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Dublin: 12 °C Friday 24 May, 2013

High Court dismisses first part of Sinn Féin challenge to Referendum Commission

The High Court will hold a special late-night sitting this evening to hear the second part of Sinn Féin’s call for a judicial review.

Gerry Adams on O'Connell Street this afternoon with Senator Kathryn Reilly, Mary Lou McDonald TD and Eoin O Broin.
Gerry Adams on O'Connell Street this afternoon with Senator Kathryn Reilly, Mary Lou McDonald TD and Eoin O Broin.
Image: Laura Hutton/Photocall Ireland

A HIGH COURT judge has dismissed the first part of Sinn Féin’s legal challenge against the Referendum Commission over whether Ireland has a veto on the ESM or not.

The party lodged a judicial review at the High Court this morning challenging comments made by the Commission on 3 May that the government no longer had a veto of the European Stability Mechanism.

Lawyers for SF TD Pearse Doherty argued that the credibility of the Referendum Commission has been seriously damaged and has led to “contamination” of the referendum process.

In the High Court this afternoon the judge dismissed the first three of eleven points brought by Sinn Féin to the court, saying that they weren’t ultra vires ( beyond the powers of the Commission) and that since the comments were made more than three weeks ago, Doherty could have availed of the opportunity to pursue the case before now.

The judge adjourned the case until 8pm tonight and the court is to seek the attendance of the Referendum Commission at this evening’s proceedings in the court. The Commission had not been required to attend events earlier in the day.

A spokesperson for the Referendum Commission told TheJournal.ie that it had not yet been asked to attend this evening as of 4pm, but that it would co-operate fully with the court.

Pearse Doherty said he welcomed the special sitting of the High Court.

The legal argument for a judicial review

Doherty’s legal team argued that comments on 3 May by the chair of the Commission about how Ireland had already given up its chance to veto ESM had been “inaccurate or misleading” or else, at the very least, “very incomplete”. A clarification was released “below the radar” with no press release and only a link on Twitter on 18 May, the legal team said.

Ref Comm clarification

The court heard from Doherty’s legal team that the Commission had “no hesitation in seeking publicity on the original issue” of the ESM but had not exercised the same eagerness to seek publicity when clarifying.

Doherty said afterwards that the original statement about the ESM had been used repeatedly by advocates of the Treaty as one of their key reasons for a Yes vote, despite the fact that the Commission qualified its position on 18 May.

“The failure of the Referendum Commission to retract the original statement and to adequately publicise their subsequent clarification has meant that the incorrect account of the matter has continued to be quoted widely”.

The judge said that it would be “inopportune” to make a decision on the remainder of the complaint about the publicity of the two statements without the Referendum Commission present.

The Attorney General is to be notified of proceedings because the matter is of such “high constitutional importance”, the judge said.

Sinn Féin argues that Ireland will still have access to funding from the European Stability Mechanism if the Fiscal Compact is rejected by voters in Thursday’s vote, and says that the Commission is wrong in how it has presented the facts about the issue to voters.

“Sinn Féin has consistently challenged the Government’s claim that emergency funding will not be available if people vote no on Thursday,” said Sinn Féin president Gerry Adams. “It is our firm view that this is not the case”.

Pearse Doherty’s legal team originally wrote to the Commission about the assertion on Friday, challenging its interpretation of the matter.

The judicial review, which concerns how a decision was made and whether or not it was fair, will resume at 8pm.

judicial review

(Sinn Fein’s application for judicial review. Image: Gavan Reilly)

- Additional reporting by Gavan Reilly

Treaty campaigns dispute ESM access in latest referendum debate >

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Comments (144 Comments)

  • I have just watched Pearse Doherty and Simon Coveny giving their views on RTE news, FFS, there was more time given to overseas news items than to this , neither Doherty nor Coveny was given time to answer their cases properly without being continually interupted by Brian Dobson.
    he just wanted to get it finished and move on to the next news item.
    every sympathy to Italy and their tragedy and to those in Syria, but the Irish electorate are more concerned about
    our own immediate problem , on Thursday.

  • You’re correct, I was asserting…. However, when was the last time a European vote went through first time around. Also with the controversy surrounding getting a vote on this in the first place, as well as the austerity measures being taken and people being very annoyed at the current situation, one could be forgiven for thinking the Yes side are on a bit of an uphill struggle.

  • this isnt about sf grabbing voters or support its about the reality of this treaty and the legality of it if its not legal then we shudn be voting on it democracy needs to be allowed to grow not smothered by the fg/lab/ff european muppets

  • Sinn Féin must be confident enough of a good result in the courts.

    My understanding is that the ESM is a completely separate issue from the Fiscal Treaty. It, and the amendment to the Treaty on the Functioning of the European Union (TFEU) which puts the ESM into EU law, have not actually been ratified; and therefore the ESM doesn’t even exist.

