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    Gemma O’Doherty has become the poster girl for Irish populism. By Michael Smith.

    In 2018 award-winning journalist Gemma O’Doherty wrote several articles for Village magazine. She was easy to work with and produced good copy. Like many contributors she generously did not charge the magazine for her work. She brought a large social-media followership with her, writing pieces on human-interest stories – on Madeleine McCann; on Sophie Toscan du Plantier; on sex abuse in Donegal and in a Dublin rugby school; and she wrote about her experience before the Charleton Tribunal, with which she was not impressed. She had given evidence about how she was removed from her position as Chief Features Writer of the Irish Independent in 2014 after she door-stepped the former Garda Commissioner about the wiping of his own penalty points. Around that time sadly her husband Peter Carvosso, a well-respected editor, who also worked for the Irish Independent, had died. It must have been a very difficult time for her. O’Doherty writes well. Some elements of the stories she submitted to Village were less definitively backed up than was ideal, though they were always scupulously researched and coherent. Her story on rugby trainer John McClean was excellent and was helpful in bringing about long-stalled charges against him for abusing boys in Terenure College. She never ventilated any sort of political view in these articles. When she ran for the Presidency on an anti-corruption ticket expressing her lack of faith in Irish media, Village felt the media should give her a hearing. There were mutterings that she was quietly anti-abortion, anti-vaccination but she denied this, particularly in interviews with online news service, Broadsheet.ie which supported her Presidency bid. She did not do well in the Presidency election – she only received one of the four requisite nominations – and was predictably snookered by the media she loathes for stating, without evidence, that journalist Veronica Guerin had been killed by “the State”. She never got a chance to air her politics or her platform. That was a pity, from all perspectives. It was after that election that her politics appears to have turned. Perhaps this was a reaction to the success of the nastiness of Peter Casey’s campaign which placed him second. She first toured the country with other anti-corruption activists giving talks, and more recently has established an ambitious new platform called Anti-Corruption Ireland with 2000 online members – a “political movement” which intends to field candidates at local, national and European elections. Village is driven by politics not personalities. It promotes equality and sustainability. Gemma O’Doherty derides the equality agenda, and believes climate action has gone too far and that wind farms are an over-subsidised scam. It is not clear how she funds herself: and she is peripatetic. Nor is it clear who she is accountable to or what she regards as her ethical parameters. She provocatively claimed that anti-racism protesters at a rally in Rooskey, Co Roscommon after an asylum centre was burnt, were not locals. A piece about this in Broadsheet was removed after legal correspondence. In early April she was cut off mid-stream by Sligo’s Ocean FM when she mentioned Mary Boyle. On the same trip to Sligo, she says Twitter shadowbanned the notice of the Anti-Corruption Ireland meeting. In mid-March a hotel in Cork cancelled a meeting she planned because she was inflaming the situation after the Christ church murders – and she has run into trouble with Youtube which closed down her channel because of her incendiary videos. She organised a small sit-in at Google, Youtube’s parent, in Dublin in protest. She loathes George Soros, an agent of global liberalism who “uses NGOs to undermine democracy”. Presumably she prefers direct democracy and its voguish manifestation, populism. She can’t get enough of the gilets jaunes. She lists an array of media and political villains: the Irish Times, RTÉ, INM, Communicorp, Virgin Media, FG, FF, Sinn Féin, Labour, the Green Party and she has a particular antipathy to the Social Democrats, People before Profit and the Anti-Austerity Alliance who, with others, she sees as ‘Cultural Marxists’. She has promoted protests outside the houses of political leaders including Bruton and Varadkar. As of now O’Doherty is promoting a God and Country agenda, though her journalism on McClean suggests she is no clericalist. She believes Ireland will become Muslim majority and questions the National Planning Framework which posits radical population targets that depend on wholesale immigration as part of an insidious globalist agenda. She dislikes secularism, highlights alleged high rape rates in Scandinavian countries linked to Muslim immigration and draws attention to violence perpetrated by Muslims in Western countries. She has no qualms retweeting people who believe Africans are inferior to Caucasians. She believes Irish people should “reclaim their Irishness”, saying “if that’s racist, great, bring it on!”