Irish Water Meter Installers Insult And Abuse Ard Na Gula Duibhe 77 Year Old Resident

May 31, 2015

Ard Na Gula Duibhe estate in Moville, Inishowen, Co Donegal completely metered by GMC Sierra Ltd installers on May 5th without the resident's knowledge, without their consent and without being notified. One 77 year old resident who did notice them at 6.45am was abused. The installer shouted into her face "your poster is a joke and you are a joke".

Statement from Mrs Rose Boyle of 15 Ard Na Gula Duibhe, Moville

"My name is Mrs Rose Boyle of 15 Ard Na Gula Duibhe, Moville. I am 77 years of age and I suffer from diabetes. On the morning of May 5th at 6.45am I noticed from my front room window an unmarked white van outside of my house and one man kneeling down at my water valve. I went outside and approached the man and asked him several times what he was doing. He ignored me and continued working. Suddenly another man got out of the unmarked van and very quickly approached me. he put his face right up against mine and shouted loudly "what's your problem?" I said if he is installing a water meter I want him to stop and I pointed to the 'No Water Meter Here' poster clearly visible on my front room window. He shouted into my face "You're poster is a joke and you are a joke." I immediately felt very frightened and intimidated. It took all the strength that I had left to go back inside my house where I have to admit I became very upset. This should not have happened to me."

Statement from Ard Na Gula Duibhe Residents

Mr Eddie Farren spoke on behalf of residents "Mrs Bolye is one of the oldest and most respected residents of this estate. This outrageous treatment of her by the Irish Water meter installers is unacceptable and will have to be investigated. It has to be condemned by all right thinking people.

No one in our estate knew that we had a meters installed even though we all had 'No Meter Posters' up on our windows. We were not notified by Irish Water. One resident Patrick Mc Gilloway, no 1, had no water for 2 days until he investigated his stop valve and found that it had been switched off and had a meter installed.

We call on our public representatives to insist on an investigation as to how this was allowed to happen in the first instance. Mrs Boyle is due a personal apology from Irish Water, as indeed are rest of the residents of this estate who have had water meters installed without proper notification and without permission."

Enda Craig, Moville Anti Water Charges group

Rules And Agreement Broken by Irish Water Meter Installers

Enda Craig, Moville Anti Water Charges, said that every facet of this incident is synonymous with abuse. This will be reported to all the relevant authorities especially irish water and An Garda Síochána. We are calling for an immediate and independent investigation into this affair. Irish Water must extend an unconditional personal apology to Mrs. Boyle. Also we demand that all water meters illegally installed without proper notification, both here and in the rest of the Inishowen peninsula must be removed.

Mr Craig said :

"1. Irish Water agreed every resident would receive 2 weeks notice, then a 2 days notice and then the installers would knock on doors to advise residents of the imminent water meter installation. None of that happened on this estate.

2. Irish Water meter installers are permitted to work between 7.30am and 7.30pm. In Mrs Boyle's case installers were working at 6.45am. How long before that were they in Ard Na Gula Duibhe Estate?

3. The first installer refused to acknowledge Mrs Boyle. This is 'passive aggressive behaviour' and amounts to abuse.

4. The second installer verbally shouted into Mrs Boyle face that 'she was a joke and her poster a joke'. This resulted in her becoming very upset and frightened. She has still not got over this abuse.

5. The installers showed no identification on their person or on their vehicle. Against Irish Water's stated protocol.

6 They failed to show any identity.

7. They disconnected Mrs Boyle's water supply without any notice.

8. They deliberately ignored 'No Meter Here' poster in Mrs Boyle's window and a verbal request to stop work.

9. Mrs Boyle had not signed any contract with Irish Water..

Irish Water Can Not Be Believed

GMC Sierra Ltd which, owned by Denis O'Brien, is sub contracted by Irish Water to install meters in this Inishowen. They started secretively installing meters here in mid April 2015. They have not been adhering to Irish Water stated protocols in relation to installing meters. See below Irish Water protocol.

Of course none of the protocols stated in this clip by Irish Water has happened to date in Inishowen. The abuse of residents by Irish Water contractors in Ard Na Gula Duibhe in Moville is not an isolated incident. See Buncrana Together previous articles, here:Irish Water in Moville Co DonegalTreatment of Woman Appalling and again here: Buncrana Against Irish Water Press Release Irish Water Insulting Inishowen Community All incidents have been reported.

Incidence of Abuse Not Being Investigated. Ignored by Local Politicians

To date these incidents have not been investigated. Residents have not been contacted by either Irish Water or An Garda Síochána.

All local politicians in the area have been notified and are well aware of what is going on. Apart from Sinn Fein councillors, none have raised the slightest objection nor have they contacted residents. In the case of 77 year old Mrs Rose Boyle she has been left on her own to deal with the aftermath of that gruesome ordeal.

Inishowen Independent May14, 2015

Below Mr Enda Craig, Moville Anti Water Charges, responds on Highland Radio to what he describes as a meaningless apology letter from Irish Water.

Inishowen Indepentent May14, 2015

In a later Inishowen Independent article May28th Irish Water praised the professionalism of it's staff and told the newspaper "Most of the metering teams are local workers and it is a testament to their professionalism and dedication that all incidents have been managed in an appropriate manner and that the overall targets for the metering programme continue to be met within the demanding quality standards."