    In fact, the Dáil vote on the ESM treaty does not take place until after the referendum vote. As the establishment of the ESM requires a change to a pre-existing treaty, the TFEU, this requires unanimity – meaning that Ireland has a veto despite claims by Lucinda Creighton and others to the contrary.

    • If the administration firmly believed that they are right, they would have put the legislation for the ESM treaty, which has already been drawn up, before the house for ratification untill after Thursdays referendum.

  • david, considering you are part of the party who wanted to avoid us being given our constitutional right to a referendum, who colluded in and are allowing our people to be blackmailed, and are threatening people in a way that if an individual did it to another person, would get them arrested, I wouldn’t go bandying the word ‘law’ around too much, especially as we’ve just witnessed phil hogan trampling all over the data protection law which fine gael see as a mere inconvenience rather than a civil right for irish people.

    • The AG recommended a referendum be ran and the government agreed with her advice. You’re talking absolute nonsense.

    • The only reason they put it ot the AG was because President Higgins told them that if they didnt he would!!! The No camp dont suffer with short term memory loss.

    • Thats crap David and you know it. The Gov tried to have the treaty worded so as to avoid a referendum in the first place.
      http://www.politics.ie/forum/european-treaty-2012/182527-german-minister-says-fiscal-compact-designed-avoid-irish-referendum.html
      Gilmore denied this but denials by “labours way of frankfurts way” Gilmore don’t hold much water anymore.
      Vote NO

    • Ann that may be, but they certainly suffer from medium- long term memory loss.

    • Not at all Jennifer, there is nothing wrong with the NO sides medium to long term memory either. I dont forget what FG tried to do to this country 30 and again 20 years ago. Doubt you were even around then. Why do you think they have NEVER in the history of the state had back to back administrations. I have not nor would I ever vote for either FG or Lab because thankfully my memory serves me well.

    • “Why do you think they have NEVER in the history of the state had back to back administrations.”

      Em, probably because Fianna Fail tend to make fancier promises. At least that’s worked out well.

    • Nobody really wants me to rehash EVERY single promise made by Fine “not one more red cent” Gael, or Eamonn “Frankfurts Way” Gilmore. They have never held succesive governments because they are completely incompetent and not fit to determine what is in the best interests of the Irish State ie we the people.

    • Ann if you are basing single or double terms in government as the determining factor as to a party’s competence to running the country in the best interests of the state than that just proves definitively Sinn Féin do not have it.

      As regards rehashing pre-election promises of any party. A part of me, (the cutting off my nose to spite my own face side) would actually love to see SF in power. They haven’t a hope in hell of following through on any of the opposition nonsense they peddle. God we could really go to town on them then. But then “told you so” would be small condolences in that instance.

    • Jennifer

      up until fairly recently SF did not have enough members to make up a full party ergo they havent had the opportunity to prove themselves. Given you dont have a degree in economics I doubt that your assumption that their fiscal policies wouldnt stand up are not based on true science but pure conjecture.

      You should check out bondwatch and see how much money this administration has handed out already to both secure and unsecured bondholders including the 2.25 billion that was handed out yesterday. But hey, whats 200 billion between friends.

  • Sarah 29/05/12 #

    So David Mc Williamas is wrong in his assessment as is Constantin Gurdgiev and countless others who clearly state that this stinks to high heaven and lets see would you sign a working contract when half the conditions havent been written in until after you put your signature to it? I dont think so and either would i.

    FG/FF/Labour are all from the same embryo and they talk it up when in opposition and when they get into power the tune changes and they sing form a new hymn sheet. The Government tried to block us from having a vote on this and last time i checked democracy is meant to be “of the people by the people” this is getting a little like a dictatorship from the inside out. I for one will be voting NO as will four other members of my family and several others on my road and we will be voting in pen as nobody can be trusted. As for the FG’s yous really have been brainwashed and what can you expect you inherited your political thinking from your daddys and grandfathers.

    • Sarah,
      I think Constantin.com’s has lost all his credibility once his links to Declan Ganley’s company was established… Gone very quiet Mr .com is all of a sudden.

    • Oh and by the way I do believe David McWillams was the one who advided the late Brian L….Not exactly very credible either and also gone very quite since the documentry exposing his advise..

    • mart_n 29/05/12 #

      Declan, his links to Ganley’s business were established over a year ago. Do try to keep up.

      http://jrnl.ie/134534

    • Mart, could care less when it was established….its a conflict of interest for both him and mr .com….. Its only really got any media focus in the last week of so… Actually it did not get enough coverage..

    • Declan, both men have stated that they do not profit from any instability in Europe as their company does not deal in short selling. If this was untrue I guarantee you that your muckraking cohorts in fine gael would have published the info.

      Are you calling these men liars?