. She considers the appalling Christchurch massacre was a “false flag’ operation designed to disguise the actual source of responsibility. She is in bed with conservative commentator John Waters who appears regularly on her long but rollocking podcasts. This relationship encapsulates her political trajectory. At one time she was lionised in Broadsheet.ie. a liberal website with a following that varies from libertarian to leftist but which does not embrace conservatism, the Church or John Waters who it has pilloried, characteristically and in particular for his stance on PantiBliss whose denigration of Waters as homophobic grounded a defamation payout. Now Waters and she make ideological twins and he appears regularly on her Youtube channel. In Irish terms this amounts to a 180-degree rotation. She also has an intense affiliation with someone called Amazing Polly, a Canadian version of herself who often appears on her videos, and she often retweets contrarian Katie Hopkins. Her approach is somewhat tribal and, though she is an attractive and fluid speaker, she also makes for an impressively lethal antagonist. Legal Blogger Gavin Sheridan recently ungallantly tweeted (a lot of this stuff happens in the ethereal world of social media): “If you’re still following Gemma O’Doherty after her descent into the abyss of far-right conspiracy nonsense, false narratives,

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    Extremism has become normal

    Dump neoliberalism and build the just society optimising liberalism and equality envisaged by Rawls, Dworkin and Declan Costello by David Langwallner   In April 2015 I was asked to present a paper on ‘Towards A Just Society 2017’ to the West Cork Bar Association which, to my considerable surprise, was very well received by an audience encompassing a number of judges. I was then later that year asked to re-present it to the Irish Association of Law Teachers. After that presentation a prominent legal academic came up to me indicating how much he had enjoyed it and that I should publish it. There was then a remarkable exchange where he took me aside and said you are saying what we are all thinking but not saying to which my incredulous response was, “why not?”. The “why not” is of course in ever restricted economic times driven by a culture of compliance, keeping the head down and not rocking the boat. This craveness is now also becoming a feature of academic life which should be the last holdout for sophisticated criticism. Such clichéd (non)-motivations as not rocking the boat I hear now on a daily basis so here is my response. Torpedo the boat. We need to build a new one. This is the guts of what I said. It is an elaboration on an earlier piece in Village on the Rule of Law. (March 2016). The most important book of political philosophy since Karl Marx is John Rawls’ ‘A Theory of Justice’. The Rawlsean idea is that people are placed in an original position behind a veil of ignorance where they do not know their personal characteristics or the state of the civil society they are in but they know all about politics and economics. In the light of this veil of ignorance how would they choose a just society? Rawls suggests they would first choose the maximum number of liberties, as they would be risk averse and would not like to end up in a society where civil liberties are not adequately protected – in case of course their rights were oppressed. Second, that they would choose the difference principle, some measure of the redistribution of wealth in favour of the disadvantaged members of the community. After all as you might end up yourself poor in sub-Saharan Africa you would want some measure of social protection. This principle was the one Nozick and neo-liberals despised. Third, Rawls argues for equality of opportunity and the elimination of self-advancement based on birth, family ties or social position, a view also echoed by a modern ‘liberal egalitarian’, Ronald Dworkin. Rawls has been chastised on the left for not addressing social and economic rights – as opposed to political and civil rights. If you look at the recent text by Amartya Sen, ‘The Idea of Justice’, the fundamental critique is that Rawls posits a one-size-fits-all theory of justice and thus fails to address the reality that the achievement of a Rawlsean society is resource-dependent. Of what value is the freedom of speech when you cannot afford a meal? Sen thus contends thus we should be focused on the worst off and build a just society based on our capacities and needs. ‘Anarchy, State, Utopia’ (1974) was the most subversive reaction against ‘A Theory of Justice’. Robert Nozick suggested that redistributionist taxation that is not geared solely for the enforcement of contracts and the control of crime is akin to slavery or theft. I own my body, he argues, so I own everything my body produces and if the state takes way from me that which I produce it enslaves me or – more elegantly – “socialism forbids consenting acts between capitalist adults”. The egregious fault with his argument is of course that it does not follow that because you own your body you own everything you produce. It also allows for no understanding of the human condition other than one based on radically disaggregated and individualistic human behaviour devoid of co-operation and communitarianism. Now at the time many thought that Nozick was daft and that his ideas could not be implemented and would lead to a radically socially dislocated society. There is some suggestion that “Anarchy, State; Utopia’ was a form of intellectual joke or game perpetrated by Nozick. He was fond of conceits and subsequently wrote a further book with a radically different thesis, so perhaps he did not take what he fully said seriously. It certainly should never have been taken seriously. It tends to indulge what underpinned Margaret Thatcher’s famous phrase: “There is no such thing as society. There are individual men and women”. Thatcher was a decided fan of Friedrich Hayek who disapproved