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body; and
(c) by the same or any subsequent Order to vest in the Minister or
respective Ministers who is or are the head or heads of such
appropriate Department or Departments of State as aforesaid, all or
any part of the lands, hereditaments, tenements and premises
situate in Saorstt Eireann and all other property and assets
(including choses-in-action) which were on the 6th day of December,
1921, or shall at the time of making any such Order under this subsection be vested, whether by statute, deed, contract, or otherwise,
in or held in trust for any Board of Commissioners or statutory body
dissolved by an Order under this sub-section, so that the same shall
under and by virtue of such Order without the necessity for any
other conveyance or assignment whatsoever but subject where
necessary to transfer in the books of any bank, company or
corporation become and be vested in such Minister or respective
Ministers for all the estate, term, and interest, or respective estates,
terms, and interests for which the same were immediately before
the making of such Order vested in or held by such dissolved Board
of Commissioners or statutory body, but subject to such (if any)
trusts and equities as shall affect the said lands, hereditaments,
tenements and premises property and assets respectively at the
time of making such Order and shall be then legally subsisting and
capable of being performed; and
(d) by the same or any subsequent Order to determine and declare
which is or are the appropriate Department or Departments of State
for the purposes of this sub-section to or on whose Minister or
respective Ministers the jurisdictions, powers, duties, and functions
of any such dissolved Board of Commissioners or statutory body
shall be transferred, conferred, or imposed as aforesaid; and
(e) by the same or any subsequent Order to make such adaptations
and modifications as the Executive Council may consider necessary
of or in any British Statute relating to any Board of Commissioners
or other statutory body dissolved under this section.
(2) It shall be lawful for the Executive Council
(a) by an Order of the Executive Council to transfer to and confer or
impose on any Minister any of the jurisdictions, powers, duties, and
functions of any Board of Commissioners or statutory body to which
this section applies, and to declare that the public services and
officers concerned with the jurisdictions, powers, duties and
functions transferred, conferred, or imposed by such Order as
aforesaid are comprised and included in the public services and
officers of the Department of State administered by or under such
Minister as head thereof; and
(b) by the same or any subsequent Order to vest in the Minister or
respective Ministers who is or are the head or heads of such
appropriate Department or Departments of State as aforesaid all or
any part of the lands, hereditaments, tenements, and premises
situate in Saorstt Eireann and all other property and assets
(including choses-in-action) which were on the 6th day of December,
1921, or shall at the time of making any such Order under this subsection be vested, whether by statute, deed, contract or otherwise,
in or held in trust for any such Board of Commissioners or statutory
body and which were connected with the exercise or performance of
any of the jurisdictions, powers, duties or functions transferred,
conferred, or imposed by an Order under this sub-section so that the
same shall under and by virtue of such Order without the necessity
for any other conveyance or assignment whatsoever but subject
where necessary to transfer in the books of any bank, company or
corporation become and be vested in such Minister or respective
Ministers for all the estate, term and interest, or respective estates,
terms and interests for which the same were immediately before the
making of such Order vested in or held by such Board of
Commissioners or statutory body, but subject to such (if any) trusts
and equities as shall affect the said lands, hereditaments,
tenements and premises property and assets respectively at the
time of making such Order and shall be then legally subsisting and
capable of being performed; and
(c) by the same or any subsequent Order to determine and declare
which is or are the appropriate Department or Departments of State
for the purposes of this sub-section to or on whose Minister or
respective Ministers the jurisdictions, powers, duties and functions
of any Board of Commissioners or statutory body shall be
transferred, conferred, or imposed as aforesaid; and
(d) by the same or any subsequent Order to make such adaptations
and modifications as the Executive Council may consider necessary
of or in any British Statute relating to any Board of Commissioners
or statutory body whose or any of whose jurisdictions, powers,
duties and functions are transferred, conferred, or imposed by an
Order under this sub-section.
(3) So long as any Board of Commissioners or statutory body to
which this section applies shall continue to exist, and until the same
shall be dissolved under this section, the jurisdictions, powers,
duties and functions of such Board of Commissioners or statutory
body, or such of those jurisdictions, powers, duties or functions as
shall not have been divested or transferred from such Board of
Commissioners or statutory body by any Order under this section,
and the exercise and performance thereof shall be and remain
subject to the direction and control of the Minister who is head of
the appropriate Department of State concerned with the public
services of such Board of Commissioners or statutory body, and
such Minister shall be responsible for the administration of the
services of such Board of Commissioners or statutory body, and if
any question shall arise as to which is the Minister or appropriate
Department of State concerned with any public service for the
purposes of this sub-section, such question shall be determined by
the President of the Executive Council, whose decision shall be final.
(4) The Boards of Commissioners and statutory bodies to which this
section applies are all statutory Boards of Commissioners and other
SCHEDULE.
First Part.
Particular Branches of Administration assigned to an Roinn Airgid
(The Department of Finance).
The business and functions formerly administered, and discharged
by the British Treasury in Ireland.
The Revenue Commissioners.
The Paymaster General and Deputy Paymaster for Ireland.
The Government Actuary.
The Commissioners of Public Works in Ireland.
The Civil Service Commission.
The Commissioner of Valuation and Boundary Surveyor for Ireland.
The Ordnance Survey.
The Superintendent of the Teachers' Pension Office.
The Stationery Office.
The Old Age Pensions, save as regards appeals governed by Statute.
The Post Office Savings Bank (administered through the Minister for
Posts and Telegraphs as agent).
The Registrar of Friendly Societies.
Second Part.
Particular Branches of Administration assigned to an Roinn Dl agus
Cirt (The Department of Justice).
All Courts of Justice and the Offices thereof save in so far as the
same are reserved to the Executive Council or are excepted from
the authority of the Executive Council or of an Executive Minister.
Police.
The General Prisons Board for Ireland and all Prisons.
The Registrar of District Court Clerks.
The Public Record Office.
The Registry of Deeds.
The Land Registry.
The Commissioners of Charitable Donations and Bequests for
Ireland.
Third Part.
Particular Branches of Administration assigned to an Roinn Rialtais
Aitila agus Slinte Puibl (The Department of Local Government and
Public Health).
The Local Government Board for Ireland, including appeals under
the Old Age Pensions Acts.
The Inspectors of Lunatic Asylums in Ireland.
National Health Insurance Commission.
The Registrar-General of Births, Deaths and Marriages in Ireland.
Roads Department (formerly Ministry of Transport).
Clerk of the Crown and Hanaper so far as concerned with Elections.
General Nursing Council and Central Midwives Board.
Fourth Part.
Particular Branches of Administration assigned to an Roinn
Oideachais (The Department of Education).
The Commissioners of National Education in Ireland.
https://www.welfare.ie/en/downloads/GRO-History.pdf
adopted..
The production of statistical reports based on the
information recorded at the time of registration of birth,
marriage and death events, which was a function of the
Registrar General under the Registrations Acts, was
transferred to the new Central Statistics Office by the
Births, Deaths and Marriages Registration Act 1953. This
remains the case today. That Act also changed the title of
"Registrar-General" to "An tArd- Chlraitheoir" and also
changed his Seal from the original elaborate seal which
cited the Victorian Acts and bore a coat of arms depicting
a crown surmounting a lion and a unicorn to a simpler
device comprising of the Irish harp with the words "Oifig
an Ard-Chlraitheora".(Office of the Registrar General).
The Births, Deaths and Marriages Act, 1972 made changes
in the structure of the registration system by assigning to
the new eight regional health boards, created by the
Health Act 1970, the office of Superintendent Registrar
and the responsibility for making appointments of
Registrars of Births, Deaths and (Roman Catholic)
Marriages. When the Health Service Executive(HSE) was
established in 2005 the registration areas were renamed
in accordance with the legislation establishing the HSE.
Some minor changes were also made to the Marriages
Acts. In 1956 the format of entries in the marriage
registers were amended to omit the "rank or profession of
the father" of the bride and groom, and record mother's
maiden name. The Marriage Act 1972, raised the minimum
age for marriage to 16 years (the approval of the High
Court has to be obtained in order to marry at a lower age).
That Act also made provision for the registration of
marriages which had occurred in Lourdes, France prior to
its enactment. This was to resolve the difficulty of a
significant group of Irish citizens who had married in
Lourdes over the years, according to the rites and
ceremonies of the Catholic Church but who subsequently
found that, because the local civil procedures had not
been observed, these marriages were not registerable in
France.
A change in registration law in 1994 introduced a system
for the registration of the births of stillborn children in a
new register from 1 January, 1995.
Joan Collins outside the Four Courts yesterday after judgment in her Supreme
Court action. Photograph: Collins Courts
She said she had made a robust legal case that article
28 of the Constitution forbids borrowing or spending
without a Dil vote.
The courts judgment, Ms Collins said, has weakened
our political system, placing fewer checks on the
actions of the minister for finance and the government
of the day.
Ms Collins said her opinion promissory note debt was
unchanged by the courts decision.
Odious debt
appeal.
https://static.rasset.ie/documents/news/joan-collins-v-minister-forfinance-delegate-spending.pdf
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In light of this agenda, I very much look forward to welcoming you in Brussels.
I am also very enthusiastic for the future editions of the European
Development Days.
Proceedings before the Court of Justice and the Court of
First Instance of the European Communities: Practical
Overview
Description
This seminar aims to provide a practical overview of the most
important phases of proceedings before the Court, in particular the
written and oral phases. It will also set out how to plead in an appeal
case or ask for legal assistance, so as to promote the quality of
judicial protection in the Community legal system and to ensure
speedy and smooth proceedings. Taking a practical approach and
using practical examples, the seminar will discuss the written and
oral proceedings before the Court of Justice of the European
Communities
Target Group
This seminar is meant for all those concerned by Community law
and the functioning of the Court of Justice and the Court of First
Instance, such as European lawyers and judges, but also members
of the legal and judicial professions, academics, and people working
in national and European administrations.
EnforcementActionsunderEULaw:TheNewMemberStates
TheissueofwhoisentitledtoinstituteproceedingsunderArticle226hasbeenwidely
debated
https://web.archive.org/web/20081209153338/http://www.eipa.eu/files/reposito
ry/product/20070813130142_EA_07_w_01e.pdf
12
II. Article 228 TEC and its Application to New Member
States
According to the Commission White Paper on European
Governance of 2001,36 the application of Com- munity law
by Member States is still incomplete and unsatisfactory.
The Commission moreover encour- ages the use of new
harmonisation instruments such as mutual recognition and
the rule of the country of origin. It thus issued a
Communication37 that sets three priority criteria which
have to be used in deciding when to launch infringement
proceedings. These must reflect the seriousness of the
potential or known failure to comply with legislation and
are listed as follows: infringements which undermine the
founda- tions of the rule of law; those that undermine the
smooth functioning of the EUs legal system and, last but
not least, those consisting in the failure to transpose, or in
the incorrect transposition of directives.
