There are also a number of additional emails, addressed
primarily to people other than Louise Moley, which I copied
to her by including her address in the "Cc" recipient lists, for
reasons similar to those related above in this section. Copies
of most of these other emails, not referred to directly in this
January 28th 2017 letter, are available in the list provided on
the front page of the web site at the following www location:
An additional, and an entirely new set of legal problems very
suddenly arose for me on November 16th 2015, which
involved a murder attempt on my life at 31 Kilmorey Street,
Newry . In connection with this event, I instructed Louise
Moley in the manner related in my December 23rd 2015
email to her, which is referred to under NOTE #5 above.
From my viewpoint, it appears that Ms Moley never took any
action of any kind on my behalf regarding the instruction of
mine contained in the 2nd paragraph of Page 2 of my
December 23rd 2015 email to her.
In a general way, my complaint against Louise Moley, and
Ronan McGuigan, is that instead of providing me with the
kind of legal representation I sought from McGuigan and
Malone Solicitors, they 1) failed to provide it, and 2) appear
to me to have decided to threaten me with legal action
relating to defamation when I sent my "First Step of Law
Society's Complaints Procedure" to Louise Moley by
registered post on June 23rd 2016 (a copy of which has been
placed in the enclosed A4 holder marked H 9). Evidence of
this threat to take legal action against me can be found in
the copies of the two letters referred to at b) and e) under
NOTE #3 above. The threats, in both items of
correspondence, the first dated June 28th 2016, and the
second dated August 19th 2016, appear in the final
paragraphs of the letter texts. Printed copies, and Internet
copies of both items, have been placed in the enclosed A4
holders, and at the www locations listed just below:
H 10) June 28th 2016 "Your Case" (Sent by Ronan McGuigan).
Internet copy at:
H 13) August 19th 2016: "RE: YOUR COMPLAINT (Louise
Moley Email) / PDF Attachment (pp McGuigan Malone).
Internet copy at:
NOTE #8 ("Reasons for your Complaint"):
Allowing for the threats of legal action that have been made
against me, referred to above under NOTE #7, and which
have NOT been withdrawn, I do not now know how I can
safely go about trying to find a professional lawyer of the
kind who 1) recognises the factual existence of the CHARTER
has the willingness and the ability to use it on my behalf for
my benefit and my protection.
I feel I should point out to you that I have already contacted
the Northern Ireland Minister of Justice Claire Sugden MLA
regarding the general set of problems associated with the
contents of the paragraph immediately above. A scanned
copy of my registered letter to her dated August 24th 2016,
can be viewed at:
A scanned copy of Minister Sugden's reply to me, dated
September 5th 2016, can be viewed at:
In addition, there is a scanned copy of a very closely related
letter dated September 20th 2016 from Mr Sean Kerr, Private
Secretary to Northern Ireland Minister of Finance Mirtn
Muilleoir MLA at:
As can be seen at the www location immediately above, the
Sean Kerr letter appears to suggest (to me) that my very
long-standing and extreme difficulty with trying to find a
professional human rights lawyer, or law firm, that 1)
recognises the factual existence of the CHARTER OF
has the willingness and the ability to use it on my behalf for
my benefit and protection, should best be directed to The
Law Society of Northern Ireland, and not to Justice Minister
Sugden, or to Finance Minister Mirtn Muilleoir MLA.
Before I make any further attempts to find legal
representation for myself, this is a matter I would very much
like to have clarified by The Law Society of Northern Ireland
NOTE #9 ("Solution you would prefer"):
The solution I would prefer is that I be provided with the
services of a professional lawyer who 1) recognises the
factual existence of Article 47 of the CHARTER OF
willing and able to use it on my behalf for the purpose of
providing me with "an effective remedy" for the large and
steadily growing set of legal, medical, financial and social
difficulties I am at present struggling with, and which I have
already been struggling with for a period of several years
=== === ===
JANUARY 28th 2017
=== === ===
Please find a scanned copy of the acknowledgement of
receipt dated February 1st 2017 from The law Society of
Northern Ireland attached:

Secret dignified deaths are carried

out all over the country by medics'
Gail O'Rorke is the only person to stand
trial for assisted suicide but she believes
she is not alone, writes Kevin Doyle
Kevin Doyle Twitter

Support: Gail ORorke with junior minister John Halligan, who
introduced a Right to Die bill in the last Dail. Photo: David Conachy
As she waited for the book to be thrown at her,
Gail O'Rorke studied the faces of the 12 jurors
who would
The 45-year-old was "afraid" of the younger members who
"may not have witnessed a parent or a loved one going
through that the kind of death".
But then again the older jurors were more likely to have
religious beliefs that would see her judged not only in the
eyes of the court but also by God.

