Da´Il E´Ireann

Total Page:16

File Type:pdf, Size:1020Kb

Da´Il E´Ireann Vol. 685 Wednesday, No. 1 17 June 2009 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Wednesday, 17 June 2009. Leaders’ Questions ……………………………… 1 Ceisteanna — Questions Taoiseach ………………………………… 5 Order of Business ……………………………… 16 Offences against the State (Amendment) Act 1998: Motion ………………… 26 Financial Services (Deposit Guarantee Scheme) Bill 2009 — Committee Stage ………… 37 Ceisteanna — Questions (resumed) Minister for Community, Rural and Gaeltacht Affairs Priority Questions …………………………… 42 Other Questions …………………………… 51 Message from Select Committee ………………………… 65 Adjournment Debate Matters …………………………… 65 Financial Services (Deposit Guarantee Scheme) Bill 2009: Committee Stage (resumed) ……… 65 Visit of Chinese Delegation …………………………… 69 Financial Services (Deposit Guarantee Scheme) Bill 2009 — Committee Stage (resumed) and Remaining Stages ……………………………… 69 Broadcasting Bill 2008 [Seanad]: Report Stage (resumed) ………………… 84 Private Members’ Business Unemployment Levels: Motion (resumed) …………………… 113 Broadcasting Bill 2008 [Seanad]: Report Stage (resumed) ………………… 139 Adjournment Debate Cancer Treatment Services ………………………… 160 General Medical Services Scheme ……………………… 162 Health Service Reform …………………………… 164 Post Office Network …………………………… 166 Questions: Written Answers …………………………… 169 DA´ IL E´ IREANN DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES TUAIRISC OIFIGIU´ IL OFFICIAL REPORT Imleabhar 685 Volume 685 De´ Ce´adaoin, 17 Meitheamh 2009. Wednesday, 17 June 2009. ———— Chuaigh an Ceann Comhairle i gceannas ar 10.30 a.m. ———— Paidir. Prayer ———— Leaders’ Questions. Deputy Enda Kenny: The Taoiseach is aware that my party has a very different view from the Government’s on the proposals to deal with the banking crisis, in particular with regard to the National Asset Management Agency or NAMA. Obviously, the confusion that surrounds this is a cause of major concern, particularly when bodies like the IMF say that the difficulty for Government is in determining the extent of the valuation of assets to be acquired. This could have disastrous consequences for taxpayers and the economy generally. Will the Taoiseach clear up this confusion? Given where the Government is in its preparations for NAMA, what is the Government’s assessment of the amount of discount to be applied in respect of assets to be acquired by NAMA? The Taoiseach: There is no confusion whatever on the Government’s part with regard to the establishment of this agency, which is a necessary response to ensure that we have sufficient liquidity in the economy for the supply of credit to businesses both large and small. This is an arduous and complex task and it is being proceeded with as a priority. The question of valuation will be part of that process when we get NAMA up and running. There are EU guidelines on the valuation of impaired assets to which we will be working, both through the ECB and the expertise that will be employed by NAMA for that purpose. That process has just begun. Deputy Enda Kenny: That does not answer the question. I recognise, as does the Taoiseach, the absolute importance of having a banking system that works whereby credit can flow to 1 Leaders’ 17 June 2009. Questions [Deputy Enda Kenny.] small businesses, which is not happening now. We have a different view as to how that should happen. Be that as it may, bank shares are now beginning to climb and the country’s credit rating is continuing to decline. This is because the banks have been saying to their shareholders that the discount will be 20%. Following discussions with the banks, J.P. Morgan is saying this morning that the amount of discount will be 20%. This has massive implications for the tax- payer. The Taoiseach is aware that land valuations and many other asset valuations have declined by 60% to 80%. There are no Green Party Members here this morning that I can see—— Deputy Fergus O’Dowd: They are outside. Deputy Enda Kenny: ——yet the Green Party said six weeks ago that the discount would be 40%. So if the banks are telling their shareholders the discount will be 20%, the Government does not have a view on this, the Greens are saying 40% and international financial houses, after discussions with the Irish banks, are saying 20%, is this not a case of a massive transfer from the taxpayer to bank shareholders? With bank shares beginning to climb as a consequence of those discussions, the country’s credit rating is going down. We all understand the import- ance of having a banking system that works, but it is about time the Government cleared up that element of the confusion applying here. What is the discount to be approximately? Is it 20%, 30%, 40% or 50%? I am aware that when loans were acquired in the beginning, certain equities would have been put up by those who drew down those loans and