Indeed, if the three abovementioned conditions are met,
proceedings will be launched by the Com- mission. Of
course, the Commission has full discretion and decides on
the length of each step of the pro- cedure. The regular two
months before, or sometimes even following, the sending
of the letter of formal notice or the issuing of the reasoned
opinion are very often extended to one year or more in
order to give the Member State enough time to resolve
the issue. While these efforts aim to avoid judicial
proceedings through cooperation between the
Commission, as guardian of the Treaties, and the Member
States, some Member States persistently try to
intentionally delay the pre-litigation phase of the
procedure by not re- plying to Commissions letters, by
providing the Commission with incomplete information or
by simply finding ways to extend the already cumbersome
proceedings.
The Member States that joined in May 2004 as well as
Bulgaria and Romania (EU members since 1 January 2007)
shall avoid taking deliberate advantage of the length of
the infringement proceedings in order to delay
transposition or correct implementation. Undoubtedly,
they are perfectly allowed to rely on various arguments to
justify their failure to comply with their Community
Poland
Poland was taken to the ECJ by the Commission for failure
to comply with its obligations in the area of freedom of
establishment. An action was brought on 16 October 2006
for non-compliance with Directive 74/556 laying down
detailed provisions concerning transitional measures
relating to activities, trade in and distribution of toxic
products and activities entailing the professional use of
such products including activities of intermediaries.75 A
parallel case in the same area was brought on the same
day for Polands
70. See IP/06/503, Brussels, 19 April 2006, mentioned
earlier.
71. Ibid.
72. See the action brought before the ECJ, Commission v.
Malta, Case C-136/06.
73. See the action brought before the ECJ, Commission v.
Malta, Case C-508/06.
74. See the actions brought before the ECJ, Commission v.
Malta, respective Cases C-79/07 and C- 87/07.
18
Enforcement Actions under EU Law: The New Member
States
failure to comply with Council Directive 74/557/EEC on the
freedom of establishment and freedom to provide services
in respect of activities of self-employed persons and of
intermediaries engaging in the trade and distribution of
toxic products.76
Last but not least, an action was brought by the
Commission against Poland on 11 October 2006 regarding industrial policy. The Commission has requested
the ECJ to recognise that by not ensuring actual
availability of at least one comprehensive directory and
one comprehensive directory enquiry service in
accordance with the requirements set out in Article 5(1)
and (2) and Article 25(1) and (3) of Directive 2002/22/EC
on universal service and users rights relating to electronic
communications networks and services, Poland has failed
to fulfil its obligations.77
Slovakia
Slovakia was also brought before the ECJ in 2006, on two
occasions. The first action was brought by the Commission
EUCommitteeBusinessDinnerwithMr.CharlieMcCreevy,European
CommisionerfortheInternalMarket&Services
European Commissioner for Internal Market and Services
Derivatives and Risk Allocation
Brussels, 24 September
EU Committee Business Dinner with Mr. Charlie McCreevy,
European Commisioner for the Internal Market & Services
Meeting
http://www.europarl.europa.eu/RegData/commissions/peti
/proces_verbal/2006/06-12/PETI_PV(2006)06-12_EN.pdf
http://www.tapestrynetworks.com/documents/Tapestry_E
Y_Euro_ACLN_Mar06_View.pdf
https://fdic.gov/regulations/laws/federal/2006/06c16ac73
.pdf
Ladies and Gentlemen,
I'm very pleased to welcome you here today, one year and 9 days
after the collapse of Lehman sent its shockwaves through the
economy. Even though AIG was bailed out the day after, it could not
prevent the collapse of the interbank market. More bad news
followed by the day. Our economies went deep into recession.
Government interventions followed building up enormous liabilities
for taxpayers.
1
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no outcomes. I conclude by discussing socioeconomic trends seen from 2003 to 2014 and their
implications for issues related to the EUs democratic
deficit.
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http://carnegieeurope.eu/publications/?fa=53242.
Gordon Deegan
The Commission for Energy Regulation incurred a loss of 535,000 for the
year. Photographs: Getty Images/The Irish Times
Drop in revenue
The increase in bonus payments comes despite the
CER going into the red as revenues from levy fees
dropped sharply.
The report shows that CER incurred a loss of 535,000
for the year after the regulator enjoyed a surplus of
5.9 million in 2014.
The chief factor was the amount received in income
mainly levy fees declining from 20.8 million to
16.3 million.
The CER is responsible for setting prices for semi-State
companies, such as Bord Gis and Irish Water. Earlier
this month, it told Irish Water to slash its planned
spend by 264 million over the next two years.
Referring to the bonus pay model previously, CER
stated that its staff are specialist and highly
marketable and retention of expertise can be supported
by such a pay model.
CERs costs are not paid for directly by the taxpayer,
but are funded by a levy on industry participants.
The report also showed that the pay to chairman
Garrett Blaney last year totalled 202,000, which
takes account of 15,000 on pension related
deduction.
Mr Blaneys pay was made up of a basic salary of
168,000, pension of 38,000 and 11,000 in
vouched expenses.
Commissioner Paul McGowan received 175,000
under the same headings, that included the 14,000
pension reduction, and commissioner Aoife MacEvilly
received 162,000, which included a pension
reduction of 13,000.
Nine employees at the regulator enjoyed salaries in
excess of 100,000 last year.
Problem solved... or is it? Simon Coveney and Paul Murphy on
water
By ELITSA VUCHEVA
BRUSSELS, 13. JUN 2008,
Ireland's referendum.
"This vote should not be seen as a vote against the EU
[It] has not solved the problems which the Lisbon
Treaty is designed to solve," commission president Jose
Manuel Barroso said in Brussels on Friday (13 June).
"The ratification process is made up of 27 national
processes, 18 Member States have already approved
the Treaty, and the European Commission believes that
the remaining ratifications should continue to take
their course," he added.
According to final results released on Friday afternoon
(13 June), 53.4 percent of Irish people voted against the
EU's Lisbon treaty in Thursday's referendum, while 46.6
percent voted in favour.
Participation was at 53.13 percent.
Nevertheless, Mr Barroso said he believed "the treaty is
alive" and "we should go on and try to find a solution."
It is "important now that the EU does not fall again in
depression and does not forget there are other issues
to deal with," he added.
In a joint statement later on, France and Germany also
called for the ratification of the Lisbon treaty to
continue.
The ratification procedure has already been achieved in
18 countries. Therefore we hope that the other
member states will continue the process," the FrancoGerman declaration reads.
Britain has already said it would press ahead with the
ratification, according to the BBC.
Certain politicians and analysts have started floating
other possible scenarios however, with some such as
French prime minister Francois Fillon saying that the
10
In the matter of Bunreacht na hireann: Patricia
McKenna Plaintiff v. An Taoiseach and Others, Defendants
(No. 2) [S.C. Nos. 361 and 366 of 1995]
High Court
31st October 1995 17th November 1995
Constitution - Amendment - Referendum - Role of
Government - Government usingpublic funds to promote
particular outcome - Matching funds not made availableto
other side - No express constitutional or statutory
provision authorising suchexpenditure - Whether such
expenditure unconstitutional - Whether courts
havingjurisdiction to restrain such expenditure - Whether
Government entitled to campaignfor particular outcome
by means not involving use of public funds - Constitutionof
Ireland, 1937, Article 40, ss. 1 and 3, and Articles 46 and
47.Constitution - Personal rights of citizen - Right to
equality - Right to fair procedures -Right to equality in
exercise of franchise - Right to democratic process Whetherinfringed by use of public funds to promote
particular outcome in referendumwithout provision of
matching funds to promote alternative view - Constitution
ofIreland, 1937, Article 40, s.1.Constitution - Separation of
powers - Public expenditure - Whether courts
havingjurisdiction in relation to expenditure voted by Dil
ireann ireann in accordance withConstitution Constitution of Ireland, 1937, Articles 17 and 28.
Article 46, s.2 of the Constitution of Ireland, 1937,
provides:
"Every proposal for an amendment of this Constitution
shall be initiated in Dil ireann as a Bill, and shall
upon having been passed or deemed to have been passed
by both Houses of the Oireachtas, be submitted by
Referendum to the decision of the people in accordance
with the law for the time being in force relating to the
Referendum."
Article 28 of the Constitution provides that the executive
power of the State shall be exercised by or on the
authority of the Government; that the Government shall
be responsible to Dil ireann; and that the
Government shall prepare estimates of the receipts and
expenditure of the State for each financial year, and
[1995]2 I.R.
McKenna v. An Taoiseach (No. 2)
12H.C.
Per O'Flaherty J.: That such expenditure also had the effect
of putting the voting rights of those citizens in favour of
the amendment above the voting rights of those citizens
opposed to it.
Per Blayney J.: That the constitutional requirement that a
proposal for the amendment of the Constitution be
submitted to the People must be construed as providing
for fair procedures; and that in expending public monies in
the promotion of a particular result, the Government had
failed to act fairly, in that it had favoured one section of
the People at the expense of another.
Glover v. BLN Ltd. [1973] I.R. 338 applied.
Per Denham J.: That such expenditure as well as
representing a breach of the constitutional right to
equality also represented an infringement of the
constitutional right to freedom of expression and the
constitutional right to a democratic process in referenda.
Per Egan J., dissenting: That there was no specific
prohibition in the Constitution or the Act of 1994 on such
expenditure; that Dil ireann , in voting the monies to
the Minister for Equality and Law Reform, had not directed
that they be applied in any particular manner other than
in connection with the referendum; and that accordingly, it
was a matter solely for the executive arm of government
to decide how the money should be so expended.
3. That the Court had jurisdiction to act in relation to the
Government's breach of the Constitution.
Per Hamilton C.J. and Blayney J.: That in relation to the
Court's jurisdiction, the following principles applied:
(a) The courts had no power, express or implied, to
supervise or interfere with the exercise by the
Government of its executive functions, provided that it
had acted within the restraints imposed by the
Constitution on the exercise of such powers;
(b) If, however, the Government acted otherwise than in
accordance with the provisions of the Constitution and in
clear disregard thereof, the courts were not only entitled
[1995]2 I.R.
McKenna v. An Taoiseach (No. 2)Hamilton C.J.
28S.C.