of the notion of ‘social justice’, an “empty phrase with no determinable content”. He compared the market to a game in which ‘there is no point in calling the outcome just or unjust’. He generally regarded government redistribution of income or capital as an unacceptable intrusion upon individual freedom. Thatcher once banged a copy of Hayek’s ‘Road to Serfdom’ on the table at a Conservative Research Department meeting, intoning: “This is what we believe in”. The subversive set of arguments evoked by these stormtroopers has led to a number of unpleasant social developments and neo-liberalism. It was taken up by Thatcher, Reagan and in Ireland by the PDs and led to the veneration of the free market, economic liberalisation, and in practice to the breakdown of regulatory structures to favour the interests of multinationals. The consequences have been economic collapse surging inequality, the gradual destruction of the middle classes, the privatisation and diminution in health care as a right, the lack of funding in social services, mass homelessness and evictions. A modern variant of neo-liberalism is the truly disturbing and obnoxious “Law and Economics” movement out of The University of Chicago with two highly placed judges in Easterbrook (dangling for a Supreme Court judgeship) and the truly nefarious “most cited” legal scholar in the world

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    State land could provide 114,000 dwellings

    Both NAMA (The National Asset Management Agency) and Local Authorities have been criticised for ‘land-hoarding’, ‘sitting’ on sites particularly in Dublin and the Greater Dublin Area (GDA) and not developing land that could be used to address the current housing crisis. Despite the amount of land under their control, Minister Eoghan Murphy has recently asked the Attorney General if powers to effect Compulsory Purchase Orders (CPOs) could be upgraded to encourage those with vacant homes and land to sell quickly. The enhanced powers are part of a new strategy on vacant homes and land due to be announced by Government in June (1). The Minister’s strategy is puzzling given that the State itself has been using less than one percent of its current zoned development land-banks for housing every year. Public land potential: Local Authorities, NAMA and Government A year ago the Department of Housing pub- lished ‘the Rebuilding Ireland Land Availability Survey’ which included details of State-owned land. This report confirmed that Local Authorities own zoned residential land with capacity for 37,950 dwellings (on 1,211 hectares) and that this represented just a portion of State-owned land (2). However, based on individual returns from seven Local Authorities, the figures are much higher. Local Authorities own zoned land with capacity for 48,724 dwellings nationwide (1,317 hectares). Dublin City Council owns zoned residential land with capacity for more than 18,000 dwellings and in County Dublin there is the potential to build 29,278 dwellings. When it comes to the NAMA, the picture is similar. It currently controls the loans on enough development land to build 65,399 dwellings (1,691 hectares); in County Dublin NAMA controls land with the potential for 43,075 dwellings. (3) Nationwide the State controls development land with the capacity for 114,123 dwellings (3,008 hectares) – more than 17% of all zoned residential land by area and more than one quarter of the potential housing capacity in the country. In addition, according to the Irish Times, at least 334 sites or buildings controlled by the Government are lying idle across the State, some of them for more than 30 years. The worst offender is the Health Service Executive with 137 unused buildings or sites. The other 197 sites are shared between nine Government departments, and include Garda stations, courthouses, military barracks and customs posts. Almost half of all County Dublin residential development land is State-controlled and between NAMA and Local Authorities there is the capacity for 71,425 dwellings (1,212 hectares). These figures exclude holdings owned by the Housing Agency and other State and Semi-state bodies. In Dublin City three out of every four vacant residential zoned sites are either owned by Dublin City Council or NAMA debtors. REFERENCES  1. “Government ponders increasing compulsory purchase powers” Irish Times, 14 May 2018; https://www.irishtimes.com/news/ireland/irish-news/government-ponders-increasing-compulsory-purchase-powers-1.3185489 2.“Almost 40,000 social homes could be built by local authorities” Irish Times Nov 2017; https://www.irishtimes.com/news/social-affairs/ almost-40-000-social-homes-could-be-built-by-local-authorities-1.3301442 3. NAMA Residential Delivery Updates (December 2017): https://www.nama.ie/development-funding/nama-residential-delivery-updates/. There is a reduction of 238 hectares from end-2017. There are number of factors for the reduction, including: the land has been built on, The land has been sold, the land has been re-zoned, the debtor has repaid or refinanced their debts and their loans are no longer in NAMA. In 2017, 2,503 were completed by debtors/ receivers funded by NAMA. 7,200 since counting began in 2014. Public Housing: Demand and Supply In the four years since 2014, 7,200 new dwellings have been completed by NAMA debtors and Local Authorities built 818 social homes. In the past twelve months 17,914 new households experienced rental distress and signed-on for Housing Assistance Payment (HAP). Official figures report that Local Authorities