Platitudes and bromide in Ireland's political scene

In this article Enda Craig reponds to Deputy Paul Murphy’s , short but altogether, unsatisfactory explanation on facebook yesterday that Solidarity did not support the removal of the 9.4 Exemption from the Oireachtas Water Committee’s report. 

by Enda Craig

Deputy Murphy’s response together with the lack of a credible explanation from those who we were led to believe were the ‘good guys’ like Solidarity, People Before Profit, Sinn Féin and Independents, to my serious accusations in Buncrana Together, When the Dust Settles where I accused representatives of doing deals in the Oireachtas Water Committee and selling out the anti water charges movement, brings up thoughts of just what these Irish politicians mean when they talk about ‘Peoples’ Power’, ‘Mass Movement’ or ‘Grass Roots’.

When it comes to platitudes from the left in Ireland be it Solidarity, PBP or those in the somewhat more hazy left or right category, Sinn Féin, it baffles me what they mean.  Especially when I believe that the ‘grass roots’ are looking for some honest answers. After all when it comes to people's power, honesty and information is the key. 

You know, to my mind, this is not far away from the bromide one hears, all too often, from the mainstream parties such as Fine Gael and Fianna Fáil when they say they are working hard on behalf of the nation, or constituents or to quote an often Sinn Féin cliché, ‘we have a mandate’. Euphemisms like these are really for keeping the masses in the dark, clichés to give people the impressing that their opinions count and platitudes to hide what they really want or are doing, like the opposite, acting in their own self interest. But the masses, so long as they are controlled, are needed every so often to march up and down O’Connell Street or every four years at election time.  It is condescending.

Murphy’s reply

″Solidarity did not support the removal of the reference to 9.4 in the Water committee report. We opposed the Water Committee report for various reasons, including the charging for 'excessive use' and the retention of Irish Water as a commercial entity. Our position was well explained on the Committee and in the ongoing Dáil debate on the legislation. Regardless of the legal situation, we believe that if people organise to oppose the imposition of charges in the future, it can be defeated and the law turned into a dead letter, just as it has been for the last 3 years″

 

This is an answer Sinn Féin could just as easily come up with. Even Fianna Fáil on the face of it were against Irish Water and Water Charges but behind the scenes both conjured up ‘excessive charges’, metering and the establishment of Irish Water.

What Mr Murphy or indeed any of the Right2Water TDs did not answer was to explain in detail why subsequent to the Oireachtas Committee debate on January 15th, 2017, in which two Senior Councils advocated the retention of the 9.4 Irish Domestic Water Exemption, that no mention of this can be found in any report, especially the ‘Confidential Draft Final Report’.

This is the report Solidary and R2W TDs fully accepted and supported when Deputies Paul Murphy, Richard Boyd-Barrett, Brid Smith and Mich Barry spoke on video on the night of April 5th 2017 when they rushed to be the first to announce to the world a ‘victory’ for the Anti-Water Charges campaign.

 

Solidarity and People Before Profit speaking outside Dáil April 5th 2017

Mr Murphy might care to explain his enthusiastic comments on the video that ‘there will be no excessive usage charge’. I would think we deserve an answer to that especially in light of their failure to explain Sinn Féin’s behind the scenes deals with regard to ‘Excessive Charges’’ or indeed Right2Water Unions agreeing with them in the Oireachtas Committee.

In relation to his comment that″Solidarity did not support the removal of the reference to the 9.4 Exemption in the committee’s report″,  I am not aware of anyone making that specific accusation. My contention was that the 9.4 was never included in the report in the first place and no one complained about it. An altogether serious reality.

I would like Mr Murphy to show me detailed evidence that he fought tooth and nail, subsequent to the legal debate on January 15th , to have the 9.4 Exemption included in any Committee report. A bland statement like ″our position was well explained on the Committee and in the ongoing Dáil debate on the legislation″ does nothing to clarify his actions in relation to accepting a report with proposed progressive charges in the place of the 9.4 Exemption. The details of his attempts to retain the 9.4 and to have it included in the committee’s report are now required to justify his so far unsubstantiated claims that he did fight for them. Murphy’s claim regarding his position to the 9.4 is not documented anywhere, as far as I am aware. I would like to be proved wrong.

Just to be precise the time-frame I am referring to is subsequent to the January15th session and up to when the Committee’s Confidential Final Report was published on the 5th of April.

I spoke to the Oireachtas Committee secretary, Mr Thomas Sheridan, on the phone and his reply was confirmed in writing to Michael Mooney that after each session the Committee members would meet in private session and decide and agree which parts of that session would be included in the Oireachtas Committee report.