    • Its a conflict of interest, whatever way you dress it up……..
      On a personal level I would not trust Mr Ganly or Mr.Com for a single second..

    • mart_n 29/05/12 #

      In what way is it a conflict of interest? If it is then so is Noonan calling for a Yes vote, as he’s a holder of German bonds. Hell, the entire Irish government have a conflict of interest.. look at who they employ to advise them on financial matters. Hint – it’s the people that are likely to benefit most from any advice they give.

    • Declan you are aware that until recently your esteemed minister of Finance held German bonds. Would you consider that a conflict of interest as well considering he was allegedly negating with the EU/ECB on Ireland’s behalf?

      On McWilliams I think you might find he gave BL his opinion that he should copy the Swedish banking policy of 1992. To preserve your own credibility maybe you should stick to the facts?

    • @ Declan. You’re a strange fellow indeed. Let me get this right. It is not OK to insult the Taoiseach’s name (calling Enda by the name Edna; you wrote the following – “Surely if the treaty is passed then Enda (Whats with name insult by the way?) has run an effective campaign” – in response to Ann Reddin calling the Taoiseach Edna), yet you find it perfectly OK to insult Constantin Gurdgiev by, and I quote, labelling him as “Constantin.com”? You then go on to call him “Mr .com”. Do you not have any moral standard, or is it one set of rules for you and another set of rules for those who disagree with you?

    • Again Declan you suffer with selective recollection. David McW suggested that Brian Lenihan should gaurantee deposits up the 100, 000 euros solely to protect the Irish citizen. McWilliams most certainly did not intend for his suggestion of guaranteeing deposits to cover bad banks with toxic loans and assets.

    • Let’s not forget that David McWilliams advocated a bank guarantee in the weeks before the government did so back in 2008. He now says that if he knew then what he knew now he wouldn’t have done so, but isn’t hindsight a wonderful thing.

    • @Anne Reddin. You are completely wrong about what David McWilliams said. He wanted a full guarantee for all depositers and creditors. Here is the relevant quote for his article dated 28th September 2008, just a few days before the government brought in the Bank Guarantee.

      “The only option is to guarantee 100 per cent of all depositors/creditors in the Irish banking system. This guarantee does not extend to shareholders who will have to live with the losses they have suffered. However, it applies to everyone else.”

      This is the link to the article in question – http://www.davidmcwilliams.ie/2008/09/28/state-guarantees-can-avert-depression

      Creditors by the way in this case would include the bondholders, all of them.

  • So glad that the courts are being used again to get real democracy to work in this country. Well done SF .

  • Finally, we might get a definitive answer on this question that the government has been running from.

    First, Fine Gael try to avoid us having a referendum and getting a say on the treaty, then they collude to have a blackmail clause concocted to threaten and coerce us into voting the way they demand.

    Don’t fall for it, the gun to our heads isn’t loaded.

    No to the lies
    No to the blackmail
    No to the threats (especially from Noonan)

    NO on thursday!

    • You “might” get a definitive answer? Let me guess, if the court makes a ruling you agree with, it’ll be a definitive answer; if not it’s more lies and blackmail, right?

      There are many excellent arguments for voting No, but it really seems to me the biggest liability to the No campaign are the No campaigners themselves.

    • I think the No Campaigners are just so filled with the belief that this treaty is wrong . It is so wrong .. in so many ways.

  • I’m still confused. If we have enough money to repay a loan plus interest, why can we not use that money to ……………..RUN OUR COUNTRY………………without getting a loan.?

  • Great to see org’s being held to account and having to explain themselves. 90 years of FG/FF nodding and winking to each other coming to an end. Normalization of Irish politics.

    • I am still waiting for Gerry Adams and his “former” organisation to explain the whereabouts of Jean McConville.
      He is implicated in the Belfast Tapes by his colleague in arms Delors Price.
      We will see how much he enjoys being held to account when his day in court comes around.

    • Jenifer, what does that have to do with this treaty?…absolutely nothing. More mudslinging by the yes men as per usual

    • *women Joe. In case the name and photo were not clues enough.

      You might also note I never said anything about the Treaty Joe, but nice attempt at taking a swipe at the “yes” side.

      Fagan’s said it is great to see organisations held to account. I happen to think it is time Gerry Adams and his “former” organisation were held to account. That is all.

      But read what you like. Far be it from me to disrupt your anti Yes campaign.

    • Jen
      given that this thread has to do with the referendum and article 136, your initial comment about Jean McConville is off topic. It would appear that Jean McConville is something you throw out every time it looks like your yes men are being held to account.

    • Ann, given Fagan’s point was about organisations being held to account and having to explain themselves. I think my comment was perfectly justifiable.

