Local Authority Times Local Authority Times Vol 21 No.1 & 2 Summer 2017 ISSN No. 0791-8267
Ireland 2040 Plan: What it is and Contents
1. Ireland 2040 Plan: What what it hopes to achieve it is and what it hopes to achieve
By Sheema Lughmani and David Eaton, 5. The Potential Impact of IPA Publications Division Brexit and the Good Friday Agreement
Introduction: Ireland’s National Planning 9. The role of the Data Protection Officer The implementation of the Ireland 2040 Challenges: plan stems from fundamental questions In recent decades, Ireland has developed 12. Commission presents regarding the future and trajectory of tremendously, particularly during White Paper on the future of Europe the nation and as such will encompass the early 1990s which exhibited national strategies to respond to the extraordinary growth despite the 15. NUI GALWAY TEAM receives EPA funding growing changes anticipated in the Irish economic recession. The overall population has increased by over 1 to tackle EPIIC economy, society, and environment. environmental challenges million currently reaching nearly 4.75 The 2040 Plan, led by the Department million. Additionally, the housing stock 16. Freedom of Donegal of Housing, Planning, Community and has increased to over 2 million homes, for footballer Seamus Local Government, is intended to serve Coleman rising tremendously from the previous as a framework for the progression and 750,000. Increases in employment 22. What future for Europe? realization of future development and evince even further improvement, From a Council of investment in Ireland. Also called the European Municipalities rising from 660,000 to over 2 million National Planning Framework (NPF), the and Regions (CEMR) in 2017. These trends exhibit that position 2040 Plan will provide the foundational Ireland will continue to expand, and 25. “Our common values efforts from which future plans will as the population grows, additional should direct Europe’s develop, including strategies for city and demands for housing and jobs will be future” claim Europe’s county development. This paper will necessitated. Thus, the 2040 Plan will towns and regions detail the primary areas of the 2040 Plan seek to address the increasing demands and its overall objectives regarding the in infrastructure, services, and facilities, News items next two decades of Ireland’s economic, as within the next two decades Ireland Pages 26-48 social, and environmental growth. will: Donegal named ‘Media’s Favourite Place in Ireland’ at TravelMedia.ie Awards
Need for a reduction in energy consumption underlined by 2016 growth
What sort of place New consultations detail major savings proposals in should ireland be in Bristol neighbourhoods
2040 and what do Ireland elected to the Governing Body of the we need to do to International Labour achieve this? Organisation (ILO) and more...
Source: Department of Housing, Planning, Community and Local Government (2017)
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1 • increase in population to a projected figure of 5.6 million
• double the population of people over 65
• require over 500,000 new homes to respond to growing demands
• peak at demand for third-level education by mid-late 2020s
• place an increasing emphasis on active lifestyles as the population grows, with a particular focus on mental health
• require an increase in environmental protection towards water and air quality, soils, along with the protection of natural habitats
• need to adapt to climate change and set forth plans to reduce carbon emissions, increase efforts for renewable energy, with a target goal for a sustainable Ireland by 2050.
Source: Department of Housing, Planning, Community and Local Government (2017)
The 2040 Plan will design frameworks to an economy that will establish habits. The 2040 Plan therefore devises address these changes in Irish economic, national benefits, the 2040 Plan to incorporate activities to encourage societal, and environmental factors will offer developments to improve active and healthier lifestyles, such as in a method that serves the nation as a environmental factors to create a safe walking facilities and improved whole. While growth in these areas will healthier quality of life for future cycling paths. occur regardless of an established and generations. The NPF will be involved in effective NPF, the primary goal however improving direct environmental factors A secondary focus of the NPF regarding is to ensure economic growth outside including air pollution, road traffic, health concentrates on reducing steadily the Dublin region. Current trends floods, and climate change in efforts to rising car dependency rate. For example, exhibit that while economic growth in create a positive impact regarding Irish over 60% of commuters use cars for the East will rise, rural areas are likely health and safety within the next two work, with 10% of these commuters to experience a decline in growth decades. spending over an hour on their and experience continuous falls in journeys. Increasing car dependency population. The 2040 Plan seeks to move Additionally, current modern lifestyles rates add further pressure on town- away from the ‘Business as Usual’ model that revolve around indoor work present based businesses to provide car parking as this method does not focus on growth rising trends of increased obesity rates, facilities to meet the rapidly rising for the nation as a whole. Therefore, the diabetes, and heart disease, along demands. This rising car dependence NPF seeks alternate strategies to provide with higher rates of depression that has resulted in increasing tendencies economic growth to regions beyond the are associated with reduced levels of towards the usage of out of town East that will simultaneously ease the exercise. Recent studies report that shopping, business, or other activities, housing burden of the Dublin region. nearly 60% of adults and 25% of resulting in a decline in the utilization children are either overweight or obese. of historic town centres. As such, the People’s Health and Well-Being While diet contributes to these rising deterioration of the town centre as a trends, spatial planning plays an equally place to live, work, or conduct business In addition to efforts to cultivate important role in the rise of unhealthy has negatively impacted the viability of the significance of urban town centres.