built 780 social homes (4) and a further part-State funded 1,078 were built by not-for-profit Approved Housing Bodies (5). However, when ‘turnkey’ units purchased from the private sector from developers are removed, Local Authorities built just 394 homes last year. 11 Local Authorities including South Dublin County Council built no (zero) homes. Approved Housing Bodies (AHBs) built only 270. In contrast in 2017 10.5% of all new homes sold were purchased by AHBs or Local Authorities nationwide as social housing. One year’s supply of purpose-built social housing is meeting less than two weeks of subsidised housing demand. Last year eleven Local Authorities built no social housing, including South Dublin County Council, which has more than 7,500 on housing waiting lists. Dublin County Council built just 232 homes and have more than 40,200 on housing waiting lists. Official targets for 2018 social-housing builds and acquisitions have been increased by just 11% on last year’s levels(6) (expect less than 450 Local Authority builds this year nationwide. By the end of 2018 one in three tenancies will be in receipt of some form of State rent assistance, making up almost 1950m. At current rates of increase by 2019 this annual spend on rent assistance will increase to over 11.1bn per year. In addition to zoned residential development land, the State owns massive landbanks, significant parts of which may be suitable to be re-zoned to residential use in the longer term. Even if a large percentage of the land controlled and owned by the State is not suitable for development, there is still more than enough to build 10,000 social homes per year, a recommendation of the All Party Oireachtas Committee on Housing and Homelessness in 2016 (7). The price of local authority housing (in Dublin City) should be 1175,000 for one-bed units, 1183,000 for two-bed units and 1200,000 for three-bed units. According to Simon Coveney: “The St Michael’s estate regeneration team proposal, ‘Our Community a better way: campaign for fair rental homes’, [launched on 26 April in Buswell’s Hotel] comprised 300 homes, of which 150 of which were social and 150 were cost-rental. The State would fund the capital cost of all units at a cost of 156 million. There would be a mix of one, two and three-bedroom apartments costing on average 1175,000, 1183,000 and 1200,00, respectively. Average monthly rent on a cost-rental basis would be 1900”. REFERENCES 4. Overall social housing provision | Department of

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    We Are Totally Facebooked

    We’re enslaved by social media which will manipulate emotions for money By Mark Kernan This year Facebook filed two very interesting patents in the US. One was for emotion recognition technology; which recognises human emotions through facial expressions and can assess what mood we are in at any given time -happy or anxious for example. This can be done either by a webcam or a phonecam. The technology is relatively straightforward. Artificially intelligent driven algorithms analyse and then decipher facial expressions. They then match the duration and intensity of the expression with a corresponding emotion. Take contempt: measured from 0 to 100, an expression of contempt can be measured by a smirking smile, a furrowed brow or a wrinkled nose. An emotion can then be extrapolated from the data linking it to dominant personality traits: open, introverted, neurotic etc. The accuracy of the match may not be perfect, but AI (Artificial Intelligence) technology is getting much better; and is already much quicker than human intelligence. Recently at Columbia university a competition was set up between human lawyers and their AI counterparts. Both read a series of non-disclosure agreements with loopholes in them. AI found 95% compared to 88% for humans. The human lawyers took 90 minutes to read them; AI took 22 seconds. More remarkably still, last year Google’s AlphaZero beat Stockfish 8 in chess. Stockfish 8 is an open-sourced chess engine with access to centuries of human chess experience. Yet AlphaZero taught itself using machine learning principles, free of human instruction, beating Stockfish 8 28 times and drawing 72 out of 100. It took AlphaZero four hours to independently teach itself chess. Four hours from blank slate to genius. A common misconception about algorithms is that they can be easily controlled. In fact they can learn, change and run themselves –a process known as deep “neural” learning. In other words, they run on self-improving feedback loops. Much of this is exciting of course: unthought of solutions to collective problems like climate change may become feasible. The social payoffs could be huge too. But AI could be nefarious. Yuval Noah Hariri, author of ‘Sapiens’ speculates that AI could become just another tool to be used by elites to consolidate their power in the twenty-first century. Rapidly evolving technology ending up in the hands of just a few mega companies, unregulated and uncontrolled, should seriously concern us all. Algorithms, as Jamie Bartlett the author of ‘The People Vs Tech’ puts it, are “the keys to the magic kingdom” of understanding deep-seated human psychology: they filter, predict, correlate, target and learn. They can also manipulate – both financially and politically. In 2017 an internal Facebook report said it could detect teenagers’ moods and emotions by their entries, though it later denied it, adding it does not, “offer tools to target people based on their emotional state”. The report was written by two Australian