      As for Jean McConville being brought up, I feel it is always worth reminding people in the midst of an SF love in of their dubious past. All the more so given NO side’s desire to up haul slogans like “Yes to Lisbon, Yes to Jobs” at every opportunity. I happen to think in comparison to unmarked graves, Yes to Lisbon, or any number of other NO lookbacks are pretty pedestrian complaints.

    • Further to that Jen, given that you are now living in Washington which I am assuming is a lifetsyle cholice – what does the referendum have to do with you. You’re not living here and wont be living with the austerity this government wants to weigh us down with.

    • many apologies jenifer ”more muslinging by the yes side as usual” is that better? Thats right you never said anything about the treaty. strange as this thread is about sinn fein challenging the govt about THE ESM and THE TREATY. yet you wave the old ” IRA” argument about like it somehow defeats everything sinn fein attempt to do now days? would you rather they were out bombing people still? What with the attempts to hand over our sovereignity i dare say if that were the case some of those blueshirts in leinster house would be pushing up daisies by now.

    • Ann never make assumptions. They are almost always wrong.

      1. If you are going to stalk people. Make sure you amass all the facts before you attempt to undermine their position.

      2. Even if I did still live in Washington (which was not a “lifestyle” choice, unless by “lifestyle” you mean working really hard to gain invaluable experience) I would still be an Irish citizen.

      3. Ergo my final point. Are you saying that Irish citizens abroad have no say in the direction of their country vis-a-vis Referendums? That is a pretty serious position to take in light of all the Irish abroad.

    • Jennifer,
      Some excellent points. Dont worry about the abuse as its standard fare when you speak with logic…
      D

    • * “mudslinging” & “Jennifer”, Joe.

      I actually think it is hilarious. The NO side can scream about, in no particular order;
      Emigration on every article about job creation.
      Can scream about the bank bailouts on pretty every article.
      Can scream about household/ water charges/ septic tanks on pretty much everyother (and so on)
      ON EVERY SINGLE ARTICLE.
      Even though all of these commenced, or in the case of the latter two, were agreed BEFORE Fine Gael came to power.
      But remind anyone of SF’s ACTUAL murderous, and very recent, past, the only thing you can come up how I am waving the old IRA argument, or when really struggling, start referring to the 1930s Blueshirts… It is enough to make me actually laugh.

    • Most of our emigrants today are out of the country thanks to your parties continuation of FF policies and I would imagine that if this treaty is passed, they will only ever put their feet on Irish soil again for a short visit to their families back here. Are people who have emigrated entitled to vote in referendums?. And I find it very sad that you were not in a position to gain your valuable experience at home in your own country.

    • Oh no….you criticised my spelling. That means im wrong about all these issues. But seriously, i used ‘blueshirt’ in an argument because you used IRA in yours. If you want to be immature and call sinn fein terrorists ,then i will call FG fascists. Whichever is more recent has NO bearing on the ISSUES at hand here. And did i mention septic tank charges, immigrants or any of those points you brought up there? No. I did not. You were the person who started using unrelated issues for your arguiment. And then try to accuse others of doing so after i gave you the idea. Pathetic.

    • Thanks Declan, I appreciate that!
      And don’t worry I am used to the abuse, though it is definitely why people in the YES camp (in the main) choose to stay silent.
      I, on the other hand, must be some kind of masochist ;-)

      Ann, perhaps you missed my previous point. I live and work in Dublin, so the sympathy is unnecessary! I spent time working in DC.because that is the only place you can do what I was doing. Not because I needed to emigrate. But thanks for the sentiment.

      Also, FG nor FF are “my parties”. I am not in a party, and never have been. So no policies are those continuations of “my party”.

    • To be fair to FG, Gen. Eoin O’Duffy and his Blueshirt cohorts are long dead. Adams and McGuinness on the other hand are very much alive and involved. Think that makes it very much more relevant in terms of modern politics. However, both still have nothing to do directly with this treaty. What’s more to the point is SF constantly mis-quoting or selectively quoting people and text in treaty documents to try to further their agenda falsely. Míchéal Martin made a fool of Joe Higgins on Prime Time when he went on about the ESM funding by selective text quoting. SF did this in this campaign previously by mis/selective-quoting various economists that actually support the treaty. Tired and desperate attempt again to pull the wool over peoples eyes. The article 136 and its implications are outlined here: http://www.rte.ie/news/2012/0430/guide-to-the-eu-fiscal-treaty.html
      Plain English, just not the message SF want to here. My question: why, if they felt so strongly on this, did the wait until the day before the media moratorium to challenge it? ie: the last day they could announce they were challenging without us being able to hear the result before people go to the polls???

    • Avarus Animus. Great to have you join the debate, what a thoroughly insightful a profound comment. Oh wait, that’s just the disgustingly sexist slur of someone hiding behind a faceless identity. See a girl say something you don’t like, what to do, what to do. Oh I have it! Slag her appearance. Been the last reserve of every stupid, pig headed misogynist since forever.