"14. I propose now to deal broadly with the issues of
principle which appear to arise on the present application
before the Court. Firstly, there has already been very
detailed and wide ranging debates in both Houses of the
Oireachtas in relation to the proposal to amend the
Constitution to allow for remarriage. In addition, there has
been widespread public debate in the media, which it is
expected will continue until the referendum date,
including extensive debate on radio and television. The
defendants do not accept that it is impermissible for the
Government to spend money in promulgating the
Government's sincerely held view in relation to important
matters of policy, and indeed it is difficult to understand
how Government could inform public opinion and
promulgate its views and put forward the passing of a
referendum on an important issue such as the right to
remarry without involving the expenditure of monies.
15. Further, it is my understanding of the relationship
between the various branches of government, that it is not
open to the courts to direct the executive as to how public
funds ought or ought not to be expended. Further, the
defendants do not accept that the plaintiff's rights as an
individual citizen have in any way been or will be affected.
Indeed, she appears to be particularly well informed for
the purpose of reaching her own views on the issues which
will be before the people.
16. So far as the application for an injunction made on
behalf of the plaintiff is concerned, a considerable amount
of expenditure has already been incurred particularly in
the production of the proposed leaflet to each household
'Referendum on Divorce, some questions and answers', as
well as on the consultancy fees relating thereto, and also
on the leaflet 'A right to remarry' to which I have already
referred. If an injunction is granted, that expenditure will
have been wasted."
The issues which arose in the High Court and in this Court
were
(i) whether the Government was entitled to expend public
English text.
2. (1) The amendment of the Constitution effected by this
Act shall be called the Fifteenth Amendment of the
Constitution.
(2) This Act may be cited as the Fifteenth Amendment of
the Constitution Act, 1995.
SCHEDULE
Part II
2 A court designated by law may grant a dissolution of
marriage where, but only where, it is satisfied that [1995]2 I.R.
McKenna v. An Taoiseach (No. 2)Hamilton C.J.
30S.C.
i. at the date of the institution of the proceedings, the
spouses have lived apart from one another for a period of,
or periods amounting to, at least four years during the
previous five years,
ii. there is no reasonable prospect of a reconciliation
between the spouses,
iii. such provision as the court considers proper having
regard to the circumstances exists or will be made for the
spouses, any children of either or both of them and any
other person prescribed by law, and
iv. any further conditions prescribed by law are complied
with."
The law in force relating to this referendum is contained
in the Referendum Act, 1994.
As appears from the affidavit of Mr. Lynch and the
defence filed and submissions made on its behalf, of the
Government has and intends to let its view be known, with
the aid of public funds and in a trenchant and forthright
manner.
In the course of his judgment, the learned trial judge
correctly stated at p. 15 of the report:
"It is not the function of this court to pass judgment on
the wisdom, still less the political expediency of the
actions of the Government and the Dil. I am solely
concerned with whether they are, as the plaintiff
contends, invalid having regard to the provisions of the
Constitution."
spouses have lived apart from one another for a period of,
or periods amounting to, at least four years during the
previous five years,
(ii) there is no reasonable prospect of a reconciliation
between the spouses,
(iii) such provision as the court considers proper having
regard to the circumstances exists or will be made for the
spouses, any children of either or both of them and any
other person prescribed by law, and
(iv) any further conditions prescribed by law are complied
with.
2. If you approve of the proposal, mark X opposite the
word YES on the ballot paper.
3. If you do not approve of the proposal, mark X opposite
the word NO on the ballot paper.
4. A copy of the Bill can be inspected or obtained free of
charge at any Post Office."
The Government maintained at all times their right in
exercising the executive power of the State, to let its view
be known with the aid of public funds in a trenchant and
forthright manner, or in the words used in the defence
filed on its behalf to maintain the right to urge the
electorate in favour of a particular outcome to the said or
any proposed referendum.
This claim by the Government must be considered in the
light of the provisions of the Constitution particularly in
relation to the provisions of Article 46 and 47 and the role
of the People therein.
It was the People who, in the words of the Preamble to the
Constitution, adopted, enacted and gave to themselves,
the Constitution, and under the terms of the said
Constitution, it is the prerogative of the People to amend
any provision thereof by way of variation addition or
repeal in the manner provided by Article 46 of the
Constitution.
Article 46 of the Constitution provided for the initiation in
Dil ireann of every proposal for an amendment of
the Constitution and for its submission, after it has been
passed by both Houses of the Oireachtas, to the decision
of the People "in accordance with the law for the time
being in force in relation to the Referendum".
This is the constitutional process by which the
of the people with the function of law making was the only
argument adduced in its support; yet its place in the
general design of the Constitution leaves little doubt as to
its inspiration and purpose. Its model is to be found less in
the older American, Australian and Swiss precedents than
in the post-War Constitutions of the new continental
republics. In the latter, democratic zeal, political
doctrinairism and distrust of the mechanism of parties and
parliaments had combined to produce a highly involved
design of direct legislation interwoven with the fabric of
representative institutions. On that elaborate pattern the
Irish system was framed."
To concentrate on the method provided for amending the
Constitution of 1922, it was to be by referendum and
required a majority of voters on the register or two thirds
of the votes recorded to be in favour of the amendment.
This provision was not to be operative until 1930, since it
was provided that the Constitution would be amended in a
flexible way, namely by ordinary legislation, for its first
eight years. Since that original eight year period was
extended for a further eight year period, no referendum
was in fact held under the Constitution of 1922.
In any event, along the way, the Government had become
disenamoured of the referendum procedure and a Cabinet
sub-committee set up in 1924 recommended its abolition.
The circumstances surrounding that decision, and its
consequences need not detain us now.
The Constitution of 1937 provided that it could be
amended by ordinary legislation for a three year period
only from the date of the coming into operation of the
Constitution. Two amendments were thus effected.
Thereafter, the Constitution could only be amended by
vote of the People at a referendum in accordance with
Articles 46 and 47 of the Constitution. It was not until
1959 that the first referendum was held. This involved a
proposal to change the voting system from proportional
representation to the straight vote, which was defeated;
as was an identical attempt in a further referendum which
was held in 1968.
The provision of the Constitution in issue in the
forthcoming referendum is Article 41, s. 3, sub-s. 2, which
provides:
[1995]2 I.R.
McKenna v. An Taoiseach (No. 2)O'Flaherty J.
45S.C.
"No law shall be enacted providing for the grant of a
dissolution of marriage."
On the 26th June, 1986, the People were asked to remove
the absolute prohibition on divorce contained in this
Article and to replace it with a set of constitutional
provisions allowing divorce in quite restricted
circumstances.
As is well known, the opinion polls taken at the time when
this proposal was first mooted suggested that there would
be a decisive vote in favour of the amendment; things
turned out differently on polling day when there was a
decisive vote against the proposal. This has great
relevance to the issue that we have to decide because it
was submitted before us that not alone is the Government
seeking to advocate a particular point of view but it does
so against the background of what happened on the
occasion of the last referendum on this topic. It is
submitted that it is, by means of this advocacy, unfairly
trying to tip the scales in favour of its position. While the
proposed wording is different to 1986, the concept is the
same which is to remove Article 41, s. 3, sub-s. 2 of the
Constitution and permit of the right to persons who have
separated to remarry. The argument advanced on behalf
of the plaintiff is to say that in light of that background the
Government has all the greater obligation to make sure
that public money is not used to promote one side to the
exclusion of the other.
I think there is great force in this argument and it must be
remembered, too, that while a Bill containing a proposal to
amend the Constitution cannot contain any other
proposal, there is nothing to prevent a referendum being
held on the same day as a general election or presidential
election and this has, in fact, happened in the past.
Therefore, if we were to uphold the legitimacy of the
present proposal, there would be a temptation for
Government in an election atmosphere to stray in other
directions with further inducements and thus sully the
Blayney J.
Two very important issues arise for determination on this
appeal: firstly, is the Government entitled to expend State
monies on funding a publicity campaign directed to
persuading the public to vote in favour of the proposed
amendment in the referendum to be held on the 24th
November? And secondly, if the Government is not
entitled to do this, can the Court intervene by way of
injunction to prevent it?
Article 46, s. 2 of the Constitution lays down the
procedure for amending the Constitution:
"Every proposal for an amendment of this Constitution
shall be initiated in Dil ireann as a Bill, and shall
upon having been passed or deemed to have been passed
by both Houses of the Oireachtas, be submitted by
referendum to the decision of the people in accordance
with the law for the time being in force relating to the
Referendum."
The law for the time being in force relating to a
referendum is the Referendum Act, 1994. This Act is
principally concerned with the manner in which a
referendum is to be held and with the procedure for
challenging the result of a referendum by referendum
petition. Two sections, however, deal with how information
in regard to the referendum may be given to the public.
Section 22, sub-s. 1 provides as follows:
"An Post shall cause copies of the Bill containing the
proposal which is the subject of the referendum to be
made available for inspection and purchase by members
of the public at such post offices as shall be agreed upon
between the Minister and An Post at all times at which
such post offices are open during the period commencing
on
[1995]2 I.R.
McKenna v. An Taoiseach (No. 2)Blayney J.
48S.C.
the fifth day after the date of the order appointing the
polling day and ending on the polling day."
And s. 23, sub-s. 1 of the Act provides as follows:
"At a referendum a statement in relation to the proposal
amendment of
[1995]2 I.R.
McKenna v. An Taoiseach (No. 2)Blayney J.
49S.C.
the Constitution had been passed, would have any further
role to play other than to submit the Bill by referendum to
the decision of the People. In spite of this appearing to be
the position, is the Government nonetheless justified not
merely in advocating a "Yes" vote, but in using public
funds to finance a publicity campaign in support of this
view? On behalf of the plaintiff, Mr. Forde submitted very
strongly that it is not. He submitted that the Government's
action constitutes a breach of the individual's right to
equality before the law. He argued that the Government,
by employing public money in support of one side in the
referendum debate, without express legislative authority
to do so, was failing to observe equal treatment in a
critical political process.
On behalf of the State, Mr. O'Driscoll submitted that there
was a duty on the Government to submit the amendment
to the People in an affirmative way, to campaign for a
"Yes" vote and a necessary requirement was that the
campaign should be financed. The expenditure on
publicity was accordingly justified.
In considering how the first question which I outlined at
the beginning of this judgment should be answered, one
starts with the basic position that the Constitution requires
that the amendment be submitted to the decision of the
People and that this is to be done in accordance with the
Act of 1994. As I indicated earlier, neither the provisions of
the Constitution nor the provisions of the Act of 1994
envisage that the executive would have any role other
than to submit the amendment to the decision of the
People. No guidance is given as to how this role is to be
carried out, but since it is a role imposed on the executive
by the Constitution in connection with the very important
constitutional right of the People, that is voting at a
referendum, I am satisfied that constitutional justice
requires that the executive should act fairly in discharging
it, not favouring any section of the People at the expense
of any other section. This would seem to be a minimum
SHARE
2
Nama chief Frank Daly rejects claims made by Seamus McCarth
that Nama should have received more for the Project Eagle loan
portfolio Picture: Tom Burke
dysfunctional parliament?
