Archives

OK

Random entry RSS

Loading

  • Posted in:

    The rock star should be sometimes alone, but never lonely

    The story of the contemporary rock diva, Lady Gaga, who literally could not stand to be alone, is a philosophical fable for our times. A few years back, according to claims in a legal action filed by the rocker’s former personal assistant, who sued for overtime pay, the singer could not tolerate being in her bed alone. The assistant was required to be with her boss 24 hours a day (including sleeping with her), yet was not paid for the extra hours. What is going on?   A Globalised World Specialising in the torture of Sleep Deprivation No aspect of our biology is left unscathed by sleep deprivation, according to Professor Matthew Walker, director of the Centre for Human Sleep Science at the University of California, Berkeley. “It sinks down into every possible nook and cranny. And yet no one is doing anything about it. Things have to change: in the workplace and our communities, our homes and families”. It’s not just margaret Thatcher who suffered from lack of sleep, you do yourself… In the book ‘24/7: Late Capitalism and the Ends of Sleep’, Jonathan Crary argues that the expanding non-stop communication technology of twenty-first-century capitalism is ruining individual attentiveness and impairing perception. The 24/7 marketplace is endlessly pushing us into constant activity, damaging the fabric of everyday life. Humans are endlessly diverted and distracted by the images, demands and noises of ubiquitous technology, including mobile phones and other electronic devices. There is never any peace. Doctor Frank Lipman, who treats conditions of stress and fatigue, has noted that: “feeling spent is an understandable response to the 21st century. If you put a human being in a modern city, and add computers, mobile phones, credit cards, neon lights and 24-hour shopping…what do you expect?”.   The ‘Wired Life’- or the Death of Solitude But the modern condition engenders more than just the death of sleep, chronic fatigue, and pointless frenetecism. This famous saying of the philosopher Blaise Pascal has never been more relevant to the contemporary world – yet never more violated. “Our unhappiness arises from one thing only, that we cannot be comfortably alone in our room…That is why the pleasure of solitude is seen as so incomprehensible”. The Wired Life of hyper-capitalism and its world-wide-web – think of a massive spider’s ‘web’ in which we are all entangled – is designed to be intrusive and overweaning. To want solitude is to be an oddity. Experiments summarised in the journal Physiology & Behaviour suggest that, given a choice of physical pain or isolation, social mammals will choose the former. Capuchin monkeys starved of both food and contact for 22 hours will rejoin their companions before eating. Children who experience emotional neglect, according to some findings, suffer worse mental health consequences than children suffering both emotional neglect and physical abuse: Though he wrote his short story ‘The Pedestrian’ in the era of Big Box TV pre-cable, pre-streaming media, Ray Bradbury grasped the effect of emerging electronic communication, which tended to undermine both the right of – and desire for – privacy. The pedestrian Lawrence Mead is out walking alone: “And on his way he would see the cottages and homes with their dark windows, and it was not unequal to walking through a graveyard, because only the faintest glimmers of firefly light appeared in flickers behind the windows… In ten years of walking by night or day, for thousands of miles, he had never met another person walking, not one in all that time”. Shortly thereafter Mead is arrested by a robotic police car and taken to a psychiatric institute for treatment for regressive behaviour, that is, seeking solitude in a world saturated by media. Unlike the rock star who cannot sleep alone, the Pedestrian wants to walk alone but a technocratic world won’t leave him alone. Non-stop video games, omnipresent online streaming, iPhones, social media, multiple cable channels, all conspire to make humans into Outer-Directed Machines always looking to be attached to the Wired World for their amusements. Montaigne in his essay, ‘Of Solitude’ said: “We must reserve a backshop, wholly our own and entirely free, wherein to settle our true liberty, our principal solitude and retreat. And in this we must for the most part entertain ourselves with ourselves, and so privately that no exotic knowledge or communication be admitted there”. The reference to finding solitude away from “exotic knowledge or communication” – a harbinger of the WWW – is a battle cry for those seeking to liberate themselves from the endless distractions of a 24/7 Interconnected Info-World. The philosopher Arnold Schopenhauer assailed those who constantly seek happiness through external stimulations (food, entertainments, games, wealth, etc). Such a life “cannot protect a man from being bored”, Schopenhauer cautioned. The rock singer could not be alone because she no longer had the capacity to entertain herself with herself. The ability to be comfortably alone in her room was beyond her. She is a contemporary casualty of the age-old War against Solitude. George Monbiot, who believes capitalism has inspired a generation of loneliness, has written: “Of all the fantasies human beings entertain, the idea that we can go it alone is the most absurd and perhaps the most dangerous”. He and Gaga are only half right: we should relish company but thrive too, because it is sometimes inevitable, on solitude.