2 Source: Department of Housing, Planning, Community and Local Government (2017)
A secondary focus of the NPF regarding aspects of society as the population of (European Commission, 2016, p. 4). The health concentrates on reducing steadily those over 65 has doubled. Additionally, report recognised key deficits in the Irish rising car dependency rate. For example, the population of those aged over 85 has planning system and associated problems over 60% of commuters use cars for effectively quadrupled during the last for Irish infrastructural development. In work, with 10% of these commuters 50 years. As these trends are expected particular, the report notes that due to the financial crisis of 2008, funding for spending over an hour on their to continue, the NPF will attempt to infrastructure in the period between journeys. Increasing car dependency implement strategies to ensure that the 2010 – 2013 period has seen a reduction rates add further pressure on town- elderly population will have the ability in capital expenditure by a margin of based businesses to provide car parking to commute via public transportation, as nearly 50%. This underinvestment facilities to meet the rapidly rising well as retain access to services they will has reduced the quality of the Irish demands. This rising car dependence need. infrastructure, while also creating an has resulted in increasing tendencies undersupply of key public goods such towards the usage of out of town Why do we need a new Planning as housing, roads, and broadband. This shopping, business, or other activities, Framework? damages the competitiveness of the Irish resulting in a decline in the utilization economy and has created problems for of historic town centres. As such, the The NPF has identified key aspects of the Irish transport system, along with infrastructure development in Ireland. raising levels of homelessness. As such deterioration of the town centre as a The framework was developed in the NPF has been developed to both place to live, work, or conduct business response to the European Commissions’ respond to and better prepare Ireland to Furthermore, population aging, cited recommendation that Ireland should plan policy in order to alleviate many of as the most prominent trend of the past “develop in order to promote durable the concerns the nation currently faces. century, will continue to impact all and balanced” growth in the future
3 The National Planning the hope that long term strategic key cities, a more balanced development Framework and Infrastructure investments will allow for a balanced would occur, thereby reducing Dublin’s spatial development. It can be seen in housing demand, while simultaneously The NPF will attempt to address the plans such as Rebuilding Ireland and The assisting regional cities to shift towards failings of the 2002-2020 National National Broadband Plan, in that both becoming international centres for Development Plan by instead utilizing are targeted strategic investment plans. trade and development. Therefore, the a greater degree of inter-departmental To ensure that such plans are successful, 2040 Plan will foster the development and spatial coordination initiatives. the government aims to regularly of these cities, furthering their growth This will allow for the NPF to identify monitor the impact of its policies and and prominence as key regions within key issues and problems across Ireland, use an evidenced informed approach to Ireland, allowing for a more sustainable facilitating a process of decision making influence future investments and plans. cross regional development. regarding strategic investment. These investments would be prioritised, The need for balanced The Implementation the National bringing with them a targeted approach development Planning Framework to regional development. Developing social infrastructure in this method The NPF is designed to better develop Equally crucial to the success of the 2040 will lead to better and more integrated urban centres, with the aim of reducing Plan remains in the ability to transform communities, while ensuring a the disparity between Dublin and other theoretical planning into prosperous balanced regional distribution of regions. At present Dublin is central to implementation. To ensure this success, services. Additionally, it would provide the Irish economy and houses 40% of it remains critical that the NPF explicitly an opportunity for the government to the Irish population. Due to the city’s transcribes how its goals will morph respond to population growth in the size there are high demands placed into successful reality, along with education sector, particularly targeting on Dublin’s housing and transport dictation of the organizing body that demands for primary and secondary infrastructure. Dublin’s population will implement the strategies of the NPF. schools within regions. As third level in particular has led to unsustainable Therefore, by accounting for previous student populations are also growing, demands on the housing market, with errors with the National Spatial Strategy, the framework recommends that sharp increases in housing costs and a along with coordinating with legislative these rising trends should further be growing homeless population. Not only bodies and political institutions, the considered in the development of a new does this represent an immediate social NPF can better improve and implement spatial strategy for Ireland. cost to the disproportionate growth of polices across national, regional, and the region, but it further presents a risk local bodies. As such, the successful The purpose of this planning framework to Ireland’s long term competiveness. implementation of the 2040 Plan will is to address problems that have As growth is concentrated in Dublin, ensure the continued success of Ireland arisen since the last spatial strategy housing prices will continue to rise by accounting for the growing changes commenced. In particular, the uneven unless other regions are enabled to in economic, social, and environmental growth between regions has meant that attract FDI led development. factors through the implementation in some areas there is an oversupply of strategies to establish a better quality of infrastructure, while in others it remains The regional cities of Cork, Galway, and life for future generations. inadequate. This lack of balance meant Limerick offer the best opportunities that as the economy expanded, areas to alleviate Dublin’s housing burden. in which the population grew, there Each has a university, decent References: Department of Housing, Planning, Community, and Local remained a continuous undersupply transport links, along with a credible Government (2017). Ireland 2040: for infrastructure needs. As a result, opportunity to develop housing and Our Plan: Executives Summary Issues and Choices. Dublin: Department of Housing, Planning, Community, and Local planning for spatial development and broadband infrastructure. Attracting Government. Available at: http://npf.ie/wp-content/up- loads/2017/02/NPF-Executive-Summary.pdf [Accessed 12 service delivery has become increasingly FDI companies to these regions will June 2017].
difficult. Consequently, this has meant reduce the demographic pressures on Department of Housing, Planning, Community, and Local that in some regions, particularly cities the greater Dublin area, as there would Government (2017). Ireland 2040: Our Plan: Issues and Choices. Dublin: Department of Hous- and large towns, large scale capital be opportunities to develop and expand ing, Planning, Community, and Local Government. Available at: http://npf.ie/wpcontent/uploads/2017/02/NPF-Execu- projects are economically unviable by business opportunities outside of Dublin. tive-Summary.pdf [Accessed 12 June 2017].