executives, Andy Sinn and David Fernandez. The report was written for a large bank and said that, “the company has a database of its young users – 1.9 million high schoolers, 1.5 million tertiary students and 3 million young workers”. Going one better, Affectiva, a Boston company, claims to be able to detect and decode complex emotional and cognitive data from your face, voice and physiological state using emotion recognition technology (ECT) – amassing 12 billion “emotion data points” across gender, age and ethnicity. Its founder has declared that Affectiva’s ECT can read your heart rate from a webcam without you wearing any sensors, simply by using the reflection of your face which highlights blood flow, a reflection of your blood pressure. Next time you’re listening to Newstalk’s breakfast show, dwell on that. Affectiva’s ultimate goal of course, underneath all the feel-good optimistic guff about “social connectivity”, “awesome innovation”, and worst of all “empowering” is, in its own words, to “enable media creators to optimize their content”. Profiting from decoding our emotional states, in other words. Maybe Facebook (and Google) would use this technology wisely for our benefit, however, it isn’t such a stretch to imagine how it could be used unethically too. It’s already microtargetting customised ads and messages at us depending on our state of mind and it allowed Cambridge Analytica to harvest the personal data of 87 million Facebook users to subvert democracy with Brexit and Trump. Facebook claims it wasn’t aware of this though. Well, maybe, maybe not, and it remains remarkably unaccountable given its enormous cultural and social power in modern lives. The second Facebook patent is even more interesting, or dystopian. Patented this June and under the code US20180167677 (with the abstract title of Broadcast Content View Analysis Based on Ambient Audio Recording), it illustrates a process by which secret messages – ‘ambient audio fingerprints’ embedded in TV ads, would trigger viewers’ smart technology (phone or TV) to record them while the ad was playing. Presumably to gauge the reaction to the product being advertised through, perhaps, voice biometrics (i.e. the identification and recognition of the pitch and tone of the viewer’s voice). As the patent explains in near impenetrable jargon this is done by first detecting one or more broadcasting signals (the advertisement) of a content item. Second, ambient audio of the content item is recorded, and then the audio feature is extracted “from the recorded ambient audio to generate an ambient fingerprint” before finally, “ the ambient audio fingerprint, time information of the recorded ambient audio, and an identifier of an individual associated with a client device (you and your phone or smart TV) recording the ambient audio” is sent “to an online system for determining whether there was an impression of the content by the individual”. It goes on to say that “the impression of the identified content item by the identified individual” is logged in a “data store of the online system”. “Content providers”, it notes, “have a vested interest in knowing who has listened to and/or viewed their content”. The feature described in the patent is not exhaustive: “many additional features

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    Taking housing from scandal to right

    The law can help: starting with a referendum by David Langwallner   There are human rights to food, water, healthcare, a minimum standard of living, and housing. Despite western opposition they found their way into the International Covenant on Economic, Social and Cultural Rights (1966). They have wrongly been denied as rights in Ireland since O’Reilly v Limerick Corporation [1988]. This article is about the right to housing which is most famously recognised in The UN’s Universal Declaration of Human Rights (1948). “There can be no fairness or justice in a society in which some live in homelessness, or in the shadow of that risk, while others cannot even imagine it”, according to Jordan Flaherty [in Floodlines]. Yet the Irish State is not providing enough housing that is adequate and affordable. The problem is easily addressed. For as US educationalist Jonathan Kozol reminds us: “The cause of homelessness is lack of housing”. Clearly we need to build more houses. They should be of excellent quality, sustainable, built in accordance with a spatial strategy and using new funding models, such – for example – as have been suggested by the credit unions which seem to recognise a feasible and financially viable model which government ignores. In the boom although Ireland completed up to 20 new homes per 1,000 population – the highest rate in the EU, less than two new homes were for social housing, one of the lowest rates in the EU. More starkly, since 2008 the capital expenditure on social housing has been ruptured by successive budgets with cuts of 80% (from €1.3bn to €275m). Certainly Labour Minister Alan Kelly’s Urban Regeneration and Housing Act legislates for social housing. It requires developers to provide “up to 10%” of their housing units for social housing, though even Martin Cullen, as well as Ministers ever since, maintained the rate of “up to 20%” introduced in the 2000 Planning Act, albeit that the percentage was for “social” but also “affordable” housing. The new Act also allows the dubious retrospective application of reduced development contributions and the introduction of a vacant site levy. Elswehere the Minister promoted a reduction in apartment