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    Denis gets a great profile in the paper and celebrates more deals.

    In which Denis revels in an upbeat profile in the Business Post and celebrates even more deals both by  himself and his older and slightly cleverer colleague Dermot Dear Dermot, Huzzah on getting that whopping apology from the  Sunday Times for implying you weren’t the man behind the IFSC. Does the pope  shit in the woods? That man O’Dowd! The man who once ran the headline ‘Denis O’Brien, praised by Clinton and NY Times, seeks to make a difference’ is back – on Denis O’Brien. In the Business Post. Fawning again. He might as well be Jim Morrissey. “Ireland produces its fair share of global business leaders but none quite like 56-year-old Denis O’Brien, the wealthiest Irishman around”, he wrote. “His franchise is best described by that new buzz word philanthrocapitalism – giving back in spades to help make his business better and the world better too. In Haiti, where his company Digicel holds the main telecom license, he has built 100 schools. He saw what Bill Gates and others now see before they saw it – that philanthrocapitalism was a far better way to achieve success and make a difference than just building up a bank account’.We are not robber barons’, he says pointedly”. Top-class scraping, Mr Desmond, but there’s more: “The Digicel Haiti Foundation announced last October that it has built its 100th school in Haiti. We have 30-40 people, surveyors and engineers, our own team that is actually doing the school building”. All true. All true. Dowd also helpful in inoculating against that whole O’Royally thing.  He quotes me again: “I can relate to difficulties. Everyone has this false impression that everything in business is a staircase you know, always going up. It is never like that. My first business for instance was a big failure, so it is part of every business life. I would sincerely hope everything will be sorted and okay for him [O’Royalty]. He is a hugely talented person who has man impact for Ireland globally and did an incredible amount of work here in the U.S. to do with the Ireland Funds. I only met Tony O’Reilly twice in my life [But I can tell you, Dermot, there were a few years where I only stopped thinking about him twice]. One time, he was very kind to me when I was graduating from Boston College. He kindly met me because I was looking to see what I should do  and it was very helpful. Then the second time I met him was when there was a peace pipe when he was ready to step down as CEO of Independent Newspapers and to be honest with you there was no rancour on his side, zero rancour at all”. Rancour of course didn’t really do it. Think Denis dangling old stallion’s severed testicles in front of its nose. Anyway O’Dowd went on to the business side of the thing. Not that that mattered to me of course. Was simple: Badly run with  no internet strategy. Gobshites! Here’s what he quoted: “I thought it would be a good hedge to the telecoms. As it turned out it wasn’t because the media and newspaper sector worldwide collapsed, but that’s business. At the end of the day there has to be pollination between online radio and TV and newspapers. I was up with a business in Canada last week, Rogers, and they have a massive network across all platforms, and whatever business they have is cross promoted across everything else. When I told one of their main guys about the restrictions in Ireland the guy fell off the chair laughing. He said, ‘You gotta be kidding me, that is stone age stuff’”. Good to get that  in.  Smart. Stoic. Entrepreneurial. Enjoyed the Clinton Global Initiative in New York in September. Gerry Adams and Mary Robinson joined Hillary, Bill, Chelsea and me; but no sign of you again.  Or O’Reilly of course. Flogged majority stake in Aergo Capital to Global investment firm CarVal for undisclosed sum. Aergo’s pre-tax profits rose to $2.28 million (€1.7 million) in 2013. Brought Johnny Sexton back to Leinster on a four-year international contract.  He’ll be an ambassador for Topaz at €150,000-€200,000 per year. Interesting to see how he gets on with Cowen. Of course this prompts the SIPTU-heads in the  IT to ask “is there no end to Denis O’Brien’s intervention in Irish sport?”. “Something doesn’t feel right about billionaire chipping in to bring Johnny Sexton home”, on and on they moaned. Tax exile and all that shite. Gobshites. Commentary I don’t read. And I am not alone. I was talking to my friends and they don’t bother reading commentary anymore. They are sick of the extremist criticism. They and I just don’t read it. At all.  Ever. Morrissey does little else though. Thundrous letter slagging off the Times: “Clearly Malachy Clerkin doesn’t want Denis O’Brien to support Irish soccer or Irish rugby. Maybe Malachy is a sports journalist who simply does not like sports. Yours, etc”. Love sport.  Soccer. John Delaney: class act. John O’ Shea’s last-minute equaliser. The craic is just great. The people you meet. Keano’s beard. The slagging is lightning. The same kind of fun as rugby but different.  Wouldn’t play with Mick Wallace though. Miserable gobshite asking privileged questions in the Dáil: “there would be some unease about the fact that Denis O’Brien’s close political links may have been instrumental in his bid to buy Siteserv, the company that won the State contract to install water meters for Irish Water”. Howlin went for him though:  “Bluntly, considering the deputy’s position, I am surprised at some of the assertions he has made”. Free Pass for me. Enough of me. I see your €200 million joint venture Broadhaven Credit Partners is in discussions with property developers about building hundreds of new homes in the greater Dublin area. Will never  forget your masterly 2006 sale of your 22 per cent property play in Greencore, at a profit to poor Liam