      Even when compared to the barrel scrapping standard of the usual abuse on these threads, congratulations, you have found a new low. Congratulations for associating the NO side with your pig ignorant sexism. Just another reason to dismiss their arguments.

    • Ok folks……..just been fraped……..my brother is an ar*ehole!!!! Apologies to anyone who had anything said to them…..especially Jennifer Prior, be sure to know he is going to get a serious kick in the arse!!I left my laptop open as I was about to comment and he ran a muck (on facebook too!!) Really sorry!!Could all comments made in the last 30 minutes under my name be taken down please???????

    • Eoin, i think its a matter of oppinion wether blueshirts are long dead or not….id say a good 60 percent of this country would say they are alive and kicking in FG.

    • Loving your work Jennifer

  • Fair play to SF- putting their money where their mouth is. It’s true they have made these consistent claims regarding the ESM which the yes camp and ref comm challenge- and now we will know for sure just how full of cr@p they are when the result comes out and I’m betting SF wouldn’t even be trying this if they weren’t confident of the outcome… :)

  • Pearse Doherty is correct but I’m not sure this is very clever politics. He is asking a bigwig to rule against a fellow traveller. Personally I think the ESM could be blocked in the Oireachtas, and that the R,C, were amiss is not qualifying their statement that the time for the veto ‘has passed’ by mentioning this at first. They only mentioned it when pressed by journalists, but by then the “yes” camp were able present the R.C.’s as supporting their position. The R.C. was wrong to interpret the term “veto” solely in terms of what the government will do. We are a parliamentary republic, and it is for the Oireachtas to decide whether the ESM is ratified or not. The R.C. appear to be taking an unduly technical line on what constitutes a “veto”.

  • i also asked a question on an other page and im stil waiting on an answer…….if we vote NO then where will the YES side get the money to fund the state??????????

    • im still waiting on an answer from the yes side regarding my above question

    • The same place as if we vote yes. Don’t forget we have to contribute 11 billion to this fund, that we don’t have and will have to borrow to fund it and pay interest on. If Spain go tits up when we need to access this find the pot will be empty. We will then have to go to the IMF. I say cut out the middle man and save ourselves 11 billion

    • Even weirder is the idea that Greece will have to contribute €19 billion to this fund if the full €500 billion is required. Never mind the amounts Italy and Spain who’s cost of borrowing is over 6% on the market at the moment have to produce. The ESM unless Germany and some of the Nordic states pony up big time will be unworkable because the states that may require funding are expected to contribute to the fund. Where is that money going to come from?

    • Lucinda Creighton was on V Brown last night and she could not answer that question either. So much for looking at and examining all possibilities by the government.

  • The comments here are getting increasingly off-topic and abusive towards other readers so I’m going to close the thread to comments for a while. Sorry about this – we hate having to do this but it needs to cool off a bit. Any queries or anything mail me: christine@thejournal.ie

  • No doubt when this is quashed it will be because the High Court is also biased and lapdogs to “insert slur”.

    • quote-”lapdogs to “insert slur”", the highest level of hypocrisy from a supporter of a party whose only two policies are 1.lick as deep as possible up the ar@e of europe no matter the cost to our society and 2. it doesnt matter how valid any question the opposition ask, just sling mud, thats what the people want to hear!

    • Revolting, I am yet to see any supporter of the Treaty, on this page or any other, make their points without someone responding by referring to Treaty supporter as “biased”, “a lapdog”, “a party supporter” as “being paid” or as having some “vested interest”. (or some variation thereof)

      I stand by my point.

    • And it hasn’t taken them long to quash parts of their application. Court immediately rejecting Sinn Féin’s fantasy idea that we can vote no and then wriggle our way into the ESM anyway.

      The ONLY way to get access to the ESM fund is through a YES vote.

    • if we cannot access the ESM can we get our €11,145,400,000 back?

    • Cathal we havent given it to them yet as the ESM is not yet in existence. Vote NO and we wont have to give it to them at all.

  • It is really great to see SF recognise the courts.

  • Nothing but a cheap publicity stunt on the last day of media coverage and one that attempts to undermine a high court judge. Typical Sinn Féin disregarding of the law.

    • There is no such undermining going on here – that’s what the courts are there for you clown.

    • Correct and right. Typical attempts at sabotage and subterfuge. Absolutely no respect for the law. They never had.

    • Saorise the courts are not for desperate last ditch attempts to drum up support for your campaigns. That is all this is.

    • There is. Sinn Féin can’t accept the judgment of a high court judge who heads up the commission. It’s bizarre that they trust another judge to take their case….

    • Where you all saying they (SF) had no regard for the law when they forced the last government into holding a by election via the courts?

      If the High Court accept they may have a point they will hear it if they don’t accept there is a case to answer then they will refuse. Democracy in action I would have thought.