IV. Will the long-suffering political generation stand up for
the republic?
V. Conclusion
Abstract
In recommending the constitution to Dil ireann in the
summer of 1937, the Taoiseach, Eamon de Valra,
forthrightly asserted: if there is one thing more than any
other that is clear and shining through this whole
constitution, he insisted, it is the fact that the people are
the masters. The language is striking in the context of a
republican analysis. Following the lead of Philip Pettit and
Quentin Skinner, neo-republican scholars theorize the idea
of freedom by reference to the image of the master-andslave relationship. The slaves situation captures the very
essence of domination, or unfreedom. He lives in
potestate domini: in the power of a master. His choices are
reliant entirely on his masters will. His master can
therefore interfere in his choices on an unchecked or
arbitrary basis and it is this fact, republicans suggest, that
explains the slaves state of unfreedom.
The republican concern for the checking of power is
fundamental in this analysis of the Westminster model of
responsible government and its incorporation into the
nascent Irish state in the constitutions of 1919 and 1922.
For republicans, the responsible element is critical. The
thought is that those who wield executive power do not
enjoy it on an arbitrary basis: they are responsible, in the
sense of being accountable or answerable, to parliament.
Their power is controlled by the peoples representatives
and so the decisions taken by government ministers
running the departments of state are taken with both eyes
firmly fixed on the peoples interests and the common
good. In theory at least, executive power is exercised on
the peoples terms. In this way, the Westminster model of
responsible government seems to do well by the
republican account of freedom as non-domination.
This analysis is simplistic, of course, and ignores some
grave problems in the Westminster model as it works in
practice. Most obviously, it ignores the fact of the effective
fusion of executive and legislative power, and the related
ConstitutionandGovernmentof
Ireland
CONSTITUTION
Ireland is a parliamentary democracy. The National
Parliament (in the Irish language, Oireachtas) consists of
the President (an tUachtarn) and two Houses: a House of
Representatives (Dil ireann) and a Senate (Seanad
ireann). The sole and exclusive power of making laws for
the State is vested in Parliament. The functions and
powers of the President, Dil and Seanad derive from the
Constitution of Ireland (Bunreacht na hireann) and law.
The Constitution of Ireland is the basic law of the State. It
was adopted by plebiscite in 1937. It is the successor of
the Constitution of Dil ireann (1919) and the
Constitution of the Irish Free State (1922). The
Constitution states that all legislative, executive and
judicial powers of Government derive from the people. It
sets out the form of government and defines the powers of
the President, the two Houses of the Oireachtas and the
NPM practices.
In light of the recent financial crisis and the reform agenda
proposed by government, this paper will examine the
impact the financial crisis has had on the Irish civil service,
with respect to Hoods theory for public sector reform, and
a greater concentration on performance management and
measurement. This will be completed with specific
reference to the Performance Management and
Development Systems (PMDS) in the Irish civil service. The
paper will examine the civil service in general, through a
literature review of traditional public administration, new
public management and the evolution of the Irish civil
service. Finally, PMDS will be examined under the scope of
reforms proposed in 2011, drawing on experiences of
serving civil servants.
Review of the Literature
What is known of the history of organised administration
through time would indicate that there were common
forms of self-awareness and the codification of structures,
practices and values in the area of public administration
as civil societies began to organise and emerge (Waldo,
1984:14). The existence of organised and systemic
bureaucracies in the ancient civilisations of Egypt, China,
Greece and Rome has long been acknowledged (Lynn,
2005:29). Creel (1964:155-156) in his research on early
bureaucracies found that officials were selected by civil
service examinations and educated in dedicated
universities back as far as 124 B.C., creating career
bureaucrats from an early age.
This evidence indicates that public
administration/management is not a new phenomenon.
Even on the matter of the title, there is a question as to
whether a distinction can be made between
management and administration, an argument that has
persisted since Henri Fayol in 1916. In the context of this
research we may take both terms as encompassing the
organisational structures, managerial practices and
institutional values that are enacted on the authority of a
Blythes praise for the system, could be the fact the Irish
administration had undergone a significant greening
process in the years preceding independence. This was
achieved through developments in open recruitment
procedures from the 1870s for lower grade positions, and
the discriminatory practice of promotion and appointment
of those with a nationalist persuasion to positions within
the service (McBride, 1991:304-312). This, coupled with
the introduction of the Local Government of Ireland Act,
1898, was at the time, the final step in modernising the
local government system and it may be argued that both
were significant factors in the gradual decline of British
influence in Ireland (Quinlivan, 2012a) (Coakley, 2010:9).
Yet, despite a fulsome endorsement of the administrative
system from the Minister for Finance, there were some
within Government who believed the system the state
took over was shambolic. Recalling the early days of
independence, Kevin OHiggins, the Minister for Justice in
1922 described what he saw as facing the Provisional
Government as (de Vere White, 1986:83-84):
[] eight young men in City Hall standing amidst the ruins
of one administration with the foundations of another not
yet laid, and with wild men screaming through the
keyhole. No police force was functioning through the
country, no system of justice was operating, the wheels of
administration hung idle, battered out of recognition by
the clash of rival jurisdictions
The latter part of OHiggins statement would seem to
contradict Blythe and McBrides view of the civil service at
the time, indicating that on handover of sovereignty, the
British left the new Irish State with very little. This was not
the case on a number of levels. At the constitutional level,
many roles and competencies had evolved over time and
would eventually prove invaluable reference points for the
new State builders. On the political level, traditions and
practices, most predating 1922, existed. This meant the
new parliamentarians would not face such a steep
learning curve. And finally, at the administrative level, the
evolution of a large civil service bequeathed to the new
(MacCarthaigh, 2014).
New government, new reform plan, same old PMDS?
In 2011 the new Fine Gael-Labour government began its
reform efforts for the public service by first creating a
Department of Public Expenditure and Reform, to reduce
public spending and improve public services through
reform (DoPER, 2014a). Following a review of existing
practices and with reference to the ambitions of the
programme for government, in November 2011, the
Minister for Public Expenditure and Reform, Brendan
Howlin, presented the governments comprehensive Public
Service Reform Plan.
The plan commitment to the pursuit a high
performance culture in the public service by;
strengthening performance management, enhancing staff
development and dealing with underperformance where it
occurred through the implementation and consolidation of
a performance management system (DoPER, 2011).
Existing systems in the civil service would be specifically
targeted for improvement, with a new Role Profile Form
(RPF) and an effort for greater integration between PMDS
and HRM policies and related processes, something the
original PMDS failed to achieve as per the 2004 progress
report (OECD, 2008:82).
The following year saw the Public Service Reform
Plan: First Progress Report published. The report outlined
how substantial headway had been made on PMDS
reforms as agreed with the public sector unions. The
streamlining of paperwork for completion of annual
reviews had been agreed, reducing the RPF from three
separate documents to one single form. Recognising a
lack of engagement between staff and management
previously cited by staff in the 2004 report, more
meaningful co-operation was agreed upon by both parties.
The last point to emerge from the first progress report in
relation to PMDS was the revised performance rating
scale. This represented an important development, by
virtue of the fact that the revised scale, linked to the
payment of salary increments was being amended. Staff
References
Ahern, B. (2002), An Taoiseachs Speech to the Financial
Services Ireland, [Annual Members Dinner]. 18 September.
Barrington, T. J. (1980), The Irish Administrative System,
Dublin: Institute of Public Administration.
Barzelay, M. (2002), Origins of New Public Management:
an international view from public administration/political
science, in Kate McLaughlin, Stephen P. Osborne and
Ewan Ferlie (eds.), New Public Mangement Current
trends and future prospects. London: Routledge.
Bebbington, D.W. (1993), William Ewart Gladstone Faith
Routledge.
OECD (2008), OECD Public Management Reviews: Ireland Towards an Integrated Public Service, Paris: OECD
Publishing.
Peters, B.G. (1989), The Politics of Bureaucracy, 3rd edn.,
New York: Longman.
Pollitt, C. (1993), Mangerialism and the Public Services:
Cuts or Cultural Change in the 1990s, 2nd edn., Oxford:
Basil Blackwell.
Pollitt, C. (1993), Managerialism and the Public Services,
Oxford: Basil Blackwell.
Pollitt, C. (2002), Clarifying convergence: striking
similarities and durable differences in public management
reform, Public Management Review, 4(1), pp. 471-492).
Pollitt, C. (2005), International Experience of Public
Management Reform: Lessons we can Learn? [Presentation
to the Department of the Taoiseach]. 19 January.
Quinlivan, A. (2011a), Public Management, [Lecture to BSc
Government II]. 28 September.
Quinlivan, A. (2011b), Four Men and a Model (of Public
Management), [Lecture to BSc Government II]. 5 October.
Quinlivan, A. (2011c). Forces of Change, [Lecture to BSc
Government II]. 18 October.
Quinlivan, A. (2012a), Case Study: Irish Civil Service.
[Lecture to BSc Government II]. 30 January.
Quinlivan, A. (2012b), Case Study: Irish Civil Service.
[Lecture to BSc Government II]. 21 February.
Sarantakos, S (2004), Social Research, 3rd edn,
Basingstoke: Palgrave Macmillan.
here http://mikegavin83.com/book/
or you my order a copy from Amazon
Amazon UK goo.gl/vbnCqF
Amazon USA goo.gl/Mg6jDh
"Well written account of the injustice perpetrated against
an innocent man aided and abetted by the Irish legal
profession to steal this elderly man's money from him. The
Why Does This Man Goe Public Overtime he Give A Donation The
Media Get to Hear about It, If you Voluntary Give a Donation to Such
Good Causes why was he not Discreeet, if i were given a donation i
wouldn't want the Media to know, you give from the Heart not For
publicity Stunt PR
http://www.sundayworld.com/news/brendan-ocarroll-sorts-2-800irish-families-with-christmas-dinner
By Rita Cahill
manner and I sincerely apologise to all ESB staff for any hurt
caused by recent reportage," he said.
"Throughout my address, I repeatedly stated that I am lucky and
privileged to represent the staff in ESB. I reiterate that comment
now." he said.
"In that role, I have consistently pointed out to staff that due to
the downturn, loss of customers and the fall off in project
development that 'gravy' which all workers in the public and
private sector benefited from during the so-called Celtic Tiger
years would dry up."
His "gravy" comments came to light as the ESB announced a 12pc
hike in prices.
http://www.herald.ie/news/esb-now-admits-it-pays-80000-a-year-tohardline-union-boss-ogle-27988125.html
Text content
YESTERDAY, THE GOVERNMENT announced plans to
introduce rental increase caps of 4% per year in certain
rent pressure zones in Dublin and Cork.