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    Vegan up, George

    Monb[id]iot Give it up, hero George, and learn how to cook. By Frank Armstrong     In an article published in the last edition of Village George Monbiot exhibits a surprising naiveté towards veganism for a writer who is generally authoritative, and clearly a big Village favourite. He recalls how he had “tried it for 18 months and almost faded away”; although he concedes that he “may have managed the diet badly”. The first point to make here about veganism is that it is not purely a ‘diet’. A vegan can consume tray loads of junk food or arguably the healthiest diet available: a whole-food, plant-based regimen. It is a social movement grounded in a philosophical position that rejects the use of other animals by human animals and promotes equality of consideration for all sentient beings. Its origins are recent: in 1944 Donal Watson broke from mainstream vegetarianism to found the Vegan Society, and there is no Das Kapital for adherents to follow. Unlike most other political ideologies it does not merely seek to regulate inter-human relationships but extends into complex human relationships with the natural world including how we produce food and other materials. Reflective vegans such as Roger Yates of the Irish-based Vegan Information Project acknowledge that not every position has been worked through. Indeed the utilitarian philosophical pronouncements of one of its leading voices Peter Singer are regarded with horror by many in the movement. The commoditisation of animals into chattel is anathema to veganism, but there are many involved who regard the complete overthrow of capitalism as a necessary prerequisite for its flourishing. Ironically, it is in Silicon Valley, a hotbed of capitalism, that many of the alternatives to meat, dairy and eggs are being developed. George Monbiot previously seems to have allowed his own failure to nourish himself adequately to sway his views on the issues involved. Of course if humans were obligate carnivores like cats it would be hard to make arguments in favour of veganism. But Monbiot and the rest of us evolved from herbivorous primates, and those on well-planned vegan diets positively thrive: a host of epidemiological studies, most famously the China Study, have shown higher life expectancy and lower morbidity for those on plant-based diets. The position of the American Dietetic Association is that: “appropriately planned vegetarian diets, including total vegetarian or vegan diets, are healthful, nutritionally adequate, and may provide health benefits in the prevention and treatment of certain diseases. Well-planned vegetarian diets are appropriate for individuals during all stages of the life cycle, including pregnancy, lactation, infancy, childhood, and adolescence, and for athletes”. Of course there are economic and environmental imperatives for veganism. In ‘Animal Liberation’, Peter Singer claims: “[T]hose who claim to care about the well-being of human beings and the preservation of our environment should become vegetarians for that reason alone. They would thereby increase the amount of grain available to feed people elsewhere, reduce pollution, save water and energy, and cease contributing to the clearing of forests”. The livestock sector accounts for 18 percent of greenhouse gas emissions measured in CO2 equivalent. The livestock and fishing sectors don’t pay their external costs – especially environmental and health costs – and are usually heavily subsidised. But in the end Monbiot accepted the arguments of Simon Fairlie articulated in his book with the curious title ‘Meat: A Benign Extravagance’ (2010). Fairlie accepts that the current dominant method of producing meat, by feeding cattle grain and soya, is unsustainable but argues for giving food waste to pigs (some of which was banned after BSE and Foot and Mouth). In Fairlie’s schema pig meat should become more widely available since pigs ‘convert’ feed very economically into flesh. Ruminant animals meanwhile should be restricted to feeding on grass, straw and surplus grains. His prescriptions amount to a reversion to pre-industrial agriculture with far lower consumption of meat than at present. But even Fairlie’s approach is wholly inadequate and inappropriate for a global population that has risen from 1 billion in 1800 to over 7 billion – over half of whom now live in cities – today (with this set to rise to 70% by 2050). Raising animals for small-scale slaughter in cities would present a significant disease risk. To produce meat for the masses there must be industrial scale. So Fairlie’s ideas are dependent on mass re-ruralisation. It is important to concede that there is a threshold up to which meat production is sustainable. Vaclav Smil has calculated that by abandoning the feeding of grain to animals the world could comfortably accommodate an output of 190 million tonnes of meat – two-thirds of current supply – if crop residues could be turned into animal feed, and pasture were used more efficiently. In Smil’s view universal vegetarianism is not necessary or desirable even though animals are just better at digesting some things than humans, notably grass and food waste. On Smil’s model everyone in the world could eat meat, if they wanted to, so long as individual consumption was kept at around 15-30 kg a year: roughly what the average Japanese person eats. But average meat consumption in Ireland is 87.9 kg a year[1]; to get to Smil’s sustainable levels would involve cutting down by at least two thirds the amount of meat currently consumed there (15 kg a year works out at just 41 grammes a day). Meat-eating is addictive. This is observed in the Middle East where meat from locally raised animals, especially mutton from sheep, is highly prized, but according to Tony Allen (1994) “the pressure generated by this demand is greater than any market or other sanctions which might control it”. This process is observed around the globe. It is in part due to meat conferring high social status but also, it seems, because when we consume it habitually we alter the bacterial composition of our guts. According to a paper by Norris, Molina and Gerwirz, (2013) the human gut is: “a highly innervated organ possessing its

