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    Mick Wallace TD: Ombudsman’s Roma inquiry likely to be too narrow to precipitate Garda cultural change (26 October 2013)

    GSOC should be involved   The Government response to the removal of the two Roma children from their families this week can only be described as short-sighted, defensive and, sadly, entirely predictable in view of the State’s long-held policy of ethnicity denial and cultural assimilation towards Traveller and Roma peoples. The Minister for Justice’s initial response on Wenesday of this week to yet another Garda controversy (albeit with HSE involvement in this instance) was to order another internal report of Gardai by Gardai about possible Garda misconduct in their exercise of emergency powers under Section 12 of the Child Care Act 1991.  This approach does not comply with constitutional standards of fairness and natural justice, and represents a clear breach of the rule against bias, No-one should be a Judge in his Own Cause.  It would appear from the facts available, that the Gardai made decisions about child welfare based on tabloid journalism, ethnic categorisation, and an unrelated case in Greece – rather than a rational consideration of  independent evidence and application of the principles of reasonableness and proportionality.  There appears to have been an overly simplistic reaction by the Gardai/HSE to the raging media frenzy, which – as law enforcement and health professionals – they should have been immune to.  Of course we should really be armed with the full facts before making such assertions but given the defensive response of the Government and the ‘blue wall of silence’ that has frustrated previous investigations of An Garda Siochana, this certainly appears unlikely. Although the Minister did publish a version of Assistant Commissioner O Mahony’s internal report in the penalty points controversy (but only after the Government Press Office had completed some clever massaging of the statistics in the executive summary and without publishing the appendices which contained the supporting documentary evidence for the report’s conclusions), on this occasion the Minister has already confirmed that he will not publish any part of the forthcoming Garda report.  In order to impart a sheen of legitimacy to the proceedings, he then confirmed on Thursday in the Dail that he had now decided to pass it to the Ombudsman for Children – along with the HSE report – so that she may then conduct a report of those reports. The Ombudsman for Children’s own press statement on Thursday informed us that she had decided of her own volition to investigate – on a preliminary basis – the actions of the HSE only; and indeed any examination of the conduct of the Garda Siochana is specifically excluded from her remit.  After this decision, the Minister for Justice contacted the Ombudsman for Children to raise the possibility of an “expanded role” and on Friday 25th October the Minister announced in his third statement of the week, that he has now confirmed to the Ombudsman for Children his intention to appoint her under Section 42 of the Criminal Justice Act 2007 to carry out a full inquiry on the matter, to include an examination of the role of the Gardai.  Although Section 42(10) permits the Minister to publish the Ombudsman’s report, the Minister has not confirmed yet whether he intends to do so. While we await confirmation of the terms of reference of the inquiry which should be published in the Minister’s Order of appointment under Section 42, it would appear that the terms of reference will be just wide enough to satisfy public opinion but too narrow to allow for a proper examination of Garda powers and procedures, the functioning of the Ethnic Liaison Officer system, the force’s relationship with the media, and the incidence of racial profiling within the Garda Siochana – an examination that could precipitate real cultural change within the Gardai. In any event the Minister has already declared that he has “no doubt that the Gardai acted in this instance in good faith in the intervention that took place” in contrast to his earlier admission that the “international backdrop” of the case in Greece may have had “some undue influence in the decisions that were made”. It is curious to note that the Minister bypassed the Garda Siochana Ombudsman Commission entirely in his response to the week’s events.   In the particular circumstances, a joint investigation would seem the most appropriate route, combining GSOC’s experience and knowledge of Garda procedures with the Ombudsman for Children’s experience and knowledge of child welfare procedures. Under Section 106 of the Garda Act 2005, the Minister could consider exercising his power to request GSOC to examine the practice, policies and procedures of the Garda Siochana in such instances.  Unfortunately GSOC’s hands are tied unless Minister Shatter specifically requests such an investigation, a glaring gap in GSOC’s statutory powers which has been recently flagged by M. Seggayaka, the UN Special Rapporteur in March of this year. Although the Ombudsman for Children’s commitment to “conduct an independent impartial investigation from first principles” certainly brings  with it some hope of a transparent process with worthwhile conclusions, she may encounter serious difficulties investigating the Garda Siochana,  an impenetrable body that has consistently met any such efforts with impressive resistance. Given GSOC’s experience in dealing with the difficulties and delays when seeking information from the Gardai – which led in May to an unprecedented public airing of their frustrations – it would seem that their involvement could be of considerable assistance to the Ombudsman for Children.  It would also allow access to the Pulse system through the  seconded Gardai who perform this function within GSOC. Although GSOC, again of their own volition, have demanded a copy of the internal Garda report, the only possible investigation GSOC can subsequently initiate – without any official request from the Minister – is of an individual Garda’s conduct under the very restrictive terms of Section 102.  In any event our GSOC, unlike its Northern counterpart, cannot impose sanctions on any individual Garda, nor award any compensation.  Nor of course can the Ombudsman for Children. In light of the wider issues raised by this particular case,