many of those are technically bankrupt. However, we do not want a situation whereby bank shares are continuing to rise while the country’s credit rating is going down. This only gives credence to the belief that what is involved here is a massive bailout of banks at taxpayers’ expense. Can the Taoiseach clear up that confusion? Does the Government intend to apply a discount rate of 20%, 30%, 40% or 50% to the assets to be acquired? The Taoiseach: I refute Deputy Kenny’s continually irresponsible approach in suggesting that what is being done on behalf of the Irish banking system is some kind of bailout of banks. (Interruptions). Deputy Dinny McGinley: There has been irresponsibility for the past 20 years over there. The Taoiseach: This continuous mantra of a populist message is, of course, something that he feels will give him some sort of political advantage. I do not know, but the real issue here is—— Deputy Enda Kenny: That is a transfer from the taxpayer to the banks. The Taoiseach: The whole purpose of the Government’s action is to ensure there is adequate capital in our banks thus ensuring there is sufficient confidence both domestically and inter- nationally, so that they can get access to the funds that are necessary for them to conduct business and for Irish business to conduct its business, since that is a prerequisite of any mod- ern economy. Deputy Enda Kenny: We know that. The Taoiseach: As regards the question of who takes the hit in the first instance, obviously it is the owners of the loans and, indeed, the banks who take the first hit. Deputy Frank Feighan: Small businesses are taking the hit. 2 Leaders’ 17 June 2009. Questions The Taoiseach: The continual portrayal by Deputy—— Deputy Frank Feighan: The terms of reference are protecting builders, but are not protecting small businesses. An Ceann Comhairle: Deputy Feighan has no locus standi here whatsoever. I will have to ask him to leave in a moment if he keeps it up. Deputy Frank Feighan: Small businesses in this country are going to the wall. The banks are telling small businesses to close up shop. The terms of reference have to be changed. An Ceann Comhairle: The Deputy is not entitled to interfere. Deputy Frank Feighan: What is happening in this country is outrageous. An Ceann Comhairle: I will have to ask the Deputy to leave if he keeps this up. Deputy Frank Feighan: Every business is being thrown to the wolves. The Government is not protecting the small businesses of this country. An Ceann Comhairle: I will have to ask the Deputy to leave if he keeps it up. He will have to leave. If a question is asked of the Taoiseach he must be allowed to reply. This is a democratic forum. Deputy Pa´draic McCormack: If he is not replying, what can you do? The Taoiseach: The continual portrayal by Deputy Kenny in the past was, of course, that there was no discounting taking place and that the book value of \90 billion was the amount to be mostly undertaken by the banks. Deputy Enda Kenny: The Greens are saying 40%, while the banks are saying 20%. The Taoiseach: After the elections, he has a totally different point of view. That concerns the level of discount, which was the point we were making all the time. The ultimate discount depends on asset quality and many other criteria, which will be decided by NAMA in the first instance, and not by anyone outside the House. Deputy Enda Kenny: So the Green Party is wrong and the banks are wrong. Deputy Eamon Gilmore: Has the Taoiseach seen the speech made yesterday by the Arch- bishop of Dublin, Dr. Diarmuid Martin? The archbishop stated it is no longer tenable to have 92% of the primary schools in the country managed by the Catholic church. He described that situation as an almost monopoly that is an historic hangover which does not reflect the realities of today’s Ireland. He went on to suggest that there should be new models for the management of primary schools that would provide for parental choice and which would reflect the diversity of life in today’s Ireland. Archbishop Martin has suggested that there should be dialogue between the State and the Catholic church on this matter. He has also suggested that there should be a national forum to discuss new models for the patronage and management of schools. Does the Taoiseach agree with the archbishop’s general assessment? Will he take up the suggestion made by the arch- bishop for dialogue between the State and the Catholic church on the patronage and manage- ment of schools? Will he agree to establish the national forum on education and on the future patronage and management of schools advocated by the archbishop? 3 Leaders’ 17 June 2009. Questions The Taoiseach: I have not had the opportunity to study what Archbishop Martin had to say yesterday, although I recall him speaking on this matter before when dealing with fast developing areas in Dublin, for example.