    Loading

    Read more

  • Posted in:

    Required Viewing

    The last day of November this year marked the seventieth anniversary of the death of Ernst Lubitsch, whose greatest works, such as ‘Ninotchka’, ‘To Be or Not to Be’, ‘The Shop Around the Corner’ and ‘Heaven Can Wait’, are now widely unknown. Lubitsch himself, who started his career in silent movies in his native Germany and ended it as one of Hollywood’s most prestigious producer-director-writers, is certainly now an obscurity. But the list of stars who benefited from the once-famous ‘Lubitsch touch’ contains many familiar names: Greta Garbo, Betty Grable, Mary Pickford, Marlene Dietrich, Jack Benny, Maurice Chevalier. That list deserves a little consideration, as it tells us something about the nature of celebrity. Regardless of the age of the reader, it is reasonable to think that most of the names there are familiar, and yet it is also reasonable to assume that very little specific is known about any of them. At best, most readers will have a fair idea of what Dietrich or Garbo looked like, but does anyone watch films with these actors in them, anymore? The first centenary of cinema was celebrated around 1995, but in fact for the first 20 years or so, almost all moving pictures were non-fiction recordings of street life that were viewed as much as a funfair attraction as anything else. So really what we regard now as cinema, that hugely transformative, mass cultural development, has only just turned 100. In its short existence, it pumped out thousands of films that were consumed as intimately shared experiences, that drew millions of people into a vast simultaneous sensorium, the like of which was only dimly prefigured by mass newspapers and radio. Because of this technological wonder, people from across the world were able to swoon for the same actor, who appeared to every single one of them in the same way. The star system was born, pre-eminently in Hollywood, but also in other national cinemas. That system carried on more or less intact right through cinema’s first 50 years or so, when there was relative scarcity of screen experiences for most people. So for quite some time, viewers had to passively wait until a new film appeared, which they could then dutifully go and see. The widespread adoption of television in the 1960s and 1970s began to change things somewhat, but it was not until the spread of video in the early 1980s that viewers began to have any control over what they could watch. Once the back catalogues started to come out in all the various formats that have cascaded since those developments, we left the era of scarcity behind. There was a brief period, perhaps 1980-2000, of what may be called an era of plenty. And now we are in the era of glut. This goes some way towards explaining why those old Lubitsch films don’t get watched anymore. The dizzying array of offerings and hundreds of hours of content mean that there are very few simultaneously experienced screen moments anymore. They do still happen in the cinema itself, assuming nobody in the theatre has watched a ripped version in advance. And sports broadcasting still provides some shared moments, though of course recordable television has made it increasingly common for fans to save a match for viewing at their convenience, while trying to avoid the social media simultaneity of their friends reacting to the live results. In short, there are no longer very many shared touchstones of screen culture, such as those Lubitsch films, which once would have been justifiably called ‘classics’ and now are in an uncertain zone between ‘obscure’ and ‘cult’. The tense of the verbs that we use to talk about media have undergone a corresponding shift. No longer do children in the schoolyard or colleagues at work ask ‘Did you see Top of the Pops last night?’ Now we ask ‘Are you watching ‘Game of Thrones’?’, or ‘What season are you on now?’, or ‘Have you started watching ‘The Deuce’ yet?’. Viewing audiences, which for a brief 50 years or so were in a fixed lockstep of fandom, are now atomised and independent. The realisation that we were all consuming precisely the same thing at precisely the same time was a great engine of social and artistic change. That weirdness of simultaneous experience is key to understanding Joyce’s ‘Ulysses’, for example. And it’s worth noting that the era of that book – set in 1904 and published in 1922 – spans those early years when the cinema as mass entertainment found its feet (with no help from Joyce’s own entrepreneurial efforts at the short-lived Volta cinema on Mary Street, now occupied by Penney’s). The risk that somebody would ‘ruin the ending’ of a film we had not seen was always present, most especially in the domestic television-viewing space. What used to happen far more often was that several generations would watch the same thing together, with the older ones having seen it before. This retreading of the viewing tyres for the older viewer transformed the favoured films (James Bond, ‘The Wizard of Oz’, ‘Some Like it Hot’) into a ritualistic, and sometimes wearisome and despised, experience. But the palpable tension of different sets of viewers engaged in the same thing, with the emotional energy in the room passing as much among the different kinds of viewers as between the screen and the viewers, are mostly things of the past now. The newer phrase is ‘spoiler alert’, and we hear it all the time because of the way that no two people experience the same media timeline, with the exception maybe of X-Factor style phastamagorias, although viewers spend much of their time checking their phones for what viewers elsewhere think about the show on their phones. With more screens in the average home than people, there is no pressure or compulsion to watch the same things, and films that require a modicum of commitment to get into them, aka black and white movies, are neglected by

    Loading

    Read more

  • Posted in:

    Old Lady weds De Paper

    A s early as last February, the Irish Times reported that Landmark was in talks with Independent News & Media (INM) over a possible takeover, as the company struggled to service its €21m debt. At the time, INM was undergoing a competition review of its plans to purchase Celtic Media. The Competition and Consumer Protection Commission (CCPC) had authorised the planned deal in November 2016, but because the merger involved media companies, it also faced a review by the Broadcasting Authority of Ireland (BAI). However, INM and Celtic Media called off the deal in June days before Communications Minister Denis Naughten was due to give his determination on the BAI’s merger report. Perhaps dissuaded by the lengthy competition review process, INM had already declared that it was not interested in the Examiner in April. Landmark Media emerged from the ashes of the Thomas Crosbie Holdings receivership in 2013, and in addition to the Irish Examiner owns eight regional newspapers as well as shares in radio stations Beat 102 103, WLR FM and RED FM; and several websites, including the recently acquired Benchwarmers, a sports-news website. The Irish Times emerged as a possible bidder for the Examiner in March, as reported in the Sunday Business Post. By July, there were more reports of interest from Trinity Mirror, provincial publisher Iconic Newspapers and Rupert Murdoch’s News Corp, although the Irish Times was “in pole position”. The group appeared to be in a race against time, even closing down the Echo titles and appointing a provisional liquidator in June, and winding up the Irish Examiner Pension Scheme in August. Even so, negotiations dragged on, with suggestions at times that Landmark Media was for sale as a job lot; and at other times that it would be broken up, with the remaining provincial titles going to Iconic and Rupert Murdoch’s recently acquired Wireless Group expanding its footprint by taking the local radio stations. By September, the sale of the Irish Examiner to the Irish Times had been agreed in principle, but with several million euro in outstanding bank loans, there was clearly a lot of work still remaining. Iconic was reported to be taking the regional titles. It was not until the start of December that the deal was finally announced. All other buyers having dropped out, the Irish Times was taking over all of Landmark Media, with the exception of the Echo papers in liquidation. So what happens next? The Irish Times deal seems likely to pass muster with the CCPC and BAI (it will certainly have an easier time doing so than if the buyer had been a 900lb gorilla like Rupert Murdoch or Denis O’Brien) but, even so, the competition reviews are estimated to take until at least Easter. With Iconic apparently having dropped out, the chance to recoup some of the investment by selling regional titles to a company with expertise in running them may be gone for now, and getting the sale of radio stations to the likeliest buyers (the gorillas) still seems difficult given the regulatory hurdles. The Irish Times has previously said it intends to operate the companies in the group as a going concern. So, has the Trust shot itself in the foot in a bid to stop its rivals getting hold of the Examiner? Perhaps not. Properly managed, the Irish Examiner even in its current perilous state with sales below 30,000 copies daily, still commands a loyal following in Munster, particularly in Cork. Production synergies, where contributors and production staff work for both newspapers, are notoriously difficult to achieve in practice, but if done well, and if reports of a rumoured bankdebt write-off are accurate, the paper could stabilise. The Irish Times has already proven it can sell subscriptions – both online and in print – in Dublin. That same expertise applied in the home of De Paper could right the ship. Preserving the character that makes the Examiner’s journalism stand out may prove more difficult. No matter how much new owners pledge to preserve editorial integrity and independence, ownership matters, even if only because of the decisions owners take about who to put in charge. That question is particularly pertinent with the Examiner, which has been without a full time editor-in-chief since Tim Vaughan stepped down last year. Allan Prosser is filling the gap as acting editor. The Irish Times is very often the Paper of Official Records, while in recent years the Examiner, perhaps insulated from the usual pressures on news reportage in the capital due to its location in the second city, has championed stories which challenge official versions of Ireland, from Michael Clifford’s dogged coverage of the Maurice McCabe saga to Conall Ó Fátharta’s work on the abuses uncovered at Mother and Baby homes, from Tuam to Bessborough. This ethos would be missed.

    Loading

    Read more

  • Posted in:

    Dáil and its legal reform is pro-lawyer

    The circumstances of the demise of former Minister for Justice, Alan Shatter, diverted attention from the risk of the thwarting of his reforms of the legal profession. Infamously many ministers, and their – often informal – advisers, are lawyers. Indicative of the problem is that at the last reading of the proposed reform bill, it was clear that both Fianna Fáil and Sinn Féin, the principal opposition contributors on the bill, had nothing to contribute beyond what they had been fed by the representative bodies of the legal profession, the Law Society and Bar Council. The only person who seemed concerned by this was, ironically, the ex-Minister himself, a high-flying solicitor. Under successor minister, Frances Fitzgerald, the substance of his proposals remain intact. So far. To the detriment of all but the most pampered senior lawyers, they do not go far enough anyway. When the bar is accused of privilege and anticompetitive practices, the defence is often proffered that the fact that so many barristers are struggling and even leaving the profession proves lack of privilege and anticompetitive practices. This defence is incorrect. On the contrary, in a profession, the relative suffering of the incoming juniors is indicative of anti-competitive practices, not of their absence: both the general public and those less established in a profession pay for the profession’s obstruction of competition. Ireland shares with the UK the distinction of maintaining the highest legal costs in Europe, and a similar system of practices, including separate functions for barrister and solicitor, the real pressure to hire three lawyers in the higher courts, the much-questioned institution of Senior Counsel, and a system of legal-cost adjudication (formerly called ‘taxation’) in which the question of whether a lawyer has overcharged you is decided in a process which seems designed to punish you severely for challenging the lawyer’s bill.   Obstacles to barrister right of establishment and to price competition Two key obstacles to barrister competition are restrictions on advertising, particularly of fees, and prohibition of direct access to barristers by clients (approach must be done through a solicitor). These obstacles have a powerful twofold economic effect in favour of established barristers: first, they obstruct new entrants from establishing themselves, getting market share and competing with the incumbents; second, they inhibit what economists call price competition: the system inhibits the client’s ‘shopping around’ for the best-value barrister for their needs, and haggling for fees, and thus bringing normal market forces to bear for lower fees. These two obstacles are of the Bar Council’s own making and it vehemently resists their repeal, desite the issuance of an infringement ‘formal notice’ by the EU Commission in November 2013. Theoretically the solicitor can do this ‘shopping around’ for the client. But there are three major problems with this. Firstly, the solicitor is not necessarily going to take this ‘shopping’ seriously enough as her own money is not on the line. Secondly, as this shopping takes the solicitor’s time, the solicitor can bill for it; if she does not, she is not incentivised to work thoroughly on it. Thirdly, there can be a fee-splitting practice where solicitor and barrister, while having actually billed the client distinctly, aggregate their actual received fees and split them. Fee-splitting is a form of kickback to the solicitor on the barrister’s fees, and actually puts price competition in reverse by perversely incentivising the solicitor to use a more expensive barrister. The barrister’s code of practice is totally silent on any such kickbacks; it does not prohibit them or even require that the client be notified of them, indeed it does not mention them at all.   Investigation by the Irish Competition Authority The Irish Competition Authority investigated the Irish legal profession and in a final report published in 2006, concluded that the legal profession was “in need of serious reform”, and “permeated with unnecessary and disproportionate restrictions on competition”. It set a target date of 2008 for the implementation of its many recommendations. As of 2014, the most important recommendations have not been implemented.   Troika pressure and glacial government response The Irish government was under pressure from the Troika to reform the legal system and to do something about excessive legal fees. The first draft of the Legal Services Bill was published in 2011, already three years after the Competition Authority’s target date for implemented reforms. Since then, the draft bill has sat on the shelf for a further three years. In November 2013, the European Commission initiated an infringement procedure against Ireland (reference NIF 2013/2192) for continuing to allow the Bar Council to maintain the restrictions it has on advertising. The first draft of the bill had many problematic provisions, some of which have removed or improved in the new draft of the bill.   Key obstacles to barrister competition not removed The draft seems to be pretending that it is implementing direct access to barristers, with a heading ‘code not to prevent direct access to barrister’. When you look closely, it is only implementing direct access in ‘non-contentious’ cases, that is, about 2% of barristers’ work. The bill does not mandate effective freedom of advertising for barristers at all.   Flagrantly unjust legal cost adjudication regime The current draft of the Bill codifies and slightly modifies an existing 18th-century practice of financially flogging those who challenge lawyer’s bills: if you challenge your own lawyer’s bill and she is found to have overcharged by anything less than 15%, you have to pay an 8% ‘stamp duty’ on that bill and, additionally, the costs of the hearing. An even worse current practice is left unmentioned and unchanged by the Bill: you have to pay the stamp duty of 8%, regardless of whether or how much you have been overcharged, when you challenge the bill of a lawyer who is not your own (which happens only when you have to pay the costs of the other side). This system is in flagrant violation of natural justice, equality before the law, and arguably

    Loading

    Read more

  • Posted in:

    Trump and the Road to Hell

    States, including our own, have always afforded privileges to certain groups above others through their laws. Various codes have upheld discrimination in gender, pedigree, ethnicity, and even ordained that one person is the property of another. But positive law co-exists with another ideal of a universal Rule of Law, or justice, conceived in classical antiquity by philosophers such as Plato, Aristotle and Cicero who said; “True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrong-doing by its prohibitions”. There is a similar transcendence in the literary canon, a tradition of the best which puts William Shakespeare rather than John Grisham on an English syllabus. The philosopher Alasdair MacIntyre wrote: “Tradition if it is to flourish at all…has to be embodied in a set of texts which function as the authoritative point of departure for tradition-constituted enquiry and which remain as essential points of reference for enquiry and activity, for argument, debate, and conflict within that tradition”. The sacred texts in our legal tradition come from classical antiquity and have informed an idea of justice, from which the Founding Fathers of the United States drew inspiration. Another layer of values, often formed unconsciously, comes from the poetry contained in all our art forms. This is the sustaining life blood of culture, which led Percy Shelley to argue that the poets are “the unacknowledged legislators of the world”. Over the long term, no lawmaker’s code ever had a cultural impact equivalent to William Shakespeare’s plays. Contrariwise, apart from their direct effect, laws still have a vital pedagogic role in informing values. The US Constitution has served as a model for democratic constitutions worldwide since its promulgation, but made no mention of the slavery which operated in the Southern states of the country until 1865. Moreover, the so-called ‘Three-Fifths Clause’ contained in the Constitution said that in a Southern state black slaves should be counted as three-fifths of a free citizen, for the purposes of Congressional elections; although they were of course denied the right to vote. This gross hypocrisy augmented the representation of Southern states in the House of Representatives, ensuring a Northern majority could not interfere with the South’s ‘peculiar institution’. The Rights of Man were colour-coded from the start. Slavery was only abolished in 1865 by the Thirteenth Amendment after a bitter five-year Civil War that caused more US combatant deaths than the First and Second World Wars combined. It should also be noted that the war was not fought by the North to bring about the end of slavery but to prevent Southern secession, and only when the war was effectively won was a right to own slaves brought to an end. It was violent competition between Southern and Northern migrants to ‘Burning’ Kansas that really set the two sides against each other before the Civil War. Nor did the US Constitution protect First Nation Americans from what is increasingly viewed as an orchestrated genocide throughout the nineteenth century. Cormac McCarthy’s novel ‘Blood Meridian’ paints a gruesome picture of the aftermath of the Mexican-American war of 1846-48 for the Native American peoples effectively annexed into the expanding United States. The twentieth century altered a prevailing view of a buccaneering United States. In 1917 Woodrow Wilson famously entered World War I “to end all wars”, setting the stage for the League of Nations; although Isolationism reasserted itself, especially after Wilson suffered a debilitating stroke in September 1919, meaning the United States did not participate in that first experiment in international governance. Despite the horrific, and unnecessary, atomic bombing of Japan, the US is still considered the saviour of civilisation in World War II. But especially since the Vietnam War normal exploitative service has been resumed with the development of a state-sponsored, fearsome military-industrial complex, which also relies on the sale of arms to ‘friendly’ powers, whose ruling elites are often subservient to US interests. The guarantee of free speech under the US Constitution has allowed US political activists a degree of latitude, often operating from academic institutions rather than a media dominated by special interests, which turned socialism into a dirty word. Nevertheless, during and after both world wars in particular, the state actively repressed left-wing movements. This has forestalled the emergence of socialism, despite promising beginnings under Eugene Debs, a candidate in multiple Presidential elections. He was found guilty of sedition for advocating resistance against the military draft, and sentenced to ten years in imprisonment in 1918. Nonetheless, US citizens have been able to rely on constitutional rights, especially since the Civil Rights movement of the 1960s. It has mostly been outside its national territory that US intelligence services have committed their crimes. It poses the question who were the ‘good guys’ during the Cold War. The Trump administration’s persecution of aliens is also nothing new. Nativism goes back to the arrival of Catholic Irish from the late 1840s when the Know Nothings became a major political force, even putting up Millard Fillmore as a candidate in the 1856 Presidential election under the auspices of the American Party. The hysteria against Muslims today recalls charges that Catholicism was incompatible with ‘American’ values. But the erosion of the Rule of Law in the wake of the September 11 bombings revisits an even grimmer spectre. The twentieth century bore witness to the horror of the Nazi concentration camps, where the meticulous efficiency of an apparently advanced country was harnessed to manufacture death and spread fear. In response, the Nuremberg Trials established ideas on universal justice, including extra-territorial prosecution of Genocide and Crimes Against Humanity. Of course there was a great deal of hypocrisy such as the inclusion on the bench of a Soviet judge, Iona Nikitchenko, who had presided over Stalin’s infamous Show Trials. Nonetheless, the court established a line of internal repression which could not be crossed by any sovereign state. The jurisdiction of a universal norm of justice was declared,

    Loading

    Read more

  • Posted in:

    Villager – December ’17 / January ’18

    Happy Christmas from Villager! No Trump lookalikes or Nominal determinisms this month. Villager’s had it with formula journalism. In fact he’s had it with a lot of things. Nothing ever changes: Fianna Fáil, Fine Gael, one-off-housing and winter never went away. The only good thing is we see less of Martin Mansergh, now. And Christmas, well we’re writing for the January market too since the finances and staffing are so threadbare we can’t come out every month. so the editor’s told Villager not to emphasise Yule. Whatever the spirit of Christmas is Village is the opposite of it, Villager reflected. The only concession anyone remembers to the season of goodwill in this magazine was a sprig of photographic holly between the bar code and Frank Connolly. In 2009.   New So, the Oireachtas committee on the Eighth Amendment has agreed to recommend a series of changes to abortion laws, including access to terminations without restriction, up to 12 weeks. That, Villager has to accept, is new. As is Sinn Féin’s new found queasiness about being the most radical gang in town. Sinn Féin abstained on the vote as it goes beyond the party’s position on the Eighth Amendment. However, the party’s health spokeswoman Louise O’Reilly said it would review its position on this matter, in light of the committee’s recommendations. Where stands transcendent feminism in the mix?   McCabes The leadership of Sinn Féin has demonstrated a cynical indifference towards Garda McCabe. Its collective silence about the injustice meted out to him is deafening. Villager is talking about the other Garda McCabe; the skeleton in SF/IRA’s bloodstained cupboard, the murdered Detective Jerry McCabe who was gunned down by the Provisional IRA at Adare in June 1996 during a Republican fundraising event (i.e. an armed heist). Back in 1996 SF told all sorts of lies about the killing. It took Gerry Adams until 2013 to make an apology in the Dáil. Mary Lou McDonald aspires to becoming SF Leader and, no doubt Tánaiste, in the future. We know what she thinks about Garda Maurice McCabe. She admonished the recently retired Tánaiste Frances FitzGerald about his case thus: “You may think, Tánaiste, that you’ll weather this storm, that you ride it out, but you won’t, because the terrible vista of a conspiracy to malign a good man, to smear him as a sex abuser in order to shut him up, is not some minor political episode that can simply be brushed away”. Fine words but what pray has our putative SF Tánaiste ever had to say about the murder of Jerry McCabe? The murder of a Garda officer is “not some minor political episode”. She might also care to answer the following question for Villager: “Have you or anyone on your behalf, either directly or indirectly, had any form of communication with anyone involved with the Provisional IRA, concerning SF leadership issues during the last three years? In other words: Have you obtained the Army Council’s blessing for your forthcoming leadership coronation?”.   Boulted-on to Disney Disney has bought much of Rupert Murdoch’s media empire including Sky UK and Adam Boulton with it. Villager didn’t mind Boulton referring to “You Irish” as being too sensitive about the Brexit negotiations. Partly because we are but also because there was a time when it would have been “The Irish” as an introduction to something patronising. Of course we’ve little enough to be patronised about these days (apart from our trashy party politics). Britain, or more precisely England, meanwhile has managed to throw away a Millennium-old reputation for sober and empirical, evidence-based stoicism in the eighteen months since it wrapped up all its understanding of history and economics, wrapped it up in a Union Jack and tossed it into the cross winds over Beachy Head. Now that’s something to get patronised about.   Boosting home Eoghanership The Department of Housing is to exempt a number of developments from planning permissions to help tackle the housing crisis. Under new regulations – which will need to be passed by theOireachtas – the redevelopment of so-called “over the shop” units will be allowed without planning permission. It seems a sensible measure. Nothing else has worked in thirty years and our towns, cities and villages are characterised by lack of energy overhead. Still they’ll need to ensure that Building Regulations on issues like sewerage and noise are somehow addressed, and that historic features like staircases aren’t casually jettisoned.   Dense Further development of a new town by Gannon Homes at Clongriffin in north Dublin is to proceed following the granting of planning permission for a landmark 16-storey 139-apartment building on the edge of the town’s’ Station’ square. Clongriffin has been designed as a new town with a main street and 3,600 residential units once complete. Its development stalled with the downturn. High-rise there will add visual interest, and high-density is justified as the DART stops beside it; just stay cautious about imposing it on the unyielding centres of our cities and towns where, particularly in Dublin, it threatens the unique selling point of the city, its historic human scale.   Dense Dublin hoteliers continue to take casual injunctions of high-density from Leo Varadkar and his mate at the Department of Justice, Eoghan Murphy, as a charter. Rumour has it the Ormond Hotel which adjoins the Village office on Ormond Quay Upper is looking to increase the density allowed by An Bord Pleanála in its decision earlier this year. And the horrible Ashling hotel near Heuston wants to become horribler still, and demolish some of its historic neighbours. The freeholders of the Leprechaun Museum (with a Ben Dunne gym overhead) on the Upper Abbey St/Jervis St corner in central Dublin too want to demolish an unusual and potentially attractive former corset factory, the Twilfit building, and replace it with a behemoth that would overshadow the concreted space that passes as Wolfe Tone Park.   Amnesty for Amnesty? The Standards in Public Office commission (SIPO) has instructed Amnesty International to

    Loading

    Read more

  • Posted in:

    KWETB, under investigation by Fraud Squad, C&AG and HSA, is not the only scandal in Kildare