international standards, due in part, to For instance, this can be achieved by Department of Housing, Planning, Community, and Local the smaller population density in these facilitating the formation of closer links Government (2017). Shaping Ireland towards 2040: What will Ireland be like in 20 areas. between firms and universities within years’ time? Dublin: Department of Housing, Planning, Community, and Local Government. Available at: http:// the regional cities, while concurrently npf.ie/wp-content/uploads/2017/02/Shaping-Ireland-to- Through planning and developing encouraging the state to invest in the wards-2040.pdf [Accessed 12 June 2017]. a spatial strategy, a more coherent infrastructure of such cites as well as The European Commission (2016). Recommendation for a COUNCIL RECOMMENDATION on and balanced approach to regional their neighbouring regions. Through the 2016 national reform programme of Ireland and deliv- ering a Council opinion on the 2016 stability programme of development can occur. The government a strategic investment strategy focused Ireland. Brussels: The European Commission. Available at: on improving the capacities of these http://ec.europa.eu/europe2020/pdf/csr2016/csr2016_ire- has committed to this approach, with land_en.pdf [Accessed 12 June 2017]
4 The Potential Impact of Brexit and the Good Friday Agreement
By David Eaton and Sheema Lughmani, IPA Publications Division
Introduction: Ireland are members of the European Republic. However, with the UK’s Union. As they both currently retain withdrawal from the EU this situation On June 23rd, 2016, over half of the membership, they are able to develop remains vulnerable to a potential United Kingdom (UK) historically mutual agreements with one another negative change. voted to leave the European Union without soliciting EU approval. This (EU), with a leave vote of 51% to a has allowed both states to maintain The Border: remain vote of 48%. On March 29th, their informal border agreement, 2017, Theresa May invoked Article 50 the Common Travel Area (CTA), The Common Travel Area affords a of the European Union to begin the by supporting the agreement with special status for citizens of both the UK two-year process of withdrawing from existing legislation in both countries. and the Republic, allowing citizens of the EU. However, many post-Brexit In principle this has also allowed a either state to be recognized as citizens conditions remain unclear as defined causal relationship in the policing and of both states. In practice this means terms have yet to be negotiated. This maintenance of their shared common that there are no legal border controls article will focus on the potential border. In exchange this has lessened between the UK and Ireland, which has impact as well as implications of Brexit the prominence of the symbolic enhanced cooperation between the two on the Good Friday Agreement and border between Northern Ireland and states in policing and border control. As relations between Northern Ireland the Republic. Since the Good Friday both states share separate, yet mutually and the Republic. Agreement, the physical representation dependant external borders, they of a border between Ireland and the UK practice the principle of free movement Scoping Brexit Problems for via Northern Ireland has ended. The of people between both states. As both Ireland: Customs Union and the Single Market Irish and British citizens are recognised of the EU now makes hard border as having special status in both states, Brexit creates difficulties for the status instruments, such as customs posts, there remains limited border controls of Northern Ireland and the North- illegal for trade between two member between both the two states (Ryan 2001). South Border. There remain substantive states. The situation that has emerged legal and political challenges to the from both states being party to these However due to the expectation that maintenance of the free movement of agreements has resulted in a constant Ireland will continue to remain an EU goods, services, and people arising due and fluid movement of people, along member state, and that the UK will not, to the UK’s exit from the EU. Under with the trading of goods and services this situation will change. As Ireland will existing legislation, both the UK and between Northern Ireland and the retain EU membership, it is still required
5 to maintain the four freedoms of the reintroduction of passport Ireland in particular exports heavily capital, goods, services and people. Due controls, along with the symbolism to the Republic and both states share to the principle of a shared external of the border, will establish a sense an island wide energy grid. How border for Ireland and the UK, this of isolation among the nationalist such systems will be maintained in a would essentially allow for EU and EEA community in Northern Ireland, which post-Brexit scenario is unknown. As members to circumvent UK border would increase regional tensions. Ireland remains an EU member, its controls, but only under the existing Ireland’s FDI growth model requires it associated organisations will legally arrangements of the CTA. to retain a flexible open border policy be required to enforce any agreements to support its highly profitable IT and its membership determines. In theory, pharmaceutical sectors, while the the UK could choose not to reciprocate Problems for the Common Travel retention of free movement with other customs posts and traffic on Irish Area: EU states is important for its tourism goods, but just an arrangement would sector. Northern Ireland would suffer be difficult to justify politically. However, the maintenance of such from the same consequences. To Unlike the UK, the rules for Ireland a situation, may be more difficult resolve these issues, there remains a are predetermined by its membership in the future, as the UK might seek potential option for the UK to sign status to the EU, and thus lacks the to amend the rules of the CTA and a temporary arrangement with the same flexibility as the UK. thereby ending the current practice EU to allow for the free movement of of the free movement people. This people for a limited time frame, but The Search for Pragmatic and manoeuvre would face serious the terms of such an arrangement Creative Solutions: scrutiny and resistance from the along with the political consequences Irish government. The CTA’s status at are still unknown. Additionally, it As mentioned previously, there are present is an agreement between an also remains plausible that Ireland various mechanisms around this EU member state and an external state and the UK could also pursue a causal principle of enforcement, such as regarding a community level issue, approach to the Northern Irish border, relaxed