Recommended publications
  • 1 BBC Panorama Response to the “Review Of
    BBC Panorama response to the “Review of intercepted intelligence in relation to the Omagh bombing “1by the Intelligence Services Commissioner Sir Peter Gibson arising from transmission of Panorama: “Omagh - what the police were never told.”2 SUMMARY 1. The failings of the intelligence gathering services (which for the purposes of this document include Special Branch) in helping to deliver the solemn promises by ministers that no stone would be left unturned in the efforts of the security forces to catch the perpetrators of the Omagh bombing lay at the core of Panorama as embodied in the title: “Omagh – What the police were never told.” 2. Yet this was not the issue on which the Intelligence Services Commissioner Sir Peter Gibson and the Northern Ireland Secretary concentrated. 3. A close reading of Sir Peter Gibson’s Review shows that he has, in fact, provided confirmation of the heart of the programme - that GCHQ were monitoring the mobiles of some of the bombers during the bomb run,3 though he has avoided saying so in terms. Instead Sir Peter has criticised the way Panorama addressed a different issue: whether the intercepts could have helped prevent the bombing in the first place. 4. Both Sir Peter and the Northern Ireland Secretary Shaun Woodward have misrepresented what Panorama said about the degree to which the bombing could have been prevented. No assertion that the bombing was preventable was made by the programme or anybody taking part in it. 5. Sir Peter does not challenge Panorama’s allegation that the CID were never told about the fact that interception had taken place, or that they were never provided with intercepted telephone numbers used by some of those involved in the bombing.
    [Show full text]
  • UTV Northern Ireland
    Omagh trial moves to Dublin - local & national news - UTV Northern Ireland NEWS Police man in car bomb attack MONDAY Man rescued from fire 12/05/2008 14:28:00 British judge sits on Omagh case Michael Stone on trial in Belfast Omagh trial moves to Dublin Kennedy-Strip minister of powers 11:05 Legal argument today delayed the start of a McCartney trial postponed landmark lawsuit against alleged terrorists Omagh trial in Dublin West Belfast crime targeted accused of carrying out the Omagh bombing. Woman tied up during burglary Barristers for the men said to be responsible for the attack told a judge in Fujitsu creates 150 jobs Dublin that the names of their clients could be tarnished if they were not US flight diverted to Shannon permitted to question evidence as it is given. Pair injured in Dublin accident Paisley faces final question time More than 50 gardai have been summoned to testify at the civil case, Warning over Victims' Commission which is the first time evidence from a Northern Ireland case will have Omagh case delayed been heard in the Republic. District Judge Conal Gibbons will rule this afternoon if senior counsel will Thousands killed in Chinese quake be allowed to object to evidence they deem inadmissible. Trio held after attempted robbery Mayo plane crash victim named The bombing, the worst atrocity during the Troubles, killed 29 people, Man injured in Limerick attack including a woman pregnant with twins. Man in court on rape charge Hundreds more were injured when the Real IRA bombed the Co Tyrone Police rescue man from fire town on a busy Saturday afternoon in August 1998.