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    Eden not Apocalypse: a golden future for investigative journalism.

    By Gerard Ryle. I was at a global conference in Rio late last year listening to Glenn Greenwald declare journalism in a “golden age”. Greenwald is the reporter credited with breaking the Edward Snowden story. He said the profession’s largest institutions are experiencing tough times because of the changing way people consume news. This was not something to be sad about – rather we should be happy about it. “The media institutions are failing and it’s a great thing to celebrate”, he said. Journalism isn’t dying. It’s thriving and just going to other places.” At the same conference, the day before, David Leigh also declared that journalism was in a new “golden age”. Leigh is the recently retired investigations editor of The Guardian newspaper, the paper that first carried the Snowden stories. Leigh’s argument was this. It is a golden age because investigative journalists are coming together in new forms of collaborations using fresh technology. And this dynamic is producing unprecedented levels of transparency and impact. “We are in the age of collaboration”, Leigh said. The Guardian has been involved in three of the biggest such investigative projects in the last three years. Leigh cited the Wikileaks collaboration that released hundreds of thousands of secret US diplomatic cables; the most recent Snowden disclosures of secret data collection by the US National Security Agency; and a story that I was involved with that broke worldwide in April 2013 that has since become known as Offshore Leaks. Once upon a time in Australia a man came along who claimed to have invented a magic pill. You put this pill in your motor vehicle and suddenly your fuel lasted 20 per cent longer. What’s more, the pill managed to eliminate all of the toxic emissions. The Australian Trade Commission wanted to believe so badly it had an entire section of its website devoted to the success of this company. The company got nearly €300,000 in taxpayer grants for sales that had never been made.It had no factories; it had no trucks – in fact, it had no actual product for sale at all. But it had penetrated deeply into Australia’s elite. Many of them secretly held shares in the company and they too thought they were going to be rich. So when I exposed all this as a fraud I spent my time defending the lawsuits, attacks in the Australian senate and I went through the despair and doubt that all investigative reporters are put through when powerful people don’t want something made public. This firm had been sending the money it was getting from selling shares to the British Virgin Islands and to other tax havens and then bringing the money back to Australia, as if it were sales of the magic pill. As long as new investors could be found, and the price of the shares continued to rise, the game went on. It continued for nearly 18 months even after I exposed it as a fraud, until finally the company stopped paying the lawyers who were suing me. By then I realised that I was staring at something much bigger – a secret universe that allowed this kind of thing to happen. And my pill company was only a small part of it. After I wrote the book about the magic pill, a mysterious package arrived in the mail. It was a computer hard-drive – the kind you can buy in any store. But this one was packed with a hoard of documents – the biggest stockpile of inside information about the offshore tax haven system ever obtained by a journalist. We are talking 2.5 million secret records. The total size of the files, if you were to measure it in gigabytes, was more than 160 times larger than the U.S. State Department documents given to Wikileaks. There were 120,000 clients from all over the world, from nearly 170 different countries. There were Americans … Russians … Irish. But this presented me with a dilemma: I had spent most of my career as an investigative reporter. We fiercely protect our secrets, at times even from our editors because we know that the minute they hear what we are working on they want it right away. To be frank, when we find a good story we also like to keep the glory for ourselves – but it’s funny how life sometimes throws up opportunities in batches. A few months after I got the hard drive in the mail, I got an email from my old professor at the University of Michigan. He was on a board that ran an outfit called the International Consortium of Investigative Journalists. This is a non-profit organisation headquartered in Washington DC that oversees some of the best investigative journalists in the world.It brings them together to work on cross border projects. He told me they were looking for somebody new to run the network – how did I fancy living in Washington for a few years? And the data I had was a total mess and extremely hard to read. It contained nearly 30 years of records taken from people who set up offshore accounts for clients. Going, sometimes four deep, into each of these folders I found emails, random PDFs with passport and home addresses, and spreadsheets with the names of thousands of clients. I began doing what many other reporters would do after me. I began looking for big names. But the story I was looking at was not about big names. The real value of what I had was an unprecedented look into a secret world. The same secret world I had a glimpse of when I was researching the magic pill. This is a world whose very product is secrecy. That’s what it sells. And this anonymity allows some individuals and corporations to gain tax advantages not available to average people. It allows frauds like the magic pill company. It can also pit economies and entire nations against one another. You just have to