Ireland-UK customs relations. in principle implying that any free ignoring border controls between the Additionally, the UK could seek a deal movement of people between Ireland shared land borders. Such an approach on a customs union between itself and the UK would further require might however prove to be a legally and the EU, which would avoid this legal approval from the EU as a whole. questionable approach due to Ireland’s issue. However, it seems unlikely the Yet, soliciting this approval would be obligations as an EU member state. EU would be willing to negotiate a both a political and legal challenge deal on such an arrangement unless in addition to breaking the rules of Trade Relations and Options: the UK attempts to compromise on Ireland’s membership of the Single some of its prerogatives to establish Market. Theoretically, this implies that As with the free movement of people, trade arrangements between it any agreement given the EU stamp of the free movement of goods and and third parties (Rampen, 2017). approval would require Ireland to reach services would also be altered by Brexit, Likewise, the EU has signalled it a compromise. Such compromises as the UK’s exit from the EU defines might also be unwilling to design an reveal the vulnerability of the current it as an external state. According to arrangement with the UK unless the unrestricted access as Ireland would Ireland’s obligation as both a member principle of free movement of people likely decide if its citizens should of the Customs Union and the Single is retained (Nicolaides and Roy, 2017). retain unrestricted access to either the Market, the UK’s position as an external Another option is that the UK could UK or the EU, as it would be legally state requires the imposition of an temporarily retain its membership of complicated to retain both. external tariff on goods and services the European Customs union until imported from the UK, potentially a more comprehensive trade deal is The Consequences to Be resulting in the formation of customs developed between it and the EU, such Considered: checks between Northern Ireland as the agreement made between the EU and the Republic. In doing so Brexit and Canada in 2015. Either option would have damaging would have significant negative effects consequences for both the Republic for both intra-island trade as well as While not ideal, such situations could and Northern Ireland as the free trade between Ireland and Britain. reduce the burden for Northern Irish movement agreement affords both The first of these impacts would be firms trading with the Republic and states numerous economic and social the increased costs of administration avoid the issue of customs posts being benefits. For example, it allows both due to the customs border regulation. erected by the Republic. The legality states to attract highly skilled workers Consequently, this will raise the costs of such an arrangement and how the from other European states due to of doing business between both states politics of negotiation might shape it provisions allowing for the commuting as well as increasing commuting are still unclear at this moment in time. of workers across borders. Therefore, times between the borders. Northern
6 However, as stated several times by parliamentary elections. Additionally, unification debate. UK’s Prime Minister Theresa May, the the May 2016 elections demonstrated UK will not retain its membership of that 41% of Northern Ireland, with a However, contradictory to the single market, while the situation slight fall to 39.8% in May 2017, support assertions maintained by Sinn Fein of the UK’s membership of the customs the second and third largest Northern and the SDLP, Conservative Party union is unclear. This limits the UK’s Irish parties: Sinn Fein and the Social politician Theresa Villiers argued options to retaining access to the Democrat and Labour Party (SDLP), in June 2016 that there remains Customs Union and using existing both who favour the unification inadequate evidence signifying a WTO agreements. Essentially, this of Ireland and maintenance of EU prominent Northern Irish desire to implies that the future of trade as well membership. Smaller parties, such as shift towards a united Ireland. Others, as the North-South border is an issue the Ulster Unionist Party, Alliance, such as Kevin Meaghar, former special that is to be decided by the EU27 and and Green party, also maintain anti- adviser on Northern Ireland to the UK, the UK. Brexit/ pro-EU membership positions. indicated in a March 2017 interview Sinn Fein and the SDLP have argued that ““There’s probably more serious that maintaining EU membership for discourse about Irish reunification Post-Brexit Potential Northern Ireland can only be achieved now than at any time since partition,” Reunification Debates: through unification of the Republic and (Duncan, 2017). its northern neighbours. Responding A more contested option regarding the to Theresa May’s invocation of Article Meaghar argues that while current avoidance of the direct impact of Brexit 50, Sinn Fein, the SDLP, Alliance, opinions of unification imply on Northern Ireland is the potential and Green party brought forth legal “lukewarm” sentiment (Meaghar, 2016, reunification of Northern Ireland action against May’s intentions, p.18), the prospect of “losing the vast with the Republic, particularly given arguing that such events could only amounts of money Northern Ireland that 56% of Northern Ireland voted to take place after a parliamentary vote. receives from the European Union will remain part of the EU. In 2015, a BBC However, in October 2016, a ruling be a high price to pay for leaving” (2016, conducted poll evinced only 30% of by Mr. Justice Maguire of the High p. 18). Northern Ireland’s “precarious” Northern Ireland favoured leaving Court in Belfast determined that the economy (Meaghar, 2016, p. 18) is the UK, but these opinions have since UK did not require a parliamentary determined to receive €600 million per changed post-Brexit. For example, vote to invoke Article 50, nor would year up until 2010 from the EU, with while Northern Ireland’s largest party, the Brexit process undermine the this funding not guaranteed by the UK, the Democratic Unionist Party (DUP), Good Friday Agreement. The ruling creating a potential deteriorating effect have favoured Brexit, they lost 10 seats derailed hopes of legally undermining on Northern Ireland’s public finances. in the May 2017 Assembly elections, the decision to withdraw from the EU While Northern Ireland currently and gaining 2 seats in the June 2017 and has intensified the Brexit/ Ireland receives £10 billion from the UK, the loss of EU funding, particularly farming subsidies, will considerably impact the majority of Northern Irish farmers.