1bn cost of hospital 'must

be explained'

Cormac McQuinn Twitter

An artist's impression of the new National Children's Hospital
The spiralling bill for the new National
Children's Hospital - now expected to cost at
least 1bn - must be explained, Labour health
spokesman Alan Kelly has said.
Kelly has demanded that Health Minister Simon Harris tell
TDs why the cost has risen by more than 300m from an
estimated 650m now that the preferred bidder to build the
hospital has been selected.
He said that the ultimate cost will be 1.2bn after the
hospital is kitted out with equipment and IT.
Kelly warned that other capital spending in the health service
may suffer as a result and raised fears about funding for the
planned National Maternity Hospital. He called on Harris to
make a statement to the Dail setting out "why these costs
have escalated" and "whose fault it is".
Increased construction costs due to the improving economy
have been blamed for the rising cost of the project, which has
a controversial history.
A site at St James's Hospital was selected after a previous
location at the Mater Hospital was rejected by planners.
Campaigners still argue it should be located at Connolly
Hospital, in Blanchardstown.
The Irish Times reported that building firm BAM Ireland has
been selected as the preferred bidder for the project. That is
subject to a 14-day cooling-off period in case of objections or
legal hurdles.
A Department of Health spokesman said that the children's
hospital board completed an evaluation of tenders for
construction work that includes two offshoot care centres in
Connolly and Tallaght hospitals.
Proposed costs are included in a business case to be reviewed
by the HSE and the department before being considered by
the Government in the coming weeks. The department
continues to work to "ensure that we deliver the world-class
Kelly has demanded that Health Minister Simon Harris tell
TDs why the cost has risen by more than 300m from an
estimated 650m now that the preferred bidder to build the
hospital has been selected""
Kelly questioning Harris for more Clarity??
Further proof that the career politicians we have in Ireland are completely
incapable of getting anything right.
We should have Ministers on half the salary and expenses they are on, and
then pay them the balance on their rate of achievement at the end of their
Would you trust anyone who selected St. James as a suitable site for the
new children's hospital, to get the best price available. What's the betting
the price will rise ever higher before a sod is turned. Water fiasco all over

Bertie Ahern reveals

George Bush called Gerry
Adams a 'murdering thief' Newsdesk Twitter


U.S. President George W. Bush waves to supporters as he walks with
Irish Prime Minister Bertie Ahern (L) and U.S. Speaker of the House
Dennis Hastert (R) from the U.S. Capitol, March 15, 2001.

Former US President George Bush labelled

Gerry Adams a "murdering thief" - Bertie
Ahern has revealed.
The former Taoiseach used the example of how Mr Adams
was referred to by the US President to explain why it is
absolutely necessary for Enda Kenny to visit the White
House on St Patrick's Day.
Mr Ahern recalled the occasion when he visited Washington
in 2001 for his first St Patrick's Day visit with President