The most critical of all decision to drop the 9.4 Exemption and any mention of the January 15 debate and replace it with 'progressive charges' was made at that point.  It is not unreasonable to think that if there was a deal done behind their backs,  Mr Murphy or any of the R2W TDs should have raised hell at that point.  They should have explained to the anti water movement what was happening during all those private sessions.  And they should now explain why the 9.4 Exemption to water charges was left out of any report.  After all how can you have an 'Exemption to Water Charges' and all that it entails and what we now have 'progressive water charges' at the same time.  That is a contradiction.


When the Dust Settles

by Enda Craig

On Thursday evening, when the dust settles, after two full days of ' fake arguments' in the Dáil we will not be one centimeter closer to saving our 9.4 Irish Domestic Water Exemption. Why? Well because it’s like trying to close the gate after the horse has bolted.  It’s merely a distraction, just playing to the gallery and the media or another way to look at it ‘electioneering’.  The time for the R2W politicians to take a stand is long past.

Paul Murphy, Solidarity TD and Eoin Ó Broin , Sinn Féin TD are both former members of the Oireachtas Committee on Funding Domestic Water.  Being from legal backgrounds they will understand the significance of the omission of any mention of the 'Established Practice' clause in the committee's report and indeed the ramifications of a possible Judicial Review.

For instance,  I could go back to February 2016 when after the General Election there was an great opportunity to take a stand and refuse to accept any move to diffuse the momentum of the anti water charges movement.  Instead the so called R2W politicians accepted and even encouraged the establishment of a so called Independent Water Commission and an Oireachtas Committee on Funding Domestic Water.  One hundred years after the 1916 Irish Rising the leadership could have once again taken a stand but instead they took part in the establishment's subterfuge.

After the 2016 General Election a Fine Gael and Fíanna Fáil'Programme for Government' was devised and agreed.   This was clearly set up to counteract the mass opposition to Water Charges and take the wind out of the sail of the successful campaign. The tactic was devised not only as a result of the General Election where the result was directly influenced by the mass opposition to water charges but also it was necessary because of the the European Commission’s Eurostat's classification of Irish Water in July 2015 the previous year.  The Eurostat decision not to allow Irish Water to go off the State's books must have shocked the establishment.  Again this came about through the national anti water charges' movement and their refusal to accept Irish Water and pay water charges.  No doubt Fine Gael needed to save face and devise a different approach one that might take longer but one that will ultimately get them what they wanted.  Thus was born 'the 'charging for excessive use' approach presented to them on a plate by Sinn Féin in their R2W European Citizen Initiative in 2015.   The Programme for Government including the suspension of charges, the Independent Expert Committee and the Oireachtas Committee on Funding Domestic Water was also in line with that presented by Fíanna Fáil’s Barry McGowan at the McGill Summer School in Donegal in the Summer of 2015 (https://www.fiannafail.ie/10094/ ) where he said

Fianna Fáil maintains its call for the immediate suspension of charges. Domestic charges should only be introduced when the national infrastructure is brought up to standard.

After the general election the R2W TDs should have run a mile from such an establishment plan. However, they ran the other way, straight into its arms,  not only taking part, but in my view they aided and abetted the Government tactic for their own political ends.

We have now witnessed this agenda coming to fruition as the ‘ongoing opposition to water charges' where the establishment left, particularly Sinn Féin and Solidarity and People Before Profit can now dine out on it for the foreseeable future sniping at the heels of Fíanna Fáil.  Even the R2W Union leadership are in on this politically lucrative ‘permanent opposition to water charges’ act. The old adage ‘never trust a politician’ comes to mind or as Richard Armour said

″Politics, it seems to me, for years, or all too long, has been concerned with right or left instead of right or wrong. ″

However, it is the more recent Oireachtas Committee on Funding Domestic Water, who eventually delivered it’s controversial report last April over a year since the General Election that shows up the duplicity of it’s members including the R2W TDs. The Committee was nothing short of playing to the grandstand where it’s members including the five R2W TDs were clearly basking in the limelight in the public sessions but in it’s 21 private sessions it was an altogether another affair. This duplicitous grandstanding was clearly demonstrated by the lack of any mention of the Ireland’s 9.4 Exemption or indeed any mention of the full day session of February 15th.  Anyone genuinely supporting the mass movement would have been up in arms at this omission and clearly the February 15th session showed that they all knew how important the question of Ireland's 9.4 or 'Established Practice' was.

