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Dublin: 7 °C Thursday 23 May, 2013

President signs legislation to liquidate IBRC into law

The President returned from his official visit to Rome yesterday to sign the emergency legislation.

Image: Sam Boal/Photocall Ireland

PRESIDENT MICHAEL D Higgins has signed the Irish Bank Resolution Corporation Bill 2013 this morning at Áras an Uachtaráin.

The Bill, which was voted on by TDs in an emergency late-sitting last night moves to immediately liquidate the Irish Bank Resolution Corporation (IBRC), the combined former Anglo Irish Bank and Irish Nationwide.

Finance Minister Michael Noonan said yesterday that it was necessary to approve the legislation immediately as the plan to scrap IBRC’s promissory notes was leaked to foreign media.

In the Dáil, the bill was approved at 3am with 113 votes to 35. It then went a vote in the Seanad, where it was passed by 38 votes to six.

President Higgins interrupted his official visit to Rome to return home so that he would be available to sign the Bill into law. He will be returning to Italy later this morning to complete his programme of engagements.

The legislation will now see the special liquidator, KPMG, start to sell off all of IBRC’s assets and liabilities. The bulk of this will go to NAMA, which will act as a kind of purchaser ‘of last resort’ if no other parties wish to buy each asset.

There are concerns about IBRC’s workforce of 800 people which the Bill will essentially lay off, though Finance Minister Michael Noonan said last night that he understood most staff would be immediately rehired by the liquidators, or by NAMA when it takes on IBRC’s assets.

The intention of this bill is that the promissory notes – which currently require an annual repayment of €3.06 billion, due at the end of March – will be replaced with NAMA-issued bonds, which are covered by a government guarantee.

The repayment of the promissory notes has been a hot topic recently with the government in discussions with the European Central Bank (ECB) to work out a deal. ECB approval for last night’s legislation could come later today when its governing board meets in Frankfurt.

Read: Legality of promissory note to be challenged in the Supreme Court today>

Seanad debates legislation to liquidate IBRC>

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Comments (150 Comments)

  • Time for an “explainer” please mr/ms Journal. Everyone is so angry, so it seems like its a bad idea. But the majority voted for it, so you’d think it’s a good deal. I haven’t a balls notion what it all means. Any chance of a quick pros and cons summary for the uninitiated?

    Reply
    • In a nutshell. We have zero chance of getting any money taken off our bill. There can be no lessening of the debt.

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    • Hi Andy,

      An explainer is on the way :)

      Reply
    • Honestly we don’t know hence we’re all scared that we’re now stuck with the huge debt. If you listen to Noonan and McGrath you’d believe it was a good idea. I think the way it was done is what has people really concerned. I guess time will tell. Best part of the debate was when Adam’s made a slip of the tongue and said ESB instead of ECB!

      Reply
    • There can be no lessening of the debt – debt that was never the irish’s peoples to repay!!

      There is no doubt that the rothchilds, credit suisse and the likes are delighted this morning. The ECB likewise, they always wanted our debt to be converted to ensure there would be no threat of a writedown

      Reply
    • Seems the Dáil were asked to vote on a Bill that was “essential to any deal with the ECB”, without details of any potential deal being revealed. It put TD’s between a rock and a hard place. The majority have taken Government on their word that a deal is imminent and that there was a substantial risk to €14BN of state assets which would have flown from the bank when business hours came about. A lot of trust after being put in the Cabinet to get a deal sorted. TD’s unhappy with method it came about and the initial leak however voted optimistically. Only time will tell if they got it right. Has the potential to be another Bank Guarantee 2008 however. (ie: wrong decision made for the “right” reasons).

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    • We now owe the ECB €28billion instead of Anglo, but the ECB can and will never write down the debt. So all this talk about writing off Anglo debt was pure BS! They never intended to write it off, because they had this bill written long ago.

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    • if the judge listens to David Hall today and deems the promissory note illegal or rules were bent by ECB . we might get some justice and hence a write off. Was Anglo s debt not ours.