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    Equality of outcome: an ethical imperative

    Village has always tended to support a vision of equality of outcome in society. Unfortunately, the most widely supported form of equality is equality of opportunity. Since it has more of the qualities of “freedom” than of “equality” even Margaret Thatcher revered it, for example. Unfortunately, too many human rights these days are being pursued on the back of equality of opportunity rather than equality of outcome. One of the regrettable symptoms of this is that the victims of topical forms of discrimination seem to have little empathy for, or solidarity with, victims of other types of discrimination. It is good to see a refocus of the equality debate on issues where outcomes can easily be measured – on income, and wealth. Issues of equality of opportunity cannot so easily be measured since opportunity can be intangible. A lot of the re-orientation is down to Thomas Piketty and his recent book ‘Capital in the Twenty-First Century’ which draws on extraordinarily wide-ranging objective data and which is admirable too for drawing attention to the influence of policy on inequality as manifest in perverse income and wealth distribution. Almost everyone in economics and (therefore) mainstream politics had for years agreed that higher taxes on the rich and re-distribution to the poor have hurt economic growth. As Paul Krugman has noted “liberals had generally viewed this as a trade-off worth making, arguing that it’s worth accepting some price in the form of lower GDP to help fellow citizens in need. Conservatives, on the other hand, have advocated trickle-down economics, insisting that the best policy is to cut taxes on the rich, slash aid to the poor and count on a rising tide to raise all boats”. But, because of the Great Recession and Piketty, fashion has moved phenomenallyswiftly to a different view, that there isn’t actually any trade-off between equity and inefficiency, that inequality has become so extreme that it’s inflicting economic damage so that redistribution – taxing the rich and helping the poor – may well raise, not lower growth rates. The latest manifestation of this surprisingly comes from economists at Standard & Poor’s with their beguilingly titled ‘How Increasing Inequality is Dampening U.S. Economic Growth, and Possible Ways to Change the Tide’. The fact that a reviled Ratings Agency is addressing economic inequality suggests that a debate that has been largely confined to the academic world and left-of-centre political circles could become practical. Piketty analyses historical data to show that at the end of World War II the top 1% in Ireland, the UK and the US, for example, collected about 15% of all national income. The share collected by the wealthiest people dropped in the subsequent decades and then rebounded from the mid-1970s. At the start of the new millennium the concentration of income at the top was back at around pre-war levels, though it dipped in the Great Recession. In the US incomes of those in the top 1% have now recovered and surpassed pre-crisis levels, though in Ireland the Gini Coefficient seems to suggest that efforts over the last few years to redistribute wealth, through taxation and welfare, have been successful, though absolute levels of deprivation for the poorest are at crisis levels and shockingly, in Budget 2014 for example, the lowest income group lost proportionately more income than any other group. On the back of the data, in ways that are redolent of Karl Marx’ views on Capital, Piketty makes the case that it is inevitable that the returns to capital will be higher than those to labour, and that since the richest already have more capital, they will inevitably simply continue to get richer (at least unless a global tax on capital is imposed). Piketty, a mild man, considers this a problem for economics, but eschews the ethical issues it poses. He therefore posits a theory that is fragile: in the event equality were once again deemed bad for the economy, presumably it might be justifiable to jettison equality. As an economist, Professor Piketty’s focus is too narrow. Village believes equality of outcome is an ethical not an economic imperative. We are all equal from birth, and equal moral agents. If we designed a social contract with these essentials as the starting point, with a veil of ignorance as to our actual circumstances and prospects (or a radical open-mindedness as to how nourishing society could be), we would see that equality of outcome is the optimal politics. Society’s goal is to recognise that, distributing resources to reinforce that underlying equality – by promoting equal outcomes. Unfortunately the debate about equality – and its different forms – remains very crude, partly because those who benefit from inequality want to keep their privileges. We need to promote structures that address overall levels of inequality but which also focus on pre-existing difficulties for the very least well off. And we need to ground the structures in ethics, rather than economics. •

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    Dodgy Donegal’s ex-Manager sues Village Editor.