Update :

All metering in the Inishowen peninsula has been halted. An Irish Water spokesperson said last week in the Inishowen Independent " there have been a number of instances of targeted aggression towards individual members of the metering teams in the Inishowen and Glenties areas of Donegal, which has necessitated the temporary cessation of works by the regional contractor, GMC Sierra, in these areas. Individual incidents were reported to the Gardai and are being investigated." However, local anti water charges campaigners flatly rejects Irish Water claims.

Buncrana Together will do a follow up on this controversy including a protest in Ard Na Gula Duibhe estate.

Turkish Court Shuts Down 50 Turbines: Yaylaköy Residents Delighted at 1st Chance to Sleep in Years

May 26, 2015

See below for closer to home article on wind turbines

One of the myths pedalled by Australia’s self-appointed wind farm noise, sleep and health ‘expert’ (a former tobacco advertising guru) is that the known and obvious adverse health impacts from incessant turbine generated low-frequency noise and infrasound are a cooked-up “phenomenon”, exclusive to the English speaking world. Trouble with that little tale is that’s been scotched by the Danes:

Turkish Court Cans 50 Giant Fans so residents can sleep, at long last.

Vestas’ Danish Victims Lay Out the FACTS
Denmark Calls Halt to More Wind Farm Harm

And the Germans:
German Medicos Demand Moratorium on New Wind Farms

And the Tawainese:
Winning Taiwanese Hearts and Minds?

And, now the Turks. As this article lays out – in terms so simple, that even tobacco advertising gurus should be capable of understanding them.
50 operating wind turbines stopped by the court!
BurGün
18 May 2015

The Administrative Court in Ankara has ruled that fifty operating wind turbines in Karaburun be stopped. The locals of Yaylaköy, Karaburun are delighted with the court decision. It is 20 days since the wind turbines stopped working.

From the beginning of the struggle to protect their village from the adverse affects from the Wind Power Plants that are spreading all over the peninsula, the local people have finally received good news.

The Administrative Court, ruled in April that even if fifty wind turbines are already operating, the activities have to be halted since the environmental damage is irreversible. First an EIA report will have to be issued. The wind turbine company’s request to continue to run their turbines meanwhile, was also denied by the court.

THE FIRST DECISION

The lawyer Cem Altiparmak said the decision would be a first in the country. Mr. Altiparmak states that there are very few court cases related to renewable energy.

In this area the law is insufficient, there are no precedents, so we have to live it to get experience. “A number of license revocation proceedings have started in our country. Our court ruling is one of the first and will have an impact on up-coming cases.

What has happened?

İzmir Governorship Provincial Directorate of Environment and Urban Development, had issued a “EIA Not Required” to install 166 MW in the Karaburun Peninsula.

8 years later when EMRA issued a new license for another 50 turbines to the same company leaning on the same “EIA Not Required” document, the residents of Yaylaköy and the environmental movement Karaburun City Council sued EMRA – The Energy Market Regulatory Authority.

The court ruled that this is against the law and if allowed to operate the damages will irreversible therefore all operations have to be stopped until an EIA investigation has been performed.

The court decision has given hope to the local people as well as other people in Cesme, Bodrum, Datca and Urla where wind turbines projects are being planned without any public consultation. All these projects have been issued with an EIA Not Required”.

Hopefully this Wind turbine project will not be able to operate again and for the first time in years the people in Yaylaköy are able to sleep comfortably and we will continue to work for that, says one man from the village.

**The value of “a good night’s sleep” is the same in any language**

Original Article stopthesethings.com

Closer to Home Recent Wind Turbines News

You Must Be Joking, Mr. Kelly!!

The Independent reported on 25 May 2015 that the Labour Party parliamentary party will this week debate proposals to introduce new restrictions on the development of wind turbines close to people’s homes. Apparently Labour TDs and senators are demanding changes in “set-back distances” and the introduction of a cap on the size of turbines.

“Environment Minister Alan Kelly is understood to be considering plans to increase the distance required between homes and turbines from 500m to 700m.”

There are two things very wrong with this statement. Firstly, 200 extra metres will not make any difference at all to the nearby residents’ health and quality of life. Secondly, the debate on setback distances conveniently avoids the more important debate as to whether we need wind farms at all, given the dramatic over-supply of these monsters already, and the undue emphasis placed on wind-energy to the detriment of other renewable energy sources.

Minister Kelly, enough of this nonsense. When the 2006 Guidelines were published, recommending a setback distance of 500m, wind turbine heights were on average 54m tall. The turbines being used in Ireland are at least 3.5 times as high, some 185m tall.

This graphic from Harvard University shows how wind turbines have grown over the years. That graphic is now five years out of date, with industrial turbines growing even larger in the interim period – the maximum height shown here of 100m has almost doubled in the last five years.

Accordingly, at the moment we should be talking about a minimum set-back distance of 1.5 km to obviate the health dangers of noise. The proposed 700 m is still less than half this minimum distance. When taking into account the flicker effect, a minimum set-back distance of 3.00 km seems reasonable.

When one considers how wind turbines are continuously increasing in size and power, it might be prudent to talk about a distance of 5.00 km? Given how long it takes to amend these guidelines, perhaps we should plan for the future? Or an even better idea, why not stop building them?

The Labour Party wonders why it has zero-credibility with the Irish public. When they pull stunts like this, I am surprised at their surprise.

The Law is my Oyster article

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

May 25, 2015

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."