John Tierney is 'wrong man for job, says McGuinness

PAC Chairman John McGuinness

PAC Chairman John McGuinness

The chairman of the Public Accounts Committee, John McGuinness, has launched a blistering attack on Irish Water, saying its boss John Tierney "is the wrong man" to lead the organisation.

In an interview with the Sunday Independent, Mr McGuinness also says Fianna Fail "must get 45 seats" or the future of the party, as well as leader Micheal Martin, will "be in question".

He has also said he has been "vilified" within his own party for speaking out.

Mr McGuinness opposed the establishment of Irish Water and has called for its abolition, but he has also accused former environment minister Phil Hogan of "doing more damage than Cromwell".

Mr McGuinness said it was a "daft idea" by the Government to establish the "super quango" without proper planning and political proofing, but has called on Mr Tierney to depart from his post.

"I know him personally from his time on Kilkenny council. I think he is the wrong man for that job, in terms of the size of the operation. What effort was made to get the skill set required to run a company like that? It was not his fault, the Government set it up, but it is now, as he took the job and is in charge," Mr McGuinness said.

In relation to Mr Hogan, who was a constituency rival of Mr McGuinness in Carlow-Kilkenny until he became EU Commissioner last year, the PAC chairman was scathing in his criticism.

"He is my constituency colleague but he had a job to do, and he botched the job of establishing Irish Water. Like everything else, they are reluctant to do a U-turn when a mistake is made," he said.

"But a big mistake was made; they should have gone back to the drawing board. It wasn't politically proofed and introducing it at a time when the country and its people were in such dire straits was crazy."

He also has railed against the huge cost borne to establish Irish Water.

"It was a daft idea to bring about this super quango when this Government promised it would abolish quangos. That has not happened. Yes, there will be problems in turning back the clock on Irish Water, but the costs of doing that would have to be considered in the context of keeping the thing going," he said.

"What country in the world would transfer €11.5bn in assets to, essentially, a private company and then pay that company €500m a year out of road tax. Nobody seems to be bothered that this money was raised out of road tax, and the roads in the counties are falling asunder."

On Mr Hogan, Mr McGuinness said 'Big Phil's' impact on their home city of Kilkenny had been disastrous, particularly his abolition of town councils.

"All you have to do is look at this city and see the legacy of Phil Hogan. He has divided our city in two. He has ruined and wrecked the structures of local government. He did more damage to it than Cromwell did when he was here," he said.

Speaking as the controversy over the conservation grant raged, Mr McGuinness said it should not be paid, it was as simple as that. It was being given to people who were not co-operating; it was a nonsense that should be stopped, he added.

Turning to the pending general election, Mr McGuinness said Fianna Fail must return with at least 45 seats or the future of the party, as well as leader Micheal Martin, was in question.

"Looking to the general election, we have to come in the mid-40s in terms of seats. It is an issue for Micheal Martin and the party," he said.

"Based on the results in the by-election here and the local elections last year, you would imagine we should be targeting the mid-40s in terms of seats.

"If you were to take the current polls, we are going to come in in the mid-30s. That would be very disappointing for the party."

In terms of coalition options, Mr McGuinness said Fianna Fail could not afford to close the door on any partner at this stage.

"If Fianna Fail gets the numbers to be a player at the table to form a government, they have to keep all of their options open. Yeah, maybe we will look at Sinn Fein, yeah we will look at Fine Gael, yes maybe we will have this arrangement of supporting a minority Fine Gael government from the opposition benches," he said.

But the PAC chairman, who has clashed with his party colleagues over his outspoken views, said the party still had not laid the ghosts of "that defeat of the 2011 election" to rest.

"I am often accused of speaking in a negative vein about everything and anything. If you don't expose the negatives, you will forever have them as ghosts in the room," he said.

"Therefore, these negatives have to be dealt with and they haven't been dealt with.

"It is like a bereavement, and we certainly had a bereavement in 2011. Fifty-eight seats, 58 of my colleagues did not come back."

He went on to talk about how he has met strong resistance to his outspoken views.

"Within my own party, Fianna Fail, I am vilified for talking about radical reform and renewal outside the parliamentary party room, because inside it nothing is ever discussed at length, and any attempt to introduce meaningful discussion or debate is met with a horrified silence.

"My first duty is to the people, not the party, and if my party will not listen, I will take my concerns to the people," he said.

Mr McGuinness said the party was still operating under the same culture that led to those 58 seats being lost.

"But what has not happened within the party is that culture which lost us 58 seats, that culture is still there. A culture of secrecy, interference from the party at national level in local affairs, the non-examination of why people have left the party, why really did Averil Power leave? Why really did David McGuinness leave?" he said.