Border arrangements further complicate the situation, as Northern Ireland “sits on the frontline between the UK and European Union” (Meaghar, 2016, p. 18). Neither the Republic nor Northern Ireland want to see the return of a hard border, as the reintroduction of a closed border with customs checks would derail much of the North’s cross-border retail (Duncan, 2017). Additionally, Professor Jennifer Todd of University College Dublin asserts that UK and Irish membership within Source: The New York Times (2016) the EU allows for “[o]penness of cross-
7 Source: Economic Social Research Council (2017)
border crossing, employment, and If Northern Ireland votes to ed-brexit-referendum.html?_r=0 [Accessed 13 Jun. 2017]. trade” (Todd, 2015, p. 8) and Brexit unify with the Republic, Brexit Secretary ARK. Northern Ireland Life and Times Survey, 2015 [comput- er file]. ARK http://www.ark.ac.uk/nilt [distributor], June threatens this by undermining the David Davis confirmed that unlike 2016 [Accessed 13 Jun. 2017]. Good Friday Agreement. However, this Scotland, Northern Ireland would Bell, J. (2017). David Davis united Ireland letter shows Northern Ireland has automatic route remains contradictory to the October retain EU membership via the Republic’s back to EU: SDLP chief Eastwood. Belfast Telegraph. [online] Available at: http://www.belfasttelegraph.co.uk/news/north- 2016 ruling by the High Court of Belfast current status as a member. In April ern-ireland/david-davis-united-ireland-letter-shows-north- ern-ireland-has-automatic-route-back-to-eu-sdlp-chief-east- which maintained the Brexit would not 2017, the European Council reaffirmed wood-35572252.html [Accessed 13 Jun. 2017]. derail the Good Friday Agreement. this position, that a united Ireland Cowburn, A. (2017). Northern Ireland ‘can rejoin EU after would confer EU membership to the Brexit if it votes for The potential impact of a second 2018 reunification. The Independent. [online] Available at: http:// North, potentially using, as Enda Kenny www.independent.co.uk/news/uk/politics/brexit-north- Scottish independent movement, ern-ireland-can-rejoin-eu-reunification-david-davis-stor- asserted, the precedent of the East-West mont-a7653346.html [Accessed 13 Jun. 2017]. advocated by the Scottish National Germany reunification. However, these Duncan, D. (2017). A reunited Ireland? That could be one of Party (SNP) could hypothetically result Brexit’s side-effects. CBC News. remain potential post-Brexit scenarios, [online] Available at: http://www.cbc.ca/news/world/brex- in a similar referendum in Northern it-northern-ireland-don-duncan-1.4045368 [Accessed 13 as it remains unclear if a majority of Jun. 2017]. Ireland. However, Scottish First Minister voters seek to unify with the Republic, Economist.com. (2017). The difference between Europe’s Nicola Sturgeon has maintained that an “customs union” and “single along with the uncertainty regarding market”. [online] Available at: http://www.economist.com/ independence movement rests on the blogs/economist-explains/2016/10/economist-explains-6 what post-Brexit conditions will mean [Accessed 13 Jun. 2017]. question of a ‘hard’ or ‘soft’ Brexit in 2019. for Northern Ireland. Meagher, K. (2017). Could Brexit Break up the UK?. Political The previous referendum movement Insight, [online] 8(1), pp.16-19. As of now, the only clear in September 2016 exhibited that 55% Available at: http://journals.sagepub.com/doi/ decision regarding Brexit remains abs/10.1177/2041905817702732 [Accessed 13 Jun. 2017]. of Scotland voted to remain within the the decision to leave the EU, as many Nicolaides, P. and Roy, T. (2017). Brexit and Trade: Between UK, yet the SNP argues that Brexit cites Facts and conditions are still open to negotiation, Irrelevance. Intereconomics, 52(2), pp.100-106. a necessity for revaluation as Brexit Rampen, J. (2017). What is the EU customs union and will leaving ambiguity regarding the direct Brexit make us leave?. New has changed conditions. Ultimately, it Statesman. [online] Available at: http://www.newstatesman. impact of post-Brexit on the Good Friday com/politics/staggers/2017/01/what-eu-customs-union- remains an open question if Scotland and-will-brexit-make-us-leave [Accessed 13 Jun. 2017]. Agreement as well as relations between will seek a second referendum in 2018 Rankin, J. (2017). Europe could allow a united Ireland to join the Republic, the UK, and Northern EU after Brexit. The Guardian. and what impact this will produce on [online] Available at: https://www.theguardian.com/uk- Ireland. news/2017/apr/27/eu-to-debate-recognising-united-ireland- the Northern Ireland reunification to-allow-swift-return-for-north [Accessed 13 Jun. 2017]. Ryan, B. (2001). The Common Travel Area between Britain movement. These questions will remain and Ireland. Modern Law Review, 64(6), pp.831-854. open to debate until the UK begins References: dictating the terms of a ‘hard’ or ‘soft’ Aisch, G., Pearce, A. and Russell, K. (2016). How Britain Todd, J. (2015). The Vulnerability of the Northern Ireland Voted in the E.U. Referendum. The Settlement: British Irish Relations, Brexit within the next two years. New York Times. [online] Available at: https://www.nytimes. Political Crisis and Brexit. Études irlandaises, [online] 40(2), com/interactive/2016/06/24/world/europe/how-britain-vot- pp.61-73. Available at: http://hdl.handle.net/10197/7792 [Accessed 13 Jun. 2017].
8 The role of the Data Protection officer under the General Data Protection Regulation
By Fintan Swanton
Under Article 37 of the General regional and local authorities, but assign data protection related tasks to Data Protection Regulation the concept, under the applicable their staff or external consultants, it (GDPR), all public authorities national laws, typically also includes should be made clear internally and and bodies will be required to a range of other bodies governed by externally that such staff or consultants designate a Data Protection public law. are not DPOs. Officer (DPO). Organisations that on a large scale, as part of • ‘Core activities’ can be considered their core activities, regularly as the key operations to achieve the The GDPR provides that DPOs “shall be and systematically monitor controller’s or processor’s objectives. designated on the basis of professional data subjects or process sensitive • Regular and systematic monitoring qualities and, in particular, expert personal data will also have to of data subjects … clearly includes knowledge of data protection law and appoint a DPO. On April 5th, the all forms of tracking and profiling practices and the ability to fulfil the Article 29 Working Party (WP29) on the internet, including for tasks [set out in the Regulation]”. There is published its guidelines on the role of the DPO, clarifying its the purposes of behavioural no specific qualification or certification interpretation of the GDPR as it advertising. However, the notion of specified in the Regulation, but the relates to the DPO. monitoring is not restricted to the WP29 considers the necessary skills and online environment. expertise to include: One of the most significant changes • Factors to be considered when in the GDPR is the requirement for deciding whether processing is • Expertise in national and controllers and processors to be able “large scale” include the number of European data protection laws and to demonstrate compliance with the data subjects, the volume and range practices including an in-depth Regulation. As the WP29 puts it, the of data, duration of data processing understanding of the GDPR; DPO is “a cornerstone” of this principle and geographical extent of data • Understanding of the processing of “accountability”. That said, the WP29 processing. A simple example given operations carried out; emphasises that compliance is the is the processing of healthcare • Understanding of information controller’s or processor’s responsibility related data by an individual doctor technologies and data security; and DPOs are not personally responsible (not large scale), or by a hospital • Knowledge of the business sector for compliance with the GDPR. (large scale). and the organisation; • Ability to promote a data protection The terms “public authority or body”, The WP29 goes on to recommend that, culture within the organisation. “core activities”, “large scale” and unless a DPO is obviously not required, “regular and systematic monitoring” controllers and processors should The role of the DPO may be contracted aren’t defined in the GDPR, so the WP29 document the analysis and process out to an external service provider and, offers its interpretation and guidance on leading to their decisions whether or not where it is, the DPO may be a natural their meaning. to appoint a DPO. person or a legal person (e.g., a limited company). In the latter case, the WP29 In summary: DPOs may be appointed on a voluntary recommends that for reasons of legal basis, but where they are, the same clarity and good organisation, the • The WP29 considers that such a GDPR requirements regarding their contractor should designate a named notion [“public authority or body”] designation, role and tasks will apply person as the lead contact for the client. is to be determined under national as to mandatory DPO appointments. The DPO does not necessarily have to be law. Accordingly, public authorities Therefore, where organisations don’t a full time role, but as the WP29 put it, and bodies include national, appoint a DPO but do, as they may, “the DPO’s primary concern should be
9 enabling compliance with the GDPR” IT Managers. Where an organisation he has collaborated with the Institute and “having sufficient time to devote to appoints a DPO, this will no longer be of Public Administration and the Irish DPO tasks is paramount”. an option. The WP29 draft guidelines Computer Society to present their data protection training programmes, as well are very extensive and provide welcome as updating and developing the content Where DPOs have other duties, these clarity as to its expectations regarding of these courses. He consults with, cannot be incompatible with their DPO the appointment and duties of DPOs. advises and provides training to a range functions. Examples given by the WP29 of organisations, public and private, on of roles which would conflict with the Author bio: data protection compliance. DPO include: Fintan Swanton, Senior Consultant and Managing Director with Cygnus Consulting, has been a data protection • Chief Executive Officer; and management consultant since 2006. • Chief Operating Officer; Fintan was the founding Chairman • Chief Financial Officer; of the Association of Data Protection • Chief Medical Officer; Officers and past President of the Irish • Head of Marketing; Computer Society. Previous employers • Head of Human Resources; include The Sunday Business Post, AIB, and Prudential Europe. He has more • Head of IT. than 25 years experience in ICT. Fintan is a Chartered Engineer, a Chartered IT The latter, while well flagged, will be Professional, a Certified Data Protection problematic for many of our clients. Practitioner, a Certified Information Historically, data protection compliance Systems Auditor and holds a Masters has by default landed on the desks of Degree in Computing. In recent years
10 11 Commission presents White Paper on the future of Europe: Avenues for unity for the EU at 27
As announced in President Juncker’s 2016 State of the Union speech, the European Commission today presented a White Paper on the Future of Europe, which forms the Commission’s contribution to the Rome Summit of 25 March 2017. As we prepare to mark the 60th anniversary of the EU, we look back on a peace spanning seven decades and on an enlarged Union of 500 million citizens living in freedom in one of the world’s most prosperous economies. At the same time, the EU has to look forward at how it will carve a vision for its own future at 27. The White Paper sets out the main challenges and opportunities for Europe in the coming decade. It presents five scenarios for how the Union could evolve by 2025 depending on how it chooses to respond.
European Commission President Jean- Claude Juncker said: “60 years ago, Europe’s founding fathers chose to unite populism. It spells out the choice we will continue to depend on its openness the continent with the force of the law face: being swept along by those trends, and strong links with its partners. rather than with armed forces. We can or embracing them and seizing the be proud of what we have achieved since new opportunities they bring. Europe’s The White Paper sets out five scenarios, then. Our darkest day in 2017 will still population and economic weight is each offering a glimpse into the be far brighter than any spent by our falling as other parts of the world grow. potential state of the Union by 2025 forefathers on the battlefield. As we mark By 2060, none of our Member States depending on the choices Europe will the 60th anniversary of the Treaties of will account for even 1% of the world’s make (see Annex). The scenarios cover a Rome, it is time for a united Europe of population – a compelling reason for range of possibilities and are illustrative 27 to shape a vision for its future. It’s sticking together to achieve more. A in nature. They are neither mutually time for leadership, unity and common positive global force, Europe’s prosperity exclusive, nor exhaustive. resolve. The Commission’s White Paper presents a series of different paths this united EU at 27 could choose to follow. It is the start of the process, not the end, Contacts : and I hope that now an honest and wide- ranging debate will take place. The form Margaritis Schinas (+32 2 296 05 24) will then follow the function. We have Europe’s future in our own hands.” Mina Andreeva (+32 2 299 13 82)
The White Paper looks at how Europe Natasha Bertaud (+32 2 296 74 56) will change in the next decade, from the impact of new technologies on society For the public: Europe Direct by phone 00 800 6 7 8 9 10 11 or by email and jobs, to doubts about globalisation, security concerns and the rise of
12 • Scenario 1: Carrying On - The EU27 rules and technical standards. The European Commission will focuses on delivering its positive - Scenario 4: Doing Less More contribute to the debate in the months reform agenda in the spirit of the Efficiently - The EU27 focuses to come with a series of reflection papers Commission’s New Start for Europe on delivering more and faster in on: developing the social dimension of from 2014 and of the Bratislava selected policy areas, while doing Europe; Declaration agreed by all 27 less where it is perceived not to • Developing the social dimension of Member States in 2016. By 2025 this have an added value. Attention Europe; could mean: and limited resources are focused • Deepening the Economic and - Europeans can drive automated on selected policy areas. By 2025 Monetary Union, on the basis of the and connected cars but can this could mean Five Presidents’ Report of June 2015; encounter problems when - A European Telecoms Authority crossing borders as some legal and will have the power to free up • Harnessing globalisation; technical obstacles persist. frequencies for cross-border • The future of Europe’s defence; - Europeans mostly travel across communication services, such • The future of EU finances. borders without having to stop as the ones used by connected for checks. Reinforced security cars. It will also protect the rights Like the White Paper, the reflection controls mean having to arrive at of mobile and Internet users papers will offer different ideas, airports and train stations well in wherever they are in the EU. proposals, options or scenarios for advance of departure. - A new European Counter- Europe in 2025 without presenting terrorism Agency helps to deter definitive decisions at this stage. • Scenario 2: Nothing but the Single and prevent serious attacks President Juncker’s State of the Union Market – The EU27 is gradually re- through a systematic tracking speech in September 2017 will take these centred on the single market as