Email to RTE's Pat Kenny dated October 31st 2004

 
     
   
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From: "William Finnerty" <wfinnerty@eircom.net>
To: "Pat Kenny (RTE Broadcaster)" <todaypk@rte.ie>
CC: peter.mccloskey@ntlworld.com, mags_liddy@hotmail.com, ohligschaefer@iolfree.ie, "auler1" <auler1@eircom.net>, marinkam@hotmail.com, johnosulliv@eircom.net, oconnell@esatclear.ie, "Ian Lumley (An Taisce)" <heritage@antaisce.org>, percypod@iolfree.ie, "Peter Sweetman (AT/FIE)" <sweetiep@eircom.net>, valuser@tinet.ie, agroeco@eircom.net, monicamuller@eircom.net, grcasey@eircom.net, judyosborne@esatclear.ie, pamelahill@ireland.com, emer@eos.ie, "David" <verdire@eircom.net>, carolinelewis@eircom.net, "Deirdre de Burca" <deburcad@gofree.indigo.ie>, admin@friendsoftheirishenvironment.net, "Connacht Tribune Editor (Mr. John Cunningham)" <news@connacht-tribune.ie>, "Galway Advertiser Editor (Mr. Declan Varley)" <dvarley@galwayadvertiser.ie>, "Galway Independent Newspaper" <info@galwayindependent.com>, "Ireland On Sunday" <news@irelandonsunday.com>, "Irish Emigrant Newspaper" <info@emigrant.ie>, "Irish Examiner Newspaper" <jill.osullivan@tcm.ie>, "Irish Independent Newspapers (Unison Group)" <info@unison.ie>, "Keith Finnegan at Galway Bay FM (local radio)" <news@gbfm.galway.net>, "RTE (Irish National TV Station)" <newsdesk@rte.ie>, "Sunday World Newspaper" <mairead.kearns@sundayworld.com>, "Sunday Business Post" <sbpost@iol.ie>, "TG4 (Irish Language Station, Republic of Ireland)" <nuacht@tg4.ie>, "The Irish Times" <lettersed@irish-times.ie>, "Tuam Herald" <editor@tuamherald.ie>, "TV3 (Republic of Ireland)" <info@tv3.ie>, "Associated Press" <pr@ap.org>, "BBC NEWS" <newsonline@bbc.co.uk>, "CNN" <cnn@cnn.com>, "Reuters" <uki.media@reuters.com>, "New Inn Anti-Dump Chairman (Vincent Costello)" <repsvc@indigo.ie>, "Kilconnell Anti-Dump Group Secretary (Annette Gilchrist)" <kilconnellantidumpsecretary@yahoo.co.uk>, GreenNWF@yahoogroups.com, "An Taisce (Yahoo Discussion Group)" <atdiscussion@yahoogroups.com>, "Ann Marie Kelly Discussion Group" <annmariekelly@yahoogroups.com>, "CelticParty(Yahoo)" <TheCelticParty@yahoogroups.com>, "Green Party Ireland (Yahoo Group)" <greenireland@yahoogroups.com>, "Kilconnell Anti-Dump Internet Group" <KilconnellAntiDump@groups.msn.com>, "Nature Ireland" <natureireland@yahoogroups.com>, "New Inn AntiDump Internet Group" <NewInnAntiDump@groups.msn.com>, "Siobhan Nevin's Yahoo Group" <siobhannevin2004@yahoogroups.com>, "Tara / Skreen Group" <taraskreen@yahoogroups.com>, "Woodlawn House Preservation Society" <WoodlawnHousePreservationSociety@groups.msn.com>
Subject: Tomorrow's RTE Radio Show on INCINERATION
Date: Sun, 31 Oct 2004 16:01:53 -0000
 
Dear Mr Kenny,
 
In connection with general environmental matters (which very much include incineration), and on an ONGOING basis, the "traditional media" (e.g. RTE, The Irish Times, Irish Independent, TV3, etc., etc., etc.) all appear to be censoring EXTREMELY important and highly relevant information concerning the international Aarhus Convention Agreement, which the Republic of Ireland signed on June 25th 1998: and which is of course over SIX years ago now. 
 
Thanks to this censorship, almost NOBODY, and I repeat almost NOBODY, in Ireland has ever even heard of the Aarhus Convention Agreement yet - which is potentially one of the most important international agreements ever signed.  Some 40 or so European countries, including the European Union, are signatories; and, apart from environmental issues, this particular agreement also has massive and benign implications for improving democracy in our society.
 
I wonder why this censorship is happening?  - and I hope I will hear some explanation on your Radio Show tomorrow regarding this extremely serious matter. 
 
According to the written Constitution of the Republic of Ireland (Article 29, 5, 1), it is very clearly stated that:  "Every international agreement to which the State becomes a party shall be laid before Dail Eireann".   Why, after over 6 years, has this not happened yet?  Perhaps you might have a Government minister explain this on your Radio Show tomorrow?
 
Recently, I raised the Aarhus Convention Agreement anomaly with a large number of Oireachtas Members; and, among other things, I pointed out to them that  "the State is a juristic person which can be sued for the wrongful acts of its public servants" (Page 9, Sixth Edition, Principles of Irish Law, by barrister Dr. Brian Doolan).  
 