Gerry Adams,TD,the Sinn Fein leader

In his column in today's Mail on Sunday, Mr Ahern writes of
the meeting with Mr Bush.
He wrote that Mr Bush said: "How about this guy Adams, my
guy said he's a 'murdering thief'.
"I had to work hard to explains to him that yes, Gerry Adams
had a past that was to do with the conflict and the IRA. But
that we were making a lot of progress and there were a lot of
reasons for that."
Mr Ahern said that he could not have explained the
complexities of the situation was over the phone and the St
Patrick's Day access to the POTUS meant he could.
He said it is a must that Enda Kenny meets Donald Trump in
the White House on St Patrick's Day despite opinions on his
The former Fianna Fail leader says there is no question that
the current taoiseach should make the journey to
Washington for the occasion as the access to the American
President is unparalleled in Europe.
He recalled how he met Russian President Vladamir Putin
and Libyan dictator Muammar Gaddafi while in power as
Taoiseach and said it was necessary to meet with different
administrations event if the policies of countries differ.
"As Taoiseach I met the US president of the day for 10
consecutive years, so I have a keen understanding of the
magnitude of the importance of the visit.
"Leo Varadkar would have you believe there is nothing of
substance other than the bowl of shamrock presentation. But
then Leo was never there."
Mr Ahern said he felt the wall concept for Mexico was unfair
on the country and had no benefit for the US and that the
executive ban on refugees was in contravention of the
Immigration and Nationality Act of 1965.
USA Remembering the Immigration Act of 1965: ... broadly
amending the Immigration and Nationality Act of 1952. ...
The explosion of illegal immigration,
Immigration, Asylum and Nationality Act 2006 ... Republic of
Ireland). ... terrorism and illegal immigration,

inserted by section 34 of the 2016 Act), a person commits the

offence of illegal ... Ireland, the offence carries ... 15 of the
Immigration, Asylum and Nationality

Immigration, Asylum and Nationality Act


Nationality Act of 1965 ... Irish Famine 11.Immigration and

Nationality Act of 1965 12.Arizona v. United States 13.Chinese
Exclusion Act 14.Illegal Immigration ..
Immigration Act 2014 ... 11 Biometric immigration
documents ... After section 78 of the Nationality, Immigration
and Asylum Act 2002,
McCarran Walter Act (Immigration and Nationality Act of
1952) ... C. Illegal Immigration Reform and Immigrant ... J. Irish
Peace Process Cultural
The Accession of Croatia (Immigration and Worker Authorisation)
Regulations 2013

Immigration Act 1971
A Nation of Immigrants John F. Kennedy

Discussion Guide for Secondary Level Educators
these excuses for why illegal immigrants are severable
immigration, mostly Catholics from Ireland and Germany,
Immigration and Nationality Act of 1965,

Mayo council rapped

on use of Shell funds
Valerie Flynn
February 5 2017, 12:01am,
The Sunday Times

Shells Corrib project was opposed by many locals in Mayo


An official audit has criticised Mayo county councils

management of an 8.5m fund provided by Shell for
the benefit of the local community near the Corrib gas
The council allocated 451,000 of the fund to itself,
with allocations made by evaluation boards that were
either entirely made up of staff from Mayo county
council, or the majority of members on the evaluation
board were from Mayo county council, the local
government auditor said.
He called on the council to consider whether this
represents best practice.
The auditor also found that formal written procedures
setting out the allocation process were finalised only
in July 2014 and there was no external member on
the evaluation committee before that date.
Nevertheless, significant monies were paid from
Castlebar still licking up the crumbs

Why I voted for the Land and

Conveyancing Bill
by STEPHEN on Jun 28, 2013 2:15 pm
1 Comment
A few weeks ago, I voted for the Land and Conveyancing Bill. One of the things
this Bill did was reinstate the law, whereby lenders could take possession of
properties in cases on non-payment of a mortgage. I have been one of the
leading advocates for individuals and families in mortgage distress, and so some
people have contacted me to ask why I would vote for such a Bill.
The Bill has two parts. Part I reinstates the law allowing banks take possession of
properties. This mechanism was mistakenly deleted from a previous piece of
legislation, and provided a period when banks couldnt repossess houses. On the
face of it, it might seem like a great idea to disallow banks from repossessing
peoples homes. However, if that were to remain the case, then no bank would
ever provide a mortgage again. I believe people should be able to own their own
homes in fact, I believe it is highly desirable, and that Irelands high level of
home ownership is to be celebrated and protected. Had Part I of the Land and
Conveyancing Bill not passed, there would be no new home ownership in Ireland.
Given, then, that repossession is a necessary evil for home ownership, the
question is how do we best protect family homes. This is where Part II of the Bill
comes in. As the law stood, judges did not have discretion in stopping a bank
taking possession of a family home. They could adjourn the case for a few weeks
or months, but had to enforce the possession order. In 2011 I published the
Family Home Protection Bill in partnership with Ross Maguire, co-founder of New
Beginning. Our Bill would give judges that much-needed discretion. It is the view
of those involved in protecting families from repossession that such a change to
the law would fundamentally change the level of protection in favour of the
Part II of the Land and Conveyancing BJill is essentially the Bill Ross and I tabled
in 2011. We have been working behind the scenes to have this enacted into law.
It is a radical change to the law, and I am extremely proud that we have
I will continue to work to protect those in mortgage distress, to keep them in their
homes where possible and to ensure that high levels of home ownership
continues to be a characteristic of our country. I am doing that at a case by case
level in Wicklow, and at a legislative and policy level in Dil ireann. Voting for
this Bill was one part of that work.

