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    Yes to history, no to commemoration

    Commemorations for the centenary of the 1916 Rising are well underway. This anniversary is being marked in a much less sanitised way than previous significant Easter Week commemorations. This is very welcome. For far too long, ceremonies celebrating the 1916 Rising were based on a highly simplified, monochrome account of history: Rebels good, Brits bad, civilians ignored. We did not see pictures of dead bodies. Few official accounts mentioned the deaths of women and children caught in the crossfire. This time around, things are different. The vital research work of many historians and others has contributed greatly to the generation of this more complex understanding of the 1916 Rising. We now know that approximately 488 people were killed during Easter Week. Of these, 40 were children, and over 200 were civilians. There were about 120 British soldiers killed, and 60 rebels. These numbers are as significant as the numbers we have traditionally associated with commemorations marking Easter Week: the seven signatories of the Proclamation, and the 16 men executed. It is timely to reflect on four key themes which should shape, and to some extent are shaping, the centenary commemoration process: de-militarisation; contextualisation; inclusivity; and humanisation. Commemorations should not be over-militaristic, nor should any death or killing be ‘celebrated’. This is even more necessary in the wake of the recent Brussels atrocity which showed the immense human tragedy of mixing religion, politics and violence. The events organised throughout Dublin for Easter Monday under the ‘Reflecting the Rising’ banner were far more in keeping with an inclusive spirit of commemoration, than the military parade that took place on Easter Sunday. In a similar spirit, commemorations should reflect the context of the time. The rise of important social movements, in particular the trade union and suffragette movements, as well the Irish cultural revival, should be marked alongside the nationalist struggle. The commemorations must be inclusive. Where official ceremonies include religious services, these must be carried out with respect for humanists, atheists and people of minority religions. Similarly, commemorations must be inclusive of both women and men. We now know, from the great work of feminist historians, that 77 women involved in the 1916 Rising were arrested along with their male colleagues at the end of Easter Week. Inclusivity also means remembering the many thousands of Irishmen who fought and died in World War I, but whose lives and deaths were not officially commemorated for many decades after independence. Commemorations must become humanised. It is welcome to see this happening in this centenary year. Many official and unofficial events have incorporated the telling of individual eye-witness accounts: some noble, some tragic, some humorous, and some poignant. These include stories like that of Catherine Byrne, who jumped through a side window of the GPO to join the male Volunteers inside. They include that of two-year old Sean Foster, who was shot dead in crossfire while being wheeled in a pram by his mother Katie on Church Street, and whose father had died on the Western Front the year before. In bringing these stories to the fore, we come closer to realising the past and to remembering the dead in a respectful and inclusive way. It is very welcome to see these four themes informing the 2016 commemoration process. Yet it appears that they are not embraced universally. The Glasnevin Cemetery Trust has carried out hugely important work in compiling accurate data on all the 488 people killed during the 1916 Rising. It is constructing a Necrology wall to mark all of their deaths in a non-judgemental fashion. It is unfortunate that some of the 1916 Relatives Association do not support this approach to commemoration. And that there was some scuffling at the recent unveiling. It seems that, for them, even 100 years on, there is still a hierarchy of grief. Those who still seek to elevate some deaths over others are themselves harking back to the old monochrome view of Easter Week. Their view should not prevail. The reality is that the concept of ‘commemoration’ is always problematic. Ultimately, we should not seek to replace ‘history’ with ‘commemoration’. Commemoration is a largely artificial concept, itself tending towards sanitisation. History is messy, complex, ambiguous and contradictory. The history of the 1916 Rising should be marked and remembered in a way that is appropriate to that reality. Accurate historical research, inclusive contextualised events, and vivid eye-witness accounts should replace empty commemorative ceremonies. Our process of marking the 1916 Rising should be de-sanitised, to reflect the real complexity of the history of the struggle for Irish independence. Ivana Bacik

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    Re-Ligion!