Additional background information on this subject can be found in the e-mail reproduced below.
 
Yours sincerely,
 
William Finnerty.
 
++++++++++++++++++
 

Dear Ann Marie,
 
The problem with the Aarhus Convention Agreement not being "laid before Dail Eireann" (Article 29, 5, 1 of the Republic of Ireland Constitution) has now been brought to the attention of several Oireachtas members - almost all of them I believe.
 
The list for Oireachtas members I used, together with Microsoft's MSN message identification, tracking, and delivery time information for the e-mail in question can be seen at either of the Internet addresses provided just below.
 
The only Oireachtas members' address to fail was the one I used for Deputy Prime Minister Mary Harney.  According to the information available to me, all the rest of the e-mails to the Oireachtas members listed were satisfactorily delivered.  (I am copying this e-mail to the "Progressive Democrats" - so that Mary Harney may perhaps receive the information through her political party.)
 
As can also be seen at the addresses provided below, I took the opportunity to point out to the Oireachtas members that "the State is a juristic person which can be sued for the wrongful acts of its public servants" (Page 9, Sixth Edition, Principles of Irish Law, by barrister Dr. Brian Doolan). 
 
 
Best wishes,
 
Billy.
 
PS:  I do not know how long the information will be at the above addresses for.  I would suggest that anybody interested in it should make a printed copy, and/or an electronic copy of one of the Internet pages.
 
Also, and as I have no reason to believe the "traditional media" will do anything to inform the public in Ireland about the existence of the Aarhus Convention Agreement, to some considerable extent it might be possible to get around their AMAZING censorship barrier on this subject, now in its 7th year, by forwarding this e-mail (or similar e-mails) to others.  (PUZZLE >>>  Rearrange the following words to form a well know phrase: "agenda"  "hidden" ? )
 
+++++++++++++++++++++++++
 
The Three Main Points of the Aarhus Convention Agreement
  1. The right of everyone to receive environmental information that is held by public authorities (“access to environmental information”). This can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. Citizens are entitled to obtain this information within one month of the request and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate environmental information in their possession;

  2. The right to participate from an early stage in environmental decision-making. Arrangements are to be made by public authorities to enable citizens and environmental organisations to comment on, for example, proposals for projects affecting the environment, or plans and programmes relating to the environment, these comments to be taken into due account in decision-making, and information to be provided on the final decisions and the reasons for it (“public participation in environmental decision-making”); 

  3. The right to challenge, in a court of law, public decisions that have been made without respecting the two aforementioned rights or environmental law in general (“access to justice”).

Above text taken from:  http://europa.eu.int/comm/environment/aarhus/

+++++++++++++++++++++++++
 
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The Århus Convention Agreement
 (3 Main Points)

The Århus Convention establishes a number of rights of the public (citizens and their associations) with regard to the environment. Public authorities (at national, regional or local level) are to contribute to allowing these rights to become effective. The Convention provides for:

  1. The right of everyone to receive environmental information that is held by public authorities (“access to environmental information”). This can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. Citizens are entitled to obtain this information within one month of the request and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate environmental information in their possession;
     

  2. The right to participate from an early stage in environmental decision-making. Arrangements are to be made by public authorities to enable citizens and environmental organisations to comment on, for example, proposals for projects affecting the environment, or plans and programmes relating to the environment, these comments to be taken into due account in decision-making, and information to be provided on the final decisions and the reasons for it (“public participation in environmental decision-making”);
     

  3. The right to challenge, in a court of law, public decisions that have been made without respecting the two aforementioned rights or environmental law in general (“access to justice”).

Above text taken from:  http://europa.eu.int/comm/environment/aarhus/
 

 
     
 
     
 

National Development Plan

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"The NDP is the largest and most ambitious investment plan ever drawn up for Ireland. It involves an investment of over  EUR 52 billion  of Public, Private and EU funds (in 1999 prices) over the period 2000-2006. The Plan involves significant investment in health services, social housing, education, roads, public transport, rural development, industry, water and waste services, childcare and local development."

The above quote was taken from http://www.ndp.ie on October 23rd 2004.
 

 
     
 
     
 

Constitutions

Bunreacht na hEireann:
http://www.google.com/search?hl=en&lr=&q=Bunreacht+na+hEireann&btnG=Search
(Constitution of the Republic of Ireland)

Draft Treaty establishing a Constitution for Europe:
http://www.google.com/search?hl=en&lr=&q=European+Union+Constitution+&btnG=Search

Text of EU Constitution Draft Treaty:
http://europa.eu.int/futurum/constitution/index_en.htm

Text of Environment Section of EU Constitution Draft Treaty:
http://europa.eu.int/futurum/constitution/part3/title3/chapter3/section5/index_en.htm
 

 
     
 
     
 

Legislation

Checking and correcting unconstitutional legislation (Republic of Ireland):
http://www.oasis.gov.ie/government_in_ireland/the_constitution/
unconstitutional_legislation_and_decisions.html

Legislation and the role of the President of the Republic of Ireland:
http://www.oasis.gov.ie/government_in_ireland/government_and_politics_at_national_level/
president_of_ireland/president_and_legislation.html

Irish Legislation (BAILII):
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 Irish Legal Information Initiative (IRLII):
http://www.ucc.ie/law/irlii/index.php
 

 
     
 
 

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