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The Campaign (3)

To date the worst excesses of the campaign have been confined to TV studios where candididates have actually been struck by a well-known TV presenter.

Nevertheless, it seems opportune to cite Geneva Convention II [1949].

Article 12
Members of the armed forces and other persons mentioned in the following Article, who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all circumstnces, it being understood that the term ‘shipreck’ means shipwreck from any cause and includes forced landings at sea by or from aircraft.
Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power they may be, without any adverse distinctions founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to cantagion or infection be created.

In the light of the above, consideration of the contamination of the drinking water supply of Galway city before the launch of the campaign is clearly in order. At the least the victims should ensure the perpetrators are driven from office; trial will have to await later developments.

There must be great worry about the neglect of casualties; the HSE have warned already of neglect of patients in hospitals due to the actions, it claims, of nurses, in the hostilities opened by the Government with them.

Personal Injury – Hypersensitive Reactions

For Employers’ duties see HERE

Hypersensitive reactions, also known as Extrinsic Allergic Alveolitis, have numerous causes. In Ireland the principal occurrence is known as Farmer’s Lung. Like many other reactions, it’s caused by the spores of fungi; in the case of farmer’s lung, by the spores from mouldy hay. Another example is Mushroom Worker’s lung from spores and dust in compost on which mushrooms are farmed. In 1982 the Dept. of Agriculture in Northern Ireland estimated that 5% of workers in the mushroom farming industry in Northern Ireland suffered from the disease.
The symptoms of are a fever with headache, muscle ache, dizziness, coughing and chest pain. Symptoms appear 5-6 hours after exposure and recur on the next exposure.
The serious aspect of the disease lies in the permanent damage arising from a series of attacks. Once sensitized, even low levels of exposure will result in an attack. A series of attacks will result in the formation of lung fibrosis, growing progressively worse with further attacks. Serious deficiency in lung function will result from this condition, with permanent breathlessness and general incapacity. The following is a list of further incidents of this condition:

Condition Occupation Cause

Bird-fancier’s lung Poultry workers Bird droppings & feathers
Malt worker’s lung Millers and brewers Mouldy grain
Humidifier fever Office workers Fungal growth in humidifier

Certain cases of extrinsic allergic alveolitis are a prescribed disease under the Department of Social Welfare Occupational Injuries Benefit scheme.

Constituencies Constitutional Challenge – Trial

THE HIGH COURT
RECORD NO. 2819P/2007

Between

CATHERINE MURPHY and
FINIAN McGRATH

Plaintiffs

And

 

THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL

Defendants

    10th May 2007

    1. On 10th May 2007, the High Court designated Tuesday the 15th May 2007 for the commencement of the trial of the action before Clarke J. (in Distillery Court 1)

Constituencies Constitutional Challenge – Adjournment 3

THE HIGH COURT
RECORD NO. 2819P/2007

Between

CATHERINE MURPHY and
FINIAN McGRATH

Plaintiffs

And

 

THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL

Defendants

    9th May 2007

    1. On 9th May 2007, the parties attended court.
    2. On hearing a report from the parties the court adjourned the matter for mention to 11th May 2007 at 10.30 am before Clarke J. (in Distillery Court 1)

Constituencies Constitutional Challenge – Adjournment 2

THE HIGH COURT
RECORD NO. 2819P/2007

Between

CATHERINE MURPHY and
FINIAN McGRATH

Plaintiffs

And

 

THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL

Defendants

    8th May 2007

    1. On 8th May 2007, the parties attended court.
    2. On hearing a report from the parties the court adjourned the matter for mention to 9th May 2007 at 10.45 am before Clarke J. (in Distillery Court 1)

Personal Injury – Airway Irritations

For Employers’ duties see HERE

Irritations of the airways and lungs can vary from mild to acute and the agents are numerous. Corrosive gases and fumes are obvious candidates. Ammonia, sulphur dioxide, nitrous fumes, phosgene, chlorine and fluorine are well known for their irritant effects. Depending on their solubility in water and the concentrations encountered they vary in the effects they have on the respiration system. Ammonia, being very soluble tends not to penetrate beyond the upper airways whereas nitrogen dioxide exerts its effects on the alveoli and is much more dangerous as a consequence. However, the system may be “swamped” by gases like ammonia and they may penetrate to the deeper levels causing a chemical burn of the entire system with life threatening effects appearing any time up to 48 hours later.
Certain cases of these irritations are a prescribed disease under the Department of Social Welfare Occupational Injuries Benefit scheme.
Metal fumes, tiny liquified metal droplets given off by heating metal, either in soldering, heating or cutting metal with an oxyacetylene torch can cause a chemical pneumonitis. Prior to that it can cause “metal fume fever”. It resembles a ‘flu with fever-like symptoms. Zinc, cadmium, copper, megnesium, aluminium, antimony, iron and silver can all produce this condition.