    Michel A aq (1910-1989) was the principal ideologue of the pan-Arabist Ba’ath Socialist party which still rules Syria, as it previously did Iraq under Saddam Hussein. Although born Christian, he believed Islam to be proof of Arab genius and allegedly converted before his death in Baghdad. The Arabs were a motley collection of illiterate warring tribes inhabiting the Arabian Peninsula until the Prophet Muhammed (570-632 CE) and his successors built an enduring empire with extraordinary speed. The early Muslims were not only successful warriors conquering territory from Spain to Persia but also projected a ‘soft’ power allowing them to convert subjugated peoples. The era brought great advances in philosophy, art and mathematics and was marked by a tolerance unknown in Christendom. The Qu’ran itself was the first book written in Arabic, and according to the historian Albert Hourani Muslims believe Arabic is revealed in it; it certainly ushered in a great era of literacy. It is perhaps unsurprising that contemporary Arabic political movements have expressed themselves in the idiom of Islam however diverse that inheritance is. Furthermore the failures of Arab nationalism especially under Egypt’s Gamal Abdel Nasser (1918-70) appeared to make Political Islam the answer to the project of throwing off the economic and cultural shackles of imperialism, and confronting Israel. The brutalisation of the Middle East through internal repression and outside intervention has shaped the emergence of ISIS, but its unsophisticated ideology has an historical trajectory. Likewise Christianity has had a lasting influence on the idea of Irishness: first because Christianity’s arrival in Ireland brought with it literacy (Ogham script hardly qualifies) that generated a seismic cultural awakening; second, and another source of pride, Irish Christians performed vital missions in restoring Christianity to Britain and other parts of Europe; third, the Reformation in Britain occurred simultaneously with its second wave of colonisation of Ireland, creating an effective method of creating a ruling caste; fourth, the decline of the Gaelic language left Catholicism as the most obvious point of cultural differentiation between the Irish and English. Thus in George Moore’s novel ‘The Lake’ Father Moran opines: “Religion in Ireland was another form of love of country and if Catholics were intolerant to every form of heresy, it was because they instinctively felt that the questioning of any dogma would mean some slight subsidence from the idea of nationality that held the people together”. He continues: “Like the ancient Jews, the Irish believed that the faith of their forefathers could bring them into their ultimate inheritance”. Moore himself eventually renounced Catholicism, just like the main character in the novel Father Gogarty who says: “my moral ideas were not my own. They were borrowed from others and badly assimilated”. Gogarty bemoans the Church’s attitude to women, recalling how “at Maynooth the tradition was always to despise women”. Well before Irish independence in 1922 the Catholic Church held a firm hold over Irish society especially in the crucial sphere of education. Maynooth was estab- lished in 1795 and Irish primary education had become increasingly denominational by the end of the nineteenth century. To some extent this suited the British administration as it recognised the Church as a force of conservatism that would protect private property against social revolutionaries. James Joyce also violently repudiated Catholicism. He wrote to Nora Barnacle in 1904: “Six years ago I left the Catholic Church, hating it most fervently … Now I make war upon it by what I write and say and do. I cannot enter the social order except as a vagabond”. In ‘Portrait’ he resolves: “I will not serve that in which I no longer believe, whether it calls itself my home, my fatherland, or my church: and I will try to express myself in some mode of life or art as freely as I can and as wholly as I can, using for my defence the only arms I allow myself to use – silence, exile and cunning”. It took artists of the stature of Joyce and Moore to escape their Catholic upbringings. Unfortunately most of the revolutionary generation rapidly conformed and thereby stamped out the pluralism, feminism and even vegetarianism that animated the more free-thinking period before hostilities began. One of the most powerful ministers in the first government, Kevin O’Higgins, remarked: “we were probably the most conservative-minded revolutionaries that ever put through a revolution”. That it should have been an ‘Easter Rising’ that kicked off the affair is revealing. There was an obtuse connection drawn between the crucifixion and resurrection of Jesus and the blood sacrifice and emergence of an Irish nation state. Remarkably, in the wake of the Rising such illustrious revolutionaries as Roger Casement, Countess Marckievicz and James Connolly converted to Catholicism. The Civil War between two children squabbling over the spoils of a new state imported no relevance for the relationship with the Church. Observers were already noting the “sombre bodyguard of priests” surrounding de Valera as he ascended political platforms in the early 1920s; and the first Cumann na nGaedheal administration (1922-32) alienated many erst- while progressive supporters, including WB Yeats, by bringing in a ban against divorce in 1925. We now know that the Catholic Church was virtually untouchable in its position of power in Ireland until the 1990s when the staggering effect of sexual repression and a culture of impunity became apparent. The same-sex marriage referendum last year affirmed that the once vice-like grip was no more: only Roscommon voted against the proposal, despite the Church’s opposition. It remains firmly entrenched in education but such is the prevailing distrust for priests in particular that this situation is unlikely to endure much longer. Moreover, Irish people are no longer drawn to the priest’s house or convent as they were in droves. The Church simply does not have the personnel to project its message any longer. Of course there are residual defenders of Catholic conservatism in the Iona Institute and the broader Pro-Life movement. But the abuse scandals seem to have changed most Irish people’s outlook and the Pro-Life movement now looks

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    Paean to culturally rich, politically limited patriots