      By Michael Smith. Michael McLoone, former County Manager in Donegal is suing me. He wants damages, punitive damages, aggravated damages and an order prohibiting the further publication of unspecified statements the subject of the proceedings. We’re not worried. The proceedings relate to material the substance of which is privileged because it refers to affidavits opened in court, and the proceedings and earlier correspondence so far have failed to suggest specific inaccuracies in the allegations made about Donegal planning in Village. The proceedings concern the substance of evidence given in the High Court by Gerard Convie, who strangely this time remains unburdened by such proceedings though he has received them in the past, from Mr McLoone. Mr Convie  worked in Donegal County Council as a senior planner for 24 years and has  claimed, in an affidavit opened in court, that during his tenure in the Council there was bullying and intimidation of planners who sought to make decisions based exclusively on the planning merits of particular applications. In the affidavit,  Convie also refers to irregularities perpetrated by named officials at the highest level in the Council including former Manager McLoone, as well as named County Councillors. Convie had a list of more than 20 “suspect cases” in the County but his complaints to various Ministers for the Environment and to the Standards in Public Office Commission for years got nowhere. Local media have been reticent about covering the matter. A recent interview of Convie on Highland Radio was recorded but, with no explanation, never broadcast. After the Greens got into government, Environment  Minister, John Gormley (now contributing editor to Village), announced “planning reviews” in 2010, not of corruption  but of bad practice – in seven local authorities including Donegal. Convie’s case studies comprised all the material for the review in Donegal. But when the new Fine Gael/Labour government took over it very quickly dropped the independent      inquiries. A lazy 2012 internal review stated: “The department’s rigorous analysis finds that the allegations do not relate to systemic corruption in the planning system”. As regards Donegal, the  Department, extraordinarily and scandalously, decided – according to Minister Jan O’Sullivan in the Dáil, that: “… the complainant [Convie] has failed at any stage to produce evidence of wrong-doing in Donegal Council’s planning department”. Convie felt this left him in an invidious position  and, in the absence of any defence of him from any source, he successfully sued. In the resulting High Court Order all the conclusions by the Minister were withdrawn, including reports on the matters prepared for the Minister by Donegal County Council, leaving the Council in the compromising position that it – in correspondence with Village – now appears to be defending reports that its mother department did not consider defensible. The government was – of course – forced to reinstate the planning enquiries but it is a scandal that the Department of the Environment ever said Convie had failed to produce evidence of wrongdoing. Though at considerable public expense this view was eventually repudiated, how it arose must be investigated – and officials and Ministers O’Sullivan and her boss, the now Eurobound Phil Hogan, held to account. The syndrome of blind antagonism to whistleblowers is directly analogous to the view the Department of Justice took on the respective credibilities of the Garda and its whistleblowers in the recent imbroglio that led to the demise of that Department’s Minister. As to the reviews, in February the Department of the Environment told Village: “In relation to the position of Donegal Co Co the Department has also sought the advice of the Attorney General before deciding on a course of action.”. On 8 August the Department stated that “we have just received further advice on the Donegal planning review from the AG’s Office in the last week which is currently being considered”. In June Village was told “In relation to the independent report into the other six planning authorities it is expected that this will be concluded soon”. Indeed Frank Connolly reports elsewhere in this edition that there is a chance the review may be extended to Wicklow. Now the Attorney General has reported, the Department must stop prevaricating and announce a proper review by a barrister into impropriety in Donegal planning under the 2000 Planning and Development Act (s255). Ideally the Garda would investigate planning and corruption issues but their record over the Planning Tribunal and in Donegal more generally hardly inspires confidence. The deficit must be addressed by a change of culture, and training and financing. Crucially, in the event it is serious about dealing with planning  corruption for the future, the government must introduce the planning regulator it has in principle agreed to. Minister Jan O’Sullivan, when an environment minister, described instigation of the regulator as a “milestone”, and promised legislation for it by this summer. The regulator was probably the most important recommendation of the Mahon Tribunal report. But it is important the regulator should regulate. The Tribunal recommended that it should have wide powers to investigate “systemic problems in the planning system, including possible corruption” and that it “should also keep the planning system under review … to ensure that corruption risks are identified and corrected as they arise and that the planning and development system is functioning optimally”. The regulator must be instigated urgently and must have investigative and regulatory powers. Unfortunately the Labour Party has been touting a vision of a regulator whose decisions are subject to a veto by the Minister: not so much a Regulator as an advisor. The whole history of Irish planning, well understood by the Labour Party, suggests this would be a recipe for farce. The new Minister, Alan Kelly, has an opportunity to reclaim ground for his Party in a sphere a where its record is good. Meanwhile at the other end of the political spectrum it is a former Attorney General, (and indeed Minister for Justice) Michael McDowell, who is named in the defamation summons as senior counsel for

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    Aarhus: State drags feet on legal costs in environmental cases.

