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    Ourland

    The return of the Irish economy is not an accident. The fact there were no riots when in collapsed in 2008 in a sea of imploded vested interests was no happenstance. The fact this country has divided power since its instigation between Fianna Fáil and Fine Gael wasn’t just luck. The repetition of the failures of the national spatial strategy in the National Planning Framework was predestined. The failure of any party to take on the rights of property and make them subject to the common good isn’t a random thing, it’s determined. This country isn’t Germany which went through industrialisation, Nazification and deNazification, and learnt that politics and the common good is a serious business. Nor are we like the US which takes itself so seriously that it can elect a politician on an America First platform, elect someone who’s utterly wrong about everything. Or the UK which tossed a reputation forged over a millennium for empirical pragmatism into the fires of Brexit because it had a serious gripe with Institutional Europe (and Johnny foreigner). Ireland lost half of its people in the famine five generations ago. There is a strong folk memory of apocalypse which imbues a national fear that workaday issues aren’t important, that politics doesn’t really matter, that anything good is transient, that there’s no point planting a tree, a flower. We also suffer from the residual malaise of the colonised. For 700 years decisions were taken not in the common good but in the interest of an alien political entity. Service for the government and its establishment was not service for the common good. This country is sceptical about the motivations of its politicians, and its politicians do not see their roles as ethical or principled. This can generate corruption. We also suffer from the overhang of over a millennium of pious religious adherence though arguably we are overcoming that fast, almost – though not quite – too fast. Ireland is not a serious country like Germany. Yes we’re big on the GDP that every country wants. Certainly, we can do capitalism if you ask us too, but it’s only because that’s a doctrine that depends on an independent competitive detachment. You don’t have to buy in to anything particular to practise capitalism. We’re good at giving international commerce and its IT companies and vulture funds what they want: from planning permissions to an utterly unethical system of corporate taxation. You never hear anyone in public life talk of morality or ethics, you rarely hear mention of the public interest or the common good. Or philosophy: we’re sort of middlebrow. It is taken for granted that the combined private interests of all somehow amounts to the public interest. It is assumed the needs of the present outweigh concerns for the future. We don’t have a language for ugliness even though we forge it everywhere. We don’t care about planning, we couldn’t give a fiddlers for the environment. We’re the worst climate-change offenders in Europe, one of the few EU countries to miss its 2020 emission reduction targets under the EU effort-sharing decision, the worst per person in Europe. We love to litter. We’ve filled the countryside with unsustainable houses, allowed Dublin to leapfrog into much of Leinster. We’re going continue doing it. It would be draconian to tell anyone they can’t actually build somewhere. Climate, the environment and planning are at the sharp edge of our psychological weaknesses. We understand when someone fleeces the public purse – sure we’d do it ourselves. Even the parties of the left can’t bring themselves to support a property tax. For that would impinge on “the family home”. Does Richard Boyd Barrett not realise that that phrase betrays a millennium of weakness? Strangely we never hear that other assets shouldn’t be taxed – that stocks and shares shouldn’t be taxed because they’re “the family portfolio” but mention the family home in Ireland and a ‘Land League’ and a host of people who don’t realise they’re not leftists will come running to your aid, in your home or in the courts, even if you’re looking to remain in a gilded mansion, even if you have three homes. Charlie Haughey, Bertie Ahern, Enda Kenny, have been replaced with shiny new faces – Leo, the Simons, Eoghan. These tyros may have had radical, progressive or interesting ideas before they got into politics but it’s not an accident that they get beaten out of them by the time they stand for election, for the party. They’ll toe the party line, not the thinktank line on everything from housing to the drugs crisis to healthcare. They bought into Fine Gael (it might as well have been Fianna Fáil) atavistically. Sit on a bus in England or the US and the quality of the conversation overheard (‘innit?’, ‘So I’m Like’) shocks and bores. Not here. You’ll never meet a complete moron in Ireland. The left may not yield a property-tax agenda but then again the right hasn’t managed to muster much of an anti-immigration or even privatisation agenda. Most Irish people have lots of common sense, a fairly global outlook, a sense of humour and a cultural hinterland of some sort. Ireland isn’t serious enough to keep its quality of life as high as that in countries where the common good is the transcendent driver. But then again it’s not serious enough to say no to gay marriage – sure everyone likes someone who’s gay. Or serious enough to elect a Fascist or a tub-thumper. Ireland is a peculiar place. It’s not the worst place. But its history holds it back, and will for generations to come.