    The paperback version of ‘Handbook of the Irish Revival’ was recently launched at Notre Dame’s O’Connell House, to coincide with their St Patrick’s day festivities and, of course, the commemoration of the 1916 Rising. The volume, an anthology of Irish Cultural and Political Writings 1891-1922, is beautifully produced by Abbey Theatre Press with the look and feel of a hardback though it is very reasonably priced at just €15. As the Abbey director-turned publisher, Fiach Mac Conghail, reveals in his introduction, the book arose from the ‘Theatre of Memory’ Symposium in 2014. During the concluding session Declan Kiberd lamented the fact that so few of the original writings of the Irish Revival were readily accessible. It’s to Mac Conghail’s enduring credit that he rose to the challenge by facilitating Kiberd and his co-editor PJ Mathews. Kiberd, though not a professional historian, has emerged as one of the most authoritative voices on the 1916 Rising, providing us with the clearest insights into the complex and sometimes confused intellectual world of the revolutionaries. He has always contended that for Romantics like Pearse and MacDonagh, both keenly interested in English literature, the Rising was a piece of theatre that could only end in their own deaths. Pearse who was described by one of his admirers as a “bit of a pose” may have been comfortable with the bizarre pageantry of the GPO, but he lacked the skills of a military commander. A prolific writer in both English and Irish, he features regularly in the anthology. It’s a digest of essays and articles, pamphlets, songs and poetry – most of them no more than two pages long – from the great names such as Yeats, Synge, Joyce and some of the lesser known but also influential. Each of the chapters is accompanied by an introduction in much larger font. Indeed, the overall design of the book makes it very appealing. No sooner have you read one chapter than you immediately want more. It’s a book for the serious academic or the ordinary punter who wishes to dip into writings of the period to get a avour of the zeitgeist. As you read it you get the sense, as the introduction states, that these were men and women who “lived intensely in the present moment; took ideas more seriously than their own careers; and contributed brilliantly to debate”. That selflessness, brilliance and intensity is perhaps best reflected in the writings of Connolly, whose prose can hardly contain his obvious passion. Take for an example this sentence from his 1897 essay ‘Erin’s Hope’: “Recognise the right of all to an equal opportunity to develop to their fullest capacity all the powers and capabilities inherent in them by guaranteeing to all our countrymen and women, the weak as well as the strong, the simple as well as the cunning, the honest equally with the unscrupulous, the fullest, and most abundant human life intelligently-organised society can confer upon any of its members”. What it lacks in Orwellian precision it makes up for it in its obvious fervour. This passage is taken from the chapter entitled ‘Militarism and Modernism’ whose introduction identifies the reason for the cultural and political malaise that would soon envelop the new state. “Militarism began to trump modernism”, the authors observe- the men of the the Rising, war of independence and the civil war were better suited to military affairs then forging a modern democratic state: “Mass suffrage came to many areas but soon declined into mere electoralism, as political leaders whose consciousness had been formed more through soldiering than through cultural action, offered ever more dogmatic, ever less thoughtful analyses”. It is easy to ‘idealise the idealists’ at this remove, but it would be foolish to forget that our new State was governed for its first fifty years by the men – the women were written out – of 1916. Socially and economically our new state was illiberal and stagnant, a failed state dominated by the Catholic church. So while this book shows that those who inspired the Rising may have been enlightened, it could also be argued that they were in many ways obstructions to progress. The new State was patriarchal, consigning women to the home and discriminating against them in the workplace. It must have been a disappointment to the women who had campaigned for universal suffrage such as Eva Gore Booth. In her poem ‘Women’s Rights’ from 1906 she portrays male dominance as contravening the natural order: Men have got their towers and walls, We have cliffs and waterfalls. Oh, whatever men may do, Ours is the gold air and the blue. Men have got their pomp and pride – All the green world is on our side’. The new State’s attitude to the Rising has been at times ambivalent. We have moved swiftly from commemoration to revisionism back to celebration. We have also moved from isolated nationalism to become the most globalised country in the world, without pausing for breath or even adequate reflection. The transformation has been staggering. Ireland, the country that its citizens wanted to leave, and whose citizens emigrated in droves, is now a favoured destination for migrants. From the end of the Second World War up the start of the 1960s we were the only state in Europe that experienced population decline. Now one in eight people is a non-national in a population that has grown steadily. This new Ireland is closer to Boston than Berlin and has, as perhaps might be expected, even turned its back on some British virtues. The British tried with some success to introduce a system of planning for urban and rural areas. One only has to contrast the British countryside with its beautifully planned towns and villages with the free-for-all in Ireland, to know that independence embraces the freedom to make a mess of things. And though there are many who wouldn’t change a thing, this strain of individualism is unhealthy in a State that is not just unplanned but saw t to

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    Retrograde results reflect recalcitrant republic