"The dumping on individuals because they leave and the attempts to discredit them is part of that old culture within Fianna Fail. Shooting the messenger, playing the man not the ball.

"We have never dealt with those cultural issues since that defeat in 2011. No, we haven't dealt with the reasons why we lost so many seats.

"There is a lot of disquiet about it."


'We Make Our Money On Our Reputation’

Elizabeth Arnett, the current spokesperson for Irish Water and former spokesperson for RPS Consulting Engineering

Elizabeth Arnett, the current spokesperson for Irish Water and former spokesperson for RPS Consulting Engineering

On RTÉ Radio One’s This Week programme yesterday, journalist John Burke reported that, after five years and €2.2million in legal fees paid by Dublin City Council, the council has dropped its Supreme Court appeal against a High Court judgement made by Mr Justice Liam McKechnie in 2010.

In his judgement, Judge McKechnie found RPS Consulting Engineering – which had been hired by Dublin City Council to carry out a review of Dublin’s waste policy – had altered official data and waste reports to suit Dublin City Council’s agenda.

He also heavily criticised the then assistant city manager Matt Twomey.

In his ruling, Judge McKechnie said:

“In the course of the hearing, a number of draft reports, prepared by RPS and Dr Francis O’Toole were handed up to the court which contained comments written by the respondents indicating which parts of earlier drafts were acceptable to them and either deleting or rewording those parts which would not have supported their position. Whether or not the city managers were aware of this fact is, in my opinion, immaterial. Mr Twomey certainly was. Such massaging of reports which were later, in their edited versions, released publicly is a strong indicator to me of unacceptable influence in a process supposedly carried out in the public interest. Some view must have been formed in order for the process to start. However, in my opinion, the actions of the respondents in this case, and particularly Mr Twomey, go far beyond this. The indicator rigidity of mind so that from the start there could have been no other outcome. This is particularly serious, notwithstanding any subsequent public consultation. It is clear that such consultation not only did not have, but could not have had any affect on the outcome of the the variation process. It was a given from the start.”

On yesterday’s programme, Mr Burke played a clip from RPS’s then spokesperson, Elizabeth Arnett – the current Head of Communications and Corporate Service at Irish Water – after the ruling was made.

She told RTÉ’s Prime Time:

“RPS were certainly not massaging the figures and I want to categorically refute that. In producing a final report, you produce drafts and you edit and you consult with your client, to make sure you get the right result, that is the way we produce reports. That you get a report, that the figures can stand up. The Environmental Protection Agency can approve, the EPA can approve and all of the statue bodies can approve…We stand over all of the reports. We would never change fact and we would never change our opinion. We might reword, we might delete, we might sharpen up text, to edit it. We would never change fact and we would never change opinion. We make our money on our reputation to be able to provide facts and to provide opinion. I think the entire judgement is wrong.”

Readers will recall that, in November 2013, it emerged Dublin City Council had paid more than €30 million to RPS for its services over the previous ten years in relation to the Poolbeg incinerator, even though the council’s contract with RPS was originally estimated at €8.3million.

The European Commission eventually found that the contract did not conform with EU law.

Readers may also wish to recall that Jerry Grant, a former managing director of RPS from 2002 until 2012, is now Irish Water’s head of asset management.

There you go now.

Listen back in full here

Council drops appeal against Poolbeg incinerator judgment (Irish Times)


Bank's Dealt Massive Blow with High Court Judgement: Home owners celebrate

The National Land League Of Ireland click photo

The National Land League Of Ireland click photo

The National Land League Celebrate May 20, 2015

(This article was updated one day after publication: additions at end of article)

Circuit Court Con Job

There’s been a con going on in our Circuit Courts for the last few years. It’s a con that the courts, the legal profession and the banks have all been in on together and the veracity of the claim that it has been a con emerged today from the High Courts and a ruling by Ms. Justice Murphy.

Over the years, in an effort at putting efficiency before the rules of the court, the banks have been applying to the Circuit Courts for possession Orders on family homes. The Circuit Court rules are clear that only matters involving less than €75,000 can be heard in the Circuit Court. Now we know most houses are still worth more than €75,000 and to circumvent the rule the banks have, with the complicity of court Registrar’s and the legal industry, been allowing family home possession applications into the Circuit Courts claiming that the rateable value of the property is within the rules as, they claim, the rateable value of the property is under €253 odd. Today’s ruling by Ms. Justice Murphy simply blows the rateable value argument out of the water.

