Tag Archives: law

Where does the legal right to a 5y GREXIT exist?

The proposal by the German finance minister, and agreed to by others, that Greece take a five year break from the Eurozone is astounding. Its not so astounding that a man who has been musing on this for years has now tabled it. Schauble has as far back as 2012 been wanting this. What is astounding is that he had the gall to table it at the Eurogroup. Given that the Eurogroup is self admittedly a body with no legal basis or structures, I suppose they can do whatever they want. But when it’s a group of finance ministers musing on something ultra vires we should be concerned. And what they are doing, or proposing to do, is exactly that. Continue reading

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Dáil Privilege and Publication – You Can Publish and not be Damned

Dáil Privilege and Publication | Constitution Project @ UCC.

Really interesting piece by a noted constitutional lawyer. Can the media publish the Dail proceedings with the allegations of Catherine Murphy TD? Probably.. see below

Continue reading

Anglo, Politicians and the bogs…

I kinda like Joan Burton. No, not in strange way, but she always seemed (at least in 2008-9-10) to have a good solid handle on the banking calamity. It’s a pity she got the smeared end of the stick when labour went into government. Actually, when you think of it – labour got the ‘go away out foreign and don’t bother us’ Foreign Ministry post for its leader, the ‘minister for hardship’ for Howlin, the ‘minister for rolling back the welfare state’ for Burton and all for what?

Anyhow, I kinda like her.

I have no animus towards Billy Kelleher TD either. I have met the man once, over a coffee at a summer school and he seemed an affable enough version of FF V2.03, Haughey free and not too infected with the Bert virus.

That said, the interplay between the two of them on the RTE Saturday news show “Saturday with Claire Byrne”  (what used to be Saturday view when Rodney Rice ran it) was enough to cause me to begin to lose the will to live. In fact there were two episodes, either of which would cause one to lose hope in the ability of the Irish political system to take any form of action.

The first interplay was around the Anglo tapes. Claire Byrne asked both of them their reaction and also about  the allegations (which I note here) by the Taoiseach that the main thing from any inquiry was to uncover collaboration between FF and the bankers (because we didn’t know that they were close….). All round the country people are outraged at the arrogance and petulance of the anglo dudes and still, for we are a charmingly naieve people, look to the political class for leadership and some indication that there will be justice or even vengeance. Instead of a measured reaction from two intelligent people about the tapes, about the constitutional problems of the dail holding inquiries that apportion decisions and blame, about the nature of banking and finance, we got…squabbling. Political point scoring, squabbling, polite point scoring and name calling, and a degree of disconnect from the issues that was dispiriting. It’s a game. What we have in politics bears as much resemblance to the concerns of the ordinary world as Kabuki theatre does to the realities of modern day Japanese life.

The second spirit sapping discussion came at the end, neatly bookmarking a show that resembled a political sandwich with a policy vacuum as filling. We heard about the turf cutting standoff. Farmers had moved heavy machinery onto protected peat bogs and were engaging in strip-mining it.  Lets be clear – this wasn’t a few auld lads with sleans and bottles of tae but commercial contractors, doing to protected boglands the same as illegal mahogany loggers do in the rainforest .  This was being done on boglands that were designated special conservation areas under EU and Irish law. There were police present including a superintendent, a senior officer. The reporter noted that they were leaning over a ditch observing the law-breaking…observing it mind, not stopping it, not arresting those engaging in it, looking on at it. Again here was an opportunity for our political leaders to show leadership. During the show we had talked about the need for the Anglo issues to be dealt with, in criminal court if needed. We had talked about the legal aspects of the dail inquiry and on the need for forensic and detailed examinations of what happened when where and how. Then we moved onto flagrant, public, mass law-breaking in front of police….the two politicians hemmed and hawed, admitting that yes it was a breach of the law but there were circumstances, issues, complications etc.  I asked how many of those breaking the law on the bog would that evening be supping stout in the pub decrying the anglo chaps and urging the full rigor of the law to be applied, to silence.

If we don’t get leadership, if we cant get leadership, from two intelligent thoughtful politicians, if we cannot get them to urge on national radio that the law be respected fully and it be challenged by legal peaceful means only as we are a mature and peaceable democracy, then we wont be always. People will rightly despair that a state which allows open defiance of a senior police officer who is not then supported 100% by politicians, that that state can ever come to grips with as complex a catastrophe as the banking crisis that has engulfed us.

 

The cost of legal advice to Irish Institutes of Technology

How much do institutes of technology and universities spend on external legal advice? Thanks to the indefatigable Peter Mathews TD we now have the information for the IoT sector. See below the total external spend on legal advice per annum, broken down between HR and other issues.

Some interesting figures here.  What was going on in LIT in 2002 (400k non HR) and 2007 (116k) ;  What is the story in Cork IT spending over 100k on non HR related legal fees every year since 2006? ; What about IADT, the smallest of them all, and its non HR legal spend in the last few years? ; similarly IT Sligo has a few non HR spends over 100k in 2009 and 2012?; DIT and WIT seem to be veritable gold mines for the lawyers ;  whats going on in Athlone that it spends so much on external legal fees related to HR issues?

Im sure that there are perfectly good explanations for these spending but it might be nice to see them. At times of stringent resource constraints one has to wonder also if these spends are wholly justified. It is in my experience and opinion a relatively easy way out to throw law at a management, HR or structural problem when the best solution might be an internal resolution. Lets bear in mind that while there has been change the legal profession still charges massive fees.