    The recent General Election was a very good one for Sinn Féin. We increased our number of TDs from 14 to One thing is clear: the after-math promises to be far more interesting than the insipid election campaign, a campaign defined by the monotony of the government’s ‘Keep the Recovery Going’ message. It may have resonated with the select few, but most reacted with an incredulous, ‘Are you for real?’ The employment figures may be up, but the people in jobs are still feeling the pinch eight years after the crash. Meanwhile, our public services appear to be getting worse. Most people – even those with private health insurance – have experienced the horror of watching a loved one on an A and E trolley. The opposition parties sensed that change in the public mood. Fianna Fáil, with its finger back on the public pulse, devised a set of policies that reflected people’s concerns. To be fair, this wasn’t just Fianna Fáil focus-group politics. Micheál Martin, as comes across in his recent Village interview, does have a commitment to social justice and has steered the party to the left of Fine Gael. The ideological differences may be slight but they are discernible and make a coalition less likely. There are, of course, other mercenary reasons why the grand coalition may not happen. Fianna Fáil won the election. It wasn’t a knock out, but it had/has Fine Gael on the ropes. A rematch at its time of choosing would suit it much better than it would a demoralised, soul-searching, Fine Gael party, which has fundamental problems. Inevitably, there will be a simplistic focus on the party leader. In post-election interviews pledges of allegiance to Enda from cabinet ministers have been noticeably absent or halfhearted. Big Phil, his protector in chief, is no longer around to sort out any of the renegades. The heave seems inevitable. Will it come to that? Or will it be a dignified resignation like Eamon Gilmore’s. The former Labour leader was treated mercilessly by Joan Burton who in turn will find her leadership questioned by the party faithful. The Labour Party’s mauling by the voters was entirely predictable. Bleating on about having to make hard decisions doesn’t win you much sympathy, as the Greens discovered last time out. Labour calculated that, having lost the working class vote to Sinn Féin and left-leaning parties, it could count on the socially liberal middle classes for support. The fact is that abortion has been shown not to be a defining issue either way. Those who wanted to repeal the eight amendment didn’t get a tail wind, and those vehemently opposed to abortion, like Lucinda Creighton, were kicked out. Likewise, the marriage referendum was seen as eaten bread. Fine Gael and all other parties had managed to appropriate that liberal space effectively – sure we’re all liberals now, some having got here a bit later than others – but who cares. Other electoral tactics back red. The political Banking Inquiry simply muddied the waters and showed that the last government had few options, and that the same pro-cyclical expansionary policies were advocated by all the parties. The Green resurgence owes much to the hard work and unstinting optimism of Eamon Ryan. Not even his narrow loss in the European elections could stop his gallop, and indeed it proved to be a blessing in disguise. He and Catherine Martin are the dream team: a moderate, articulate and photogenic pair, who have the capacity to provide a platform for further green success. Like other newly elected candidates, the Greens will hope that another election won’t happen too soon. But the signs on that front are not good. The rejection of Eamon Ryan’s proposal for co-operation amongst the opposition parties means that the new dawn for Irish parliamentary democracy will have to wait. Those who think that this election will result in a new Borgenesque Danish parliament of progressive legislators are delud-ing themselves. Instead, we may revert to the worst type of parish-pump horse-trading that the country has ever witnessed. We don’t have a Scandinavian list system; we have proportional representation with the single transferrable vote, an electoral system that has resulted in an array of independent political efs. Right now, shopping lists the length of your arm (in the case of the Healy Raes – the length of two arms) are being prepared for the highest bidder. It all promises to be unseemly and retrograde, and will be, perhaps, the best reflection of where we are as a nation in the centenary of 1916. John Gormley