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    Veganism makes us human

    Animal Oppression & Human Violence: Domesecration, Capitalism and Global Conflict   David A Nibert Columbia University Press, New York, 2013   Review by Frank Armstrong     Scholars have argued that the domestication of animals for food, labour, and tools of war has advanced the development of human society. But by comparing practices of animal exploitation for food and resources in different societies over time, David A Nibert reaches a strikingly different conclusion. He implores humanity to shift to a vegan, or plant-based diet. Nibert maintains: “The emergence and continued practice of capturing, controlling, and genetically manipulating other animals for human use violates the sanctity of life of the sentient beings involved”. He tees up a neologism, ‘domesecration’, and deploys it throughout the book, arguing that “their minds and bodies are desecrated to facilitate the exploitation: it can be said that they have been domesecrated”. ‘He traces an upsurge in human violence to the practice of stalking and killing animals which “began no earlier than ninety thousand years ago’ He traces an upsurge in human violence to the practice of stalking and killing animals which “began no earlier than ninety thousand years ago – and probably much later”, but fails to acknowledge that this was connected to the expansion of humanity into northern latitudes where edible plants were not available throughout the year, often making hunting a necessity for survival. His basic thesis is that ‘domesecration’ has generated conflict between human societies because the amount of land required for raising animals for human consumption is far greater than that required to grow crops for direct human consumption. He emphasises how “domesecrated” animals act as vectors for zoonotic diseases, and displace countless free-living animals. As an abolitionist he does not envision any possible way humans could exploit animals in symbiosis with one another and their environment. He begins his account in 1237 at Riazan near Moscow as the Golden Horde led by Batu Khan lays the city to siege. Nibert links the cruelty of those Mongols to their treatment of animals and shows their reliance on them as weapons of war and mobile sources of food. Conquest, in turn, was fuelled by a need for more grazing land. They terrorised Eastern Europe and China which saw its population drop from 123 million in 1200 to 65 million in 1393, laying waste societies engaged primarily in crop cultivation. As part of their general unneighbourliness, in all likelihood the Mongols introduced the zoonotic bubonic plague to Europe, leading to a reduction in its population of a half. ‘he does not envision any possible way humans could exploit animals in symbiosis with one another and their environment’ The effect of colonisation of the Americas on its indigenous people has been described by historian Alfred Crosby as the “greatest tragedy in the history of the human species”. Large numbers were displaced to make way for livestock from areas where they cultivated crops or hunted free-living animals; and, with few domesticated animals of their own, they were ravaged by zoonotic diseases, especially smallpox. Their numbers were reduced by two thirds. It would be wrong to idealise the lives of indigenous peoples in the Americas before the arrival of Europeans. But it seems the virtual absence of domesticated animals curtailed warfare: “archaeological evidence suggests that pre-Columbian warfare was limited to small-scale raiding, sniping, and ambush”, and that the numbers of “deaths by violence were relatively low”. Hernán Cortes whose expedition led to the fall of the Aztec Empire in Mexico instantly foresaw the possibility of developing a cattle industry there. Livestock products, especially hides, were integral to the wealth accumulated by the conquistadores. Nibert contrasts the colonisation of the Americas with the Spanish conquest of the Philippines, territory unsuited to livestock production. He says this supports “the thesis that colonisation was much more likely to involve large-scale violence when invasions involved expanding ranching operations”. To expand livestock numbers was also the primary motivation for the encroachment of Europeans into North America. The West was won by cowboys who cruelly displaced, and often massacred, large numbers from nations such as the Creek, Choctaw, Chicksaw, and Cherokee. In North America the fates of the native population and free-roaming buffalo, vital to their way of life, were intertwined. In the early nineteenth century there were up to thirty million buffalo roaming North America, but by century’s end they had been hunted to virtual extinction to make way for livestock. Nibert recalls the often wanton violence that accompanied their annihilation. In one account train passengers made a ‘sport’ of it: “As they neared a herd, passengers flung open the windows of their cars, pointed their breechloaders, and fired at random into the frightened beasts”. With the West ‘won’, industrial slaughterhouses emerged, especially in Chicago. It was not pretty. Rudyard Kipling was horrorstruck by what he saw in the late 1880s and worried “about the effect of so mechanical a killing on the human soul”, though in his occasional jingoism and patronising espousal of whiteman’s burden he did not always apply stringency to the worth of human souls, or human life. Nibert notes the important role of English capital in the expansion of livestock production into the Western plains of America in the nineteenth century. He also explores the English colonisation of Ireland and emphasises how Irish salt beef was a critical factor in the “profitable sugar production in the Caribbean because it was an important source of food for enslaved labourers on Britain’s plantations”. ‘In Ireland, primarily because of the Great Famine, there was a shift in the nineteenth century from tillage to pasture leading to depopulation of the countryside’ In Ireland, primarily because of the Great Famine, there was a shift in the nineteenth century from tillage to pasture leading to depopulation of the countryside. He quotes James Connolly’s description of this in Labour in Irish History: “Where a hundred families had reaped a sustenance from their small farms, or by hiring out their labour to the owners of

