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NAMA’S Rates Bill

Is NAMA “the State”?

What does “occupied” mean?

A lot of money hangs on those questions.

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The Prosecutor

Under the Prosecution of Offences Act 1974 most criminal prosecutions are in the charge of the Director of Public Prosecutions (“DPP”). Some offences are assigned to other legal persons (e.g. Government Ministers) for processing in prosecution by the statute under which they are created. In fact most criminal prosecutions are brought by members of the Garda Siochana in the name of the DPP. Before the 1974 act the prosecutor was the Attorney General. Consequently, it was, before 1974, a social […]

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Saying… No!

Ireland is currently coming to the consideration of profound derelictions of duty of a number of people, including and particularly, leading politicians. The generalized defence coming out is that someone else was responsible. The law has long had to deal with that kind of response. A solicitor, for example, is not entitled to say that he/she is following the advice of Counsel; that advice must be assessed by the solicitor and not be blindly followed. Probably a nurse should not […]

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WAR! WAR?

Of course, Article 28 (3) is out of date; no State actor in international affairs follows the convention and legal obligation to “declare” war – they just wage it. Nevertheless, as a purely internal Irish affair, to take a hands-off approach to Executive action on such a question, where the Executive can seek the assent of the Dail, but does not, is not in the national interest.

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Voodoo Economics

Now the plan is under consideration by the EU Commission. Specifically it is being considered by Joaquin Almunia the new Commissioner for Competition. He is in fact not all that new; he used to be Commissioner for Economics and Monetary policy.

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Willie O’Dea

But we should see him as he is, warts and all. We should not have to endure the consequence of more mythical thinking by the judiciary (and the Law Library). The Attorney General is down in the arena with everybody else. He fights for his clients. He represents their interests. He should not be accorded the deference he gets from the judiciary and the Law Library.

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Mode of Business

NAMA is a scandal. It is a scheme to transfer taxpayers’ money to private institutions without a rational justification.

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Barmy

The Minister’s proposal is not suitable for legislation; it is suitable for a proclamation. He is, in effect, proposing to issue a call to arms, directed to the Nation, enjoining the citizens to embrace goodness and to avoid evil.

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The Waste Bin

What is of moment is this: we no longer care about traffic, that is, the private motor car. We have changed our viewpoint. We cheerfully squeeze it daily into a narrow traffic lane in Patrick Street. That’s not the only change. Dublin Corporation is now Dublin City Council: it hasn’t gone away and it is still an institution of vision.

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The Club of One

The decision has had bad effects. It endorses a damaging idea of Government; one where the freedom of the Executive to act without challenge and with impunity is put at a higher value than the principle that the interests of the electorate are paramount.

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