      By Kieran Fitzpatrick. The Aarhus Convention aims to protect the environment and proclaims the public to be the best guardian of the environment. There are three strands to the convention: 1) Access to information; 2)Public participation; and 3) Access to justice to review environment-related decisions or to enforce environmental law. Ireland was the last member of the EU to ratify Aarhus and became eligible for ‘Communications’ subsequent to October 2013. This delay comes from the apparent reluctance of the Irish government to deal with the issue of prohibitive legal costs. The EU Commission prosecuted Ireland in 2007 for failing to comply with an Aarhus-related EU directive. The European Court of Justice (ECJ) ruled in 2009 that Ireland had failed to ensure that legal costs (relating to environmental legal actions) were not prohibitively expensive. Special Costs Regime – Catch 22 Ireland responded by passing legislation in 2010, the effect of which was to alter the legal-costs rules from the prevailing English Rule (losing litigant pays winner’s costs) to the American Rule (each side pays their own costs) for legal actions that relate to an EU directive implementing certain Aarhus compliance measures. Ostensibly, the special costs regime (SCR) means that a party could at least represent herself, without being threatened with a huge adverse legal costs bill, if she failed in her legal action. However, there is a Catch 22 in the SCR. To determine that a civil action falls under the ambit of the SCR, the applicant must risk an adverse legal costs award in making the application for such a declaration. This trap became stark in one case – an application by Dymphna Maher to the High Court in 2012. Judge Hedigan in refusing the application effectively said that the Catch 22 arguably “acts in such a way as to nullify the State’s efforts to comply with its obligation to ensure that costs in certain planning matters are not prohibitive”. The SCR can be scuppered if (i) the claim is frivolous or vexatious, (ii) the applicant conducts her litigation in a manner disapproved of by the court, or (iii) the applicant acts in contempt of court. The second of these conditions introduces a huge level of fear due to the lack of clarity as to how this sanction might be implemented. The third item, “contempt of court”, also introduces uncertainty, as became evident in the European Court of Human Rights (ECHR) case of The Sunday Times v UK [1979] (the Thalidomide case). The UK introduced “contempt of court” legislation in 1981 giving clarity to the various offences encompassed, but Ireland did no such thing. So Ireland’s attempt to comply with the 2009 ECJ decision against it, was to introduce a SCR with a Catch 22, plus other unpredictable adverse outcomes, any of which could leave an applicant with a life-ruinous legal bill. This hardly meets the ECJ’s demand that litigants be assured that costs are not prohibitive “with all the requisite clarity and precision”. In any event, the American Rule should not be seen as a complete solution to the problem of prohibitive legal costs for the following reasons: 1.    An applicant may not always have the wherewithal to initiate legal proceedings as a lay litigant. 2.    Many environment-related legal actions inevitably fall under the ambit of EU law, which can result in a reference to the ECJ. The rules of procedure of the ECJ require that any applicant must be represented by a lawyer before the ECJ. In these circumstances, an applicant must give consideration to the employment of a lawyer. Own Lawyer’s fees A litigant who hires a lawyer to represent her can be in a tricky position when she comes to deal with the legal bill issued by her lawyer, at the end of proceedings. If she receives a surprisingly high legal bill, she is left with two choices: (a)    Complain to the Law Society. The outcome of this process is generally not published; so it fails to comply with the demands of Aarhus that “Each Party shall …. establish a clear, transparent and consistent framework to implement the provisions of this Convention.”   or (b)    Avail of the Taxation process (or legal costs adjudication) for solicitor/own-client costs. However, this also lacks transparency and operates rules that are unfair to complainants: (i)    Unless the complainant can show that she has been overcharged by at least one sixth, she must pay the ‘costs of the hearing’. (ii)    The complainant must pay an 8% stamp duty, if she fails to prove she has been overcharged by one sixth. (iii)    There is no published database of outcomes so that a complainant is blinded as to what is a fair fee of her lawyer, and is left more vulnerable to being ensnared by the one-sixth rule. These rules illustrate the failure of government to bring in “a transparent framework” to constrain legal costs; arguably the most important demand of Aarhus. These pro-lawyer rules also violate “equality before the law” requirements as well as other human rights. Equality under law is broken on two grounds: first, a client is treated differently to a solicitor in the matter of a contractual dispute. Second, solicitors are treated differently to other professionals, such as doctors or dentists in their contractual right to be paid professional fees. Dentists, for example, don’t enjoy the deterrent effect of a “one sixth rule” plus an 8% stamp duty on their fees. Dentists cannot overcharge with any degree of impunity. The US Supreme court ruled that imposing different legal rules on one party to litigation as opposed to another party, particularly on arbitrary grounds, violates the equal-protection clause of the US Constitution (GULF v ELLIS [1897]). The “one-sixth” rule allows solicitors to overcharge clients  by about 17% with impunity (as costs of a hearing will likely be about 9% of adjudicated costs, plus 8% stamp duty), without any effective remedy – violating Article 13 ECHR in addition to Protocol 1 of the ECHR (relating to property rights). The above

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    Installing politics through art.