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    Let’s despatch the Eighth

    One morning recently I woke up to abusive tweets. “What is it with lesbians hating unborn babies?? Please explain!”. “Why so many lesbians pushing abortion when they should never really need one??!!!”. As a long-time feminist campaigner and Convenor of the Coalition to Repeal the Eighth Amendment, vulgar interactions from anti-choice supporters are inescapable. I’m too long in the activist tooth to let them bother me (much), but this latest batch does make me wonder. Why is “lesbian” used as a term of abuse, and what has it got to do with “hating” babies, or women, or men, or indeed anything else? I’d like to tweet back (but I don’t): “Look here, you with the vituperative tweet finger, I’m a feminist, lesbian, radical Irish grannie (of two, so far), and I’m pro-choice because I believe in equality, in human rights, in justice, and in a world where all women, everywhere, including my daughter and my granddaughter, have the right to make decisions for ourselves about our bodies and our reproductive lives. It’s a national issue, it’s global and it’s also very personal. So there!”. The Coalition to Repeal the Eighth Amendment was set up in recognition of evident and popular demand for change. Our members include trade unions, pro-choice and feminist groups, human-rights organisations and many other NGOs and groups. The next year or so will be vitally important in advancing this issue. It has become a real election issue. If political soundings are to be believed, we can expect a “national conversation” after the election in the form of a Citizens’ Convention, followed by a referendum. It is hard to exaggerate the ‘chilling’ impact of the Eighth Amendment on women, on doctors in preventing them from working in the best interests of their patients, and on our society as a whole. What does it say about respect for women and our capacity to make our own decisions about our lives? What does it say about respect for human rights principles? Successive Governments have ignored robust criticism of the Eight Amendment from UN and other international human rights bodies. Even as I write, there’s a woman setting off from Sligo or Kerry or Wexford or Dublin on that dismal journey to the UK for an abortion she can’t obtain here with the support of her partner, her family, her friends, her GP. There’s another woman getting off the plane on her lonely trek back, and another desperately trying to find the money or the vital travel documents, or whatever else she needs to go abroad for an abortion. Every day, at least ten women are forced to go through this exhausting and demeaning process because the law and the health services fail to provide for women’s full reproductive needs and rights. We have no idea how many more women are in tears and desperate because they don’t have the resources of money, travel papers, childcare, time off work, good enough health and capacity, or whatever it is they would need to be able to make the journey. We predicted the direct and dangerous implications of the Eighth Amendment for women when it was introduced into the Constitution in 1983. We have learned with terrible sadness and anger of women dying. We have had to bear unwilling witness to innumerable personal tragedies dragged through the Courts and exposed in the media. As women, the Eighth Amendment ensures that our human rights are consistently breached during pregnancy by making a dangerous, unworkable distinction between our lives and our health. It denies us life-saving treatment such as chemotherapy. It forces us to remain pregnant against our will, even in cases of rape, incest and where a fatal foetal abnormality has been diagnosed. The Eighth Amendment puts our health at risk, denying us options even when the outcomes are clearly long-term and debilitating. It discriminates against poor and marginalised women and all those who cannot travel abroad for an abortion. Disgracefully, it criminalises women for the ‘procurement’ of an abortion, including women who obtain the abortion pill, the safest and most straightforward means of abortion. It criminalises medical professionals who assist women to do so. It places punitively strict parameters around the crucial information that reproductive health services can provide. It’s clear that the Eighth Amendment no longer reflects public opinion, with poll after poll showing strong support for its repeal. While we certainly don’t underestimate the amount of work to be done, our members are committed to the battle ahead. With public support we will campaign vigorously for repeal of the Eighth Amendment. In 2016, we don’t think that’s too much to ask. Do you? Ailbhe Smyth Ailbhe Smyth is Convenor of the Coalition to Repeal the Eighth Amendment