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    • not acceptable

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    • Tom you truely are a product of the celtic clueless the debt was shifted indefinately to the future generations of Ireland with no possibility of a write down due to ECB law 40 billion was put on the heads of the children of Ireland at 2 am in the morning by FG/FF/L half of the drunk .The exact same trick as the FF sell the country scam.All you have to say is some remedial remark about Gerry Adams us Irish are truely the stupidest nation on the planet if we were being guaged by what comes out of your brainwashed mouth.REMEMBER why the government do this to us because they have ZERO respect for us and why would they the majority are in some kind of donward spiral were they just cant enough pain.Yere children will thank ye and then leave this country and think our parents truely were a backward breed.If you want showbiz yere getting it and yere going to pay dearly for it ECB ESB who cares i am ashamed to be brought up in the same country as the talking donkeys who inhabit this country in abundance.

      Reply
    • A disgraceful shower of traitors, – They have no shame.

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    • Jack D, I’m always amazed when people disagree with someone they ruin their whole argument by starting with a personal attack rather than disagreeing in an unemotional manner. I respect any ones opinion, your entitled to yours but less of the personal stuff.

      All that aside, I think you misunderstand my view here, I’m like everyone else in Ireland who is really angry at the mess we’re in and want it fixed but I also live in the real world and understand there is no simple fix. What happened last night had to be done but jaysus it could us into further problems. Will be interesting how it work out with the ECB.

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    • Tom if you bray like one and sound like one then you are one.ESB hahahaha here what he said hahaha .Best part of the debate was when the through opposition denounced this treasonous act SF and Independents alike at leat it showed we are not all sponges of shite and lies.Up your game man you have some good things to say normally.

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    • The quickest way to STOP INJUSTICE is to Rebuke it.Remove it.Remember it.Irish people were not born into Slavery so why should we except it.NEVER it goes against the laws of Man/Woman and Democracy to willyfully except incarceration and Slavery.

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    • Jack, your a gas man, I’m neither one nor the other in the current political setup, in fact I would like it completely changed. I actually want was is good for our country. I say to hell with political leanings as they actually divide us and defocus us all from trying to sort this whole mess and political system out. Hope that make sense.

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    • Tom get out there man get moving think 10 years down the line we will be a subdued dismantled obedient nation who will except the faith that is giving to us by faces we do not recognize.I apoligize for calling you a name unfounded and out of order but i witnessed what happened last night with my own eyes and to say i am in pain is an understatement i would fight for others children because it is right i have none myself the way i see it we are the gatekeepers to the future and i’l be damned if they suffer because of our inability to act on what is right in all our hearts and minds.

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    • I hear you! No need to Apologise, as I understand you opinion and where your coming from.

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    • your (I mean!)

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    • Shocking Gaff Tom.

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    • Again I Say Arm Chair Warriors. SPINLESS Irish.

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    • Again I Hear Arm Chair Warrior Ramblings.

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    • But They Will Jack They Will Suffer. Because We As A People are SPINLESS LAZY COWARDS.

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    • I meant the Remark Adams Made Tom ( Esb )

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    • I don’t get your point James?

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  • They are a thundering disgrace – the whole corrupt, chicken-shit lot of them. Let’s get our kids – and their kids – to pay this one, we don’t want Europe thinking badly of us…
    Cowards, all 113 who voted in favour.
    20 years to debate Abortion laws with no outcome, less than 12 hours to decide when it comes to money!! True colours… yellow turn-coats!

    Reply
  • Well there you go now, liquidating Anglo was a terrible idea in the past but a great idea now…?..this should have happened in 2008 and it wouldn’t have been our problem but Sean Fitzpatricks problem…trust he and fingers slept well last night..hope they are proud of themselves

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  • Andy..t’s like taking a mortage and spreading it out over a much longer period and making it interest only. It simply means that we hsve a longer period of time to pay a debt that wasn’t ours but that of a private institution. Now rather havng to heave up 3.1 billon every year for ten years, we’ll have to come up with a lesser amount for around 30 years. My problem with this is that my childern will pay debt in a non existant organisation that they should never have paid anyway.