The move, which forms part of Governments new rental
strategy, is one of the most substantive yet in its battle
with a housing crisis that has dogged the country for some
years now.
However, the plans have not exactly met with universal
approval. Sinn Fin have accused Housing Minister Simon
Coveney of failing renters, while Fianna Fil, on whose
support the Government consistently relies given their
confidence and supply arrangement, have said the plan
is flawed and needs to account for additional cities (whilst
Taoiseach Urged To
Make Statement On
Irish Water
Fianna Fil Leader Michel Martin has called on the
Taoiseach, Enda Kenny, to make an "urgent
statement on the future of Irish Water and water
charges after the entire financial model for the
quango failed to meet key EU rules".
Mr Martin said the failure of Irish Water to get
approval from Eurostat to be treated as a standalone semi-State operation exposes the
Governments disastrous water policy for what it is.
"The whole debate around Irish Water and the
introduction of water charges has been punctuated
by mistruths, threatening rhetoric and
mismanagement from Government at every
juncture," Deputy Martin said.
"The fact that Irish Water has failed to meet the
Eurostat test is a damning indictment of the policy
that has been adopted and the rush to establish
the agency and bring in water charges.
"We need to get a comprehensive statement from
the Taoiseach about what the Government intends
to do now. The EU has completely exposed the lie
at the heart of the Irish Water horror story. Irish
Water will not be able to stand on its own without
government financial aid unless it increases water
charges. The Fine Gael model for this agency all
along was that households would be paying high
charges within a matter of years. In fact looking at
the detail of the Eurostat decision today it is clear
Eurostat Report
'Major Blow' To
Government
EU Water
Framework Directive
Will Not Force Water
Charges - FF
The proposed EU Water Framework Directive will
not force any new government to retain water
charges, Fianna Fil's Spokesperson on Public
Expenditure and Reform, Sean Fleming, has said.
Deputy Fleming has said that the 'polluter pays'
principal in the directive does not bind Ireland to
the imposition of domestic water charges.
"We absolutely contest the legal advice being put
forward by Irish Water. It's important to recognise
that this legal advice was commissioned by Irish
Water, and it should be examined with caution in
light of this. It's extraordinary to see Irish Water
quoting EU rules as sacrosanct considering they
failed to meet the key Eurostat market test last
year," Deputy Fleming said.
"Under Article 9 of the Directive, Member States
are required to ensure the price charged to water
consumers, both domestic and non-domestic, for
the distribution of fresh water and treatment of
waste water reflects the true costs.
"However Member States have a clear opt-out
clause (Article 9.4) from domestic water user
charges, which allows that Member States may
"take account of the social, environmental and
economic effects of water usage in recovering the
Domestic Water
Charges' - SF
The government must "end the imposition of
domestic Water Charges completely", Sinn Fin
leader Gerry Adams has said.
Mr Adams claims that the government is set to
reduce water charges in the coming Budget,
following a "collapse" in support for Government
parties in the recent by-elections and a major
protest in Dublin. However, he added that a
reduction would not assuage public anger.
Mr Adams said that following a major protest in
Dublin "the Government has been given a very
clear message - it must end the imposition of
domestic Water Charges completely".
He added: "The Governments policies have been
rejected. It has lost its mandate. It needs to
introduce a budget that gives a break to struggling
families and hard-pressed citizens.
"The first item on the agenda should be the
scrapping of water charges. Alternatively the
government should put its policies to the people in
a General Election."
Deep Dysfunction'
In Government Over
Irish Water
05/11/2014
The comments of former Minister Fergus O'Dowd,
who described the set-up of Irish Water as an
"unmitigated disaster", point to a "deep
dysfunction" in the establishment of the company,
Fianna Fil Spokesperson on Environment, Barry
Cowen, has said.
Deputy Cowen said that many of the concerns
Govt Accused Of
Putting Lives At Risk
With Water
Treatment System
The government has been accused of putting lives
at risk with its "failure" to put in place a 21st
century water treatment system.
Sinn Fin Senator Trevor Clochartaigh made the
comment following the publication of the
Environmental Protection Agency's Urban Waste
Water Report for 2014.
"The EPA's Urban Waste Water Report makes for
shocking reading. It shows that raw sewage is
being discharged into at least forty-five rivers,
Irish Water
Criticised Over
Attitude To Lead
Piping
07/08/2015
Sinn Fin Environment Spokesperson has branded
Irish Waters attitude to lead piping in the water
system as "disgraceful".
Brian Stanley made the comments after the
company sent letters to 26,000 households saying
that they would not be removing lead pipes until
householders took action first.
He went on to criticise the amount of money
wasted on the introduction of water charges with a
complete lack of proactive measures being taken
by Irish Water.
Households To Pay
800 Million To Pay
For New Water
Company
18/04/2012
Following the continuing controversy over who will
foot the bill for the installation of water meters, the
government last night confirmed that households
Background
On the evening of 21 November 2010, the then Taoiseach
Brian Cowen confirmed that Ireland had formally requested
financial support from the European Unions European Financial
Stability Facility (EFSF) and the International Monetary Fund
(IMF).
As part of this request for financial support, the Irish
government had to seek a 67.5 billion bailout from the EU,
other European countries (via the European Financial Stability
Facility fund and bilateral loans) and the IMF as part of an
overall total 85 billion programme.
The Irish State assigned 17.5 billion to this bailout; an
amount that was equal to the Total Discretionary Portfolio of
the National Pensions Reserve Fund. The initial interest rates
stipulated for the irish bailout loans were onerous, coming in
at around 6% over all the lenders although these were
rapidly adjusted to well below market rates (averaging
somewhere around 3% across all lenders).
As part of the terms and conditions of the Bailout Programme,
the Irish government agreed to a range of cost cutting and
revenue increasing measures aimed at bringing Irelands public
finances under control. These terms and conditions continued
to be met when a change of government occurred in March
2011 after the general election. By August 2011, total funding
for the six Irish banks by the ECB and the Irish Central Bank
came to about 150 billion.
Announcement
Taoiseach Enda Kenny TD confirmed in a speech to Dil
Eireann yesterday that the Irish Government had made the
decision that Ireland will exit the EU/IMF programme in
December as planned and without a pre-arranged
precautionary credit facility. The Irish Governments
assessment is that the best option for Ireland is to exit the
programme as planned in December without a pre-arranged
backstop. A number of reasons were cited including:
The market and sovereign conditions are favourable
towards Ireland with the country returning to the markets in
2012. In addition, Ireland is holding over 20 billion in cash
reserves at year end which can be used to ensure that we can
meet our maturing commitments and funding costs till early
Background
Key Elements
1
1
1
1
1
1
1
1
1
1
1
Migration
The European Council looked at the implementation of the EUTurkey statement, which was agreed in March 2016, and
reiterated their commitment to it. The Council also assessed
the progress on the agreements signed with five African
countries of origin and transit under the Partnership
Framework tool for addressing illegal migration, and called
upon Member States to step up their engagement in this
regard.
Leaders discussed the reform of the Common European
Asylum System, welcoming where progress had been made
while recognising that there was still work to be done. This
work will be taken forward during the Maltese Presidency in
2017, with the aim of achieving consensus.
External Relations
The European Council discussed the EU-Ukraine Association
Agreement in light of the result of the Dutch referendum on
the issue in April 2016. A Decision was taken to address
concerns expressed prior to the referendum, including
reassurances related to Ukraines accession status and security
assistance. This Decision is intended to help clear the path for
the Netherlands to ratify the Agreement, as all other Member
States have done.
There was unanimous agreement to extend the sanctions on
Russia until mid-2017, with a formal decision to be adopted in
the coming days.
The situation in Syria was discussed as leaders condemned the
continued assault on Aleppo by the Syrian regime and its allies
and pledged to work constructively with all partners. Before
the meeting, President of the European Council, Donald Tusk
had met the Mayor of Aleppo, Mr Brita Hagi Hasan, and
invited him to address the leaders directly.
Security
Prior to the summit, President Tusk said that the aim of the
European Council in relation to security was clear: to
strengthen Europes security in a challenging geopolitical
environment, and to better protect our citizens. Focus is on
three priorities: the EU global strategy in the area of security
and defence; the European Defence Action Plan; and
implementation of the common set of proposals which follow
up on the EU-NATO Joint Declaration signed in Warsaw in July
2016.
The European Council agreed on greater military cooperation,
more defence spending, and improved EU-NATO cooperation.
Leaders also agreed on tough deadlines for progress on
internal security, notably on the European Commissions
proposal to pre-screen travellers from visa-free countries in
conjunction with EU databases. NATO Secretary General, Jens
Stoltenberg, joined the beginning of the meeting to discuss
EU-NATO cooperation.
Brexit
Background
Parliament vote
This was the first time that there has been a failure to elect a
President in both the Parliament and the Electoral College
since Estonian independence in 1991. Siim Kallas blamed a
failure of the electoral system for the result, saying that he
would not run for a third time. Allar Joks also withdrew from
the contest, saying that he would not pursue the Presidency
any longer.
the crisis could have gone even deeper with greater and
longer lasting costs for not just the United States but for
the world economy and countries like Ireland. Were
beginning to see some positive signs, but were very
conscious of the fact that the United States must right its
own economic boat, in order to lead the global recovery.
And I dont think a day goes by that this Administration,
particularly the President and the economic team, are not
focused on what more we can do.
So the responsibility that our country and our government
has assumed is one that we will continue to see through. It
is certainly a concern to us that good friends, like Ireland,
have suffered the negative growth that the Taoiseach just
referred to, but it is also very heartening to see the
positive steps that this government has taken to begin to
deal with the underlying economic challenges.
With respect to Northern Ireland, there are really three
points. I mean, one, yes, it is a moral issue. As the
Taoiseach said, many people who are despairing over the
prospects of peace look to Northern Ireland. They think to
themselves that if it could be done there, then perhaps
we, too, have a chance to try to cross that border between
conflict and peace and chart a different future for
ourselves and our children. And its been an example, and
it certainly is an encouragement to me Im one of those
who refer to it often in conversations with those engaged
in other conflicts.
Secondly, I think the day-to-day realities of peace have
been not only good for the people of Northern Ireland, but
they have recognized that it makes a difference, if your
husband goes off to work in the morning, you dont have
to worry about whether he comes home at night. Or if your
son goes off to the pub at night, you dont have to worry
whether hes going to make it back. There is a sense of
relief at the end of the troubles and a commitment to a
different way forward. That doesnt mean its been easy or
that it will be easy. This is like so many other deeply held
conflicts that have to be worked at and constantly moved
toward a different outcome.
https://www.siliconrepublic.com/e
nterprise/taoiseachopens
roundtablediscussion
VoteNointheIrishEU
referendum
12June2008
TheSocialistEqualityPartiesofBritainandGermanycallfora
decisiveNovoteintodaysreferendumintheIrishrepublic
ontheEuropeanUnionsLisbonReformTreaty.