Human Resources

 IITR

 ITB

 LIT

2001

 €19,066

 €5,000

 €-

2002

 €36,416

 €-

 €-

2003

 €40,270

 €22,000

 €-

2004

 €24,192

 €44,000

 €-

2005

 €17,729

 €11,239

 €-

2006

 €52,256

 €1,951

 €-

2007

 €64,111

 €16,177

 €-

2008

 €54,676

 €24,424

 €-

2009

 €9,383

 €7,828

 €-

2010

 €50,125

 €10,361

 €-

2011

 €41,570

 €3,360

 €-

2012

 €39,644

 €23,845

 €20,006

Non HR

 IITR

 ITB

 LIT

2001

 €8,171

 €-

2002

 €15,607

 €49,850

 €417,993

2003

 €16,448

 €-

 €84,662

2004

 €10,368

 €-

 €23,628

2005

 €7,598

 €-

 €64,882

2006

 €22,395

 €12,775

 €11,154

2007

 €22,586

 €780

 €116,282

2008

 €34,580

 €12,539

 €17,653

2009

 €24,761

 €3,150

 €65,696

2010

 €18,290

 €1,391

 €13,543

2011

 €16,979

 €4,355

 €90,088

2012

 €17,811

 €2,799

 €55,009

Human Resources

 LYIT

 GMIT

 CIT

2001

 €17,000

2002

 €15,000

2003

 €21,000

2004

 €4,923

 €36,169

 €35,462

2005

 €58,774

 €40,141

 €37,000

2006

 €1,062

 €65,563

 €36,000

2007

 €23,595

 €46,365

 €78,000

2008

 €28,354

 €88,013

 €34,231

2009

 €1,276

 €19,749

 €63,000

2010

 €2,390

 €45,940

 €86,000

2011

 €14,356

 €48,980

 €96,000

2012

 €4,637

 €91,802

 €85,000

Non HR

 LYIT

 GMIT

 CIT

2001

 €38,569

2002

 €34,414

2003

 €17,130

 €54,361

2004

 €6,118

 €2,463

 €98,630

2005

 €1,331

 €1,367

 €60,779

2006

 €2,093

 €3,759

 €106,557

2007

 €3,977

 €-

 €232,858

2008

 €7,547

 €4,733

 €175,027

2009

 €28,833

 €2,066

 €118,003

2010

 €17,465

 €19,228

 €229,309

2011

 €29,106

 €56,703

 €350,414

2012

 €8,307

 €1,485

 €129,687

Human Resources

 ITS

 IADT

 ITTD

2001

 €12,217

2002

 €6,679

2003

 €-

2004

 €-

2005

 €1,301

2006

 €-

2007

 €9,300

2008

 €4,150

 €-

2009

 €1,116

 €2,097

2010

 €10,206

 €1,608

2011

 €17,479

 €877

2012

 €2,517

 €1,040

Non HR

 ITS

 IADT

 ITTD

2001

 €45,033

 €9,973

2002

 €15,486

 €40,310

2003

 €30,604

 €86,077

2004

 €22,954

 €-

2005

 €17,885

 €21,955

2006

 €27,453

 €38,687

2007

 €49,078

 €36,949

2008

 €34,584

 €52,447

 €64,877

2009

 €169,110

 €24,045

 €25,547

2010

 €72,734

 €70,583

 €51,684

2011

 €55,444

 €169,000

 €14,946

2012

 €159,630

 €229,000

 €29,863

Human Resources

 DIT

 WIT

 DKIT

2001

 €130,793

2002

 €130,793

2003

 €90,114

2004

 €112,422

 €22,770

2005

 €189,842

 €8,260

2006

 €146,072

 €42,944

 €6,329

2007

 €271,347

 €32,050

 €9,279

2008

 €38,686

 €12,677

 €9,755

2009

 €234,134

 €15,677

2010

 €88,477

 €14,974

 €1,845

2011

 €131,310

 €24,323

2012

 €133,617

 €55,730

 €123

Non HR

 DIT

 WIT

 DKIT

2001

 €173,219

2002

 €173,219

2003

 €77,185

 €230,000

2004

 €250,407

 €40,280

 €3,993

2005

 €192,066

 €24,498

2006

 €91,532

 €101,850

 €780

2007

 €174,101

 €71,422

 €5,129

2008

 €706,204

 €46,958

 €104,720

2009

 €416,241

 €67,319

 €31,714

2010

 €293,946

 €46,669

 €9,933

2011

 €208,443

 €87,201

 €9,364

2012

 €257,128

 €224,757

 €2,253

Human Resources

 ITC

 AIT

2001

2002

2003

2004

 €-

 €45,802

2005

 €-

 €28,179

2006

 €-

 €91,604

2007

 €1,876

 €88,192

2008

 €8,743

 €74,039

2009

 €957

 €132,817

2010

 €46,020

 €70,209

2011

 €65,692

 €263,027

2012

 €22,612

 €153,127

Non HR

 ITC

 AIT

2001

2002

2003

2004

 €3,146

 €12,435

2005

 €1,927

 €57,070

2006

 €1,615

 €48,996

2007

 €9,341

 €68,144

2008

 €10,560

 €207,163

2009

 €8,272

 €13,817

2010

 €30,587

 €98,695

2011

 €81,335

 €553,560

2012

 €51,851

 €1,689,024