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    Oxymoron

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    By 2040 we expect that an additional one million people will live in Ireland, an additional two-thirds of a million people will work here. An ageing population and smaller family size mean that we will need an additional half a million homes to accommodate this growth. Project Ireland 2040 purports to address this. It consists of the National Planning Framework which sets out a spatial strategy for Ireland, to accommodate in a “sustainable and balanced” fashion these significant demographic changes. It is the overall Plan from which other, more detailed plans including city and county development plans and regional strategies will take their lead. Learning from past experience, the NPF is backed up by an infrastructure investment programme, the National Development Plan. This National Development Plan sets out the significant level of investment, almost €116 billion, which will underpin the NPF and drive its implementation over the next ten years. €91 billion in Exchequer funding for public capital investment has been allocated and will be supplemented with substantial investment by commercial State Owned Enterprises. This increased level of resources is expected to move Ireland close to the top of the international league table for public investment, from a low post-crash base. In short, the State’s infrastructure investment – the money – should be guided by and follow the Plan. That is what makes Project Ireland 2040 different and a significant innovation in Irish public policy. What is not different is that it does not have teeth, particularly to stop market-driven development that is incompatible with the vision. Project Ireland 2040 is about enabling all parts of Ireland to achieve their full potential. It seeks to move away from the current, developer-led, business as usual pattern of development, to one informed by the needs and requirements of society. This means seeking to disrupt trends that have been apparent over the last fifty years and have accelerated over the past twenty. It purports to aim to ensure that rather than have excessive population growth focused on Dublin – as is the current trend – that 75% of all population growth occurs in the rest of the country.The immediate priority is to increase overall housing supply to a baseline level of 25,000 homes a year by 2020, and then a likely level of 30-35,000 annually up to 2027. 112,000 households are expected to obtain social housing over the decade. A new €2 billion Urban Regeneration and Development Fund will aim to achieve sustainable growth in Ireland’s five cities – Dublin, Cork, Limerick, Waterford and Galway – and other large urban centres, incentivising collaborative approaches to development by public and private sectors. It aims to secure at least 40% of future housing needs by building and renewing within our existing built-up areas, whether they be in the many villages and towns in need of regeneration or in our cities and larger towns where there are also huge opportunities for city and town centre regeneration. Of course the corollary of this is that an unsustainable 60% of future housing need will be met on green-field sites. It targets a level of growth in the Northern and Western, and Southern, Regions combined to at least match that projected for the East and Midland Region. It will support the future growth of Dublin as Ireland’s leading global city of scale, by better managing Ireland’s growth to ensure that more of it can be accommodated within and close to the city. It supports ambitious growth targets to enable the four cities of Cork, Limerick, Galway and Waterford to each grow by at least 50% to 2040 and to enhance their significant potential to become cities of scale. It recognises the extent to which Sligo in the North West and Athlone in the Midlands fulfil the role of regional centres. It recognises Letterkenny in the context of the North-West Gateway Initiative and Drogheda- Dundalk in the context of the Dublin- Belfast economic corridor. It seeks to strengthen our rural fabric, by reversing town/village and rural population decline, by encouraging new roles and functions for buildings, streets and sites, and supporting the sustainable growth of rural communities, to include development in rural areas. That’s one- off housing. Anyone who follows this will see that there’s not much sense of anything being ruled out, and indeed almost everything seems to be ruled in. That suggests it won’t all happen. And the determinant of what happens and what doesn’t will, as usual, be the market – which will skew to Dublin and its hinterland, and of course one-off housing whose site costs are negligible (for those lucky enough to own rural land) but which pose difficulties for sustainability: economic, social and environmental. It costs more to service far-flung housing with broadband, and everything else. One might quibble with elements of the plan. Dr Edgar Morgenroth – Professor of Economics at DCU and a primary author of the document – said that plans for the €850m motorway between Cork and Limerick would undermine the proper growth of “second tier” cities in Ireland. He rejected claims by An Taoiseach Leo Varadkar that the motorway would encourage the cities to grow faster saying it would instead lead to sprawl. He told ‘Morning Ireland’ it was important “to put the infrastructure into the cities, not between them”. “Once you put the motorway between two cities what you’re doing is getting more sprawl. So you’re undermining your own strategy”, he said. Morgenroth also said that building a new motorway undermined a commitment by government to reduce carbon emissions. The NPF will also have “statutory backing” overseen, quasi-independently, by the new Office of the Planning Regulator (OPR) – a key recommendation of the Mahon Tribunal.   Unfortunately this particulator Regulator will not regulate but rather advise others whose motivation may be political and short-termist. A regulator who does not regulate. There has been much light-free heat, led by Sinn Féin which even claimed to be seeking a legal opinion, about the failure of the government to put the NPF to a parliamentary vote but instead to include

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    Unruly

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    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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