TheTreatyisanattemptbytheEuropeanbourgeoisietobypass
popularhostilitytoitsplanstoconsolidateatrade,militaryand
politicalblocattheexpenseofworkerssocialprovision,wages,
democraticrightsandworkingconditions.Thisiscoupledwith
asignificantexpansionofmilitarism.
In2005,votersintheNetherlandsandFranceoverwhelmingly
rejectedtheseplans,votingdowntheEuropeanUnions
proposedConstitution.Now,viathebackdoorandina
fundamentallyantidemocraticmanner,theEuropean
bourgeoisieisattemptingtoimplementthesesamepolicieswith
theLisbonTreaty.BysubstitutingthewordTreatyfor
Constitution,theEuropeanpowershavesoughttopreventany
furtherexpressionsofpopularsentimentfromvetoingtheir
objectives,aswasthecasewithreferendumsonthenow
abandonedconstitutioninFranceandtheNetherlands.
Aswiththeconstitution,theTreatymakesclearthatthe
Europeanrulingeliteseffortstomoreeffectivelycompete
againsttheirglobalrivalsparticularlytheUnitedStatesare
tobepaidforbyworkingpeople.
TheTreatyupholdseconomicliberalismasacoreEUobjective,
buildingontheBolkesteinDirective,whichsanctionsthe
wholesaleprivatizationofpublicservicesandwelfareprovision
acrossEuropewhileoverturninglabourprotections,particularly
inEasternEurope.
Atthesametime,itcreatesanewposteffectivelythatofa
Europeanforeignminister,althoughthistermcannotbeused
whosepurposewillbetopressaheadwitheffortstoforgea
moreeffectivemilitarycomponentfortheEuropeanUnion.Its
aimistoensurethatEuropenolongerhastotakeabackseatto
theUnitedStatesintherevivalofneocolonialismseeninIraq
andAfghanistan,butisabletolaunchitsownmilitary
interventions,whereveritstradeorpoliticalinterestsrequireit
todoso.
Aspartofthisconsolidation,by2014decisionmakinginmany
policyareasistobebymajorityvotinginsteadofrequiring
unanimousendorsement.Thiswillstrengthenthecontrolofthe
morepowerfulstates,especiallyGermany,overthesmall
accessioncountries.
BothFranceandtheNetherlandshavesubsequentlyruledout
anyreferendaontheTreaty,ashavethemajorityofEUstates,
whichintendtoadopttheagreementthroughtheirvarious
parliaments.FifteenhavesofaragreedtotheTreaty,which
mustberatifiedbyall27memberstatesintimeforthe2009
Europeanelections.
OnlyIrelandisconstitutionallyobligedtoholdareferendum.
Thus,outofaEuropeanpopulationof620million,onlyone
countryoffourmillionwillbegivenanysayontheTreaty.
EventhishascausednervousnesswithintheEuropeanruling
elite.
Formally,anIrishNovotewouldmeantheendofthetreaty.
ThishasledEuropeanCommissionpresidentJoseManuel
Barrosoto
declarethatthereisnoPlanBandthataNovotewould
haveaverynegativeeffectfortheEU.
TheEuropeanrulingelitefearsthatanIrishrejectionwould
furtherdisruptEUconsolidationbyexposingitscompletelack
ofpopularsupport,andstillresultinapermanentlyweakened
bloc.Itisnothardtoseewhy.Acrossthecontinent,tensof
thousandsoffarmers,fishermenandhauliersarecurrently
involvedinmassprotestsagainstescalatingfuelcoststhat
threatentoruintheirbusinessesanddestroyjobs.
Theseprotestsareonlytheforetasteofthesocialmovementsto
come.TheworldeconomiccrisisheraldedbytheUSsubprime
mortgagecollapseandtheconsequentriseinthecostsof
essentialcommoditieswillonlyamplifythedemandsofnational
governmentsandthetransnationalcorporationsforevengreater
inroadstobemadeintothelivingstandardsanddemocratic
rightsofworkingpeople.Thisinturnwillinevitablyprovoke
massresistance.
InoneofthemostgloomyassessmentsoftheEUsprospects,
theBertelsmannStiftungthinktanknotedtheoptionsfacingthe
EUinthefaceofrejection:callanothervoteinIreland,further
amendaconstitutionalreformalreadydesignedtobe
impenetrable,giveIrelandfurtheroptoutsfromEUlegislation,
orabandonattemptstoreformtheconstitutionaltogether.
TheBertelsmannreportGreenLightfromtheEmeraldIsle?
concludedthatnoneoftheseoptionswereattractive:Thisis
whytheEuropeanUnionandtheIrishgovernmentarebetting
everythingononeoutcome.AnovoteintheIrishreferendum
wouldthereforebeanutterdisasterforEurope.
InrealitythereisnoreasontosupposethattheEUwillallowa
popularverdictagainstitsproposalstopreventthemfrombeing
implemented.Itisunlikelythatasecondreferendumwillbe
organized,aswasthecasein2002afterIrelandinitiallyrejected
theTreatyofNicein2001.Moreprobablythemeasures
containedintheLisbonTreatywillbeimplemented
surreptitiously.Thechangesinvotingrights,forexample,could
bemootedataforthcomingintergovernmentalconference.
Nevertheless,thepossibilityofanIrishNovoteisastark
demonstrationofhowisolatedanddeeplyunpopulartheEUhas
become.
ForyearsIreland,amajorrecipientofEuropeanfunding,was
consideredoneoftherelativelysafestbetsintermsofsecuring
politicalbackingfortheEU.Allthishaschanged,however,and
significantpoliticalresourcesarebeingdirectedbytheIrishand
Europeanbourgeoisieinanattempttocajoleandintimidate
Irishvotersintodeliveringtherequiredresult.
ThethreemajorIrishpoliticalpartiesFiannaFail,FineGael,
andtheLabourPartyhaveburiedwhatfewdifferencesthey
havetojointlycallforaYesvote.Theyareespecially
concernedthatoppositiontotheTreatywillbecompoundedby
growingdisaffectionwiththeFiannaFail/Greencoalition
government.
World Socialist Web Site
Opinionpollsanticipateaclosevote,andinrecentweeksthe
Nocampaignhasbeengainingground.Thelatestpoll,
publishedSundayJune8,suggests42percentwillvoteYes
while39percentwillvoteNo.Otherrecentpollshavegiven
theNosideaslightmajority.
AtapressconferenceJune9,newlyinstalledIrishTaoiseach
andFiannaFailleaderBrianCowenstated,Westandtogether
intheoverallnationalinterestandbeyondpartisanparty
politics.Irishvotersshoulddotheirpatrioticduty,Cowan
said,havingearlierclaimed,TheprogressIrelandhasmade
wouldnothavebeenpossiblewithoutusbeingpositive
membersoftheEuropeanUnion.EndaKennyforFineGael
saidthattheresultwassocentraltoIrelandsfutureprosperity
thatittranscendedpartydifferences.
TheYescampaignisalsobackedbytheIrishCongressof
TradesUnionsandtheIrishFarmersAssociation.
TheIrisheconomyisdangerouslyexposedtoworldeconomic
recession.WhereoncethesocalledCelticTigerofthe1990s
couldoffercheaplabourandlowtaxestoUScompaniesaiming
atEurope,newinvestmentgenerallygoestoChinaorEastern
Europe.
Moreover,therelativelyhighgrowthratesofrecentyearsinthe
Irisheconomyweresustainedbyapropertybubblethathas
madeDublinoneofthemostexpensivecitiesintheworld,with
anaveragehousecosting386,658.Thissamerelianceon
propertynowmakestheprospectofasharpslumpallthemore
likely.HousepricesinAprilthisyearfellatanannualrateof
9.2percent,comparedwith8.9percentinMarch.Recentgrowth
forecastshavebeenreviseddownwards,whileunemployment
nowstandsatthehighestlevelfornineyears.
AllthepartiesareconcernedthatwhereasinthepastIrelandhas
benefitedenormouslyfromEUlargesseintheformofregional
grants,shouldtheTreatyberejectedfuturerequestswillbe
viewedunfavourably,leavingtheIrishbourgeoisieillequipped
tofendoffdeepeningsocialtensions.
SuchathreatwasimplicitintheremarksofFrenchForeign
MinisterBernardKouchner,whowarnedthatEuropewould
viewatreatyrejectionwithgiganticincomprehension.
Itwouldbevery,veryawkwardifwecouldntcountonthe
Irish,whothemselveshavecountedagreatdealonEuropes
money,headded.
ReferringtotherealpossibilityofaNovote,theFinancial
TimescomplainedthatitseemsextraordinarythattheIrish
couldbesoapparentlyungrateful.
Thelesson,itseditorialcontinued,wasthatitwasabsurdto
putsuchmeasurestothevote.Inthemeantime,Irishvoters
wouldbeilladvisedtorejectit.ThereisnocostfreeNovote.
IrelandwouldbeweakenedinEurope,andEuropewouldbe
weakenedintheworld.
ThecallforarejectionoftheEUtreatybytheEuropean
sectionsoftheInternationalCommitteeoftheFourth
Internationalhasnothingincommonwiththosemadebythe
NocampaigninIreland,whichencompassesSinnFein,
variousrightwingorganisations,leftradicalgroupsandthe
Unitetradeunion.
Whatevertheirdifferencesinemphasissomerightwing
groupsopposetheextensionofabortionrights,whileothers
pointtothedangersofathreattoIrishneutralitythese
campaignsarecharacterisedbyanationalistoutlookwhichonly
weakensanddividestheworkingclassinthestrugglefora
genuinelyprogressivesolutiontothedepredationsofglobal
capital.
SinnFeinistheonlypartywithrepresentationintheDail
(parliament)opposingthetreaty.ButitisproEUandfocuses
onissuessuchasthepossiblelossofapermanentIrish
commissionerand
ahalvingofitsvotingstrength.Itsoppositionisanattemptto
securemorebargainingcloutforIrelandandthesmallernations.
SinnFeinPresidentGerryAdamshasinsistedthatIrelands
placeiswithintheEU,butcomplainsthattoomuchcontrolis
inthehandsoftheEUslargercountries.ANovotewouldbe
usedtoredressthissituation,SinnFeinclaims.
