27 November, 2015
Sherlock Holmes famously spotted the significance of the “curious incident of the dog in the night-time“: the fact that it didn’t bark was of great importance. But this has nothing on the biggest non-barking dog in Ireland: the absence of any follow-up to the 4-year-old Moriarty Report.
In October 2015, Lucinda Creighton told the Dáil:
It is almost five years since Mr. Justice Moriarty, in his tribunal report on payments to politicians, found that it is beyond doubt that Deputy Michael Lowry imparted substantive information to Denis O’Brien which was of “significant value and assistance to him in securing the licence”. It has since emerged that there has been, for over three years, a Garda investigation following the Moriarty tribunal’s findings of suspected criminality in payments to politicians. Extraordinarily, this has not yet led to an investigation file being sent to the Director of Public Prosecutions, DPP. No one has yet been charged and there have been zero consequences for two of the key individuals against whom adverse findings were made…….
But it seems that Lucinda may not be completely accurate here: the delay might not be with the Gardaí, but in the office of the Director of Public Prosecutions. According to TheJournal.ie,
“Gardaí have not begun a full investigation into the findings of the Moriarty Tribunal over four years after its findings were published, it has emerged. Though Gardaí carried out an initial examination of the report they are still waiting for guidance from the Director of Public Prosecutions as to whether a full Garda investigation should be carried out. This has been the same position that the government has been outlining in responses to Dáil questions about the tribunal since May 2012….Identical or almost identical responses have been issued on at least eight occasions to TDs who have submitted queries.”
So what’s going on in the DPP’s office? Why hasn’t she supplied the requested guidance? Is her office working overtime on this, as they should be, or is there some deliberate foot-dragging going on?
Three years ago, in a different context, I wrote:
…the current DPP, James Hamilton, takes early retirement this month, and the Government have appointed Claire Loftus as his successor. She has been promoted from her role as the Head of the Directing Division in the DPP’s office, and before that she was the DPP’s chief prosecution solicitor from 2001 to 2009. I hope she can move things forward at a faster rate than her predecessor, but unfortunately I can find no reason to believe that a long and successful career in our DPP’s office is an indicator of a dynamic and energetic character. Maybe I will be proved wrong. For the sake of the morale of the general populace, I hope so.
The DPP’s information booklet, available on their website, assures us that “the DPP is independent when making her decisions. This means that no-one – including the Government or the Gardaí – can make the DPP prosecute a particular case or stop her from doing so.” And the Code of Ethics for Prosecutors is equally reassuring: “Prosecutors shall carry out their functions in accordance with section 2(5) of the Prosecution of Offences Act, 1974 which provides that the Director of Public Prosecutions shall be independent in the performance of his functions. They shall exercise their functions free of any extraneous influences, inducements, pressures, threats or interference, direct or indirect, from any quarter or for any reason.”
So it would surely be very wrong for anybody to suggest that the DPP is succumbing to political or other pressure to sit on the file until after the election, or maybe forever? Hmmmm.
As for the boys in blue, we know that, because any evidence presented to a Tribunal of Inquiry cannot be used to secure a criminal conviction, the Gardaí need to start from scratch and produce criminal-conviction-standard evidence through a new investigation. But why aren’t they getting on with this task instead of using the DPP’s delay as an excuse? What is it that they want guidance about from the DPP before pulling their finger out? Are they under pressure to slow things down? It wouldn’t surprise me to learn that the resources being applied to this case within the Gardaí are less than adequate, and that there isn’t any real desire to get cracking.
And meanwhile, poor Denis O’Brien, and poor Michael Lowry, have to suffer the indignity of not being able properly to clear their names after Mr Justice Moriarty accused them of corruption. I’m sure they are itching to have things brought to a head, and are despairing of the sloth being displayed in the Gardaí and the DPP’s office.
So what can they do about it? Well, how about Denis or Michael making a complaint to the DPP’s office about their delay in the case? The DPP’s Information Booklet helpfully tells us: “9. Can I complain to the Office of the DPP? Yes. If you have a complaint about how we work, you can contact us at our Office – see contact details on page 16.”