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    Unruly

    What is meant by the Rule of Law and is such a concept honoured in Ireland today? I believe that the rule of law though arguably an unqualified good is not being adhered to in this state save mostly by the judiciary and that the legal system and erratic observance of legality by state officials renders our democracy fragile. In my view Ireland draws close to that amorphous notion, a failed state that cannot in reality uphold the rule of law. This opinion piece will not be a comprehensive pathology but will point out many of the salient practical features which show how the rule of law is breaking down. The Rule of Law: Theoretical Incoherence? We first need to probe the many senses in which the rule of law is described. Joseph Raz, a legal positivist who believes in “perfectionist liberalism” has suggested that the rule of law is merely a kind of shorthand description of the positive aspects of any given political system. From a different vantage point the fundamentalist Christian legal philosopher John Finnis considers that the rule of law is: “[t]he name commonly given to the state of affairs in which a legal system is legally in good shape”. Another philosopher Brian Tamanaha chimes to negative effect that the rule of law is “an exceedingly elusive notion” which leads to “rampant divergence of understandings” and is similar to the amorphous concept of Good in that “everyone is for it, but has contrasting convictions about what it is”. At bottom, there is no consensus: it is elusive at best: a form of smokescreen or professional hypocrisy at worst. But let us endeavour to be constructive. For example Carothers, though sceptical, adds a worthwhile positive definition of the rule of law as: “a system in which the laws are public knowledge, are clear in meaning, and apply equally to everyone. They enshrine and uphold the political and civil liberties that have gained status as universal human rights over the last half-century. In particular, anyone accused of a crime has the right to a fair, prompt hearing and is presumed innocent until proved guilty. The central institutions of the legal system, including courts, prosecutors, and police, are reasonably fair, competent, and efficient. Judges are impartial and independent, not subject to political influence or manipulation. Perhaps most important, the government is embedded in a comprehensive legal framework, its officials accept that the law will be applied to their own conduct, and the government seeks to be law-abiding”. Now let us stress-test certain aspects of this detailed expurgation against the patient – in this context Ireland Inc. Yes of course rights exist in our still fine, if shopworn, constitutional matrix and are enforced by the courts in many instances but there is also an undue deference to the executive that has led to the non-enforcement of social and economic rights particularly the right to housing by the courts. There is an excess of judicial caution on other rights-based claims, particularly where issues of financial iniquity and the countervailing amorphous blob, public policy, are implicated. There is also widespread violation of privacy by the state and its police force, in particular. The overly sanguine way we as a nation have accepted, in effect, what has been police and state criminality with respect to privacy for the last thirty years without widespread outcry is baffling. At least there are signals of an upsurge in civil disobedience, which when peaceful, as Habermas, the German sociologist of critical theory and pragmatist, would contend, leads to a vitalisation of democracy. Not here. Further, the scandal that is our banking structures, the disgrace of the banks varying interest-rate repayments in breach of agreements, the sometimes unconscionable evictions, are not conterminous with the rule of law. NAMA is a mess formulated by the neoliberal club which did its best to avoid a proper new deal for the Irish people. The banking inquiry was a poorly performed French farce. What is desperately needed is a right to housing. Eviction should be rare, require rehousing, and should only follow meaningful intervention by an arbitrator who can determine whether the consumer can repay and whether the bank – with or without the enlistment of a vulture fund – is bundling the mortgage at a bargain-basement rate to private-law profiteers. Further, many of our state institutions have major structural problems. The Garda are not progressive in training and intent: they do not seek justice or the truth, but rather a result. They, at times spin, embellish or at worst, manufacture evidence – and, to be candid, at times act criminally and in violation of the rule of law. Finally, there are limited independent checks and far too close a nexus between politicians and the police. The recent moving of the deckchairs by the Garda Commissioner will not change the culture or training of the force, its group think or, arguably, its competence. It needs a radical ovehaul and a redirection so primarily promotes truth- seeking, investigative process. The impartiality and independence of our judiciary needs at times to be severely questioned because there is far too close a nexus between politics and judicial appointments. Though most are appointed on merit, many of our judges are appointed for their proximity to political parties. Further, some judges have an aggrandised sense of themselves: certainly they are not servants of the state as that is not a judicial function, but rather, they are the servants of the constitution which is a bulwark to protect the people against state excess. Judges also need, in the interest of public confidence as to their impartiality, to declare their share-holdings and indebtedness to the banks. Moreover, parts of the government left itself open to the accusation, during the bugging crisis, that it was also mired in corruption. In the strictest sense it observed the rule of law but, in manner, it laid itself open to the criticism levelled elsewhere by the late great Christopher Hitchens of being crypto-fascist, pursuing a

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    Independent Living

    2016 marks another anniversary, the 20th anniversary of a ‘Strategy for Equality’. This was the report of the Commission on the Status of People with Disabilities. Their task was to establish what life was like for people with disabilities in Ireland and to prepare a roadmap to equality for people with disabilities. Before deciding on the appropriateness of any celebrations, it is timely to ask a question: has Ireland become more equal for people with disabilities? The Commission took what it described at the time as “the unusual step” of consulting with people about their ‘lived’ experiences. It reported that people with disabilities experienced outdated social and economic policies and public attitudes, and pointed to “justifiable anger” felt by people with disabilities and their families. In the intervening years a multitude of laws and policies have been introduced but the question remains. Let me state it again: has Ireland become more equal for people with disabilities? A cursory look at the Strategy and subsequent developments would suggest that quite a lot has been achieved on many of its recommendations. A National Disability Authority (NDA) has been established, a Disability Act was passed into law, a National Advocacy Service was established, and a swathe of legislation was brought into force on equality, assisted decision-making and education. However, if you dig a little deeper, there is a different story to be told. Most of these measures were poorly thought out or half-implemented. The Disability Act 2005 created little by way of the rights-based legislation envisaged. Instead it provided a basic right to a person with disabilities to an assessment of need. However, no rights to services follow on from that assessment. Even this limited ‘right’ to an assessment has been only partly commenced and currently just caters for children. The Strategy envisaged an independent advocate for people with disabilities. In 2007 the Citizens Information Act was passed. This provided for “Personal Advocates” with statutory and wide-ranging powers. Four years later a limited non-statutory service called the National Advocacy Service was commenced. A total of 35 advocates operate across a country where there are an estimated 600,000 people with disabilities. The Education for People with Special Educational Needs Act 2004 has been stalled indefinitely. This means that children in mainstream schools struggle to get educational supports. Successive Governments have failed to address the issue of the cost of disability. Many of the manifestos for the recent election used the term “cost of disability” to describe plans to give people an extra ten euro on their welfare payment. This is a regrettable approach. Cost of Disability demands than an increase in welfare payments. It requires a genuine recognition that having a disability can be expensive and moving to alleviate that additional expense. The Strategy recommended that the Department of Environment develop a policy with “the right of people with disabilities to live as independently as possible” as its aim. In 2011 the ‘Congregated Settings’ report was published by the HSE, the agency responsible for care services. This was premised on moving people with disabilities back into the community. Progress on this ambition has been unacceptably poor. The Fine Gael manifesto for the recent election includes a target for 1/3 of residents to move back into the community by 2021, three years after the initial deadline for moving all residents. This is an acknowledgement that the policy has failed and that a generation of people will probably die in institutions. The Strategy stated that ful lment through relationships and sexuality is a basic right. Since 1993, the criminal law has cast a legal shadow over sex and people with disabilities, particularly those with intellectual disabilities or mental illness. The law has provided an easy excuse to opt-out of providing sex education that would strengthen their ability to protect themselves and possibly open the door to a ful-filling, intimate relationship. This is a bleak landscape, but it’s not all negative. We are beginning to win the ideological battle. Concepts of person-centredness, independent living and autonomy are creeping into the parlance of the body politic. The battle now must be to get our partially commenced legislation fully implemented. This will involve resources in many cases and a change in culture in others. Any marking of this 20th anniversary of the ‘Strategy for Equality’ must reflect that not much has changed and must pose the challenge to find the political will for equality. We have all the tools at our disposal. Sarah Lennon Sarah Lennon is Training and Development Of cer with Inclusion Ireland