the and flagging of suspects... ideas forward before first conclusions 27 Member States are not able to find could be drawn at the December 2017 common ground on an increasing • Scenario 5: Doing Much More European Council. This will help to number of policy areas. By 2025 this Together – Member States decide decide on a course of action to be rolled could mean: to share more power, resources out in time for the European Parliament - Crossing borders for business or and decision-making across the elections in June 2019. tourism becomes difficult due board. Decisions are agreed faster to regular checks. Finding a job at European level and rapidly abroad is harder and the transfer enforced. By 2025 this could mean: Background of pension rights to another - Europeans who want to complain Sixty years ago, inspired by a dream country not guaranteed. Those about a proposed EU-funded wind of a peaceful, common future, the falling ill abroad face expensive turbine project in their local area EU’s founding members embarked medical bills. cannot reach the responsible on an ambitious journey of European - Europeans are reluctant to use authority as they are told to integration, with the signing of the connected cars due to the absence contact the competent European Treaties of Rome. They agreed to settle of EU-wide rules and technical authorities. their conflicts around a table rather standards. - Connected cars drive seamlessly than in battlefields. As a result, the across Europe as clear EU-wide painful experience of Europe’s troubled • Scenario 3: Those Who Want More rules exist. Drivers can rely on an past has given way to a peace spanning Do More – The EU27 proceeds as EU agency to enforce the rules. seven decades and to a Union of 500 today but allows willing Member million citizens living in freedom and States to do more together in specific Next Steps opportunity in one of the world’s most areas such as defence, internal The White Paper is the European’s prosperous economies. security or social matters. One or Commission contribution to the Rome several “coalitions of the willing” Summit, the moment when the EU will The 60th anniversary of the Treaties emerge. By 2025 this could mean discuss its achievements of the past 60 that: of Rome on 25 March 2017 will be an years but also its future at 27. The White important occasion for EU27 leaders - 15 Member States set up a Paper marks the beginning of a process police and magistrates corps to reflect on the state of play of our for the EU27 to decide on the to tackle cross-border criminal European project, to consider its 3 activities. Security information achievements and strengths as well is immediately exchanged as future of their Union. To encourage as areas for further improvement, and national databases are fully this debate, the European Commission, to show common resolve to shape a interconnected. together with the European Parliament stronger future together at 27. - Connected cars are used widely and interested Member States, will host in 12 Member States which have a series of ‘Future of Europe Debates’ As announced by President Juncker agreed to harmonise their liability across Europe’s cities and regions. in his State of the Union speech of 14
13 September 2016, which was welcomed by the EU-27 leaders at the Bratislava Summit of 16 September 2016, the Commission has today For More Information presented a White Paper on the future of Europe in order to launch the debate ahead European Commission White Paper on the future of Europe of the Rome Summit. https://europa.eu/european-union/eu60_en The White Paper will serve to steer the debate among the 27 Heads of State or Government and help structure the discussion at the The European Story: 60 years of shared progress Rome Summit and well beyond. It will also be http://europa.eu/rapid/press-release_SPEECH-16-3043_en.htm used by the Commission as the starting point for a wider public debate on the future of our continent.
ANNEX: Five scenarios offering a glimpse into the potential state of the Union by 2025
14 NUI GALWAY TEAM RECEIVES EPA FUNDING TO TACKLE EPIIC ENVIRONMENTAL CHALLENGES
By NUI Galway
In December, 2016, a team from NUI more potentially interesting angles at how it could position Ireland to avail Galway’s Ryan Institute secured of the research will be to uncover of opportunities in areas such as the EU’s funding from the Environmental lessons drawn from Northern Ireland Circular Economy Package, for example. Protection Agency (EPA) to gather and Scottish institutions, especially The challenges are multi-dimensional new empirical research on the in the post-Brexit situation. Dr such as climate action and energy de- quality of Irish environmental policy Flynn highlighted that: “We are very carbonisation and require a number integration. The research project keen to hear from public officials of government departments and state will identify how to achieve a more who are interested in participating agencies to work together with a common cohesive environmental policy in this study, naturally in the key purpose. An integrated approach to governance. Dr Brendan Flynn of government departments, but sustainability, through applying EPI the School of Political Science & also local authority directors could possibly generate more positive Sociology and Pádraic Ó hUiginn of services for environment, outcomes, much greater than the sum from the BioÉire project were awarded waste, transport and serving and of the individual parts.” “EPIIC aims to funding under the EPA’s Research current or retired city and county give voice to those directly engaged in Sustainability Pillar. managers.” Dr Brendan Flynn added: implementing environmental policies “Environmental policy integration in key government departments, state EPIIC (Environmental Policy can be defined as the systematic agencies and local authorities. By Integration – Innovation and Change) inclusion of environmental concerns making use of interview-based research is a one-year desk-study which will into traditional environmental with the policy experts dealing with identify urgent pressures on integrated and planning laws or policies. It is these complex global challenges we environmental policy across Ireland’s about achieving a cohesive, greener aim to identify urgent pressures and public administration system. Key governance, or conversely, about also examples of best practice of policy cross-sectoral areas included are uncovering how environmental implementation in Ireland,” added Mr Ó energy, emissions and climate change, policies can be undermined through hUiginn. waste, transport, agriculture, marine a lack of good co-ordination. This resources, public expenditure and the study will focus on a few key policy For more information visit: http://www.nuigalway.ie/ryaninstitute/ project will examine the possibilities areas where there are cross-cutting research/specialinterestgroups/epi for environmental policy integration issues and demands.” Research icenvironmentalpolicyintegration- to assist in addressing these challenges. Fellow Pádraic Ó hUiginn outlined innovationandchange/ how: “EPIIC will take a focused look The study will engage with national at reviewing the possibilities for EPI Source: departments of state, the local and to provide mechanisms for low-cost http://www.nuigalway.ie/about-us/news-and-events/news- regional governance levels, and also practical application to overcome archive/2016/december2016/nui-galway-team-receives-epa- funding-to-tackle-epiic-environmental-challenges.html specialist states agencies with an barriers to environmental policy interest in sustainability. One of the implementation. We are also looking
15 Sporting hero, footballer Seamus Coleman honoured with Freedom of Donegal
There was great excitement in the County House Lifford on Friday June 2nd, 2017 when local Donegal man and sporting hero Seamus Coleman was honoured with the freedom of the county at a civic reception hosted by the Cathaoirleach Cllr. Terence Slowey and elected members of Donegal County Council.