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    • My children don’t even exist… and their pockets are already being emptied. They will certainly not be growing up in this country. Russia seems to be a lot more appealing… sure the education system there is far more advanced… Although I would earn less… not so different to here but at least the kids would be happy!

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  • No matter which way the government tries to dress this up, the simple fact remains that the Irish people are being asked to shoulder a heavy burden of debt that they did not create. On what basis can the government justify this? The sickening thing is that the government will now try to convince the Irish people that they have done us all a favour. Yet in opposition these were the very people telling us all how unfair and unjustified it was to expect the Irish taxpayer to pay for the reckless actions of a few. Not only do I worry about the financial burden that the Irish people are expected to burden but I also worry about the political consequences. A time will come when ordinary people will become so fed up with the mainstream political establishment that they will start to turn to the extremists. We can already see the rise in Sinn Fein’s popularity and I’m sure a lot of their new support is coming from people who are in despair, particularly former Labour voters that have been betrayed by the party. We not only need new political parties but a whole new political system. Quite simply, we need governments that act in the interests of the people. A simple ask but clearly something we don’t currently have.

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    • I am no expert. Far from it in fact. But you’re right. Instead of teachers and lawyers as politicians. ..we need people qualified in their field of policical office. Politicians with the Irish peoples best interests at heart are few and far between. I for one don’t want to leave Ireland but I won’t stay and watch it burn to the ground at the hands ls of a few OVERPAID idiots.

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    • Dermott D Or Deserve. Too SPINLESS to Warrant Respect.

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  • I can’t find the right words to explain how angry I am about this. Absolutely disgusting yet again!!! Well I suppose the one constant we can have from our government is that they never fail to let us down. Cowards the lot and shame on whoever voted to pass this. Shame on us if we continue to allow them to walk all over us…….

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  • Great deal alright., for Europe. Get the Irish to actually pay more money back. Anything to ease the burden on those who caused it. I bet the bonds Will have more of a legal standing than IOU’s but it Will be too late by the time we find out we possibly could have gotten away with it.

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  • David Hall brings a seemingly valid case against the payment of the Prom Notes. The high court rejects it on the grounds that he does not have sufficient standing to bring the case (I didn’t know TDs had a higher legal standing than taxpayers). One day before he is due to appeal this to the Supreme Court, somebody leaks information to international press and ratings agencies that Noonan will liquidate IBRC, thus Noonan rushes through legislation to do just that, effectively taking the Prom Notes deal out of the governments hands and directly into he taxpayers. Does this not stink of conspiracy to anyone else? Did the government know that David Hall had a legitimate case and colluded with the High Court to delay the case, with press and ratings agencies to give creedence to rushed legislation and all to effectively eliminate any potential case against them? An extreme view I know but I need this explained to me. I have a feeling that the Supreme Courts hands will be tied this morning due to this legislation. The next 2 hours should tell us all we need to know.

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    • Ryan'O 07/02/13 #

      That’s exactly what I’m thinking! But here’s the thing if the gov knew pormnotes were illegal as they stood last night and rushed legislation to change that…..knowing David halls challenge would result in a win for the citizens…..surely that’s illegal in its self? Acting NOT on behalf of Irish citizens…..F*uck them anyway…I’m outta here RIP Ireland

      Reply
    • Exactly my sentiments.

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    • Alan,
      Let’s stick to the facts.
      His case was based on TD’s not having a chance to vote on the Prom notes. As he isn’t and wasn’t a TD, this means he personally wasn’t stopped from voting. Only TD’s from the last Dail were effected by this decision.
      It has nothing to do with his standing, nor of a TD’s standing.
      It’s like some one assaulting me. Does that mean you can go to court to claim damages for yourself for my injuries?
      It’s now up to a TD that was effected by the decision to take over the case.
      It was explained quite well in various media last week.