    By Rod Stoneman. Ethics seem very distant for most discussion of Irish art which has been depoliticised, like much contemporary art internationally. In returning any kind of ethical debate to the domain of the visual arts we can usefully examine multi-screen films – film and audio-visual installations which have extended and replenished notions  of fine art. Tracing its origins to expanded cinema and video art in the 1970s, moving-image installation is now ubiquitous in public museums and private galleries. This is at a time when experimental art has all but disappeared from public-service television. For example Channel 4 in the 1980s and 1990s showcased a range of visually-based work in series like ‘Dazzling Image’, ‘Midnight Underground’, ‘Ghost in the Machine’. In the two decades since, as television channels have proliferated, choice has actually narrowed. Moving-image installations are visible in diverse art environments from gallery spaces to site-specific work in urban or industrial pop-ups. Multi-screen configurations are not easily arranged in cinemas or viably watched on television sets, let alone computers. The small portable digital screens may issue a blizzard of information and imagery every day, but their size and scale is not a viable format for most multi-screen films. The combination of images cuts across linear montage and introduces a synchronised horizontal dynamic that changes the linear and vertical succession of a standard film or video screen. At its best the configuration of simultaneous imagery on multiple screens offers an opportunity to glimpse a dimension of the world anew. The wider interaction of sounds and images in some recent examples has unexpected resonance as a naïve invocation of politics. Pretty in Pink Richard Mosse’s multi-screen work ‘The Enclave’ was Ireland’s entry to the Venice Biennale in 2013 and won the £30,000 Deutsche Borse photography prize in May this year. It uses discarded infrared film to re-colour the Democratic Republic of the Cong, particularly its relentless civil war. The way the scenes are coloured on several screens metaphorically colours the country, its villages, landscapes and inhabitants in a way which startles, but also exoticises, aesthetises and perhaps even anaesthetises,  our sense of the distant world it depicts. It is a detached representation of disturbing content without context. It conjures the pitiless Congolese human conflict but without depth of political or historical analysis, or understanding. Consonant with most mainstream media coverage this installation offers a visually spectacular rendition of ‘ the dark continent’ – in which ‘Africans are killing one another again’. The absence of articulation is marked, there is no space for direct speech, explanation or understanding from those who inhabit that reality. Mosse’s piece unintentionally evokes questions about the basis of involvement and degree of participation by protagonists in the way they are represented. This is in contrast to a recent short film by Dearbhla Glynn, ‘The Value of Women in The Congo’, that inhabits a different place outside the art world: it is used for advocacy and shown in the context of human rights and the operations of NGOs. It is an uncompromising, clear-headed and disturbing examination of the effects of the sexual violence perpetrated with impunity against women and girls in war-torn Eastern Congo. The film explores the experience of the victims as well as of the perpetrators who have inflicted  their pervasive, cruel and appalling crimes – footsoldiers, warlords and high-ranking commandants alike. Like Joshua Oppenheimer’s ‘The Act of Killing’ (which recreates the atrocities of CIA-supported 1960s death-squads in Indonesia) and Eyal Silvan’s ‘The Specialist’ (which uses footage of the Eichmann trial in Jerusalem) the banality of evil is exposed but, unlike those documentary films, it is drawn from the present day. Walsh’s short film assembles an arresting and brutal version of how war ravages the land and its people, leaving few victors – least of all women, whose value is often annihilated. Through interviews that talk of their experiences, the film puts together the beginning of an account of the continuing calamity with and through those involved. Richard Mosse’s work brings a forgotten and distant carnage into white-walled galleries in a continent which can be said to already be at risk of ‘compassion fatigue’. Understanding its context and effects is not a question of the artist’s intentions, but rather of the implicit way that the work is received and interpreted by the particular audiences that encounter it in the gallery. ‘The Value of Women in the Congo’ films the same civil war but studiously within the documentary genre. The meaning and effects generated for those that come across the installation are inevitably influenced by its art context. There was a debate several decades ago which connected some of these same issues with a set of paintings, parachuting politics into the gallery. Gerhard Richter’s 1988 15 painting series, collectively entitled ‘October 18, 1977’, depicted four members of the Red Army Faction in black-and-white newspaper and police photos. Contrasting readings of the paintings and attitudes towards the RAF from the hagiographic to the condemnatory fought it out in the art space. Richter refused to be drawn towards resolving the contrary interpretations. The implications of these strategies are clear: while Richter and Mosse both introduce overtly political issues into an art context there is no discourse, visual or verbal, to contest the assumptions perpetuated by the dominant media that surround these images outside the white walls of a gallery. The doxa of common sense has already established that an urban guerrilla group is run by psychopathic terrorists and that in darkest Africa gruesome carnage comes as no surprise. There is a lack of argumentation that could intercept unconscious assumptions and engage the images productively. Such contention would set specific defined meanings in motion to bring contradiction to the fore. A distant antecedent in literature would be Joseph Conrad’s classic ‘Heart of Darkness’ (written in 1898 and based on Conrad’s own journey to the Congo in 1890). It is an extraordinary and resonant short novel, and was redeployed in 1979 as the underlying narrative of Francis Ford Coppola’s Vietnam