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    Cerberus conflicts are biggest financial and political issue facing NI Executive

    An investigation by BBC’s ‘Spotlight’ programme broadcase on, 29th February, into the sale of NAMA’s huge property portfolio in Northern Ireland has revived an embarrassing issue for the outgoing government. Village readers will recall how distressed commercial and residential properties, previously valued at £4.5 billion, were sold to US vulture fund Cerberus, for just £1.2 billion in April 2014. An article in December documented how the sale was now the subject of investigations in the US and the UK and by the Law Society and the Stormont finance committee in Northern Ireland. At the centre of the controversy is former NAMA official, Ronnie Hanna, who resigned as the agency’s Head of Asset Recovery six months after the sale of the portfolio known as ‘Project Eagle’. Hanna was named in the Dáil by independent TD, Mick Wallace, as one of a small group of people who met multi-billion-dollar-backed US investment funds to promote the sale of the portfolio, accompanied by Frank Cushnahan, a former member of NAMA’s Northern Ireland Advisory Committee. It was also sensationally claimed at the Stormont hearings in September last that Cushnahan; Belfast accountant, David Watters; former partner in Tughan’s solicitors, John Coulter; property developer, Andrew Creighton; and former DUP leader, Peter Robinson, were to receive substantial sums from the Project Eagle sale. All denied the allegations. Cushnahan and Coulter, along with US law firm Brown Rudnick, were to take €15 million in fee payments from another US investment fund, Pimco, if its bid for the property portfolio was successful. Pimco withdrew from the process in early 2014 after its compliance officers advised that such payments would be illegal, under US law. In March 2014, NAMA informed finance minister, Michael Noonan, of the dodgy fee arrangements being offered in connection with what is the largest ever disposal of public assets in the history of the state. Instead of calling an immediate halt to the bidding process the finance minister advised NAMA to plough ahead with the sale. Noonan seemed implicitly to consider that the ethical problems were at the other end, in Belfast. And that the Belfast office didn’t really reflect on the Dublin office. The problem for Noonan and NAMA is that if Hanna is involved in wrongdoing that brings the culpability right back into the Dublin office and the remit of the Irish government. Cushnahan and Coulter then encouraged Cerberus to enter the race in the clear expectation that fee payments would be made if its bid was successful. The Spotlight programme revealed that Cushnahan misled his former colleagues in NAMA by continuing secretly to work on the Cerberus deal without their knowledge. Cushnahan confirmed in a clandestinely recorded discussion last year with Belfast property developer, John Miskelly and accountant David Gray, associate of Waters, that he was due to get a “ fixer’s fee” from the Cerberus deal. He said that he and Coulter had done “all the work on the deal” but his role was kept secret because of objections from NAMA to his involvement. Cushnahan said that Coulter moved £6 million into a holding account for him so he could be paid. During the recorded discussion, reference is made to assistance provided by Ronnie Hanna to distressed developers. There is also a description of how Peter Robinson’s son Gareth advised Miskelly to go to Cushnahan about his NAMA-controlled debts. Miskelly confirmed to the BBC that the recordings were an accurate reflection of the lunch meeting with Cushnahan and part of an effort by him to expose the financial misconduct surrounding the sale of the Project Eagle portfolio which is under investigation by the US Securities and Exchange Commission and the National Crime Agency in Britain. Miskelly claims he has handed evidence of wrongdoing to both. Cerberus has denied any wrongdoing in respect of the purchase, while refusing to provide answers to detailed queries due to the ongoing criminal inquiries. Similarly, Cushnahan; Hanna who runs a private consultancy in Belfast; and Robinson, have declined to comment further. Robinson surprised many when he announced his retirement as first minister as hearings into the Project Eagle sale were taking place last Autumn. Village documented in January how Gerry Adams had in effect telegraphed Robinson on his need – in the context of ethical issues relating to the NAMA debacle of which Adams was apprised – to reinstitute the then suspended Northern Executive. Robinson and former finance minister, Sammy Wilson, were involved in discussions with Noonan and NAMA to try to minimise the exposure to personal guarantees of a number of prominent developers in Belfast and across the North in respect of their debts taken on by the agency. Last year, it emerged that Robinson held meetings with former US president Dan Quayle, chairman of Cerberus, and had discussions on the sale with Noonan, without disclosing them to his deputy first minister, Martin McGuinness. It now transpires that Cushnahan was on three sides of the deal having worked for NAMA, some of the bidders as well as for the distressed developers. The latest explosive revelations prompted Sinn Féin leader, Gerry Adams, to repeat a call for a Commission of Investigation into the NAMA sale. Frank Connolly