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    • Was wondering was this the case last night to be honest

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    • conspiracy definetly. I hope David Hall gets all the support he needs today. Its difficult for him to have to do what our government should be doing on our behalf. So David we appreciate it. justice today

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    • David Hall doesn’t have locus standi so he has no chance of succeeding. If he did potentially the courts could claim seisin and strike down the legislation as they did in relation to the Sinn Fein funds act. The problem David Hall has is that he has no standing. If he had taken a case solely against promissory notes as a policy he would have had a standing as a citizen but the courts would have thrown it out as a separation of powers issue. Therefore he had to come up with a more creative case, which he did, but it’s unfortunately led him to have no standing to bring the case as he was not a sitting TD in the last Dail.

      Reply
  • after all the giving out the opposition did last night i cant believe 113 voted in favour, their all a shower of you no what. They dont care About the irish people only themselves.

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  • Y.F. 07/02/13 #

    This is incredible. The clause in there about ‘no court cases’…I’m assuming this is theirway of making sure they never have to see Quinn up in court against them in the big case. They win again. There is no justice. We have no voices. It’s all just a charade and we are the puppets in their corrupt little show.

    Reply
  • WTF? Guess this serves me right for going to bed at 9pm….

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  • Will we get a poem about it?

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  • Remember all of them who voted yes. Next election remember them.

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  • Can anyone tell me what happens to the Quinn case…. Assets go to NAMA.. debt goes to Central Bank.. Who takes over the Quinn’s ?

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  • How wonderful of him to bend over and do as he’s told. The country is doomed, do yourselves a favour and consider leaving. Some are saying this legislation will improve things but i cant see that. With the government dedicated to serving europe and themselves before the irish people, the hardships will only get worse.

    This has all been pre-planned and orchestrated (even the leak lastnight!) from the people really in charge – the bankers. Despite all the irish people have endured and sacrificed the ECB will hammer us, they never had any intention to reduce any of our debt and they will continue to do us no favours now that we are looking to stretch out the repayments.

    Wars have been started over less, cant believe whats happened to beautiful eire. Future generations will look back at us in disgust

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  • You can bet your bottom dollar than Noonan didnt propose this plan of his own accord, puppets on strings. Frankfurt always get its way. I wouldn’t mind if they held the culprits for this fiasco accountable, by taking away their big cars and big houses, and throwing the lot in to Mountjoy.

    Reply
  • Sold out by another treasonous government in middle of night to avoid David Hall s case being appealed. Shameful FG/LAB traitors.

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  • This will be great for the economy, the Swiss economy

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  • Sad sad day

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  • Another late night last minute ready up by the criminals in Leinster House. At least they pretended to debate it this time I suppose but it’s a continuation of the ponzi scam make no mistake. As for President Higgins rushing back to sign this fiscal death warrant into law, perhaps now people will see through the Labour liar for what he is now. The only socialism he cares for is socializing the gambling debts of bondholders, just like the rest of his sickening ilk. Don’t forget how he railed against going into coalition with FF under Spring but then neatly packed away his backbone and followed the party line after posturing as a member of the left. Still no backbone. Still suckling on the public teat

    Reply
    • So long as the government acted within the confines of the constitution he should sign the bill into law. A president shouldn’t be expected, nor should we want it, to reject proposals that passed through the Dail with an overwhelming majority.

      You’re basically asking him to disregard democracy and take the country into his own hands.

      Reply
  • Why are we paying politicians here, when we are being run by Germany…..we should have another Bill tonight to get rid of all the TDs and senators by tomorrow morning…..imagine all the money we would save!!!

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  • M Bowe 07/02/13 #

    This government has just usurped the supreme court in not allowing the Hall case to proceed. It is now a mute question. In doing so they have usurped the constitution in my opinion. And that people is TREASON.

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  • Meantime. How many comentators voted “Yes” for the Nice and Lisbon treaties?

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  • Michael Doh Higgins! I hope he made his flight back to Italy ok. Seriously – things just will never change unless people protest. Get up & out for this Saturdays demos across the country. If your not prepared to do that at least then what hope is there? It’s a numbers game in every way on every level.

