Date: Wed, 29 Dec 2004 15:38:22 +0000
Subject: [Celtic Party] Supreme Court referral
(Thursday December 23rd 2004 )
Correctly or otherwise, I believe the Supreme Court referral described in the Irish Independent article below (dated December 23rd 2004) is in large part a consequence of our combined efforts to challenge law-breaking by government during the past few years.
Though the piece below relates to laws connected with the care of the elderly, I nevertheless see this particular referral, at this particular time, as a very definite sign of hope for the future: in terms of environmental and heritage protection around the country in general, and including the many ancient sites in the Turoe, Tara, New Inn, Woodlawn, Kilconnell, and Esker Riada areas.
Note the following statement in paragraph 6 (from Deputy Prime Minister Harney): “WHICH WOULD PROBABLY HAVE BEEN CHALLENGED IN THE COURTS ANYWAY”. I believe the powers-that-be have got the message that there is no guarantee (for them), from now on, that unconstitutional legislation (i.e. UNLAWFUL legislation) will go unchallenged by the People, via the Courts: and regardless of what the legal cost might be in terms of money. This may, I strongly suspect, be a direct consequence of Ann Marie’s application for legal aid to challenge the Kilconnell Superdump situation, which of course directly involves the Article 28A violation of the Republic of Ireland Constitution. (For anyone who has not seen it, the text of Ann Marie's legal aid application can be seen at:
Who knows, maybe the Supreme Court referral outlined below will herald the beginning of the end of law-breaking by government in the Republic of Ireland: together with all of the associated tyranny (by so called “public servants”), which has recently forced me to go on-the-run from the Republic of Ireland for the SECOND time in just two years?
Is there any chance I wonder that such Stalinist type tyranny (by our government) might yet be consigned “to the ash-heap of history”? – even though it is coming from sources much closer to home than the one the late President Ronald Regan understandably feared and detested so much.
As far as I know, Prime Minister Ahern has still NOT answered the question (put to him at the end of last month by Senator Jim Higgins MEP
http://www.constitutionofireland.com/SenatorJimHigginsMEP.htm ) as to why he failed to comply with Article 29.5.1 of the Republic of Ireland regarding the international UN Aarhus Convention Agreement. I suspect the reason for this is that Prime Minister Ahern simply DOES NOT HAVE ANY ANSWER; and, that as a consequence of this particular piece of law-breaking by government, ALL (or most) environmental legislation in the Republic of Ireland since June 1998 is legally flawed, and consequently completely unsound: including that connected with the An Bord Pleanala decisions relating to the planned M3 in the Tara/Skreen Valley area, and the planned Celtic Waste Superdump right beside
Woodlawn House - which, if it ever goes ahead, will almost sit on top of the section of the Esker Riada (by far the most important of the 5 Great Roads of ancient Ireland) passing through Kilconnell.
HARNEY PUTS NEW DEAL FOR ELDERLY TO CABINET
Thursday December 23rd 2004
TANAISTE Mary Harney is to put a package of proposals on care of the elderly before the Cabinet early in the new year in a bid to rationalise the current patchwork system.
She announced this yesterday as President McAleese decided to refer the controversial legislation on charges for nursing home care to the Supreme Court less than 24 hours after consulting the Council of State.
The court will begin hearing the case as early as January 25. It has to be finalised within 60 days from yesterday and, until a judgment emerges, the proposals in the new legislation, including retrospectives charges for nursing home care, will not come into force.
Ms Harney had some good pre-Christmas news for those in long-term care yesterday when she said she would be making arrangements to have the ex-gratia payments of up to €2,000 paid out as soon as possible to around 20,000 patients.
There was no question of anybody never charged before now having to pay charges.
Ms Harney, like the Opposition parties, welcomed the President's move, saying it would bring "clarity and legal certainty" to the whole issue, which would probably have been challenged in the Courts anyway. That, she said, would have taken some considerable time and patients and their families might have to go through unnecessary trauma.
The Tanaiste studiously avoided making any predictions on the outcome of the Supreme Court case but said she had been advised by the Attorney General and had acted as quickly as she could on his advice.
Ms Harney said there were wider issues to do with the long-term care of the elderly in society and said she intended bringing forward proposals to Government on this early in the New Year.
At the moment, she said, the situation was "patchwork, with different interpretations, different means tests, different eligibility criteria" and this was very unsatisfactory for the elderly and their families.
"We need to bring certainty and clarity as quickly as possible," she said.
"I have already asked the Departmental committee examining this question to meet early in January so that I can bring forward proposals and we can bring certainty once and for all to the care issue."
She wanted families to have as much support as possible to keep people in their homes and communities which was what most old people wanted.
Ms Harney said the country could not afford to provide care free of charge to everybody, adding that most reasonable people would accept that a contribution should be made towards the cost of board and maintenance.
"There are going to be huge financial issues for us in the coming years," she said, adding that she believed a huge proportion of the Special Savings Accounts (SSIA) money should be devoted to Care of the Elderly when this became available within the next two years.
Age Action, the campaign group for the elderly, said the President's decision was wholeheartedly welcomed, adding that the move to make legal retrospectively the taking of money for the care of the elderly had caused widespread anger.
© Irish Independent
History of conflict ...
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