sizes. All in the supposed interest of increasing housing supply. Moreover, the last government failed to address problems in the rental market. The current rent supplement for a single person is €520 per month and for a couple, €750 per month, despite the fact that the cost of renting a two bedroom property in Dublin city, for example, is €1,700 per month. That government also tolerated an epidemic of evictions by banks and vulture funds that it has not adequately regulated. Instead it permitted them to engage in unfair commercial practices often in breach of both consumer protection and EU law. The non-interventionist obsession, nurtured in the voodoo logic of neo-liberalism, also drove failure to nationalise the banks permanently in the public interest – to provide public-interest lending, to secretive and apparently profoundly unstrategic deal-making in the deeply suspect NAMA and to a banking inquiry which failed, through lack of zeal, to hear key evidence; and inevitably to define the root cause of the canker. Why has NAMA not intervened to provide public infrastructure, – parks, museums and above all housing? Its website states: “As at end June 2015, NAMA had identified over 6,542 residential properties as potentially suitable for social housing. Of these, demand has been confirmed by local authorities for over 2,500 properties, of which 1,386 have been delivered for social housing use. Confirmation of demand is a matter for local authorities and is not something in which NAMA has a role”. NAMA has been interventionist in its deal-makings, why not in its public-interest interventions? In short we have become a socially dislocated nation where many of our citizens do not feel part of the society that has clearly abandoned them. The level of homelessness in Dublin city centre in particular now generates an almost surreal zombie-like feel to the streets late at night, redolent of New York in the early 1990s or the streets of Nairobi where multitudes walk the streets and fields in a non-directional and tragically aimless way. The question arises what causes such matters and what can be done. First, it is obvious that the root cause was our banking collapse responsibility for which our top lawyers, civil servants, bankers and their symbiotic plutocrats have been serially let off the hook, most recently by the feeble Banking Inquiry which toiled under a smokescreen of legal manoeuvres. It was morally correct of Pearse Doherty and Joe Higgins not to sign their names to such a charade. In my practice as a barrister I have noticed that the banks have pursued the policy of reneging on their contractual obligations to reinstate consumers to tracker mortgages after expiry of a fixed-rate period. Significant litigation in the Four Courts is now geared at understanding precisely what went on in this context. Further, banks with no interest in Ireland – Danske Bank and the Bank of Scotland – simply left the room and disposed of their assets leaving to others to hike up interest payments and/or sell the assets off to the underworld of vulture funds. The banks also bundled assets. In a particularly scandalous case now wending its ways through the courts Danske Bank refused a repayment offer of €90,000 from the consumer and then sold the house via receiver to a composite property portfolio at the bargain-basement price of €60,000. This is simply an outrage but it passed unprobed. Recent reportage suggests that the vulture funds are now gathering for mass evictions and in Tyrellstown we have witnessed a vulture fund perpetrating a mass eviction even where the residents can afford to pay their rent. As Village went to press, it seemed a new government would prioritise homeless, housing and mortgage difficulties. However, the commitment it the ‘Programme for Partnership’ between Fine Gael and Independents and in the ‘Confidence and Supply’ deal with Fianna Fáil are notably nebulous.

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    Neoliberalism cloaked as modernity

    Ireland should brace for market worship dressed up as equality of opportunity and favouring those who get up early by David Langwallner and Ben Harper   Leo Varadkar consistently asserts that he does not believe in equality of outcome but in equality of opportunity. He sees himself as “right” or “either centre right or a higher class of liberal… some-body who believes in personal freedom, someone who believes in a political economy and in a free market as the best way to create wealth”. He wants to lead a party, and we infer a coun-try, for “people who get up early in the morning”. His highest-profile initiative came in late April, when as Minister for Social Protection he launched the fractious ‘Welfare Cheats Cheat Us All’ advertising and online campaign. It aims to encourage the reporting of suspected fraud to the Department of Social Protection anonymously. The image Varadkar, who was always going to win anyway, cultivated in his long tilt at the Fine Gael leadership is that of champion of equality of opportunity, liberalism… the right… those who get up early in the morning and aren’t part of the class responsible for welfare fraud. But above all Varadkar speaks the language of markets. However, the markets are a dead end. Neoliberalism is defined as “a modified form of liberalism tending to favour free-market capitalism” (Oxford). Like Scientology or some of the madder dogmas of religion, it is pseudo-science or bad science and it has been, as we shall see, comprehensively discredited. But this is too tart. Of course it has been