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  • DOO 07/02/13 #

    Ff,fg/labour are all in bed together.ff brought us here,but fg/labour have cemented Irelands shoes. We have provided a guarantee to the ECB that Ireland will pay its debts,yes Ireland as a whole,united in paying this Recession we created,will honour our debts.we signed up for the ESM which we wont get a sniff off. Ireland has no friends in Europe. I say tell europe to fcuk off,throw the cat amongst the pidgeons and see what happens.Ireland does not pay its debts,see how Europe handles that. We’d be quick about getting a deal from out German masters. No friends in Europe

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  • Michael d has just dropped massively in my estimation. Just like the rest of them after all.

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  • Concern for staff, will be taken on by NAMA, sounds like the setting up of the HSE,

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  • So are we going to see any money back in Irish coffers from this deal? If so can frontline services get some!

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  • Mack 07/02/13 #

    Did we not get a massive loan from Europe to keep these two banks alive? Yes / No? The government bailed them out with this loan? Yes / No? The government formed IBRC taking on the debts of the two banks? Yes / No? We couldn’t fold the bank incase it lead to banks across Europe failing? Yes / No?
    So what happened to the money that Europe gave to Ireland to bail out the banks, what has changed ? Why are we paying for something that we all own already? What will this do for croke park? Are taking a leaf out of Icelands book and will be back up and running in a few years… or would my ten month old child be better off learning Chinese?

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  • The new Irish great at giving it loads on social media websites. We as citizens have let this happen with our sure it will be grand attitude

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  • There’s asteroid heading towards earth!

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  • So who is the leak? Can they be tried for treason?

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  • Deco 07/02/13 #

    Why didnt michael d show a bit of backbone and refuse to sign the bill ??? All talk like his Dail parasite friends…

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    • I am disgusted with him. Totally and completely. They’ve screwed us rightly and he has let them so he could get back to Italy this morning. He could have had decency to at least stay in the country afterwards

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    • Oh for f*cks sake!! Every time an unpopular price of legislation comes through someone says this, every time it’s explained to them, do people not learn!! The President has no right to refuse to sign legislation because it is bad! He can only refuse if his counsel advise him it is potentially unconstitutional. Then he refers or to the Supreme Court under Article 26. If they say it is unconstitutional it’s struck down, I’d they say its constitutional then he has to sign it. I am no fan on this legislation but to say Michael D. could have refused to sign it is disingenuous.

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    • I thought constitutionality of the extraordinary powers given to the Finance Minister under the legislation were questionable.

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    • You may think so Amanda but do you really want a country where the President rejects bills that have passed through a democratically elected parliament with an overwhelming majority?

      No matter how odious this bill is you’re advocating him rejecting the very basis of democracy and, in effect, rendering the Dail and this country’s voting citizens useless

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    • If he thinks its unconstitutional and the council of state agree it would be undemocratic for him not to refer it. The ultimate expression of the power of the people is in the constitution which gives us sovereignty, not the Dail. My rant above was not about the potential constitutionality of the bill but about people willy nilly calling for him to refuse to sign things that are unpopular, which is obviously far beyond the scope of his office.

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    • Cute Little Fairy.

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    • Nothing New There Then Niall We are all Usless.

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  • Once again Michael d proves he Is totally useless!

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    • How so? So long as the government acted within the confines of the constitution he should sign the bill into law. A president shouldn’t be expected, nor should we want it, to reject proposals that passed through the Dail with an overwhelming majority. You’re basically asking him to disregard democracy and take the country into his own hands.

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    • Julie 07/02/13 #

      I think it is a bit late to be worrying about democracy! Democracy is dead in this country. He should have grown a back bone and told them no he wants more time. I am speechless to the blatant corruption and fraud that happened right before my very eyes. Ye have signed away my future in Ireland, traitors FG labour FF, traitors to the Irish people

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    • Democracy isn’t dead in this country Julie.

      The people of Ireland voted in Fianna Fail and kept voting them time and time again, even when we all ‘knew’ what Bertie and his people were up to. The people of Ireland elected this government too.