So there you have it. And if Denis or Michael are too busy to lodge a complaint about the DPP’s tardiness, maybe a helpful member of the public would do so instead? I’m sure they would be grateful.
20 October, 2015
I think there should be mandatory jail sentences for those who publish bar charts and other graphs that show a misleading position as a result of selecting an incorrect base line or y-axis (usually, but not always, this should be zero).
Here’s a particularly egregious example from a publication that should know better, the Sunday Business Post. It appeared in its 11th October 2015 edition. Visually, the current minimum wage appears to be less than 20% of the living wage. However it is in fact about 75% of it, and setting the y-axis to start at zero would have given the correct visual impression.
The Sunday Business Post is in dishonourable company in this practice. Here are two choice examples from Fox News in the United States, which of course has a political agenda to promote.
Rather than using a nonsensical bar chart, it would have been better had the Sunday Business Post not published it at all, and instead allowed the reader to draw the necessary information from published text. However that would probably have gone against another apparent Sunday Business Post policy – that of using up lots of space with unnecessary (or unnecessarily large) photos and graphics. Cheaper than actual journalism, I suppose.
6 October, 2015
Last month, US Secretary of State John Kerry received a letter from 55 members of the US Congress asking him to address what they see as the human rights violations of women in El Salvador.
El Salvador banned abortion in all circumstances in 1998….. Women and girls found guilty of having an abortion face a prison sentence of two to eight years. Health care providers who assist them face up to 12 years in prison….. Women who have had miscarriages have been charged with aggravated homicide, a charge which can bring a sentence of up to 50 years in prison. Amnesty International has documented the cases of many women who have been sentenced to decades in prison after having a miscarriage.
El Salvador is not the only country in Latin America to have such strict laws, but it is particularly strict in enforcing it. Doctors have to inform the authorities if they think a woman has tried to end her pregnancy. If they fail to report such cases, they, too, could face long sentences in jail. The result is what human rights groups are calling a criminalisation of miscarriages and medical emergencies.
San Salvador’s auxiliary Roman Catholic bishop Gregorio Rosa Chavez was quoted as saying: “Every human life is sacred. To get rid of that is committing murder. If there are two lives in danger, you have to save the one that’s most fragile and that’s the child”.
So El Salvador is being entirely logical in how it enshrines Roman Catholic theology (can that be the right word in to describe such a cruel policy?) in its civil law.
If I may repeat myself, even in Ireland we implicitly, and necessarily, recognise that the death of a foetus does not warrant the same legal protection as the death of a child or adult. For otherwise our law would require that, every time a woman becomes pregnant but fails to deliver a live baby in due course, there would be a full and formal legal Inquest into the “death” of the “person” . Under Irish law, an Inquest must be held if a coroner has reasonable cause to believe that a death occurred suddenly and/or from unknown causes. That we don’t subject women to such a ridiculous process every time there is a miscarriage during a pregnancy demonstrates that even in Ireland we are prepared to accept that in practice a foetus does not warrant the same legal due process and protection as a fully formed human being.
I suspect that if we did follow the anti-abortionists’ logic and launch a full Inquest every time a woman suffered a miscarriage, just in case there had been some intent on her part to induce the miscarriage, or negligence in this regard, then we would see an uproar from all sane people, and Amnesty International and US politicians would be on our case with a vengeance.
But requiring an inquest in these circumstances would be the logical (but crazy) outcome of the call for the “unborn” to have the same legal rights as a child or adult. Sometimes those guilty of folly and cruelty need to be shown a reductio as absurdum to help change their mindset.
We are, one might surmise, less savage in our laws (or their implementation) than El Salvador is; but we are undoubtedly less consistent too. If we are to enshrine the doctrine of a particular religion in our laws, then why don’t we go the whole hog, just as Iran or Saudi Arabia do?
Michael Flatley, of Riverdance fame, has a new career as an artist, and it is giving me considerable entertainment. According to the Irish Times, Mr Flatley “creates his paintings by dancing on canvases (strips of marley – a type of linoleum floor covering used on stage by dancers)”. We learn that “At least 12 of the paintings sold, for an average price of £52,000 (€74,000). Negotiations are continuing regarding further sales”.