    [Show full text]
  • 1 Neutral Citation No. [2011] NICA 33 Ref: HIG8088 G Judgment
    Neutral Citation No. [2011] NICA 33 Ref: HIG8088 G Judgment: approved by the Court for handing down Delivered: 7/7/2011 (subject to editorial corrections)* IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND ________ BETWEEN: MARK CHRISTOPHER BRESLIN (BY HIMSELF AND ON BEHALF OF THE ESTATE OF GERALDINE BRESLIN) CATHERINA ANNE GALLAGHER MICHAEL JAMES GALLAGHER (BY HIMSELF AND ON BEHALF OF THE ESTATE OF ADRIAN GALLAGHER) EDMUND WILLIAM GIBSON STANLEY JAMES McCOMBE (BY HIMSELF AND ON BEHALF OF THE ESTATE OF ANNE McCOMBE) MARION ELAINE RADFORD (BY HERSELF AND ON BEHALF OF THE ESTATE OF ALAN RADFORD) PAUL WILLIAM RADFORD COLIN DAVID JAMES WILSON DENISE FRANCESCA WILSON GARRY GODFREY CHARLES WILSON GERALDINE ANN WILSON (BY HERSELF AND ON BEHALF OF THE ESTATE OF LORRAINE WILSON) GODFREY DAVID WILSON (BY HIMSELF AND ON BEHALF OF THE ESTATE OF LORRAINE WILSON) Respondents/Plaintiffs; -and- JOHN MICHAEL McKEVITT (SUED ON HIS OWN BEHALF AND/OR AS REPRESENTING THE REAL IRISH REPUBLICAN ARMY (“RIRA”) AND/OR THE ARMY COUNCIL AND/OR LEADERS AND/OR MEMBERS OF RIRA) LIAM CAMPBELL (SUED ON HIS OWN BEHALF AND/OR AS REPRESENTING RIRA AND/OR ARMY COUNCIL AND/OR LEADERS AND/OR MEMBERS OF RIRA) MICHAEL COLM MURPHY SEAMUS DALY Appellants/Defendants. ________ Before: Higgins LJ, Girvan LJ and Coghlin LJ ________ 1 Introduction [1] On 15 August 1998 at 3.05 pm a 500lb bomb planted in the boot of a car exploded in the centre of Omagh, County Tyrone. The bomb had been planted in the main shopping street of the town. As a result of the explosion 29 people and 2 unborn babies were killed and over 300 people were injured, many very seriously, and there was extensive damage to property in the town.
    [Show full text]
  • “A Peace of Sorts”: a Cultural History of the Belfast Agreement, 1998 to 2007 Eamonn Mcnamara
    “A Peace of Sorts”: A Cultural History of the Belfast Agreement, 1998 to 2007 Eamonn McNamara A thesis submitted for the degree of Master of Philosophy, Australian National University, March 2017 Declaration ii Acknowledgements I would first like to thank Professor Nicholas Brown who agreed to supervise me back in October 2014. Your generosity, insight, patience and hard work have made this thesis what it is. I would also like to thank Dr Ben Mercer, your helpful and perceptive insights not only contributed enormously to my thesis, but helped fund my research by hiring and mentoring me as a tutor. Thank you to Emeritus Professor Elizabeth Malcolm whose knowledge and experience thoroughly enhanced this thesis. I could not have asked for a better panel. I would also like to thank the academic and administrative staff of the ANU’s School of History for their encouragement and support, in Monday afternoon tea, seminars throughout my candidature and especially useful feedback during my Thesis Proposal and Pre-Submission Presentations. I would like to thank the McClay Library at Queen’s University Belfast for allowing me access to their collections and the generous staff of the Linen Hall Library, Belfast City Library and Belfast’s Newspaper Library for all their help. Also thanks to my local libraries, the NLA and the ANU’s Chifley and Menzies libraries. A big thank you to Niamh Baker of the BBC Archives in Belfast for allowing me access to the collection. I would also like to acknowledge Bertie Ahern, Seán Neeson and John Lindsay for their insightful interviews and conversations that added a personal dimension to this thesis.
    [Show full text]
  • The Omagh Bombing: Some Remaining Questions
    House of Commons Northern Ireland Affairs Committee The Omagh bombing: some remaining questions Fourth Report of Session 2009–10 Report, together with formal minutes, oral and written evidence Ordered by the House of Commons to be printed 10 February 2010 HC 374 Incorporating HC 359-i,ii,iii, iv and v, Session 2008-09 Published on 16 March 2010 by authority of the House of Commons London: The Stationery Office Limited £0.00 The Northern Ireland Affairs Committee The Northern Ireland Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Northern Ireland Office (but excluding individual cases and advice given by the Crown Solicitor); and other matters within the responsibilities of the Secretary of State for Northern Ireland (but excluding the expenditure, administration and policy of the Office of the Director of Public Prosecutions, Northern Ireland and the drafting of legislation by the Office of the Legislative Counsel). Current membership Sir Patrick Cormack MP (Conservative, South Staffordshire) (Chairman) Mr David Anderson MP (Labour, Blaydon) Rosie Cooper MP (Labour, West Lancashire) Christopher Fraser MP (Conservative, South West Norfolk) Mr John Grogan MP (Labour, Selby) Mr Stephen Hepburn MP (Labour, Jarrow) Lady Hermon MP (Ulster Unionist Party, North Down) Kate Hoey MP (Labour, Vauxhall) Dr Alasdair McDonnell MP (SDLP, Belfast South) Mr Denis Murphy MP (Labour, Wansbeck) Stephen Pound MP (Labour, Ealing North) David Simpson MP (Democratic Unionist Party, Upper Bann) Mrs Iris Robinson, former Member for Strangford, was a member of the Committee during this inquiry. Powers The committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152.