      The people of Ireland might change this government from FG/Lab to FG/FF or FF/Lab next time, but I guarantee you they will still vote for FG, FF or Lab and it will again be the people of Ireland who will have given them the power to do things like this.

      Anyone who steps out of line with the main parties are called a communist or a hippie by, guess who, the people of Ireland. That is democracy and it is the way it works.

      Reply
  • Hi Deco, Michael D couldn’t actually refuse as The President has an absolute discretion to refer a Bill to the Supreme Court to get a judgement on its constitutionality (but not a Money Bill or a Bill to amend the Constitution). Before making a referral the President must first consult the Council of State.

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  • If he’s willing to sign this shit, is there any chance he might sign the delivery docket at work for extra bog roll?
    Or could that possible tip the government expenses over the “fiscal” cliff?

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  • It’s unreal how much mickey D has cost the tax payer he flew home to sign this rubbish then flys back. Ur talking thousands on aviation fuel or if commercial flight tickets, airport charges, staffing charges, Garda minders. These people have no concept of the cost of anything they spend OUR money like monopoly.

    Reply
  • Dictatorship…

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    • For Gods sake Ann, where are you getting that from?
      We had a Dail with 166 TD’s, elected by us 2 years ago. We have a Seanad with 60 Senators and a president we elected last year.
      With in the next 3 years, we will have elections again, giving us the chance to vote FG and Lab out again.
      Where in under God did you get a dictatorship from.
      This is the sort of nonsense that gets posted on this site, simply because it’s thought to be a great buzzword. ‘i know, I’ll type Dictator, that makes perfect sense’.

      Reply
    • And Angela Is Mien Fureur,

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  • Forgive the typos..

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  • Im abit green on this but could they not of done this to anglo irish bank?

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  • I say people are sick they didn’t vote for Martin McGuinness now.

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  • What is the point in having a Presidency. Seriously why. Waste of money. Higgins is on a 7 year free holiday flying here and there getting wined and dined at our expense. He is a muppet. Could not give a toss about the people of Ireland. Disgraceful
    Human being.

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    • You’d rather he became a dictator and refused bills passed overwhelmingly in a democratically elected house then? Stop being so reactionary, it gets us nowhere as a country

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    • Say FG decided to change the laws on general elections? Where only FG candidates were allowed to run for the Dail?
      Would this be constitutional?
      If there wasn’t a president to check the constitutionality of a bill, would you want FG to be in power.
      Michael D can only refuse to sign, if the bill is unconstitutional. There is no other reason that he cannot sign a bill. He cannot decide to not sign, if he decides he doesn’t like the bill. He has no choice.
      His one purpose is to make sure that bills going through the Dail and Seanad are constitutional.

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    • Ryan'O 07/02/13 #

      What the traitors did last night might not go against the constitution but it went against the will of the Irish people!! That’s the point people are making.

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    • No Ryan,
      Read all the comments above. Giving out about Michael D for signing this bill. He can’t refuse because he doesn’t like it. To say otherwise, is only showing ignorance about the role of the President.
      Save your anger for FG and Lab if you want, but the President had to sign this. As would any of the other candidates for the Presidential election, if they had got in. Including Martin McGuinness.

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    • That’s great Ryan but why the need to lay into Higgins for doing his job? The anger should go towards the Dail not towards an Aras

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  • Isn’t Michael D a wonderful little man all the same, interrupting his holiday in Italy to come back here to sign along the dotted line

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  • I feel like going down to Leinster House and protesting. But that means getting dressed and going out in the cold!! Eh think I’ll just have a good bitch instead.

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  • What about its managers?

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  • Yes indeed

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  • another crime against the irish people , by the lackies in dail eireann

    Reply
  • Tommy C 07/02/13 #

    How can Mick sign this into law something which has taken a few hours to legislate for yet we are waiting over 20 years to legislate for abortion which we voted for by the way!

    Reply
  • It’s a good thing – someone finally grew a pair and did something without the nod from ECB. We are our own country afterall (aren’t we?).

    Reply
  • Great move in Protecting the assets for Irish taxpayers.

    Reply

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