    • Jennifer…who put you in charge of what the courts are for?

    • Joe that comment is childish to the extreme, akin to the “who made you King of the Universe” style of debating favoured by 7 year olds.

      Rather I was merely responding to a comment that attempted to justify this shameless attempt at promotion as “what the courts are for”. I tend to disagree. But I await the verdict of the courts. Well await for it, and then for the inevitable, “that’s because they are biased/ lapdogs/ establishment/ vested interests/ pro Germany” or however the naysayers decide to frame it.

    • David, you (as a party insider) might be able to shed some light on a rumour I happened upon this morning.
      The claim is that the Troika have lost patience with the Croke Park Deal and the reason for the urgency with this referendum is that the government know they will not get it passed at the end of the summer when the public sector will be out screaming for blood.
      The more I thought about it. The more it made sense.
      Why the urgency with this referendum? Shane Ross reckons the end of the year would do.
      IBEC & ISME are all gungho for it.
      The Troika delivered there gloomiest yet diplomatic assessment of Irelands debt sustainability.
      The ECB have made no bones in the past about linking the inflated salaries of our public servants to any talks on debt restructuring.
      Any view?

    • Jennifer ““who made you King of the Universe” style of debating favoured by 7 year olds.” is that the same school for debate Enda “the great debater” Kenny attended?

    • Jenifer I used that style of argument because you attempted to tell us what the courts are not for…that is, things that you dont agree with.

    • @Sean. Ur saying Yes or No means the end of the Croke Park Aggrandizement? Music to my ears and necessary if we’re to turn this country around. I could never understand how the got the first bailout without scrapping this

    • Givent that convictions and decisions can be overturned by appeal proves that judges often disagree with each other over the interpretation of the law.

    • Scrap, the speculation is that the government must scrap the Croke Park deal and this is their only chance to get the fiscal treaty home.

      Just a couple of clips from an Irish times article (09/03/12)

      “More than six months after Dublin first raised the matter with the ECB, the Frankfurt-based institution is pushing back heavily against persistent Irish demands for a concession to ease the cost of rescuing the former Anglo Irish Bank…….

      Within the ECB, the view remains that alternative avenues are open to the Government to improve its finances, among them reductions in public sector pay and welfare entitlements…….

      The argument is made that average public pay and welfare levels in Ireland are higher than the average in some of the other euro zone countries that are supporting Ireland’s bailout, among them Spain, Slovenia and Slovakia………..”

      Is it possible the ECB have decided to move on debt restructuring if Croke Park goes?

    • It would appear the HSE has gotten trigger happy and could not wait for the polls to close.
      HSE 2 – Public Sector Unions 0

      http://www.independent.ie/national-news/hse-gets-tough-and-sacks-two-staff-for-persistent-absenteeism-3122923.html

    • David comes from FG, not exactly noted as a party that has respect for the law. Big in to order and control, not so keen on Justice.

    • Just reading anything by david higgins would make you vote NO even if you did not care either way.

    • Paul Oh 29/05/12 #

      Jennifer, your comment about lack of respect for the law is mistaken. If they had no respect for the law why would they go to the courts for recourse? Your comment was clearly made without thought and is clearly wrong. And before you say it, I’m not a Shinner. Not everyone who disagrees with this parasitic hegemonic noose of a treaty is.

    • Paul are you having a laugh? THIS IS A PUBLICITY STUNT. Why else would they wait till the last second before the moratorium to submit their legal challenge. If they truly thought the Commission was biased in anyway, they should have marched in their the very first day. But you see that wouldn’t have worked out for them, would it? Because the High Court would have thrown it out weeks before this point. THEY ARE ALREADY THROWING IT OUT NOW. Bit by bit.

      As regards your challenge to my assertion that they have no respect for the law. I am genuinely not going to bother. Just go to Google and type in Independent Monitoring Commission, for a recent example of SF demonstrating their disregard for law and legal rule.

    • Jennifer, my response to you wasn’t allowed for inexplicable reasons. The gist of it was that you don’t need to type in capitals as it makes you appear to be a little unhinged. I’m not type deaf so stop SHOUT TYPING at me! I agree with you that it is a publicity stunt…..but that is clearly what most campaigning is….an attempt to get the public’s attention on some issues. Politics 101. No?

  • SF trying to be the white knights again against the dastardly….the evil….evil majority of the population! We are so fortunate that they have our backs….they truly are the champion of the common man. God bless Gerrrry with his socks and sandles. That made up my mind when I saw that pic the other day. How can you vote for a man who wears socks and sandles. VOTE YES….YEEEEESSSS!

  • That’s right Jennifer you have no say if you are living permanently abroad, you cannot vote. You will not be living with the aftermath of any vote here, and that’s why your not entitled to a vote. And if you gave up Irish citizenship then you shouldn’t even be commenting on these things as any vote here won’t even effect you in the future.