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    Chipping at David: Some radio techniques can’t be taught… though some can

    by Brendan Balfe     I was having dinner with Peggy Lee.  I had just interviewed her in the bedroom of her home in Hollywood and she had kindly invited me to stay, she resting on the bed after a recent fall and me sitting beside her in a chair, quietly thrilled. A butler brought in tortillas and scotch.  As one of the great song stylists of the twentieth century, Peggy was a sophisticated woman with an impressive knowledge of the arts and a large library of books lining the walls of her bedroom.  She had been reading about Michelangelo and when the conversation turned to his most famous sculpture, she made a telling observation:  “Imagine seeing David in that block of marble”.   It was a phrase which I borrowed some years later when I began training and coaching prospective radio presenters and producers.  Rather than impose a style, the better approach is to chip away at the bits that aren’t David and allow him to come alive, so that an authentic personality emerges, relieved of the irritants and bad habits that compel the audience to move the dial.   It was akin to the technique I encountered in the mid-Sixties, when I was being trained as a continuity announcer for Radio Éireann, based then in the old studios in the GPO.  Denis Meehan was in charge of the Announcers Section, aided by his deputy Brigid Kilfeather and his Chief Announcer, Terry Wogan, who spent his time subtly contradicting what Brigid had said the previous evening. ‘Speech Tunes entail delivering a script in a sing-song manner that bears no resemblance to the meaning of the words’ Terry was much influenced by Denis, a witty and kindly man, who encouraged us to sound like ourselves, rather than try to sound like ‘the man on the wireless’.  On the training course, he picked us up on pronunciation errors, in Irish and English, and gave such sage advice as, for example, when confronted with an unfamiliar name and unsure which syllables to emphasise, equal stress on all syllables gets you out of trouble.   Denis favoured an informal style, serious on occasion, but natural in approach. His philosophy encapsulated the essence of public service broadcasting – to make what is good, popular and what is popular, good. He was adamant that the national station should show respect for the audience, by treating them as intelligent. “They may be ignorant”, he said, “that is, lacking certain information, but they are not stupid”.  It’s a mantra that has underpinned my broadcasting:  ‘Assume they are Bright’.   Denis reserved much of his spleen for Speech Tunes. These are bad habits that infest the airwaves even now, on radio and television.  They characteristically entail delivering a script in a sing-song manner that bears no resemblance to the meaning of the words. It includes pauses in. The middle of the sentence.  And ends in a downward descent to the full stop at. The end of the sentence.  A Speech Tune rings false, is tiring to listen to and can be cured only if the speaker concentrates on the meaning of the text.   Denis also reminded us that, even though there are thousands listening, they are listening in ones. The days of communities clustered around a radio set are long gone, as are entire families watching the same TV set, so an intimate style by the presenter works best.   Eventually, there is an audition. A Radio Éireann executive told me of his way of deciding on one presenter, rather than another: “Nice people come across as nice people”, he said, “and bastards come across as bastards – and there’s damn all you can do about it”. There is truth in that.     So, it is possible that, having chipped away the bits of marble that aren’t David, we are left with a figure that is less than beautiful.  You know the kind of broadcasters  I mean-  the smug ones, the dull  ones,  the ones that regard  programmes as an opportunity to show off their knowledge, the ones who refuse to adopt even the most basic pronunciation guidelines, (‘Nooz’, anyone?).   Training and coaching can release what was inherently already there. But it can’t teach talent. It may teach you to read music, but it can’t teach you to be Peggy Lee.  

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