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    Nothing left to lose?

    have absolutely nothing left to lose. Being told to vote responsibly is likely to goad them into a further radical response. They have had their fill of being patronised. Socialist Party leader, Joe Higgins, knows better than anyone the galvanising effect of the water-charges issue. The water-charges campaign not only helped to get him elected in 1997, but also forced the Labour Party into a climbdown on the issue in 1996. The same pattern is about to re-emerge. The election of Murphy will force the Shinners into adopting a much more hard-line approach, if they are not to be outflanked on the left. This in turn will exert enormous pressure on Labour Party rank and file, who will let their individual TDs know that they can’t take any more. It would be interesting to know how many of those who marched on 10th October voted for Labour the last time. The rebate concessions on the water charges made in the budget are unlikely to satisfy people who now feel that they have the Government on the run. This demonstration was not a one-off. The next one in November could be bigger, increasing the pressure on beleaguered backbenchers. Those protestors who have talked to Joe Duffy on ‘Liveline’ have spoken about their sense of ‘empowerment’, ‘solidarity’ and even ‘elation’, feelings that they haven’t felt for quite some time, least of all in their contemplations on the Labour Party. Now that they can sense victory, they won’t give up easily. They know that the water charge is not primarily about water conservation but about increasing the profits of Irish Water, a company that will be privatised in the future. If Labour really want to win back some credibility on this issue, they ought to give consideration to the proposal made by the Greens. Éamon Ryan has suggested inserting a clause in our Constitution to prevent our water resources falling into private hands. Joan Burton, if she has any survival instincts left, should ask Máire Whelan, the Attorney General to start drafting a suitable amendment immediately. The referendum could be held on the same day as the Marriage equality vote. It could be a double victory for the Labour Party. Just a thought, spared for the Labour Party. As it a mere co-incidence that the election of Paul Murphy took place at the same time as the biggest ever anti-water charge demonstration; or was it just a case of Jungian synchronicity? Jung’s theory on the ‘collective unconscious’ can sometimes be a better guide to understanding history than a description of events. How does the historian analyse a mood at a particular time? It’s still difficult, for example, to understand what was happening in the German psyche in 1933/34 when democracy was abandoned. Now, I’m not for a moment comparing the anti-water charge protests with the end of the Weimar Republic and subsequent events. But on Saturday the 10th of October, something very significant happened, a mood change that is hard to define. It was as if the vacuum – the gap between the rhetoric of economic recovery and harsh reality of people’s lives – was filled by an air of outright defiance. And it was those most in touch with this feeling who triumphed in the by-elections. The more nuanced anti-water charge message of Sinn Féin was swept aside by the visceral soundbites of the Anti- Austerity Alliance/socialist Party: ‘Axe the tax’ and ‘can’t pay, won’t pay.’ No complex neurotransmission required there, but that’s the essence of good communication, and the newly elected Paul Murphy is, if nothing else, an excellent communicator. As one of the most effective MEPs, Murphy was very unlucky to lose his seat in the european elections. The publicity he garnered on that campaign stood him in good stead for the by-election in Dublin south West. He now joins his comrades, higgins and Coppinger to form a solid trio of political predators who will mercilessly hunt down any Labour Party stragglers. Just watch as the Labour Party herd is thrown into confusion. It’s unlikely that Joan Burton, who is now seen as the bête noire by protestors after her insulting gaffe about smartphones, can provide them with any extra protection. Those within Labour who believe that her personal popularity can help save seats are badly mistaken. It may not even be enough to save her own seat. Certainly, there was no sign of the ‘Burton bounce’ in Dublin south West with the party vote declining from 36 per cent to a mere 8 per cent. It does not augur well for the General election in 12 months time (my prediction). Murphy will be re-elected and Labour lose both seats here. Again, the political cognoscenti will tell you that these by-election results are nothing but an aberration and that people, when push comes to shove, will revert to sensible voting patterns. But why would they do that? Right now with the mood veering from indifference and desperation to anger and defiance, the disenfranchised feel they The Labour Party needs to address national defiance with radical action on water charges defiance triggers hunger

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