    • There is something that just doesn’t sit right with me when SF continue to use the courts to try and force through their agenda especially when its an independant judge heading the thing.

      I mean was it not Sinn Fein calling for a referendum in the first place, and now that a No vote isn’t assured it looks like they are trying to pull down the referendum.

      It’s starting to become a bit of a joke.

    • When exactly was a ‘no’ vote ever assured david, as you’re asserting.

      You’ll have to do better than that.

    • Jesus Christ you people really read what you want to read don’t you. Perhaps Aaron T, I will spell it out for you.

      I DON’T LIVE ABROAD.

      I NEVER GAVE UP MY CITIZENSHIP.

      I LIVE IN DUBLIN AND THIS WILL EFFECT ME!

      It is actually painful engaging. I don’t know why I bother. Maybe if Ann had done her stalking correctly she would have seen that I live here. And maybe if you ACTUALLY read the exchange, instead of just attacking for the sake of it then you would know that. Easier to just attack though isn’t it? Not right, but easier. Painful person.

    • Sorry I did not read down further to see that the information posted about you living abroad was not correct. However Jennifer the way you talk about just attacking people must be the same as you going around accusing Gerry Adams of being involved in certain things even though officially he has not been proven yet.

    • Yeah and “officially” John Giligan only sold a bit of hash. Come on Aaron. The dogs in the street know what Gerry Adams has done.

      His own former colleagues have come out against him. It is also only a matter of time that the Belfast tapes are released. Do you want to wait until he is officially proven guilty of ordering murders before you will call in to question anything he says or does? I don’t know about you, but anyone implicated in murder looses all credibility to me. I naturally feel compelled to question other things they support/ suggest. Especially when these other things are dreadful, and in the main (not just now) totally in-viable economic agendas.

    • Jennifer im voting ‘no’ because i dont want to give force of law to any ”act of bodies competant under the treaty” over our CONSTITUTION. Im a ULA supporter so i dont care about sinn fein or jerry adams, none of us are voting ‘no’ because he told us to. We are voting no because we dont want this treaty. Do you think that because one of the proponents of the ‘no’ vote has a dodgy past we should all change our minds? Why not REFUTE one of the points they have made about the esm or the treaty? You see that is how a debate actually works. Why are their economics in-viable? Please enlighten us.

    • Aaron t 29/05/12 #

      Jennifer just to clear things up I’m not a supporter of Gerry Adams or his political party but you contradicted yourself in your previous comments by complaining about people attacking you personally and then personally going at Gerry Adams… I was brining you up on it because this article is about the treaty and about sinn fein not about the personal lives of some involved.

  • Two points.

    1 – Does anybody think Sinn Fein would be taking this action if they the NO vote were ahead in the referendum? Doubt it. Even the judges this morning pointed out that they had three weeks to make this case and are only making it now (because they think they are going to lose).

    2- Who is paying for this legal appeal? Are Sinn Fein paying for it out of their party funds (the one supplemented by their TDs who pay a good portion of their salary into Sinn Fein)? I hope they won’t be looking to have their costs refunded by the state if they lose.

  • Just waiting for the abuse to follow………………………………….

    • actually they didnt have to introduce the austerity measures and cut backs they were political choices as for gerry and co they are standing for irish rights if they are wrong then fair enuf but at least they are standing up for us and not jus implememting germans orders without giving it a second thought

    • Implementing Germans orders??? Cop yourself on…
      How exactly would you have funded this country Philip??

    • declan i asked how the yes side wud fund the state in the case of a no vote asking me the same question doesnt constitute an answer so i`ll ask again how will the yes side fund the state in the case of a no vote

    • Philip,
      You said they did not have to introduce cutbacks!!! please explain where we would have got the money without the cutbacks and increased taxes of the last 4 years??

    • i never said we didnt need cut backs its the choice of where these cut backs come from that are political choice why is it the welfare payments are cut but gov advisors get rises why is it health is cut whilst gov still sit on rediculous wages and perks

  • If the treaty is passed as I fully expect, will the credibility of Gerry Adams and SF be damaged?? In all reality this has been the perfect envirionment for a ‘No’ vote with the Goverment having to introduce unpopular charges, the anti-German bull thats been flying around in the media etc. etc…. With all this and it still looks like the YES side will have a significant win… What does this say about Gerry and co???

    • It says that they have the balls to stand up to people, and do so in the best interest of the Irish Joe. Unlike Edna who is more than happy to send his minions out to do his bidding while he cowers from the people who elected him and pay his wages. He did his best to convince people on Sunday that he wasnt reading the shite that he came out with from a teleprompter. But in all fairness to the man, it wasnt his own crap that he was spewing it was that of his special advisor and script writer.