What did I say?

The Taoiseach will presently explain the refurbishment of his house in Drumcondra. He will explain the eery correspondence between certain sums of money in Irish punts and certain other sums in US dollars. (We hope). These sums (see references to “moneyâ€? below) either went into his safe or came out of his safe, or both (we think).

The bad news is that he will do so having consulted his lawyers.

The identity of these lawyers is unknown (to me anyway). But the Taoiseach is notorious for his capacity to speak at length and to leave his hearers none the wiser as to what he actually said. This is Bertiespeak.

As a class, lawyers are equally notorious for the same capacity; in their case it is not Bertiespeak they resort to, but archaisms.

We must dread, therefore, the forthcoming explanation.

In the meantime, what of lawyers?

Well, the Minister for Justice, Equality and Law Reform is a lawyer. It has been said of him that he has never had an unpublished thought.

But is he given to archaisms? Not noticeably.

However he does appear to fit the remark by Ms. Becky Klemt of Wyoming that Law schooling, aims “to convince the overconfident that they are truly superior.â€?

However, this posting is about words. Note the use of “presentlyâ€? above, with regard to the Toaiseach. In Dashiell Hammett’s “The Glass Keyâ€? [1931] Hammett uses the word correctly to mean “shortlyâ€? (meaning; in a little while). I think I am wrong, therefore, in saying its misuse to mean “currentlyâ€? (meaning; now) is an Americanism.

The misuse is just misuse.

It would be unfair to the Minister for Justice, Equality and Law Reform to give the impression that he is a notable product of a law school (in the superior sense). Richard Nixon, another lawyer, produced the following statement:

“I know that you believe you understand what you think I said, but I’m not sure you realise that what you heard is not what I meant.â€?

Well, well, clearly even the Taoiseach has some way to go yet in the development of Bertiespeak, and the Minister is not in this league at all.

What about plain language for lawyers?

It is difficult to believe we will abandon “bona fideâ€? or “res ipsa loquiturâ€?, but I will be happy if we settle on “moneyâ€? and drop “moniesâ€?.

We could easily drop “whereasâ€? but I notice the use of “wherebyâ€? is growing and, worse, used inappropriately. For example the means whereby I entered my office was my key; the circumstances wherein I entered was a Bank Holiday and to reverse the use of “wherebyâ€? with “whereinâ€? is wrong, as is the use of “wherebyâ€? in both places.

It’s a bit like coastal erosion.

Personal Injury – Pneumoconiosis

For Employers’ duties see HERE

The pneumoconioses are caused by the inhalation of dust. This can be silica dust, coal dust, asbestos or a large number of other dusts. The effects of inhaling these dusts varies. In some cases, the dust causes fibrotic reactions of varying degrees and in the case of asbestos, cancerous growth known as malignant mesothelioma. However, pneumoconiosis strictly is a condition arising directly from the effects of the dusts. Dust is not necessarily visible. To ascertain that a workplace is free of injurious dust may require a technical assessment.

Silica dust causes Silicosis which is the commonest form of pneumoconiosis world-wide. Apart from causing the development of fibrous nodules in the lungs, an increased vulnerability to lung cancer is evident in effected workers. Uniquely, silicosis increases the incidence of tuberculosis in victims. The fibrous nodules themselves may take a form (conglomerate silicosis or progressive massive fibrosis) resulting in serious and progressive lung deterioration. Silicosis is a serious disease in that a considerable proportion of persons effected develop the conglomerate form.