You couldn’t make it up. Truly, life is imitating art – in this case the amusing 1960 film “The Rebel”, starring the late comedian Tony Hancock. To quote from Wikipedia:
Hancock plays a downtrodden London office clerk who gives up his office job to pursue full-time his vocation as an artist. Single mindedly, and with an enthusiasm far exceeding any artistic talent (his ‘art’ has a ‘childlike’ quality – to put it mildly), he sets to work on his masterpiece Aphrodite at the Waterhole, moving to Paris where he expects his genius will be appreciated….. The film explores existentialist themes by mocking Parisian intellectual society and portraying the pretensions of the English middle class…. The film also includes scenes parodying modern art. The scene showing Hancock splashing paint onto a canvas and riding a bike over it is a lampoon of the work of Action Painter, William Green while the childlike paintings of Hancock, referred to as the ‘infantile school’ or the ‘shapeist school’ parody the naïve style.
Alternatively, I hope Mr Flatley, with his “art”, is having a good old-fashioned piss-take – otherwise known as “mocking … intellectual society and portraying the pretensions of the … middle class”. Good for him if that is the case.
Surely he doesn’t actually believe his offerings are worth €50-100,000? No, it is no doubt a wonderful leg-pull on his part, at the expense of those blinded by fame into laying out large sums of money on unattractive and random smears of paint. This must be the case, as Mr Flatley is a clever fellow. Maybe he has even seen “the Rebel” and is carrying out his own experiment, testing the limits of art buyers’ gullibility!
Or perhaps he has seen the wonderful recent Italian film The Great Beauty (La Grande Belleza), in which a young child creates highly-prized “art” by having a temper tantrum and flinging paint at a large canvas (YouTube link here). Yes, that must be the case……
28 July, 2015
The majority of Anglican clergy, certainly of Salisbury Cathedral’s clergy, were not susceptible to dilute modernism. The Close was a bastion of unchallenged dogma, ritual, philistinism, unquestioning belief. The manipulator of millions of minds Joseph Goebbels wrote: ‘It is almost immaterial what we believe in so long as we believe in something.’ Time and again, those with this promiscuous capacity for credulousness are shown to be those with the equal capacity to promote and sanction atrocities. We repeatedly witness the migration of believers — ‘spiritual persons’ — from one cult to the next; a religion is merely a heavily armed cult. Believing in something all too evidently means believing in anything. Why should Christians, Jews, Sikhs, Hindus, Muslims — especially Muslims — be treated with anything other than the contemptuous toleration that is visited on flat-earthers and ufologists? Believe in the existence of fairies at the bottom of garden and you are deemed fit for the bin, for the Old Manor. Believe in parthenogenesis and ascension and you are deemed fit to govern the country, run the BBC, command UK Landforces etc. The notion that these people might be mentally ill is quite overlooked: quis custodiet and all that.
26 February, 2015
I see that the Austrian parliament has passed reforms to the country’s century-old ‘Law on Islam’. Amongst other provisions, the new law bans foreign funding for Islamic organisations. Muslim groups say the ban on foreign funding is unfair as international support is still permitted for the Christian and Jewish faiths. They are right, but only up to a point.
I find it unacceptable that any religion should be allowed to accept funding from external sources, just as most countries prohibit political funding from outside the jurisdiction. If such funding is going to be allowed, then at least it should be excluded from the general tax exemption from which most religions benefit.
But where I would absolutely draw the line is where religions or religious lobby groups obtain direct or indirect funding from foreign governments, or foreign-government-sponsored entities. Clearly in these situations the line between religion and politics has been crossed. And this is where the Austrians have got it right: Islam is noteworthy for the fact that states such as Saudi Arabia and Qatar give generous financial support to Islam (or particular strains of Islam) across the globe. And unfortunately the type of Islam they are promoting is one where there is no separation between Church and State, and where the dictates of the Koran and the hadiths are considered to be justification for horrific crimes.