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    Maybe Equality

    The Government would be happy to go to the polls wrapped in the mantle of a ‘Yes Equality’ Government. The Government delivered on the marriage equality referendum. We had the referendum to beat all referendums and same sex couples can now get married, their relationships affirmed as equal. This was a remarkable achievement. Eamon Gilmore called it “the civil rights issue of this generation”. However, is it enough for Fine Gael and Labour to don the mantle of a ‘Yes Equality’ Government in search of a vote? Aodhán O’Riordáin, Minister of State at the Department of Justice and Equality, tried to keep the feeling warm. A month after the referendum he declared the report of the working group on direct provision for asylum-seekers, set up by his Department, as another “Yes Equality moment”. This sorely diminished the mantle and, indeed, any correlative right to don the mantle. The recommendations of this report were far from any ideal for equality and human rights. The report essentially permitted continuation of this inhumane direct provision system for receiving and accommodating asylum-seekers. Only those asylum-seekers serving five years or more in the system were to be released. The mantle has since been further sullied as even the limited recommendations have not been implemented. Direct Provision is not the only serious human rights violation that this Government has countenanced. RTE’s Prime Time exposed the gross abuse of people with disabilities living in Áras Attracta. Political disapproval owed yet action was absent. The Government ignored the 2011 Congregated Settings Report that recommended that “people with disabilities living in congregated settings move to community settings within seven years”. It ignored the costed submission of the HSE, made in 2015, seeking some €250m to implement the report. Whenever it came to money, this Government evinced little interest in donning the ‘Yes Equality’ mantle. The treatment of the Traveller community reflected a rejection of equality and human rights by the Government. There was an extraordinary disinvestment in the Traveller community. The education budget specifically allocated to Travellers was reduced by 87% and the accommodation budget by 85%. This happened despite significant educational inequality for Travellers and the scandalous, often dangerous, living conditions they continue to endure. The tragedy of ten lives lost in the fire on the temporary Traveller halting site in Carrick-mines was not unpredictable. Even tragedy, however, failed to secure any reinvestment in the Traveller community. People with disability fared badly. Their prospects for independent living receded. The Mobility Allowance and the Motorised Transport Grant for people with disabilities were cut. The Minister for Health and Children axed these schemes in 2013 because criteria governing the schemes were found to be in breach of the Equal Status Act in a case heard by the Equality Tribunal in 2008. The Minister did not have to axe the scheme. He promised the issues would be resolved quickly but some people with disabilities remain on the schemes found to be discriminatory and no new scheme has been provided for the many others now precluded from access to these vital supports. The schemes were central to participation in society and to ensuring people do not become trapped in their own homes. Lone parents didn’t fine it was a ‘Yes Equality’ Government. Changes to the One Parent Family Payment caused stress and hardship for many families, that are much more likely to experience poverty and social exclusion than others. 63% of them experienced enforced deprivation in 2013. The Government effectively ended access to the One Parent Family Payment in 2015 for lone parents whose youngest child is seven or over. The financial losses for working lone parents are so significant that they are likely to give up part-time employment. Trans people, on the other hand, did get some of the ‘Yes Equality’ treatment. Legislation secured legal recognition for them in the gender with which they identified. This was on foot of legal action taken by Lydia Foy to assert her rights. The legislation, despite its failure to respond adequately to young Trans people, compares well with the most progressive approaches to the rights of Trans people at a European level. The legislation to ensure 30% of all candidates of each party in national elections are women is progressive. There was a touch of the ‘Yes Equality’ about this. It did not cost money but it is clear that it is causing some significant pain in male bastions. The same commitment did not extend to private-sector boardrooms, despite proposals from the European Commission for a 40% quota of the under-represented gender on corporate boards. And that ‘Yes Equality’ feeling drained away with the failure so far to address women’s reproductive rights by repealing the iniquitous Eight Amendment to the Constitution that has put women’s lives and health at risk. This Government did inject some of the resources cut by the previous Government from the budgets of the Equality Authority and the Irish Human Rights Commission back into the equality and human rights infrastructure. Nothing, however, is ever straightforward when it comes to this Government and equality and human rights. The additional resources were only made available to a new, merged body, the Irish Human Rights and Equality Commission. It seems this potential ‘Yes Equality’ moment was actually more about sweeping equality under the human rights rug. Equality and human rights re ect two very different traditions. Equality is focused on achieving outcomes of equality for the different groups that make up society. Human rights are about minimum standards to be enjoyed by all individuals in society. In merging the two traditions there is much talk of the logic of equality being a human right. When equality is limited to being a human right it is confined to formal equality. Formal equality is only about equal treatment and non-discrimination. Not about outcomes. A merger of the Equality Authority and the Irish Human Rights Commission, based on such an understanding of the relationship between human rights and equality, diminishes any capacity for or drive towards the more substantive forms of equality that so many groups in our society aspire to and

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