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    Post-election 2016

    The general election was tedious and it’s not really clear what message it purveys. The electorate seemed jaded and the politicians delivered no memorable new policies, apart from Renua’s utterly regressive at tax proposal. Village believes that elections should be all about ideas, ideology, policy (and how best to implement them). In these terms the election and its participants were a two-out-of-ten failure. Commentators from the equally idea-free media have interpreted the results in heterogeneous ways. Every sort of theory and cleverality was deployed to describe the drearily and precariously hung Dail: a triumph of democracy, a triumph of social democracy, the end of the civil war, the end/beginning of the beginning/end of the civil war. The perennial smart view that the electorate has failed the parties got several outings. If the second-rate sages had been able to they would have loved to interpret it as a triumph of angry white men. They couldn’t. Some saw it as a victory for the small parties and independents. But the Social Democrats did not increase, Renua was wiped out, the Greens gained only two seats in an era of climate-apocalypse. The People Before Profit/ Anti-Austerity Alliance finished up with only one more seat than they had before the election, and Direct Democracy did not gure. Before the election these were the only small parties. The truth is that this election was a triumph of the interchangeable FF/FG (FG/FF) duopoly, though its trajectory has been definitively defined as downward. Ideology is what political parties apply when they run out of policies. Since most of the parties’ manifestos are short and the events to which policies must be applied are unpredictable it is reasonable to expect that your candidate will have an ideology to guide her. Village for example favours an agenda of equality of outcome, sustainability and accountability. The ideology is comprehensive, it provides a solution for any situation, and a template against which policy formulation can be benchmarked. Candidates shouldn’t have to reflect Village’s ideology, but they’d be better having some sort of one. Neither civil-war party has an ideology. It is impossible to know what they will do once elected. How, therefore, could anyone who does not live under a stone be enthusiastic about a government of FF and FG? FF is a conservative party that believes in so little that it surrendered its entire ethos to a culture of provincialism and cronyism, last time it was in government. It believes in no more now so, though it is touting a centre-left agenda there is every danger it will return to populism, short-termism and promoting the only agenda it understands – the interests of the people its representatives actually know – a cronyist populism that always finishes up favouring those who shout loudest. It is naïve to think of FF as Micheál Martin and when it is the movement it has always known itself to be, of Eamon OCuív, of Barry Cowen, of Pat ‘the Cope’ Gallagher; and tens of marginally more presentable sons and daughters of best-forgotten FF dynasts. Kevin O’Keeffe, son of Ned O’Keeffe, anyone? FG is a conservative party currently dressed up as a Christian Democrat party. The ethos is exible enough that under Garret FitzGerald it was in effect Social Democrat. In its latest incarnation it has been right of centre, at a time when most people want fairness and an improvement in services. It failed to deliver an agenda of accountability and its representatives seem to believe in little beyond sound money, ‘Europe’ and law and order. Having once appeared to be purer than FF it is now tainted by the Moriarty Tribunal report and a perceived ongoing proximity to Denis O’Brien, Ireland’s richest man, as well as by its large number of low-grade County Councillors, whose corruption record is a hairsbreadth from as bad as FF’s. Though essentially conservative, both FF and FG contain some social democrats and liberals in their midst. These aberrations and those who vote for them are delaying the day a real Social Democratic party with coherent left-of-centre platform can become a force that could anchor a government. On the other hand it is clear that more people than is desirable voted FG in 2011 to get FF out and then FF in 2016 to get FG out. These people need to acknowledge that they are forces forconservativism. The incarnation of this is the dangerously articulate Éamon Dunphy who apparently voted FF in 2016 because he really believes in People Before Profit (or Sinn Féin. It isn’t clear). Anyone who thinks that FF was the solution to our problems in 2016 is part of the problem. So what next? FF and FG should merge as a conservative party though even coalition is for the moment some way off. FF is tactically sharper than FG and FG is in retreat so it is likely FF will tantalise FG to weaken and demoralise it during this Dáil. Nevertheless the (non-)ideological compatibility of the parties has been exposed and will generate its own momentum. While allowing this momentum its space the Left of all hues must use the logic of the momentum against FF and FG, and social democrats must colonise some of the space the dinosaur parties have occupied for tragically long.