    It is unlikely that the controversies which have rocked the Kildare and Wicklow Training Board (KWETB) in recent months would have emerged but for the persistence of Newbridge Councillor and unsuccessful Fine Gael general election contender, Fiona McLoughlin Healy. Her efforts in exposing the questionable decisions by the KWETB have been followed by the early retirement of its chief executive, Sean Ashe, in November and the resignation of the chair and vice-chair of the board, Jim Ruttle and Brendan Weld, in early December, though they both remain Count y Councillors. Weld is a member of Kildare County Council for Fine Gael and Ruttle an independent on Wicklow County Council but their political futures may ultimately depend on investigations currently underway into governance and alleged conflicts of interest at the KWETB. The National Economic Crime Bureau (aka the Fraud Squad) and the Health and Safety Authority have also weighed in with their own inquiries into related matters while claims of serious wrongdoing have been made in the High Court in a case involving building company, K&J Townmore Construction Ltd and the Wexford-based concrete products supplier, Drumderry Aggregate Ltd. Meanwhile, work on a new extension at St Conleth’s secondary school in Newbridge has been halted pending a number of investigations into the quality of the columns, beams and other materials used in the construction work which are at the centre of the court action and which ultimately affects the safety of pupils who are due to enter the building in the new year. Fiona McLoughlin Healy is a member of the KWETB and its audit committee and is also on the board of the school and has been to the fore in raising concerns across a range of issues since first elected as a Councillor for Fine Gael in the 2014 local elections. Her hard constituency work and high profile led to her selection as a candidate for the party in the 2016 general election but since then her political ambitions have been thwarted, not least by her own Fine Gael colleagues. Raised in Castlerea, County Roscommon, by her parents who were psychiatric nurses, McLoughlin Healy studied nursing herself before qualifying with a degree in politics and law at UCG in 1998. From there, she obtained a Masters degree in Public Relations, Communications and Advertising in Ulster University which assisted her when she went into marketing. She first worked in the charity sector with Cerebral Palsy Ireland, employed to manage its successful rebrand as Enable Ireland. A stint in the US introduced her to the world of private property sales and as the boom looked set to go on forever she set up a website, Privateseller.ie, which cut out the auctioneering middlemen and earned her steady commissions and a media profile. Her web-site was hacked days after she was elected as a Councillor. She made regular appearances on the TV3 breakfast show, Ireland AM, and in the Star newspaper, and was a committee member of the chamber of commerce in Newbridge. Her standing as a successful local businesswoman brought her to the attention of the local FG branch which identified her as a potential political flag-waver for the party and approached her with a view to a future, in first local, and then national politics. Married to Bernard Healy, a GP in Newbridge, with a young family, McLoughlin Healy fitted the new politics promoted by the up-and-coming Fine Gael generation led by leadership hopefuls, Leo Varadkar and Simon Coveney, and the growing number of women in the party seeking Dáil seats as gender-balancing rules were introduced. After topping the poll for Fine Gael in the Newbridge area in the local elections with 1415 votes, just ten short of a quota on the first count, McLoughlin Healy looked certain to make waves in the next general election and was identified as a good prospect by party stalwarts, including Frank Flannery and Tom Curran. They saw two seats as a distinct possibility in the south Kildare constituency. While she was streetwise enough to insist that she would not be “a pawn in someone else’s political game”, she entered the fray with enthusiasm with an eye on a Dáil seat, sometime soon. However, her optimism was not shared by sitting TD, Martin Heydon, who is based in Athy, and who was not about to concede any ground to the new arrival, clearly a potential vote getter in the more populous suburban, northern, end of the county. Before that particular problem surfaced, McLoughlin Healy first found herself at loggerheads with the long-established male hierarchy on Kildare County Council, led by long-sitting FG Councillor, Brendan Weld. Not long after her election to the Council in 2014, controversy erupted over the botched move by then leader, Enda Kenny, to appoint Donegal-based party hack, John McNulty, to the board of the Irish Museum of Modern Art (IMMA). The appointment was made just days before McNulty was nominated to the Seanad. The IMMA appointment was clearly intended by Kenny to ensure McNulty’s election to the upper house but instead the Donegal man was forced to withdraw from the contest. McLoughlin Healy was censured by the party for her vocal criticism on local radio of this blatant act of cronyism by her leader and her call on Heydon, as sitting TD, to vote against McNulty’s appointment. Whatever about taking on the FG big brass, it was nothing to the opposition she met from a number of her eight male party colleagues on Kildare County Council. Her first bruising encounter, however, was with the then Mayor of Kildare, Fianna Fáil Councillor Fiona O’Loughlin, with whom she clashed over the way funds were allocated by the Decades of Commemoration Committee of the Council. As reported extensively in Village, McLoughlin Healy raised the not insignificant award of a €600 grant to a company of which the Mayor’s brother was a Director, for the Buskers and Bluebells festival he was running in memory of their late father. While the Council ethics committee and subsequently

    Loading

    Read more

  • Posted in:

    Resignation as probes proceed into €116m education body

    The resignation of the chairman and vice-chairman of the Kildare and Wicklow Education and Training Board (KWETB) in early December is the latest dramatic development in a controversy that has already been marked by the early retirement of its chief executive, Seamus Ashe. Chairman and Wicklow councillor Jim Ruttle and vice-chairman, Kildare Fine Gael councillor, Brendan Weld announced their resignations in early December after a number of different inquiries were launched into various matters relating to the KWETB, which has an annual budget of €116m. Controversy erupted following a report by the Comptroller and Auditor General (C&AG) which queried the KWETB accounts for 2016 and raised issues including the award of tenders, the rent of properties and the use of vehicles controlled by the board. Among the matters raised was the rent of a property in Naas to a company, Postbrook Ltd controlled by Jennifer Ashe, a daughter of the chief executive, as reported previously by Village. The refusal by the C&AG to approve the accounts and other matters he raised prompted the appointment by education minister, Richard Bruton, of an independent consultant, Dr Richard Thorn to investigate various issues at the KWETB. A potentially more serious issue engulfing the Board and its executives was the intervention of the Health and Safety Authority (HSA) in a dispute over the safety of a new school extension, funded by the KWETB, at St Conleth’s Community College, in Newbridge. The National Economic Crime Bureau (aka the Fraud Squad) has also been called in to look at this aspect of the growing controversy. In late November, the architects on the project, MCOH based in Tullamore, County Offaly, issued a notice to construction company, K & J Townmore Construction Ltd., another Tullamore-based operation, to cease work on the almost completed school extension pending provision of certification required to guarantee the quality and safety of the work. In particular, MCOH, the assigned certifier, sought a testing report for precast concrete frame work and for precast hollowcore floors as well as further information required by the HSA. A senior HSA executive, Kevin Brannigan, also wrote to Townmore in recent weeks seeking information which he required in order to satisfy its requirements about the quality of work at the school extension which is due to open for students in the new year. On 5 December, Brannigan complained to Townmore about “a dripfeed of emails/memory stick” which had been sent to him as a “result of me identifying deficiencies” with regard to proposals by the construction company to resolve outstanding certification and other matters. Among the issues in contention is the quality and certification of work completed by a now liquidated company, Concrete Designs Concepts Ltd (CDC) which Townmore had contracted to supply beams and columns. Brannigan wrote that he had “expected for some time a structured proposal with clear identification of the specific number of identified beams/ columns, designed/manufactured by CDC; a defined methodology of what processes you intend to adopt such as scanning and if any destructive/ intrusive testing is intended to be undertaken; and clear identification of the body/persons who will undertake the analysis…”. A further meeting between the companies involved and the HSA took place on Tuesday, 12th December, to try and resolve the outstanding issues. In parallel with the HSA investigation, the High Court heard arguments on affidavit from Townmore which was seeking to force Wexford company, Drumderry Aggregate Ltd, to provide required certification for the hollowcore floors it installed in the school. Drumderry claimed that it could not certify the work as the floors were now connected to beams and columns which it did not manufacture. In a recent affidavit provided to the High Court, Drumderry claimed that the floors it installed are attached and connected to columns which it did not erect. It stated: “The columns are not CE marked as required. The result is that the Defendant (Drumderry) cannot certify that its floors are installed in accordance with the drawings it was given”. Complicating this is a claim by Drumderry owner, Sam Deacon, that CDC Ltd had been created by a former employee of his and had used the headed notepaper of his company without permission, among other misdeeds. If this was not enough of a headache for the KWETB as well as the contractors and others involved in the St Conleth’s project, an appearance before the Public Accounts Committee (PAC) of the Oireachtas revived earlier complaints of mismanagement in the education sector in Kildare stretching back several years. At a PAC hearing on 16 November, Seamus Ashe confirmed that he had previously appeared before the committee in 2012 in his capacity as a senior executive with Kildare VEC. Sinn Fein TD, Mary Lou McDonald, reminded Ashe that his 2012 appearance at the PAC was in connection with “the sorry saga of €180,000 worth of computers and support services bought from a former employee”. She said: “We heard of failings in Kildare VEC’s handling of a €23m school building development, as a consequence of which the Department (of Education) had to bail out the VEC to the tune of €20m. Issues were raised relating to land and property and a school development, with €139,150 paid to an auctioneer in 2008 without a competitive tender…”. Ashe confirmed that a year later, he was appointed as chief executive to the newly established KWETB. Asked whether the previous issues relating to poor governance were raised prior to his appointment, Ashe replied that he had been redeployed within the public service. Asked about the current investigation into the KWETB by independent consultant, Dr Richard Thorn, following the refusal by the C&AG to approve its 2016 accounts, Ashe said that he was “precluded from discussing that matter”. McDonald asked whether his decision to retire at the end of December was “influenced in any way by the fact that the investigation is under way?”. “Not in the slightest… It is for personal reasons”, he replied. Ashe told the hearing that they had been advised not to

    Loading

    Read more