You can read the Land and Conveyancing Law Reform Bill 2013 here.
You can read my family home protection bill here.

I'm more concerned about the

future of the country now than I
was when I first got into politics"
Last of three new bills being formally
introduced to today: and 's bill to outlaw
ticket touting

Beg pardon, mea culpa, there's one more: 's legislation to

stop otherwise healthy companies winding up their pension

Statement from after announcement of all-out Bus

Eireann strike from Feb 20

TL;DR: Please don't do it

I had my reasons for joining FF
It wasnt done lightly
by STEPHEN on Feb 5, 2017 1:24 pm
No Comments
Everybody hates you. I was warned not to look at social media, but you know
how it is. So when curiosity got the better of me and I opened Twitter on my
phone early Friday morning, they were the first three words I read.
On Thursday I joined Fianna Fil, and was appointed spokesperson on Brexit.
The reaction on social media was a tsunami of abuse. The satire was at the most
cutting edge of Irish wit. Some public figures I greatly admire shook their heads,
publicly. A Kenyan friend of mine WhatsAppd me from Nairobi a Wicklow
resident she knows had been in touch to see if she might intervene (true story).
The questions at the press conference in the Dil were delivered with a certain
professional glee, and they were straight to the point Why, given the myriad of
criticisms youve made over the years of Fianna Fils role in the crash, are you
now joining them?
And theres the obvious human question Why, when you couldve stayed safely
on the Independent benches, would you invite such a torrent down upon
yourself? I had, after all, a pretty good idea of how some would react, and its a
deeply unpleasant thing to experience. I did what was hands down the worst
interview of my six years in politics, on RTEs Drivetime. I struggled to address a
strong criticism of Fianna Fil it was being insisted I had made. I paused (never
pause). I said I didnt know where the quote was from (never do that). I said it just
didnt sound like my language (stop digging), and was told it was from my own
website (car crash). The clip was put online by Drivetime and devoured by an
online hoard. That sanctimonious ass (me) was getting his just deserts (and in
fairness, I had it coming).
As an aside, I checked the source afterwards and as I suspected, it wasnt my
language. I had been quoting a third party from a conversation back in 2011, who
was reflecting that a culture associated with Fianna Fil during the bubble would
invariably now be seen in the incoming Fine Gael / Labour Government. But it
doesnt really matter, because the basic charge being levelled was the same one
put repeatedly on Thursday I was joining a political party I had been highly
critical of in the past. And that charge is both accurate and fair.
So why do it? Right now, in spite of some genuine progress, Ireland is being
driven in broadly the same direction that we see fracturing parts of Western
society. This fracturing is giving rise to events like Brexit, American isolationism
and the growth of far right-wing politics across Europe. If we continue down our
current path, that fracturing will happen here, and arguably already is. And even if
it doesnt happen, these international events already pose the greatest economic
threat Ireland has faced in decades.
Given this, the best way forward, for me, is to work with a strong political team,
who I believe want to steer Ireland in a better direction, and who have the ideas,
the ambition and the capability to navigate the choppy waters ahead. Based on
the social and economic thinking and policies being put forward, I believe Ireland
would be better served by a Fianna Fil-led government than by a Fine Gael-led
I have levelled numerous criticisms at Fianna Fil. I stand by those statements,
and believe that policy decisions taken from about ten to fifteen years ago
contributed significantly to the crash. But Ive equally criticised Fine Gael and
Labour, and believe that policy decisions they made in the last Dil contributed
significantly to unnecessary damage caused to so many people during the