Workers handling rock containing silica are principally effected. Flint and quartz are the major sources of free silica. Granite is another such a rock but it is also found in slate, sand and sandstone and is encountered generally in mining. Quarry men are at risk as silica is one of the commonest ingredients in the earth’s crust. Sand-blasting of stone produces large quantities of silica dust and should be avoided by using silica-free grit. Grindstones containing silica are a serious danger and should be replaced by carborundum.

Symptoms vary but breathlessness and cough are typical. The period of exposure before symptoms appear varies with the quantity of dust inhaled. In some cases one year of inhalation has proved lethal but ten years is usual.

Coal dust is a well known cause of pneumoconiosis in coal miners. Fibrous nodules of coal dust and collagen gather in the lungs and can again take the form of progressive massive fibrosis as in silicosis although the toxic mechanisms and effects of these two substances differ. On occasions these nodules burst and large quantities of black sputum are coughed up over several days. Needless to say, in addition to coal miners, any person exposed to inhalation of coal dust for the necessary period will contract the disease. Exposure times vary with the degree of dust inhaled and the susceptibility of the individual. Again, breathlessness is a symptom. The appearance of small individual nodules may switch with great rapidity to a progressive massive fibrosis with unrelenting fatal development.

Asbestos has only recently been recognised as one of the most serious hazards in the development of pneumoconiosis. While the industry was aware of some of this hazard over a period of at least 60 years the occurrence of asbestosis in the general population and the frequency of malignant mesothelioma in workers exposed to asbestos came relatively late, in the 1960’s. It appears that not every form of asbestos has this effect and crocidolite (“blue asbestos”) is the significantly dangerous form. Although its importation into the U.K. has been banned since 1970 its use was previously unrestricted in every area of industry including widespread application as an insulation material in construction. Theoretically even one fibre can cause cancer. The demolition of buildings containing such material is a very hazardous operation for workers and the public.

As a result of its widespread use, every resident of New York in the U.S.A. is permanently exposed to asbestos in the environment. In Manhattan, levels of 25-60 mg/cu.m. have been measured in the air.
Levels of exposure resulting in asbestosis as opposed to mesothelioma are in excess of 2 fibres per millilitre of air or higher for at least ten years. This level can and has been achieved by the dust falling from the clothing of workers on their return home, causing asbestosis in the family of the worker.

In the U.K. the use of new asbestos products has been banned and the management of “second hand” asbestos is controlled. In 1986 the U.S.A. commenced a ten-year phasing out of manufacture and use of asbestos materials in the U.S.

The Campaign (2)

Time again to consult Captain Boyd, [“Strategy in a Nutshellâ€? by Captain F. F. Boyd [1915] Gale & Polden Ltd.]

“Morale is that indefinable something which distinguishes the highly trained and disciplined army from an armed rabble. It fosters discipline, courage, endurance, and all the qualities which make the soldier. Many are the causes which increase or decrease it, some of those increasing it are:-

1) The personal qualities of the commander
2) Record of a glorious past
3) High state of discipline
4) Taking the offensive
5) A righteous cause, and many others�

Captain Boyd neglects to list causes decreasing morale and certainly fails to mention refurbishment of houses in Drumcondra.

The Taoiseach should not be too thrown down by his situation.

Consider that in Dashiell Hammett’s “The Glass Keyâ€?[1931] the following passage occurs:

“She took her lower lip from between her teeth to ask: “Is – is he actually in danger?â€?

Ned Beaumont nodded and spoke with calm certainty: “If he loses the election, loses his hold on the city and state government, they’ll electrocute him.â€?â€?

Compared to the political boss in question in “The Glass Keyâ€? (it should have been entitled “The Missing Hatâ€?), the Taoiseach’s problems are minor.

Constituencies Constitutional Challenge – Adjournment

THE HIGH COURT
RECORD NO. 2819P/2007

Between

CATHERINE MURPHY and
FINIAN McGRATH

Plaintiffs

And

 

THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL

Defendants

    3rd May 2007

    1. On 2nd May 2007, the Defendants applied to the court, on a number of grounds, to delay the hearing of the action and in any event not to schedule it for hearing on 3rd May 2007.
    2. The Plaintiffs opposed the application. They reiterated their wish to have a hearing before the election. [Election day is 24th May 2007].
    3. The court acceded to the application and directed the listing of the matter on Tuesday 8th May 2007 before the court for mention.