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  • Posted in:

    Democracy and war

    DEMOCRACY AT HOME General Election 2016 has thrown up an utterly unpredictable result with Fianna Fáil in the ascendant. At the time of writing the consequences of the vote including who will survive as leaders, who will be in government and who will lead the government could not be less predictable and, without resorting to metaphysics, will reflect only opaquely the will of the people. Yet we carry on as if this did not reflect in any way on the integrity of our democracy. DEMOCRACY ABROAD The Brexit referendum should have been framed on whether the UK will be in the EU, in EFTA, or independent. But, as always in these islands, the third option, the middle one, has been omitted. The outcome, therefore, is bound to be inaccurate. And given the divisive nature of the in-or-out, stay-or-leave question, it is highly likely that the ‘leave’ option will win. In a three-option poll, the ‘leave’ option will probably lose. On 20th Dec last year, Spain went to the polls… and two months later, Spanish politicians are still arguing about who should be in government. But this is par for the course. As happens in so many democracies, open and transparent elections are followed by closed and opaque discussions, as various parties wheel and deal behind closed doors, trying to concoct a majority coalition. In 2013, Germany’s four parties took 67 days to sort something out. In 2010/11, Belgium’s dozen took 451 days! Will Ireland have the same sort of uncertainty? Democracy is for everybody, not just a majority. Conflict zones like Syria and Ukraine need inclusive governance, governments of national unity. Inter alia, this should mean that elections are preferential and proportional; that power is shared in both joint presidencies and all-party coalition cabinets; while the third ingredient is preferential voting and collective responsibility in parliament. Sadly, while we preach at least some of these ideals abroad, we practice the very opposite at home: majority rule in the Dáil and the Commons, and divisive majority voting both in parliaments and national referendums. Before the Scottish referendum of 2014, it was widely assumed that ‘devo-max’, the middle option for maximum devolution, would get about 60 per cent. The ballot, however, included only the two other options, status quo and independence. The result, therefore, was a highly inaccurate nonsense. There are times, as with the election victory of Aung San Suu Kyi in Myanmar, or our own recent referendum on same sex marriage, when democracy is wonderful. On other occasions, as in the Balkans, it was downright dangerous: the 1990 elections there were little more than sectarian headcounts and “all the wars in the former Yugoslavia started with a referendum”. (Oslo- bodjenje, Sarajevo’s main newspaper, 7.2.1999.) It must also be remembered that Napoleon became the Emperor by a popular vote, one in which he, literally, dictated the question. Hitler, too, came to power ‘democratically’. In the 1924 elections, the National Socialists won just 14 seats but, in the wake of the great depression, this rose to 107 (17.6%). The subsequent history consisted of weighted majority votes in parliament (like the Enabling Act of 1933), simple majority votes in referendums in which, again, the dictator di tated the question, and war. DEMOCRACY AND WAR The focus of this article is Westminster’s democracy and the decision to go to war in Syria. Would the outcome of the debate on bombing in Syria have been different if the chosen methodology of decision-making in parliament were not majority voting? In other words, would the House have made a different decision if the procedures had allowed for a more pluralist decision-making methodology? First of all, a little background. In 2002, in the UN Security Council debate on Iraq, Resolution 1441, both France and Germany objected to the phrase “serious consequences” in Clause 13. Yet both voted in favour of that resolution. The outcome, described as “unanimous”, was (not the but) a cause of war, of the invasion of Iraq on 20.3.2003, and of the sorry story since, not least in Syria. But that outcome – 15-nil – was not unanimous! France and Germany did indeed object to the above clause, and perhaps would have objected to other paragraphs if but the procedures had catered for such criticisms. Maybe other Council members, one or other of the ten temporary non-veto powers, which at the time included Ireland, might have had policy proposals worthy of consideration. Unfortunately, binary voting means questions are dichotomous. So countries vote in favour, perhaps because the resolution is better than nothing, perhaps because of the need for international solidarity, we don’t know. There is the main resolution; there may be amendments to this clause or that, or even perhaps a wrecking amendment; but everything is yes-or-no; it is this methodology which is at fault. Majority voting was, yes, a cause of war. A MORE INCLUSIVE PROCEDURE A more accurate methodology would allow the UK and USA to propose one draft Resolution 1441; option A. If France and Germany objected to Clause 13 or whatever, they could propose an alternative wording, even if only for this one clause, whence their preference would be a slightly revised but nevertheless complete package, option B. Syria, then a temporary member of Council, might have preferred another complete package, option C. Ireland could have preferred a more obviously neutral option D, and so on. Naturally enough, countries might seek to come together in groups to favour this or that option but the first principle would remain: everything should be on the table, (computer screen and dedicated web-page). The subsequent debate would allow for questions, clarifications, composites and even new proposals (although of course, at any one time, any one country could sponsor only one motion). At various stages, participating countries could express their preferences, so to indicate where the eventual consensus might lie. Then, at the end of the debate, all concerned would cast their preferences on a final (short) list of about five options. The winning outcome,

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