    [Show full text]
  • The Guardian
    'Bombers' tracked across border by GCHQ on way to Omagh | UK news | The Guardian ● Jump to content [s] ● Jump to site navigation [0] ● Jump to search [4] ● Terms and conditions [8] ● Sign in ● Register ● Text larger ● smaller Search: ● News ● Sport ● Comment ● Culture ● Business ● Money ● Life & style ● Travel ● Environment ● Blogs ● Video ● Jobs ● A-Z ● News ● UK news ● UK security and terrorism 'Bombers' were tracked across border by GCHQ on their way to Omagh · Panorama revelations lift families' civil case hopes · Phone-tap questions bring new calls for inquiry ● Robert Booth The Guardian, Monday September 15 2008 http://www.guardian.co.uk/uk/2008/sep/15/northernireland.omagh (1 of 8)15/09/2008 14:03:02 'Bombers' tracked across border by GCHQ on way to Omagh | UK news | The Guardian Aftermath of the blast in August 1998. The apparent bombers were tracked by GCHQ. Photograph: Paul McErlane/AP A secret phone tapping operation which tracked the Omagh bombers on their way to commit the deadliest atrocity in the history of the Troubles could provide vital new evidence against the Real IRA, families of victims said yesterday. Evidence emerged yesterday of hitherto unknown taps carried out by GCHQ, the government's electronic communication interception service, as the apparent bombers crossed the border from the Republic of Ireland on August 15 1998 on their way to plant the device. Lawyers for the families believe the intercepts could add weight to a current civil case against five alleged members of the Real IRA, including founder Michael McKevitt. The dissident republican group was behind the Saturday afternoon attack which killed 29 men, women and children and two unborn babies.
    [Show full text]
  • We Publish a Report Into the 1998 Omagh Bombings, Which Involved an IRA Bomb That Killed
    A REPORT INTO THE OMAGH BOMBING, 15 AUGUST 1998 MAY 2013 1 THE OMAGH BOMBING, 15 AUGUST 1998 EXECUTIVE SUMMARY AND REMAINING QUESTIONS Rights Watch (UK) has produced a report into the Omagh Bombing, 15 August 1998 after being approached by the Omagh Support and Self Help Group who represent a number of the relatives of the victims and some of the survivors. They seek an independent cross-border public inquiry into the attack on their town so soon after the Belfast/Good Friday Agreement making this act of terrorist violence the first after the peace and therefore overshadowing the ensuing evolution of peace in Northern Ireland after bloody internal conflict. The bombing continues to overshadow the town of Omagh. This burden could be relieved in part if there were some answers to some questions about the failure of state mechanisms to prevent the Omagh bombing, and if it was not preventable, the failure to bring the perpetrators to justice. Justice through accountability would then contribute to peace and progress in Northern Ireland and alleviate some of the suffering of this town. RW (UK) has advised on the available models of investigation available to hold the state to account where there has been a violation of human rights in which the state is implicated either as the direct perpetrator or where the abuse could have been prevented. Additionally, we have attended meetings with the UK government where the members of the Omagh Support and Self Help Group have been in negotiation; we have lobbied in the UK and in the USA regarding the Omagh bombing and its significance as occurring so soon after the brokering of the Belfast/Good Friday Agreement and therefore being a tragedy of the peace and not of the conflict.