AprimaryconcernforSinnFeinisthefactthattheLisbon
Treatycallsfortheharmonisationofcorporatetaxacross
Europe.ThiscouldmeantheEuropeanCourtofJusticedeciding
thatIrelands12.5percentrateofcompanytaxrepresentsa
distortionofcompetition.SinnFeinsmemberoftheEuropean
ParliamentforDublin,MaryLouMcDonald,hasaccusedthe
governmentofcompromisingIrelandspositionontaxand
neutrality.
ThisconcerntopreservelowcorporatetaxunitesSinnFeinwith
themostprominentNocampaigner,thecommunicationsand
cellphoneentrepreneurDeclanGanley,whoseLibertasgroup
hasattractedconsiderablemediaattention.Ganleyisdescribed
bytheJune10IndependentasIrelandsMysteriousMr.No,
whohasamassedhisfortunewithinternationalventureswhich
havetakenhimtotheUS,Russia,BulgariaandLatvia.
Itadds,SomeofhismanycompaniesdobusinesswiththeUS
militaryindustrialcomplexonesuppliesemergencyresponse
systemstothemilitaryleadingsomeintheYescampto
portrayhimasashadowyfigurewithconnectionsto
neoconservativeswhoseorganisationisbeingbankrolledby
sinistermoneyfromoutsideIreland.
Ganley,whohaspouredmassivesumsintotheNocampaign,
opposestheLisbonTreatyfromthestandpointofsectionsof
Irishbusinesswhowanttocutthealreadyminimalcorporate
taxationlevel.
WhilevotingagainsttheEUasamatterofprinciple,working
peoplecannotgiveanysupporttotheNocampaignontheEU
treaty.
TheEuropeanUnioncannotbedemocraticallyreformedor
adaptedtomeetworkersinterests.TheworkingclassinIreland
andthroughoutEuroperequiresitsownindependentperspective
onethatcounterposestotheEuropeofbigbusinessthe
UnitedSocialistStatesofEurope.
ItisvitalfortheinterestofEuropespeoplethatthecontinentis
united.Inthelastcenturythedivisionofthecontinentinto
competingnationstatesledtothehorrorsoftwoworldwars,
fascistdictatorshipandtheHolocaust.
Butunitycanonlybeachievedinagenuinelyprogressive
mannerbasedonaperspectivethatseekstofundamentally
reorganizetheentirebasisofeconomiclife,throughthe
abolitionofproductionforprofitbasedonthenationstate.Only
suchasocialistperspectivecanrealizethetremendouspotential
ofthewealthandproductiveforcesintheinterestsofsociety.
Thisprogrammerequiresthecomingtogetherofworkersacross
allnational,ethnicandculturaldivides,inacommonpolitical
struggleagainsttheEuropeanUnion,itsinstitutionsandthe
capitalistprofitsystemasawhole.
http://intsse.com/wswspdf/en/articles/2008/06/irelj12.pdf
ECO OMIC CRISIS
All 27 EU Members are in economic crisis. Ireland is worse
than most because of the borrowing binge, housing bubble
and Bank bail-outs which were encouraged by the same
golden circle of politicians and bankers as are now
bringing us Lisbon Two.
The crisis makes Lisbons model of a deregulated,
privatised, let-it-rip EU economy quite out-of-date. Lisbons
proposal to give the Big States from 50- 100% more voting
power in the EU, while halving Irelands voting power to
0.8% would be economically disastrous for us in face of
the economic crisis, as Brussels, Frankfurt and the Big EU
States insist on savage cut-backs being imposed on the
Irish economy.
EMPTY THREATS
There is no question of Ireland being sidelined or pushed
out of the EU or the euro-currency if we stand by our No to
Lisbon. As Irelands EU Commissioner Charlie McCreevy
said in Hot Press last December: There is no provision in
the existing treaties to isolate anybody. There is no
provision to throw out anybody, unless unanimously all the
existing members of the club agreed to throw you out. And
I doubt, now or in the future, any Irish Government is
going to unanimously agree to throw themselves out.
SAME TREATY - DIFFERE T AME
Not a dot or comma of the Lisbon Treaty will be changed
for Lisbon Two. If Lisbon comes into force it will be
interpreted by the EU Court of Justice and not on the basis
of political declarations by
the EU Prime Ministers and Presidents. Germany etc. in the
form of statements These do not change anything in the
about Irelands concerns, even though
ISOLATIO LIE
T he pro-Lisbon campaigners would have you believe that
http://www.ivca.ie/wpcontent/uploads/2011/02/FERFICS-PRESSRELEASE05NOV2010.pdf
The Macroeconomic Effects of Official Debt
Restructuring- Evidence from the Paris Club
22/12/2016
https://www.esm.europa.eu/sites/default/files/wp21
.pdf
Joint statement on
Purchasing power
The Tax Plan again provides for a balanced
increase in purchasing power this year. The
elderly and the young, one- and two-income
households, families and single persons will
on the whole be better off in 2017.
Companies, especially small and mediumsized enterprises, will benefit from an
extension of the lowest corporation tax
bracket. A greater share of their profits will
therefore be taxed at the 20% rate.
fair approach.
Furthermore, Fine Gaels record shows that we have
always sought to prioritise lower earners. As well as
removing low earners from the USC net when we
entered office in 2011, we also restored the minimum
wage back to what it was before it was cut by Fianna
Fil. In the recent Budget, Fianna Fil wanted to limit
the 5 increase to OAPs, whereas we managed to find a
way to include other deserving groups such as carers,
widows, lone parents and people with disabilities.
We have never suggested the immediate abolition of
the USC; that would be irresponsible and would
hamper our plans to ensure the provision of better
public services for people and communities all around
Ireland, now that the economy is recovering. The
Programme for Government commits the Partnership
Government to the continued phasing out of the USC in
a sustainable way and outlines a number of tax
reforms to help fund this policy.
The hypocrisy of Fianna Fil knows no bounds here.
They want to ride both horses as usual. While criticising
Government plans to take low and middle earners out
of USC, they neglect to mention that they actually
wanted more tax cuts that Fine Gael did prior to the
last election. Their manifesto contained 2.92 billion
worth of tax cuts, while the tax package in Fine Gaels
manifesto amounted to 2.46 billion.
Fine Gaels vision is that a job is the best way out of
poverty and so our approach to taxation has always
struck that balance between achieving fairness and
protecting jobs. Only an economy supporting people at
work can pay for the services needed to create a fair
S
S
S
S
http://www.audgen.gov.ie/documents/vfmreports/7
5Irish_Universities_Resource_Management.pdf
National Asset Management Agency Acquisition of
Bank Assets October 2010
http://www.audgen.gov.ie/documents/vfmreports/7
6_NAMA_Acquisition_of_Assets_Rev1.pdf
Special Report 76 of the Comptroller and Auditor
General- National Asset Management Agency Acquisition of Bank Assets Acquisition of Bank
Assets 18 November 2010
http://www.audgen.gov.ie/documents/vfmreports/7
6_NAMA_Acquisition_of_Assets_Rev1.pdf
Financial Regulator Responding to the Financial
Market Crisis 2010
http://www.audgen.gov.ie/documents/vfmreports/7
2_FinancialReg.pdf
The Comptroller and Auditor General has carried out a review of the
annualised hours system in the Irish Prison Service. The report
examines the impact of the annualised hours system on the total
hours required to operate the prison service
http://audgen.gov.ie/documents/vfmreports/93_PrisonServiceHours.pdf
Audited Bodies - North South Bodies (7) jointly audited with NI C&AG
Food Safety Promotion Board
Foras na Gaeilge
Foyle Carlingford and Irish Lights Commission
The Comptroller and Auditor Generals special report on an examination of the National Asset
Management Agencys sale of Project Eagle has been presented to the Houses of the
Oireachtas today, 14 September 2016.
http://audgen.gov.ie/documents/specialreports/proj
ect-eagle/Special_Report_94__National_Asset_Management_Agencys_sale_of_Pro
ject_Eagle_Press_Release.pdf
Report of the Comptroller and Auditor General
2009 Volume 1 Central Government and Revenue
V1
http://www.audgen.gov.ie/documents/annualreport
s/2009/ReportVol1_09_rev4.pdf
Report of the Comptroller and Auditor General
2009 Volume 2 Report of the Comptroller and
Auditor General 2009 Volume 2 Vote Management
http://www.audgen.gov.ie/documents/annualreport
s/2009/ReportVol2_09_rev2.pdf
Ireland' system of slow-motion government and the
lingering death of Anglo Irish Bank 2009
http://www.imf.org/external/pubs/ft/scr/2009/cr091
95.pdf
http://isites.harvard.edu/fs/docs/icb.topic880131.fil
es/Adam.Smith.to.W.Strahan.Death.of.Hume.pdf
6
6
6
6
1
Fresh milk bottles are displayed on desk during a demonstration by
Italian agricultural association Coldiretti in Rome. European Union
farmers will for the first time since 1984 have no legal restrictions
on the amount of milk they can produce as the EU abolishes milk
production quotas (REUTERS/Stefano Rellandini)
fed.
And the brand I chose to continue feeding to my baby once
I was discharged was the brand supplied in the hospital, in
this case Aptamil.
Women who've just given birth, especially with their first
baby, are exhausted, and if the baby doesn't latch on and
feed they will often take the option of the free formula
milk.
Some women desperately need infant formula. I needed it
myself. But the WHO's position and on wards in Ireland
the reality is that most women don't.
I found spending 15 on a box of formula really expensive
and I'm living in a rich country. Imagine how expensive
this is in real income terms in Africa or even China?
But hang on. Surely, if we don't sell this stuff to those
markets, then somebody else will? Black market baby
formula contaminated with melamine not only killed
babies in China but has been found in milk powder sold as
baby formula in East Africa. Surely Irish baby formula is
then the safest option.
But is breast milk not the safest option?
Should we be finding other routes for high-quality Irish
milk rather than baby formula? It's lucrative and valuable
to the rural economy, but it's also undoubtedly
controversial.
The quality of this product is a world-beater but Ireland
could find itself the future focus of international criticism
from NGOs who work in the fields of infant and mother
care.
Is that the price we're willing to pay for our continued
dairy-farm success?
In March, we told you about 15 USDEC Hot Spots for U.S. Dairy
Exporting Info. As this year comes to an end, we thought it would
6
6
agenda perfectly.
Scott Thompson, president of PayPal added, Weve grown
significantly since we first opened our doors in Ireland in 2003, supporting our
growing European business and the millions of customers who live in this
region. This growth is testament to the wonderful collaboration weve
received from the Irish government and the talent of our employees here in
Ireland, both of which have been critical to our past success and our future
growth plans.