A home does not have a rateable value and has not had a rateable value since the early 1970s. Activists have been arguing this around the country but their arguments have been falling on deaf ears until now. Today in the High Court a jubilant appellant, appealing an Order of Possession on her home from the Circuit Court, and with the advice, support and backing of the Hub-Ireland, broke the mould. In her judgement Ms. Justice Murphy said…

“The Plaintiff maintained that it had invoked and was entitled to the provisions of the valuation act and a letter issued by the Valuations office was sufficient: both these assertions are manifestly unfounded on the evidence…….it appears to the Court on Evidence that the Plaintiff have devised and used an ad hoc non-statutory process which is devoid of legal effect, for the purpose of persuading the Circuit Court that it has jurisdiction which it does not in fact enjoy”.

What are the implications?

So what are the implications of today’s ruling? Firstly, we can expect that banks will be left with no choice but to withdraw their current applications in the Circuit Courts for possession of family homes. If you are in court over the next while demand a strike out. If an Order has been made on your home, it can be considered null and void and as having never existed. Contact your local Sheriff over the next few days and ask what the ruling means for you, meanwhile the various anti-eviction groups around the country will be forwarding the judgement to all Registrar’s and Sheriff’s and requesting their current position in light of the ruling.

You can contact the National Land League on the number below. All calls are strictly confidential and are treated with understanding and kindness. Together we are strong.

We in the National Land League and other groups are not naïve however and we know that it will be the impulse and attitude of the banks, their legal partners and indeed the courts to press on regardless. We must not allow this to happen and the ruling by Ms. Justice Murphy must be enforced primarily by all of the lay-litigants across the country that up until now have been trampled upon.

On a final note, if you are made aware of any attempts to circumvent this ruling within the courts please contact the National Land League, the Hub-Ireland and other groups to let us know. We expect arguments to be made by “the other side” that they are using the Poor Law Valuation (Griffith’s valuation) to enter the Circuit Court. This has been tried before. The PLV was deemed unconstitutional by the High Court in 1981 and this was upheld on Appeal to the Supreme Court. Once more, congratulations to The Hub-Ireland on a ground-shaking result today.

N.B.... update : A deeper analysis of the "Bank of Ireland Mortgage Bank  -and- Laura Finnegan and Christopher Ward" case within 24 hours of it's reading from the bench reveals a number of exclusions within this judgement and accordingly the author of this article  adds the following...

To clarify some details about yesterday's great win in the High Court regarding applications to the Circuit Court for possession Orders on family homes and the jurisdiction level of 75k. Having read the Judgement in its entirety a number of times now, the ruling has most significance for those who took out their mortgages between 2001 and 2009, and in which the bank's initiated proceedings prior to the 31st of July 2013 (the date that the Land and Conveyancing Law Reform Amendment Act 2013 took effect).

For those whom the bank have initiated proceedings after the 31/8/13, the ruling is not so clear in that the 2013 Amendment to the LCLRA 2009 changed the law by facilitating banks to initiate home possession cases in the circuit courts despite there being no rateable valuation (the amendment claims to enact a provision from the LCLRA 2009 retrospectively to include mortgages pre-2009).

Where the bank has stated that they have relied on a rateable valuation post 31/8/13 it is strong argument to say that they still cannot rely on this (possibly 50% of current cases). For those whom the bank have initiated proceedings post the 31/8/13, and in which the bank has not claimed to rely on the rateable value for Circuit Court jurisdiction, do not be downhearted as there are a number of possible avenues to push this over the line for you too.

The 2013 amendment is facing a constitutional challenge as we speak because it is essentially retrospective law which is an abomination to the basic principles of law. It would also appear where the loan was an equity release on a property already paid for and not for the purpose of buying a domestic dwelling, and in which the home was used as security and not a "housing loan mortgage" (this is the type of loan the LCLRA 2009 clause refers to), and this is where most older people have been trapped, the case must be heard in the High Court

Original Article


May 25, 2015 Gardai Brutality in Castlebar Circuit Court

Members of the Mayo branch of the National Land League of Ireland, assisted and supported by Integrity Ireland, gathered at Castlebar Circuit Court today (Monday 25th May 2015) to request clarity in relation to Ms. Murphy's recent judgment in the High Court regarding rateable value.

A spokeperson for Integrity Ireland said " Mr Barrett only wanted to ask a legitimate question which he had lodged with the Court in advance, but Mayo County Registrar Fintan Murphy point-blank refused to hear his question. This is a violation of Article 40 of the Constitution as well as a blatant breach of Court Rules. Mr Murphy has been reported (again) to Gardai for inciting public unrest, and Sgt Hanley has also been reported for seven physical assaults including three which caused actual bodily harm.. The full text of the criminal complaint will be lodged here in due course."