recession. So no matter what party I might join, it would be one whose policies I
have been critical of, and I would, absolutely correctly, be held to account for
what I had said about them previously.
But that discomfort pales in comparison to what matters in Ireland today. Nearly a
decade on from the crash, Ireland should be in clear blue waters. We should be
enjoying a gradual return to a stable and shared prosperity. Some things are
going well, like the on-going fall in unemployment. But look through any Sunday
paper, and youll see a menu of the challenges were facing. Domestically, theres
the obvious, in areas like housing, healthcare, child poverty and transport. And
theres the less obvious, in areas like education funding, pensions, infrastructure
and the erosion of a stable tax base.
Internationally, the two obvious concerns for Ireland are Brexit and an
increasingly isolationist America. But there are more subtle challenges too. If
Marine Le Pen is elected, for example, she may seek to pull France out of the
Euro, which could collapse the currency. Theres the imminent erosion of much of
Irelands tax competitiveness. President Trump has told big business hell drop
the US corporate tax rate to 15-20%. Prime Minister May is signalling that she
may go below 15% (it was 30% in 2006). And Northern Ireland is moving its rate
to 12.5% pretty soon. Theres the attempted relaunch by the European
Commission of a policy that would spread out corporation tax receipts around
Europe in a way that could wipe billions off our tax base. Any of these issues, on
their own, would pose a material risk to our economy. But theyre all happening at
the same time.
Why do I think a Fianna Fil government would serve Ireland better in these
times? Firstly, I see a party going back to its social democratic roots,
emphasising a stable tax base, support for business, investment in public
services and communities, and a shared prosperity.
Secondly, the party Ive witnessed over the past six years is one thats worked
hard to move on. There are those who call this naivety on my part. Maybe, but my
view is based on experience over the past six years Ive worked at close
quarters with a fair number of Fianna Fil TDs and Senators on three different
Oireachtas Committees, and Ive been consistently impressed.
Thirdly, the scale of the domestic and international challenges and opportunities
we face requires some of the big, brave thinking of the Lemass era. And rightly or
wrongly, I believe that potentials there today. The stark reality we have to address
is that the socio-economic model that weve been using in the Western world isnt
working for too many people, nor for the planet. The result is less opportunity,
and more instability, for too many people. The centre both the centre left and
centre right need to reimagine the way forward. We need to figure out, very
quickly, how to grow socially and economically in ways that are both inclusive and
sustainable. That is the challenge of our times, and the stakes both the risks
and opportunities cannot be overstated.
What I did this week wasnt done lightly. I knew some people would react
negatively, and would have preferred me to stay Independent. These are my
reasons, and I fully respect those who do not agree with them.
Now, its on to Brexit ensuring that the rights of the citizens of Northern Ireland
are protected, that our Irish companies are given every possible support, that
Irelands voice is heard clearly in the upcoming negotiations, and much more.
Phil Jones is injured. Water is wet.
Shots fired

Fine Gael lose vote in water

committee. It voted against
giving evidence to committee.

After a vote in private session...

Dart Underground could be
derailed by plans for office
Iarnrd ireann says it had no funds to purchase warehouse
on Pearse Station site
Wed, Feb 1, 2017, 01:00
Olivia Kelly
A computer rendition of a Dart Underground station. The 7.6km rail line is to link
Heuston Station to the Dart line for the first time.
The States 4.5 billion Dart Underground project is at risk
because of a developers plans to build offices on the site of
one of its key stations, Iarnrd ireann has said.