    [Show full text]
  • Real IRA's Day of Reckoning Has Arrived at Last, QC Tells Court LOCAL
    Real IRA’s day of reckoning has arrived at last, QC tells court - Local & National, News ... Page 1 of 5 CIPR NEWS WEBSITE OF THE YEAR Belfast 8° Hi 8°C / Lo 4°C LOCAL & NATIONAL Search INTERACTIVE CRIME MAP OF NORTHERN IRELAND: EVERY CRIME IN YOUR AREA News Sport Business Opinion Life & Style Entertainment Jobs Cars Homes Classified LocalServices & National World Politics Property Health Education Business Environment Technology Video Family Notices Crime Map Sunday Life The CT The digital gateway to Northern Ireland news, sport, business, entertainment and opinion Home > News > Local & National Real IRA’s day of reckoning has arrived at last, QC In Pictures: St Patrick's Day 2009 tells court Saturday, 21 March 2009 The day of reckoning has arrived for the Real IRA and five men Print Email blamed for the Omagh bomb atrocity, the High Court in Belfast has heard. Search As the multi-million pound civil case brought by victims’ relatives drew to a close following a year-long trial, the defendants were Bookmark & Share Images from Belfast and Downpatrick also branded cowards for refusing to take part in the proceedings. Digg It del.icio.us Lord Brennan QC, appearing for some of the bereaved, said Facebook Stumbleupon none of those being sued had put up any plausible defence to the allegation that they intended to kill or inflict serious injury. What are these? Rejecting claims that the bombers were targeting commercial Change font size: A A A premises, he said: “It is the kind of back-tracking and self- justification one expects from a terrorist group who suddenly finds themselves the subject of universal contempt and disgust.” In a claim for damages that has made legal history, the families are seeking to prove that jailed dissident republican leader Michael McKevitt, Seamus McKenna, Liam Campbell, Colm Murphy and Seamus Daly can be held liable for the attack in August 1998 which claimed 29 lives, including the mother of unborn twins.
    [Show full text]
  • Belfast Telegraph
    Bombers of Omagh funded by smuggling - Local & National - News - Belfast Telegraph Friday, April 25, 2008 Weather: Hi: 12°C / Lw: 11°C Loadzajobs | Propertynews | Sunday Life | Community Telegraph Search Site Advanced Search ● niCarFinder.co.uk Home > News > Local & National ● Don't Miss . Loadzajobs.co.uk Local & National ● Propertynews.com In Pictures: ● Belfast Telegraph TV FHM's sexiest women Our Nadine is ● Bombers of Omagh funded by smuggling Family Notices hotter than Kylie, Kate and Klass ● Ads For Free ● Belfast Telegraph ● Email ● Most Article Emailed ❍ Home Channel surfing ● Print ● Most BBC iPlayer is ❍ News Version Read just the start of an internet TV ■ Local & National ● Search revolution Thursday, April 24, 2008 ■ World news ■ Politics By Lesley-Anne Henry Eye mod Bionic eye ■ Environment The organisation responsible for the worst single atrocity of the Troubles had a membership of 150 implant allows hardcore, experienced terrorists and was funded by fuel and tobacco smuggling, Belfast High ■ Education blind people to Court heard yesterday. see again ■ Letters The Real IRA, the terror group behind the Omagh bomb which killed 29 people and unborn twins, also ■ Opinion received financial and logistical support from another 250 republican sympathisers dissatisfied with the Breakfast Good Friday Agreement who were willing to carry out criminal activity on terrorists' behalf. ■ Technology for a boy Women who eat ❍ Breaking News The assessment contained in intelligence documents compiled by the British Embassy also concluded that support for the dissidents was concentrated in south Armagh, Londonderry and Belfast. breakfast more ❍ Business likely to have The papers, signed by David Watkins, senior director for policing and security in the Northern Ireland sons ❍ Sport Office, were sent to the Department of State in the US sometime around 2000 or 2001 and stated that ❍ Health RIRA units were at that time still committed to continuing the republican campaign of violence and undermining Northern Ireland's fragile peace.
    [Show full text]
  • The People (At the Suit of the Director of Public Prosecu- Tions), Prosecutor V
    2 I.R. The Irish Reports 125 The People (at the suit of the Director of Public Prosecu- tions), Prosecutor v. Colm Murphy, Accused [2005] IECCA 1, [C.C.A. No. 25 of 2002] Court of Criminal Appeal 21st January, 2005 Criminal law – Evidence – Admissibility – Discretion of trial court to exclude evidence – Admissions made by accused – Alteration of notes of garda interview – Whether surviving garda evidence admissible – Whether onus on trial court to direct ac- quittal of accused – Whether evidence of previous convictions admissible as cor- roborative of guilt of accused – Whether telephone records admissible as real evidence. Criminal law – Evidence – Corroboration – Non-jury trial – Admissions made by accused – Nature of corroboration – Criminal Procedure Act 1993 (No. 40), s. 10. The accused was tried before the Special Criminal Court on a charge of conspiracy to cause an explosion. The prosecution relied on admissions by the accused to gardaí that on the day before the explosion he had given two mobile telephones to another person in order to assist him to move explosives to Northern Ireland for a bombing operation and also on telephone records showing that these phones had been used in the vicinity of the bombing on the day of the explosion. During the trial, the Special Criminal Court found that some gardaí had altered their notes of the interview with the accused and had then lied about this under cross- examination. The court excised the evidence of the gardaí concerned, but was satisfied that there had been no collusion by other gardaí and that their evidence could be admitted.
