Supreme Court referral e-mail to Groups dated December 29th 2004

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From: "Vercingetorix (Ireland)" <>
Subject: Fwd: Supreme Court referral (Thursday December 23rd 2004 )
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Date: Wed, 29 Dec 2004 15:38:22 +0000
Subject: [Celtic Party] Supreme Court referral
(Thursday December 23rd 2004 )

Dear Brendan,

Correctly or otherwise, I believe the Supreme Court referral described in the Irish Independent article below (dated December 23rd 2004) is in large part a consequence of our combined efforts to challenge law-breaking by government during the past few years.

Though the piece below relates to laws connected with the care of the elderly, I nevertheless see this particular referral, at this particular time, as a very definite sign of hope for the future: in terms of environmental and heritage protection around the country in general, and including the many ancient sites in the Turoe, Tara, New Inn, Woodlawn, Kilconnell, and Esker Riada areas.

Note the following statement in paragraph 6 (from Deputy Prime Minister Harney): “WHICH WOULD PROBABLY HAVE BEEN CHALLENGED IN THE COURTS ANYWAY”. I believe the powers-that-be have got the message that there is no guarantee (for them), from now on, that unconstitutional legislation (i.e. UNLAWFUL legislation) will go unchallenged by the People, via the Courts: and regardless of what the legal cost might be in terms of money. This may, I strongly suspect, be a direct consequence of Ann Marie’s application for legal aid to challenge the Kilconnell Superdump situation, which of course directly involves the Article 28A violation of the Republic of Ireland Constitution. (For anyone who has not seen it, the text of Ann Marie's legal aid application can be seen at: )

Who knows, maybe the Supreme Court referral outlined below will herald the beginning of the end of law-breaking by government in the Republic of Ireland: together with all of the associated tyranny (by so called “public servants”), which has recently forced me to go on-the-run from the Republic of Ireland for the SECOND time in just two years?

Is there any chance I wonder that such Stalinist type tyranny (by our government) might yet be consigned “to the ash-heap of history”? – even though it is coming from sources much closer to home than the one the late President Ronald Regan understandably feared and detested so much.

As far as I know, Prime Minister Ahern has still NOT answered the question (put to him at the end of last month by Senator Jim Higgins MEP ) as to why he failed to comply with Article 29.5.1 of the Republic of Ireland regarding the international UN Aarhus Convention Agreement. I suspect the reason for this is that Prime Minister Ahern simply DOES NOT HAVE ANY ANSWER; and, that as a consequence of this particular piece of law-breaking by government, ALL (or most) environmental legislation in the Republic of Ireland since June 1998 is legally flawed, and consequently completely unsound: including that connected with the An Bord Pleanala decisions relating to the planned M3 in the Tara/Skreen Valley area, and the planned Celtic Waste Superdump right beside Woodlawn House - which, if it ever goes ahead, will almost sit on top of the section of the Esker Riada (by far the most important of the 5 Great Roads of ancient Ireland) passing through Kilconnell.

Best wishes,



Thursday December 23rd 2004

TANAISTE Mary Harney is to put a package of proposals on care of the elderly before the Cabinet early in the new year in a bid to rationalise the current patchwork system.

She announced this yesterday as President McAleese decided to refer the controversial legislation on charges for nursing home care to the Supreme Court less than 24 hours after consulting the Council of State.

The court will begin hearing the case as early as January 25. It has to be finalised within 60 days from yesterday and, until a judgment emerges, the proposals in the new legislation, including retrospectives charges for nursing home care, will not come into force.

Ms Harney had some good pre-Christmas news for those in long-term care yesterday when she said she would be making arrangements to have the ex-gratia payments of up to €2,000 paid out as soon as possible to around 20,000 patients.

There was no question of anybody never charged before now having to pay charges.

Ms Harney, like the Opposition parties, welcomed the President's move, saying it would bring "clarity and legal certainty" to the whole issue, which would probably have been challenged in the Courts anyway. That, she said, would have taken some considerable time and patients and their families might have to go through unnecessary trauma.

The Tanaiste studiously avoided making any predictions on the outcome of the Supreme Court case but said she had been advised by the Attorney General and had acted as quickly as she could on his advice.

Ms Harney said there were wider issues to do with the long-term care of the elderly in society and said she intended bringing forward proposals to Government on this early in the New Year.

At the moment, she said, the situation was "patchwork, with different interpretations, different means tests, different eligibility criteria" and this was very unsatisfactory for the elderly and their families.

"We need to bring certainty and clarity as quickly as possible," she said.

"I have already asked the Departmental committee examining this question to meet early in January so that I can bring forward proposals and we can bring certainty once and for all to the care issue."

She wanted families to have as much support as possible to keep people in their homes and communities which was what most old people wanted.

Ms Harney said the country could not afford to provide care free of charge to everybody, adding that most reasonable people would accept that a contribution should be made towards the cost of board and maintenance.

"There are going to be huge financial issues for us in the coming years," she said, adding that she believed a huge proportion of the Special Savings Accounts (SSIA) money should be devoted to Care of the Elderly when this became available within the next two years.

Age Action, the campaign group for the elderly, said the President's decision was wholeheartedly welcomed, adding that the move to make legal retrospectively the taking of money for the care of the elderly had caused widespread anger.

Gene McKenna
Political Editor

© Irish Independent &

History of conflict ...

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Heritage Protection Efforts


The Århus Convention Agreement
 (3 Main Points)

The Århus Convention establishes a number of rights of the public (citizens and their associations) with regard to the environment. Public authorities (at national, regional or local level) are to contribute to allowing these rights to become effective. The Convention provides for:

  1. The right of everyone to receive environmental information that is held by public authorities (“access to environmental information”). This can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. Citizens are entitled to obtain this information within one month of the request and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate environmental information in their possession;

  2. The right to participate from an early stage in environmental decision-making. Arrangements are to be made by public authorities to enable citizens and environmental organisations to comment on, for example, proposals for projects affecting the environment, or plans and programmes relating to the environment, these comments to be taken into due account in decision-making, and information to be provided on the final decisions and the reasons for it (“public participation in environmental decision-making”);

  3. The right to challenge, in a court of law, public decisions that have been made without respecting the two aforementioned rights or environmental law in general (“access to justice”).

Above text taken from:


National Development Plan

"The NDP is the largest and most ambitious investment plan ever drawn up for Ireland. It involves an investment of over  EUR 52 billion  of Public, Private and EU funds (in 1999 prices) over the period 2000-2006. The Plan involves significant investment in health services, social housing, education, roads, public transport, rural development, industry, water and waste services, childcare and local development."

The above quote was taken from on October 23rd 2004.



Bunreacht na hEireann:
(Constitution of the Republic of Ireland)

Draft Treaty establishing a Constitution for Europe:

Text of EU Constitution Draft Treaty:

Text of Environment Section of EU Constitution Draft Treaty:



Checking and correcting unconstitutional legislation (Republic of Ireland):

Legislation and the role of the President of the Republic of Ireland:

Irish Legislation (BAILII):

 Irish Legal Information Initiative (IRLII):


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