discredited, but its hold on us grips our lives still, grips our incoming Taoiseach. So let us try and whisper in the world’s ears, and in the ears of the Taoiseach, why it is wrong and dangerous and pushing us to the edge. For a start there are better economic theories. John Maynard Keynes was in Saul Bellow’s phrase a man of “clairvoyant intelligence”. Keynes was prophetic in his great work ‘The Economic Consequences of the Peace’ that predicted that the dire economic conditions forced on Germany after the war would lead to its economic collapse and political upheaval throughout Europe. It resonates in our times. Keynes’ ideas fuelled recovery after recovery after the mistakes which followed 1929. Recovery was needed after the market was shown in every instance to be deficient in providing macroeconomic efficiency, let alone broader societal goals. Keynes argued that aggregate demand determines the overall level of economic activity. Inadequate aggregate demand can lead to prolonged periods of high unemployment. Keynes advocated the use of fiscal and monetary policies to mitigate the adverse effects of economic recessions and depressions. Time Magazine has said of Keynes: “his radical idea that governments should spend money they don’t have may have saved capitalism”. Keynes himself was reportedly disparaging about capitalism itself: “Capitalism is the astonishing belief that the nastiest motives of the nastiest men somehow or other work for the best results in the best of all possible worlds”. The stagflation of the 1970s with the shocks to the Keynesian system generated by oil prices opened sowed dissent. Keynes fell out of fashion with the stranglehold of unionism and welfarism and the imposition of socialist dogma. It created ‘a market’ for the work of the Chicago School and trickledown economics characterised by fetishistic privatisation, deregulation and the elimination of State subsidies. In the late 1970s much of this made superficial though never profound sense. The market may have seemed like a score counter that could be tamed for human purposes. No longer. It is the recipe for inequality leading to intolerance. After the Depression which started in 2007, Keynesianism actually underpinned some of the measures implemented in some countries – notably by Barack Obama and Gordon Brown in the US and UK. This was not the case in most of the world, particularly in Germany, which has learnt, and insisted that others learn, the wrong lesson from its own hyperinflation-driven catas-trophe – or the EU, including Ireland which was an incubator for austerity. But it is Greece that was the laboratory. When the Greeks decided the ignominy was too unfair and pointless and elected a government firmly opposed to the hopeless conditions imposed upon them they were forced into an astonishing U-turn to accept further self-destructive bailout packages. Not even the IMF thinks that Greece can comply with these terms and successfully pay back its debt, especially when coupled with crippling austerity conditions. The latest figures show Greece’s debt stands at 179 percent of its gross domestic product, or about €315 bn. Naomi Klein in her bestseller ‘The Shock Doctrine’ analyses the growth and development of Neoliberalism across the world. An economic paradigm dubbed by the author ‘disaster capitalism’. Klein particularly homes in on how these crises and others are used to justify further disaster prescriptions. She quotes Hayek’s mate Milton Friedman: “Only a crisis – actual or perceived – produces real change. When that crisis occurs, the actions that are taken depend on the ideas that are lying around. That, I believe, is our basic function: to develop alternatives to existing policies, to keep them alive and available until the politically impossible becomes politically inevitable”. This describes the Greek decade. Moreover, Neoliberalism has contributed to the world order approaching a collapse at a startling velocity. As shown by Thomas Piketty decades of inexorably widening inequality lead to economic instability and social unrest. Trump, Le Pen and Brexit are the predictable fruits. Racism, sexism, xenophobia, intolerance, antienvironmentalism and disdain for the truth are their imperatives and their currency. It isn’t hysterical to fear that the end of human civilisation is glaring us in the face while most people look away. Established parties of government in nearly all major countries have subscribed to the Neoliberal agenda and merely quibble about its implementation. A wild ballet of madness. Neoliberalism’s imprimatur for austerity has ineluctably led to social instability and fragmentation, the destruction of pension and welfare entitlements, poorer and often

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    Morally Most Wanted