Agreement between the Government of the United Kingdom of

Great Britain and Northern Ireland and the Government of
the ... Great Britain and Northern Ireland

UK Illegal Treaty Treaty Between The Government of The United States

of America and The Government of The United Kingdom of Great
Britain and Northern Ireland Concerning Defense Trade Cooperation
June 21, 2007

Powers of Attorney Act, 1996

Dr Lydia Foy's Case

Ireland has an obligation to provide birth certificates
listing people's true gender. This obligation arises from
European and international human rights treaties. The
State has as yet not put that right into effect.
Dr Lydia Foy has lived as a woman since 1991. In March 1993, Dr
Foy applied to the office of the Registrar General for a new birth
certificate to reflect her gender. She was refused.
In April 1997, after a number of years unsuccessful correspondence
with the Registrar Generals office, Dr Foy initiated High Court
proceedings to compel the Registrar to issue her with a new birth
certificate. In October 2000, the case was heard in the High Court by
Mr Justice Liam McKechnie. His judgment was delivered in July
2002: Dr Foys claim was rejected due to the lack of Irish or UK
legislation that would facilitate the overturning of the existing
jurisprudence. Justice McKechnie called on the Government and
Oireachtas to deal with the position of transgender people as a matter
of urgency: Could I adopt what has repeatedly been said by the
European Court of Human Rights and urge the appropriate
authorities to urgently review this matter.
Two days after Justice McKechnie's judgement, a legal precedent
was set. On 11 July 2002, the European Court of Human Rights
found in favour of Christine Goodwin's case to have a correct birth
certificate (Christine Goodwin v. UK): the unsatisfactory situation in
which post-operative transsexuals live in an intermediate zone as not
quite one gender or the other is no longer sustainable.
Dr Foy appealed to the Supreme Court but before the appeal was
heard, the European Convention on Human Rights Act 2003 (the
ECHR Act) was enacted, bringing the European Convention into Irish
domestic law. In November 2005 Dr Foy made a new application to
the Registrar General, asserting the obligation under the ECHR Act to
comply with the requirements of the European Convention. Refused
once again, she began new proceedings in the High Court, seeking a
declaration under the ECHR Act that Irish legislation was
incompatible with the European Convention regarding the registration
and issue of birth certificates.
Dr Foy returned to the High Court in April 2007, 10 years after her
legal challenge began. The case was heard (again) by Justice
McKechnie whose judgment, on 19 October 2007, expressed great
frustration at the failure of the Irish Government to take any action
following his urgent plea in 2002, stating Ireland as of now is very
much isolated within the Member States of the Council of Europe ...
[and] must be even further disconnected from mainstream thinking.
Justice McKechnie found the State to be in breach of its positive
obligations under Article 8 of the European Convention on Human
Rights in failing to recognise Dr Foy in her female gender and provide
her with a new birth certificate. This was the first declaration of
incompatibility to be made under the ECHR Act.
The State appealed this ruling to the Supreme Court.
In May 2010, the Government set up the Gender Recognition
Advisory Group (GRAG), an inter-departmental working group to
advise the Minister for Social Protection on the legislation required to
provide for legal recognition by the State of the acquired gender of
transsexuals. In June 2010, the Government withdrew its appeal to
the Supreme Court.
In July 2011, the Advisory Group published its recommendations for
proposed gender recognition legislation to the Minister for Social
Protection. On 17 July 2013 Minister Joan Burton published a Draft
Heads of Bill for Gender Recognition. In June 2014, the Minister
published the (Revised) Scheme for the Gender Recognition Bill 2014
and in December 2014 the Gender Recognition Bill 2014 was
On 27th February 2013, FLAC and Dr Foy announced a return to
court to take the Government to task over their failure to produce any
Gender Recognition legislation to date. In November 2014, Dr Foy
settled the case. The Government commited to introducting
legislation in 2014 and made a "firm intention" of enacting legislation
in 2015.
Since 2008, Ireland has received much criticism from international
human rights bodies over its failure to afford legal recognition: The
United Nations Human Rights Committee; the Council of Europes
Commissioner for Human Rights, Thomas Hammarberg, referring
specifically to the Foy case stated: There is no excuse for not
immediately granting this community their full and unconditional
human rights . The Irish Human Rights Commission urged the
Government to amend legislation to protect the rights of transgender
persons under Articles 8 and 12 of the European Convention.
The Gender Recognition Act was passed on July 15th 2015. The Act
was commenced in September and Dr Foy became the first person to
be legally recognised by this Act.
Paul Ryan Feb 2

I take great pride in my Irish roots, so it was a

pleasure to have s Minister for Foreign Affairs visit
my office yesterday.