    [Show full text]
  • Dealing with the Past? an Overview of Legal and Political Approaches Relating to the Conflict in and About Northern Ireland
    Dealing with the Past? An Overview of Legal and Political Approaches Relating to the Conflict in and about Northern Ireland Healing Through Remembering Dealing with the Past? | An Overview Dealing with the Past? | An Overview Dealing with the Past? An Overview of Legal and Political Approaches Relating to the Conflict in and about Northern Ireland Healing Through Remembering i Dealing with the Past? | An Overview Produced and published by Healing Through Remembering Written by Kieran McEvoy November 2013 ISBN 1-905882-26-2 (10 digit) ISBN 978-1-905882-26-7 (13 digit) The views expressed herein do not necessarily state or reflect the personal views of all members of Healing Through Remembering Can be ordered directly from Healing Through Remembering Alexander House, 17a Ormeau Avenue, Belfast BT2 8HD Tel: +44 28 9023 8844 Email: [email protected] www.healingthroughremembering.org A project supported by the PEACE III Programme managed for the Special EU Programmes Body by the Community Relations Council/Pobal Consortium. ii Dealing with the Past? | An Overview Foreword This report focuses largely upon the “top down” approaches to dealing with the past relating to the conflict in and about Northern Ireland. In discussing the range of key legal, statutory and political initiatives which have shaped the debate locally, Healing Through Remembering (HTR) is of course aware that there have been a wide range of civic, community-based or “bottom-up” processes some of which we have detailed in previous publications including the HTR 2006 report Making Peace with the Past. To capture fully the rich variety of community “bottom up” approaches in the areas of commemoration, living memorial museum, storytelling, truth recovery, acknowledgement, apology and reflection would have doubled what is already a lengthy report and we have therefore taken the decision to focus only on the key ‘top down’ initiatives.
    [Show full text]
  • 1 Neutral Citation No. [2009] NIQB 50 MOR7534 in the HIGH COURT
    Neutral Citation No. [2009] NIQB 50 Ref: MOR7534 Judgment: approved by the Court for handing down Delivered: 08/06/09 (subject to editorial corrections)* IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND _______ QUEEN'S BENCH DIVISION _________ BETWEEN: MARK CHRISTOPHER BRESLIN AND OTHERS PLAINTIFFS; -AND- SEAMUS MCKENNA AND OTHERS DEFENDANTS. __________ MORGAN J The Claim [1] The 12 plaintiffs in this action claim damages including aggravated and exemplary damages for personal injuries sustained by them as a result of the explosion of a bomb in Omagh town centre on 15 August 1998. In addition there are three further claims for damages under the Fatal Accidents (Northern Ireland) Order 1977 and the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937 as a result of the death of members of their families in the explosion. The plaintiffs also include a claim for an injunction to restrain the defendants in respect of their future conduct. [2] The defendants are five named individuals and an unincorporated association identified as The Real Irish Republican Army. Two of the defendants are sued on their own behalf and/or as representing that organisation. It is alleged against the defendants that they were in various ways responsible for the planning, production, planting and detonation of the bomb at Omagh. [3] The plaintiffs are represented by Lord Brennan QC, Mr Lockhart QC and Mr McGleenan, the first named defendant is represented by Mr Brian Fee QC and Mr Connolly, the second named defendant did not appear, the third named defendant is represented by Mr O'Higgins SC and Mr Vaughan, the fourth named defendant entered an appearance but his solicitors 1 subsequently came off record and he has taken no further part and the fifth and sixth named defendants were represented by Mr Dermot Fee QC, Ms Higgins QC and Ms McMahon.
    [Show full text]