    • Very classy Ann…very nice indeed.
      Surely if the treaty is passed then Enda (Whats with name insult by the way?) has run an effective campaign??? SF dont represent me Ann or my interests and I am an Irish Joe….

    • Thats right Declan – I’m a lot classier than Edna who uses the “N” word to get a laugh and who tried to make little of men who pulled him up on his policies. Or Aine Collins who suggested that Constantin Gurdgieve should get the next plane back to Moscow. Classier than Olivia Mitchell who took 500 euros from Frank Dunlop and Anne Devitt who took a 20 000, both of whom were found to act in a corrupt manner and unbefitting to people who hold office. As for “Edna” take it up with the French newspaper that reported his name as Edna Kenny the day the big black thunder cloud descended on Ireland.

    • Gobsh*te Coward Kenny… hows that for a name with meaning

    • My god you’re not trying to bring that up again Anne. Whatever happened to the Sinn Fein mantra that things that happened in the past are not to be talked about in the present. And its ironic that you were criticising somebody for being off topic earlier on in this thread. Not above going off topic yourself though when you want to score a cheap political point.

      So if Enda’s comments in 2002 are fair game I take it that Gerry Adams and other Sinn Fein people comments from the 1970/80/90s can be referred to. Or did we just draw a line a specific point determined by Sinn Fein?

  • SF must be really getting desperate if they are using the courts of the State they spent over three decades trying to destroy

    • Three decades? Should we applaud your party, Fianna Fail, for destroying our state in half that time Stephen?

    • Maybe the Provo’s should have replicated your actions, and hosted sites for FF TD’s, normal cost less than a hundered, but charged 3250 a go.

    • That would be the same state that your comrades in FF destroyed in a decade?

    • Not as desperate as Kenny & Co.Ltd are to satisfy Mario and Merkel. They proved that when they tried their hardest to sign up to the Fiscal Compact without holding a referendum.

    • Did your party destroy this state Stephen ???? Yes …

    • Well you and your clan were their first victims when they had to bring you lot to court to hold the by-elections that you refused to hold. Desperate measures from FF.

    • Stephen, the courts exist as a balance to the powers of the executive and as such all citizens have the right to access the courts in that regard regardless of what they may or may not beleive. To deny such access regardless of beleifs is a curb on freedom. On this occassion Sinn Fein have left it very late in the day to act and for something that is questionable but that is their right. Would one have denied that Pearse Doherty’s previous action to compell the government to hold the Donegal SW Election was not an appropirate use of the courts to bring the executive into check? I don’t think it was and I would go so far as to say that it was a good day for our democracy!

    • mcbab 29/05/12 #

      Ha ! Nice one Stephen. Shows them up for the posturing fools they are.

  • Sinn Fein, are trying to do a PR Stunt. The referendum commission is lead by a judge a independent judge.

  • From a purely legal perspective, the High Court should reject this challenge. Essentially what SF are asking the Court to do is interpret the treaty and a provision to amend the Constitution before it becomes law, which it is not allowed to do ordinarily.

    • if the courts find that this treaty is illegal then it shudn go ahead at least lets find out

    • ignoreland, do you have a qualification that would give credibility to this ‘purely legal perspective’?

    • I do True Left. I have a degree and masters in law as well as a substantial amount of legal research experience.. At most, The court wont’ look at whether the interpretation reached by the Referendum Commission was what they would consider to be correct, but whether there was a “clear disregard” for the powers conferred to them. As the interpretation reached by the Referendum Commission is reasonable by any stretch of the imagination, I can’t see them being overturned.

    • Also I’d like to know why SF waited 3 weeks before filing this application which now has little chance of being heard before the referendum- with the moratorium kicking in tomorrow it’s clearly just a publicity stunt.

    • Eh Ignoreland the High Court has been hearing it and has adjourned until 8pm this evening having asked the Referendum Commission to attend then. The good news for the Yes side is the High Court has dismissed the first part of SF’s challenge.

    • Wrong. They only commenced proceedings today. Why did they wait 3 weeks? If they felt so strongly about the Referendum Commission’s interpretation, why didn’t they challenge it immediately? Why did they wait until the day before the moratorium to do it? Because it’s a publicity stunt with little chance of success.

    • The Court has backed me up:
      Judge Gerard Hogan commented that the applicant had “delayed unduly coming to court”.

  • toorkeel 29/05/12 #

    I’ll be voting Yes. Why? Because SF and the ULA etc etc cannot answer where the money is going to come from to finance this broke state. They have no answer, so please forgive me but ill take the devil you know over the probable abyss I don’t ever want to know.

  • Just don’t understand where the no campaign are coming from. The fiscal compact should have been introduced as far back as 1977 when Jack Lynch bought a 22 seat majority with taxpayers money by getting rid of house rates and dropping car tax to a fiver. Bertie Ahern also cynically bought power with his special savings scheme