To support the new Dublin Centre, PayPal will invest more than 15 million
to train employees and optimise operations to meet the needs of PayPals
growing European customer base. Additionally, PayPal will enhance its
Dublin workforce with new business processes and regional intelligence
positions such as business analytics, product design, risk management,
information technology, operations and merchant services.
An Taoiseach concluded Ireland is becoming renowned as a location for
the most important digital media and Internet-based companies, with many of
the world leaders in the sector now located in Ireland. This additional PayPal
commitment to Ireland is an excellent further endorsement of IDA
Irelands strategy to grow and develop the digital enterprise cluster here
in Ireland.
About PayPal
PayPal is the faster, safer way to pay and get paid online. The service allows
members to send money without sharing financial information, with the
flexibility to pay using their account balances, bank accounts, credit cards or
promotional financing. With more than 70 million active accounts in 190
markets and 19 currencies around the world, PayPal enables global
ecommerce. The company headquarters are located in San Jose, California;
its European headquarters are in Luxembourg (PayPal (Europe) S..r.l et
Cie, S.C.A.); and its international headquarters (PayPal Private Ltd) are based
in Singapore.
About PayPal in Ireland
PayPal Dublin (European Operations) manages all direct customer contact for
their European Business Units. Its key functions and activities incorporate
customer services / risk management; merchant services; vendor
management; and operational excellence. The new centre in Ballycoolin
comprises three buildings, totaling 13,000 sq. metres, connected by an open
atrium, which is visible from all entrances in the complex. It has been built
with the environment in mind, with the buildings entire paneling made
from recycled materials. The building has also been designed to create a
healthier working environment for PayPals workforce with innovative
technical features, such as a chilled beam water-based building cooling
system.
PayPal is an eBay company. More information about the company can be
found at https://www.paypal.com.
http://www.accountingnet.ie/recession_resources/Ta
oiseach_announces_15_million_investment_35_hig
hly_skilled_jobs_to_be_created_printer.php
1.
Role of the Department of the Taoiseach
and Structure of the Department
2.
Government Secretariat
3.
4.
International Affairs
5.
6.
7.
8.
9.
Corporate Affairs
_____________
Role of the Department of the Taoiseach
The Departments role derives from the constitutional and
ceremonial role of the Taoiseach as Head of Government.
The Departments three key functions are:
Northern Ireland
The Taoiseach is the pre-eminent political leader on the
island of Ireland, as well as the leading representative of
the nationalist tradition in Ireland. In recent years,
building the relationship with unionism has been an
essential part of that role.
Along with the British Prime Minister, he represents the
foundation of the relationship that brought about peace.
In practical terms, he leads for the Government at twiceyearly meetings of the North/South Ministerial Council and
of the British-Irish Council. He also leads the development
of the bilateral relationship with Britain and the US, both of
which continue to be strongly influenced by issues related
to the North, through his engagements with the Prime
Minister and President respectively.
International
The Taoiseach represents Ireland at the European Council,
where he frequently attends meetings with other Heads of
1 P.O.
Protocol to Taoiseach
State ceremonial
Liaison with and advice to President
Government Legislation Programme
Dil Reform
Taoiseachs political accountability for Law Offices
Moriarty Tribunal
1 P.O.
Supporting Taoiseach as member of European
Council through HOSG network
International organisations UN, OECD etc at Head of
Govt level
Trade missions planning and support
Organisation of bilateral visits incoming and outgoing
2 P.O.s
(1 on loan from D/Foreign Affairs) Transforming Public
Service Programme Office
supporting Cabinet Cttee
participation in Cork Park Agreement Implementation
Body
promotion and advocacy of reform agenda (e.g.
Taoiseachs Awards)
Organisational Review Programme (assessing
Departmental capacity)
Senior Public Service (establishment and development)
Better Regulation Unit
supporting Regulatory Impact Analysis
implementation of policy on economic regulation
Annual Regulatory Forum
2 P.O.s
Continuing engagement with employers and trade
unions on pay and workplace relations
Employment regulation issues
Pensions policy
0.5 P.O.
economic renewal
competitiveness
innovation
labour market policy
climate change policy
social inclusion
national disability strategy
life-cycle perspective on social programmes
2 P.O.s
Taoiseachs role in North South Ministerial
Council and British Irish Council
Cross-Departmental co-ordination of all-island agenda
items
Relations with UK and US at head of/whole of Govt levels
Programme of Commemoration, especially of 1912-22
Centenaries
Specific bilateral frameworks e.g. Scotland, Newfoundland
1 P.O.
Personnel and Management Services
Finance, including transparency on expenditure
IT support
Support for Private and Constituency Offices of Taoiseach
and Minister(s) of State
G.I.S.
- staffing and
support
1 P.O.
GOVERNMENT SECRETARIAT
Government Meetings
The primary role of the Government Secretariat is to
provide an effective service to the Government in advance
of, at, and following Government meetings. This includes
ensuring that Memoranda for Government meet the
requirements set out in the Cabinet Handbook, preparing
the agendas for and minutes of Government meetings,
compiling briefing for the Taoiseach for the meetings and
communicating Government decisions to Ministers and
Departments concerned once they are made. In 2010
there were 78 meetings of the Government, over 1,000
Memoranda were cleared for the Government agenda and
Protocol and General Division
The Division provides a protocol service to the Taoiseach
in respect of his official engagements and plans/organises
certain major State events (such as the National Day of
Commemoration). The Division also assists the Taoiseach
in discharging his duties in relation to the President, the
Offices of the Attorney General, DPP and Chief State
Solicitor, the Law Reform Commission and Constitutional
Reform; and deals with administrative matters relating to
the Moriarty Tribunal. It also assists the Government Chief
Whip with his work in relation to Dil Reform and the
Governments Legislative Programme. The Division also
co-ordinates FOI requests received in the Department,
maintains statistics on them and ensures compliance with
certain statutory requirements under the FOI Acts.
Major State Events
In 2011, the Division will plan and organise a number of
significant events, including the Presidential Inauguration
in November, the National Day of Commemoration (NDOC)
in July and the Commemoration of the 1916 Easter Rising
(in April).
The Division (in consultation with D/Foreign Affairs) plans
and organises the elements of inwards State Visits
involving the Taoiseach (e.g. the Government lunch). The
next scheduled visit by a Head of State is Prince Albert II
of Monaco on 4-6 April (the meeting and lunch with the
Taoiseach being on Monday 4th). No other inward State
visits have been finalised as yet but a visit from the UK at
Head of State level is envisaged.
Relations with the President
The Division assists the Taoiseach in his Constitutional
Development of a Green IFSC Initiative as set out in
both the Report of the High Level Group on Green
Enterprise and the Smart Economy document
International Affairs
The Division's role is to support the Taoiseach in:
(a) strengthening Ireland's bilateral relations at Head of
Government level with other countries and, in particular,
in developing trade, tourism, investment and cultural links
with them;
(b) participating in key international fora such as the
United Nations and OECD and major summits between the
EU and other global regions such as ASEM (Asia), EU - LAC
(Latin America), EU - Africa, EU - Med. (Mediterannean
countries) and Eastern Partnership (Ukraine, Georgia etc.),
aimed at developing shared responses to the challenges
and opportunities arising from globalisation; and
(c) promoting Ireland's core values - such as respect for
human rights, democracy, disarmament and the peaceful
settlement of disputes - at international level.
The Division provides a dedicated service to the Taoiseach
in carrying out his responsibilities in international affairs,
whether in terms of engaging in Dail or Government
business, meeting bilaterally with other Heads of State or
Government, participating in the work of multilateral
organisations or otherwise. The day to day work involves
filtering and assessing a very considerable volume of
information and advice on a wide range of international
issues from a range of sources, including the Department
of Foreign Affairs and other Departments and reducing it
to manageable proportions for the Taoiseachs
attention/clarifying issues/mediating/adding value. The
Deciding on the most effective structures to drive the
next phase of the transformation programme and the
manner in which they will operate across the Public
Service including the future of the Cabinet Committee, a
Public Service Board and an Office / Department for Public
Service Reform etc (having regard to the recent
independent review of the Department of Finance).
Economic Policy
Role of section
Supporting and advising the Taoiseach on economic policy.
This includes briefing on memoranda for Government,
briefs for meeting delegations, speeches and speaking
points, replies to parliamentary questions etc.
Ensuring a coherent approach across Departments and
Agencies to job creation, enterprise and competitiveness
policies.
This is mainly achieved through the Cabinet Committee on
Economic Renewal and Jobs, and associated Senior
Officials Group, which co-ordinate development and
implementation of relevant policies.
Co-ordinating response across Departments and Agencies
to unemployment and other labour market issues.
The Senior Officials Group on Labour Market Issues coordinates policy between relevant Departments and
Agencies, reporting to the Cabinet Committee on
Economic Renewal and Jobs.
Preparing and implementing Irelands National Reform
Programme (NRP) under the Europe 2020 initiative.
The NRP, which must be prepared in consultation with
domestic stakeholders, involves national targets in relation
to employment, education, R&D, climate change and
poverty.
Ensuring a joined-up approach to Climate Change policy.
development of action plan with measures to allow
Ireland meet 2020 climate change targets.
Social Policy
Overall Goal: To promote sustainable and inclusive
development of Irelands economy and society.
Role
The Social Policy section provides briefing and policy
advice to the Taoiseach on social policy issues, for
example for proposals on the agenda for Government
meetings, in advance of meetings, correspondence, as
well as information notes as required. Through the whole
of government approach the Divisions seeks to add value
to social policy considerations and actions by promoting
coordination and cohesion across sectoral policies and
strategies.
The Division supports the Cabinet Committees on Social
Inclusion, Children and Integration, which aims to bring a
coherent and integrated approach to social policy issues;
and the Cabinet Committee on Health, which oversees the
health service reform programme and drives
improvements in selected priority service delivery areas.
Through its role as chair of the Senior Officials Groups that
work to implement Committees priorities, the Division
ensures that cross departmental/agency view is brought to
tackling issues or exploring options to address complex
problems. Depending on the particular issues the role can
be to ensure coordination and cohesion across policies or
programmes or to broker agreement and find ways
forward. The Department does not have functional or
programme responsibilities in these areas and the
neutral approach frequently enables progress in
contested areas.
The whole of government approach is carried through in
the Divisions involvement in a range of groups and
Ensuring that the Department continues to meet its
corporate legal
responsibilities.
Post election
Managing the post election process and the formation of a
new Administration involves coordination across a range
of areas including, Personnel, Finance, MSU and Private
Offices regarding arrangements including pay, for both
outgoing and incoming staff as well as facilitating the
specific requirements for staffing, accommodation, IT, etc.
of the incoming Administration and providing for any
possible restructuring of the Department.