    Fantasy Indictment: Peter Sutherland for moral offences against the economy, the environment and human rights by David Langwallner and Michael Smith   Christopher Hitchens, no stranger to contrarian positions, once wrote a remarkable polemic called ‘The Trial of Henry Kissinger’ impugning Kissinger for being as guilty as any common war criminal of crimes against humanity. In evidence Hitchens proffered his inculpation in the murder of democratically-elected Chilean president Salvador Allende. After General Pinochet assumed power Kissinger told Richard Nixon that the US “didn’t do it”, but “we helped them…created the conditions as great as possible”. Hitchens also marshalled in evidence Kissinger’s sponsoring of the carpet-bombing of Cambodia, and his and Gerald Ford’s oblique tolerance, and perhaps approval, of genocide in Indonesia. At the time the book had an incendiary effect but the allegations were not immediately directed into concrete legal action. Ultimately of course Kissinger had to leave France with unseemly haste with an arrest warrant pending and return to the safe refuge of the US where he thrives as a nonagenarian staple of talk shows, the idol of Fox News and a totemic visionary of Realpolitik. Such is the shadow existence of a once lethal global potentate. But Kissinger is old news, disempowered, with the historic crimes fading over time and mercifully, absent a call from Trump, out of harm’s way. Though you never know, such is the plausibility in our unethical world of the king of statecraft. Realpolitik has moved on from such crude seventies tactics as murdering a head of state to simply disemboweling him metaphorically – as with Tsipras – with the panoply of capitalism. Moreover we have, some of us, moved on to business-craft. From the modernist, almost industrial complex of building that is UCD stands out a splendid new addition, the Sutherland school of law, a sleek new premises which “incorporates teaching and learning facilities which are purpose built to foster and support more experiential styles of learning”. This is most apparent in the Clinical Legal Education Centre which incorporates a trial room suitable for mock trials, though not of its benefactors of course. If Peter Sutherland were a building it would be this building for, though well-upholstered, it’s a little top-heavy. Why do we never name schools of law after true heroes, or at least flawed ones? The Mansfield School of law, The Sean McBride or Mary Robinson School of law? Of course international businessmen and plutocrats of all sort seek, in the dusk of lives dedicated to the pursuit of money, to have their reputations magnified for future generations. Tony O’ Reilly, by far the most elegant of the Irish philanthropists, has his sponsored buildings in Trinity and UCD, named – perhaps – after his parents. But these things are done better and with fewer strings in the US, where the culture and indeed the tax regime are more conducive: Warren Buffett and Bill Gates are charitable icons and are scrupulously divesting themselves of their assets in the common good; many US universities depend on philanthropy. Naturally the Sutherland school seems a bit more business- friendly than its fuddy-duddy anonymous predecessor: it aims to make “our teaching and learning challenging, rewarding, relevant, and critical in engaging with the challenges of law in Irish and international business, social, political and economic life”. If Goldman Sachs did law faculties it might probably do this one. It is not clear whether the minions and opinion-formers, rushing to their lectures, have been encouraged to downgrade human rights, the environment and culture as part of the process of embracing their exciting challenges. Peter Sutherland is a unique case; a pasha of world fuzzy democracy, a knight of the British realm described in the Financial Times in 2009 as “at the centre of the establishment in all its forms”, a querulous and basilisk Buddha, looking down from a great height at the mortals of the world and their fig-leaves of democracy and national sovereignty, barriers to the elevation of trade that his career has so eminently promoted. But let us construct a narrative for this man. Gonzaga, UCD and King’s Inns educated and aggressively-rugby-playing, he became Attorney General of Ireland in his 30s, after a brief and unsuccessful electoral dalliance with Fine Gael; and then was made the youngest ever EU commissioner – for Competition, in which capacity he was famously dynamic, driving competition in the airline, telecoms and energy sectors, and attracting the admiration of federalist Commission President, Jacques Delors. He chaired the Committee that produced The Sutherland Report on the completion of the Internal Market of the EEC. Only Ireland’s dreary civil-war politics deprived Sutherland of the job he coveted most when, back in 1994, the UK recommended him for the post of European Commission president. His strings to Fine Gael meant he did not enjoy the support of his own country’s government, then led by petfood Taoiseach Albert Reynolds. Tellingly, he once told the Financial Times: “I do absolutely believe in the European project. I think it’s the most noble political ideal in European history in a thousand years”. The Competition Commissionership was the first step in his championing of globalisation, internationalisation, sovereign fluidity, and the promotion of economic liberalisation. Of course Sutherland can surely speak the language of progress and ethics – and he is even, as a Good Catholic, an economic advisor to the Vatican, Consultor of the Extraordinary Section of the Administration of the Patrimony of the Apostolic See (and President of the International Catholic Migration Commission). Nevertheless his work – and even his lifestyle – bespeaks slavery to the amoral deities of capital, profligacy and greed. Globetrotting private jets, secret meetings in the Vatican or with the Bilderberg Group, carefully regulated and deliberately evasive public appearances: bread and butter for decades for this warrior for the business agenda. It is of course an ambivalent existence – grey: not a matter black and white. He is an agent of liberalisations the upshot of which he feels no obligation to take responsibility

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