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The Way We Are Now

1. NAMA was set up by the Government expressly for the purposes of paying the “long-term economic value” for bank assets. 2. “Long-term economic value” (“LTEV”) was a notion supplied to the Government by the Commission of the European Union. This writer cannot say from where the Commission derived it, but it is possible the Commission is not “wedded” to the notion, unlike the Irish Government. 3. In the context of the establishment of NAMA, it was insinuated that LTEV […]

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Fraud Prevention (Whistleblowing “maxed”)

This blog has proposed a remedy for fraud of public funds in the past

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Hindsight again, Minister?

The musings by the Director of Public Prosecutions as reported HERE warrant a book written on them. He has pointed to the need for, and social value of whistleblowers. This being a blog, a posting will have to suffice. His musings were followed by a proposal from the Minister for Justice, the terms of which are currently obscure. Assuming that there is no co-ordination between the Minister for Justice and the DPP, and assuming them to be decent, well-meaning office […]

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More on NAMA

Readers of this blog may recall a Freedom of Information request to the Taoiseach and the Minister for Finance for details of the discussion between the Government and the EU Commission relating to the price at which Irish bank assets would transfer into NAMA. That information was never furnished. It is no surprise, therefore that NAMA has claimed exemption from complying with any Freedom of Information requests. There is a possibility for some information leakage, however. J K Galbraith records, […]

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Justice

(Of course the foregoing is a fiction. Our Executive has ensured that the Oireachatas does not function correctly; somebody other than the Oireachats decided the terms of the Act).

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Ryanair’s Retreat

By this means they would off-set the advantage of size that Ryanair has over any single consumer, a circumstance perpetuated in Ireland by the sullen laziness of successive Irish Governments.

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Digital Rights Update: Judgment Reserved

THE HIGH COURT 2006 No. 3785P Between DIGITAL RIGHTS IRELAND LIMITED Plaintiff And THE MINISTER FOR COMMUNICATIONS, MARINE AND NATURAL RESOURCES, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE COMMISSIONER FOR THE GARDA SIOCHANA, IRELAND AND THE ATTORNEY GENERAL Defendants UPDATE (21/4/2010) 1. Digital Rights Ireland Ltd. has taken a case against the Irish Government as seen HERE. 2. McGarr Solicitors act for Digital Rights Ireland Ltd. 3. DRI brought an application to the High Court to seek a […]

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NAMA’S Rates Bill

Is NAMA “the State”?

What does “occupied” mean?

A lot of money hangs on those questions.

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The Prosecutor

Under the Prosecution of Offences Act 1974 most criminal prosecutions are in the charge of the Director of Public Prosecutions (“DPP”). Some offences are assigned to other legal persons (e.g. Government Ministers) for processing in prosecution by the statute under which they are created. In fact most criminal prosecutions are brought by members of the Garda Siochana in the name of the DPP. Before the 1974 act the prosecutor was the Attorney General. Consequently, it was, before 1974, a social […]

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Saying… No!

Ireland is currently coming to the consideration of profound derelictions of duty of a number of people, including and particularly, leading politicians. The generalized defence coming out is that someone else was responsible. The law has long had to deal with that kind of response. A solicitor, for example, is not entitled to say that he/she is following the advice of Counsel; that advice must be assessed by the solicitor and not be blindly followed. Probably a nurse should not […]

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