Judicial Review, show by actions and not words

I asked a legal friend of mine for his opinion about the exclusion of the 9.4 Exemption and the February 15th session from both the ‘Confidential Final Draft Report’ or the ‘Final Report’ of the Oireachtas Committee on Funding Domestic Water Charges.  He advised that a Judicial Review against the Government for the non-inclusion is indeed very possible.  The fact that ' Established Practice and the 9.4 Exemption ' was given one full day of debate, including submissions of two Senior Counsel, establishes that this sector of discussion as " Material Information " and by normal legal right should have been included in the reports.

If any of the R2W TDs or R2W Union bosses had the slightest interest in retaining the 9.4 Exemption they could have and should have instigated a Judicial Review back in April 2016 to save the 9.4 Exemption and have it inserted in the Committee's report as of right.

No one would know this better than Deputies Eoin Ó Broin and Paul Murphy with their extensive legal knowledge. Instead they have been encouraging ' meaningless ' River Basin Management Plan submissions and proclaiming their bona fide anti water charges credentials in the Dáil.

Maybe I could suggest to them that an opportunity still is available until October 6th to save the 9.4 Exemption when the Statute of Limitations runs out on a Judicial Review.


Oireachtas Committee on Funding Domestic Water - A Collusion in Secrecy

A Freedom of Information (FoI) request sent by us on the 8th September 2017 to the FOI Co-ordinator, Oireachtas Service, has been refused by Mr Thomas Sheridan, Clerk to the Joint Committee on the Future Funding of Domestic Water Services.

by James Quigley

We requested information on 21 private sessions, including voting preferences and agreements of members of the Joint Committee on the Future Funding of Domestic Water Services that concluded business in highly controversial circumstances in April this year.

We asked the FOI Services for

“all submissions, records and minutes of all Private Sessions and any information other than was made public through the Oireachtas site, relating to the Joint Oireachtas Committee on the Future Funding of Domestic Water Services, that took place between 13th December 2016 and 11th April 2017.

We believe there were 21 meetings in total and all had private sessions and submissions that were not made public.

We believe we have a right to know what took place in our name, who voted for what and what is the actual truth of events during those proceedings.

We are particularly interested in the 15th February 2017 sessions and all the 10 'Private Sessions' between 28th February 2017 and 11th April 2017.”

Mr Sheridan replied

″I have reviewed your request, and have considered all of the records to which you refer in the context of the specific provisions in the Freedom of Information Act 2014. Arising from that review, I do not believe that any of the records to which you have requested access falls to be released under the Act, as the Freedom of Information Act 2014 does not apply to those records. ″

(Read Mr Sheridan’s full reply here)

 

Facts kept under lock and key

So other than an appeal of Mr Sheridan’s decision, (costing €30), it seems we are not going to be made any the wiser about the many private sessions of the water committee. We suspect that there were many private deals done between individual Oireachtas members and parties, such is the nature of the sordid political game.  We know we will not unearth that information, other than some honest member with integrity divulging it.  However, we should expect openness and transparency especially in any public representative body such as an Oireachtas Committee and it is a shame and indeed it is ‘fingers up to democracy’ when such a simple thing like knowing what our representatives agreed to or voted on, is being kept under lock and key.

What we do know is the fact that the most important session of all, that of February 15th, including the highly significant paragraph 9.4 of the Water Framework Directive, never got into any final committee report.  (see references)

 

Mr Sheridan sheds light on secrecy

The collusion of all members of the committee in this secrecy and what can only be described as the deliberate omission of the Irish Exemption or any reference to the February 15th session was corroborated in a phone conversation between Thomas Sheridan (Oireachtas secretary) and Enda Craig (Buncrana Together) two weeks ago when Mr Sheridan revealed that contents of reports by the committee was discussed and agreed beforehand by the committee members.

If Mr Sheridan's explanation is the case then surely the corollary to that is that any omissions were also agreed.

 

Chairman gone AWOL

For a fuller picture of this overt 'collusion in secrecy'  it might be interesting to know that a letter was also emailed a month ago to the 'independent' Oireachtas Chairman, Senator Pádraig Ó Céidigh asking why the February 15th session was completely omitted in any report.  We have not receive a reply yet.

References:
The dilemma of paragraph 9.4, our democracy, the Oireachtas Water Committee and Right2Water Ireland

Clouds of suspicion over omission of 9.4 Exemption in Oireachtas Water Committee report

Michael Noonan 'Water Charges Required Under European Law' is a Lie