I would like to see a law in Ireland which (a) prohibits religions and religious organisations from receiving funding from foreign governments and (b) removes tax-exempt status from funding received from all non-residents, private or governmental. This would incidentally stop any funding of the Catholic Church or Catholic organisations by the Vatican, as the latter claims to be a State, but this is something with which I could live …..
14 January, 2015
We have heard a lot in Ireland recently about politicians and their consciences. Famously, Lucinda Creighton broke with Fine Gael as she wouldn’t follow the party whip and support the Protection of Life during Pregnancy Bill last year. She asserted the need to follow her conscience, which apparently was telling her that the Catholic Church’s hard-line position on abortion had to be followed. Many people’s reaction to stances such as that of Lucinda is to say something like: “I don’t necessarily agree with the views of Mr/Ms X, but I admire him/her for taking a stand on a matter of conscience”.
But this is a superficial analysis. Because the essence of Lucinda’s stance is to deny all Irish women the very thing she insists on having herself, namely freedom of conscience on the issue of abortion. And abortion is a matter of conscience. It’s not like murder or theft or arson, matters on which there is a consensus in all civilised societies, regardless of religious beliefs, and against which we properly (and indeed necessarily) legislate.
Lucinda obviously believes that her conscience must be given greater weight than those of hundreds of thousands of women in Ireland who believe that women should be allowed have an abortion in Ireland, whether because of Fatal Foetal Abnormality, because of a pregnancy arising from rape, or for any other reason that their conscience permits.
It’s possible to have a personal position against abortion – which means you will not have an abortion; you hold that abortion is wrong. And at the same time to have a political position – which is that every woman should have the right to make that choice based on her conscience. Not yours or mine. Otherwise, you’re saying no one has a right to do anything except what my conscience allows….
…There are women who just don’t – for reasons that are not your business or mine – wish to go through with a pregnancy they never wanted. We may disagree with them, but we do not have a right to speak for their conscience.
Imagine it was the other way around – that people who are in conscience opposed to abortion were required to undergo abortions, because – for instance – the state imposed a policy on the number of children allowable.
Lucinda exiled herself from Fine Gael as she wanted to retain the status quo for our ultra-punitive abortion laws instead of making the marginal relaxation which the Protection of Life during Pregnancy Bill involved. Following your conscience cannot be a “get-out clause” for doing bad things or (and this is key) for refusing similar latitude to other people whose reasoned and informed consciences tell them something completely different.
Dr Ryan Walter, a lecturer in politics at the Australian National University, wrote a fascinating article (“Conscience votes corrupt our political system”) on the relationship between politics and public representatives’ consciences. It was in the context of proposed same-sex-marriage legislation, but it is relevant in this debate.
“Many politicians appreciate the freedom for debate and personal reflection that comes with conscience votes, but this is exactly why they are so dangerous. For conscience votes have the potential to undermine one of the defining principles of secular liberal democracy: the separation of religion and politics….
…We know from empirical research that politicians will tend to hold a mix of these views [on how best to represent their constituents and to serve the public interest], but the point to underline is that all these visions of politics require the politician to fulfil their public office rather than pursue private interests. This includes personal moral and religious interests. We are perfectly comfortable calling politicians corrupt when they steal from the public purse, but we are inconsistent when we do not decry injecting personal religious belief into legislation that will govern the lives of all Australians, regardless of faith.
…. [Conscience] tells us only to look inside ourselves but not what we’ll find there, which could be all sorts of things: university-student ideologies, religious convictions, moral visions. It is the role of political parties and the ritual of parliamentary process to discipline these private enthusiasms by subjecting them to the duties invested in the public office of a politician.”
Ask your actual or potential public representatives this question: “Do you believe that Ireland should be a secular democracy and that we should separate religion and politics?” If they say no, well at least you know where they stand, and you should commend their honesty. If they say yes, then tell them that you expect them to act accordingly when performing their duties as a legislator, and not to vote according to their “conscience” where that conscience is informed by religious views that are not universally accepted.
As Bertrand Russell said, “…the infliction of cruelty with a good conscience is a delight to moralists. That is why they invented Hell.”