Seamus started his football career with St. Catherine’s in Killybegs. He joined League of Ireland side Sligo Rovers in 2006 and then moved to England to sign for Everton in January 2009.He has made over 200 appearances for Everton and is regarded as one of the league’s top full-backs. Seamus Coleman has been a senior international for the Republic of Ireland since 2011, acquiring over always lie here. Wales in March this year and said 40 caps. He won the 2011 Nations Cup that while it was a set back, he is fully and was awarded the FAI Under-21 He thanked his mother and father for committed to making a full recovery International Player of the Year in both all their support and told the audience and left his guests in no doubt that he is 2009 and 2010. He was selected for that he was taught from a very early age still hungry to succeed at Premier League the Ireland squad at UEFA Euro 2016, to always say thank you and that this is level. He concluded by paying tribute to captaining Ireland against both Italy something that he has carried with him his wife Rachel and thanked her for her and France and in September 2016 throughout his life. He also spoke about endless support and commitment. he was named as Irelands permanent his recent injury which he received Captain following the retirement from during the World Cup Qualifier against Chief Executive of Donegal County international football of Robbie Keane.
Seamus Coleman was joined by his wife Rachel, his daughter Lily, his mother Maire, his father Henry and his brothers Stevie and Francis at Friday’s ceremony where he received the honour of the freedom of the county in recognition of his footballing achievements including the captaincy of the Republic of Ireland football team.
Speaking at the ceremony an emotional Seamus Coleman said that he was shocked to receive this honour and that this award would take pride of place in his home. He also talked about how proud he is to be from Killybegs and Donegal and said that his heart would
16 Council Seamus Neely also spoke at week out for the children and young each political party and grouping the ceremony and said that while this people in his area. This is replicated in within Donegal County Council is a very special day for Seamus and his towns and villages across the county also congratulated Seamus Coleman family it is also a very special day for the and indeed across the country. These on receiving this award and the soccer community in Donegal. “Seamus volunteers are the people who to turn up Cathaoirleach Cllr. Terence Slowey like so many other young boys and night after night, in all types of weather summed up the feeling of all those girls in Donegal started his footballing to give our children and young people present when he said “while you have career in his local club, in this case St. the opportunity to participate, to learn, achieved great things on the field, I Catherine’s in Killybegs. And Seamus’s to grow and in Seamus’s case to become can’t help but be most impressed by ongoing support and commitment of his one of the most highly regarded players your achievements off the field. You are home club demonstrates the esteem with in the Premier League”. a modest and humble person. A person which he holds this club, the people of who always has time to talk to his the club and what they do week in and An elected member representing supporters and especially the children and young people that look up to you as their hero and role model. You are also a person who remains hugely committed to your hometown and you are a wonderful ambassador for Donegal”.
Seamus is the eighth recipient of a badge and pin specially commissioned by the Council and which is reserved exclusively for those on whom the Freedom of the County is conferred. The badge, crafted by Ms Geraldine Hannigan, Designer Goldsmith, Letterkenny, and mounted on a background designed by Mr Fionntan Gogarty, Artworks, is a silver replication of the County Badge granted to the Council County by the Chief Herald of Ireland as part of a Grant of Arms to the County. The badge comprises the O’Donnell Cross enfiled by an Iunula. The Iunula on which it is based was discovered at Trentagh, Co. Donegal, and dates to the period 1500 -2,000 B.C. It is on display in the National Museum.
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Now Enrolling for October Diploma in Civil Service and State Agency Studies
2017-2018 Is this Programme for You? The Diploma in Civil Service and State Agency Studies is designed to complement the Cerficate in Civil Service and State Agency Studies, which has been running successfully since 2004. The Diploma provides a more in-depth explanaon and analysis of the system of government, ‘governance’ and public administraon in Ireland. Both programmes are intended to be an important step in the career development path of civil and public service staff and to provide material of relevance to enhance the competence of individuals in their career path. The programme is aimed at civil and public servants who have successfully undertaken and completed the Cerficate in Civil Service and State Agency Studies. Both programmes are relevant to: All staff working within the civil service, state agency and local authority sectors, parcularly staff at junior and middle level grades (the content is appropriate to those in technical and professional as well as administrave grades); Staff in other organisaons that significantly interact with government and the system of public administration.
Applicaon Process Applicaon Deadline: mid-October 2017. Completed applicaons should be submied in hardcopy and will be acknowledged by email upon receipt. Course confirmaons will issue by email to confirmed students in mid-October.
Entry Requirements Cerficate in Civil Service and State Agency Studies (UCD/NUI).
Aendance Students aend six tutorials, as indicated in the provisional metable below. Tutorials are full-day, dayme sessions and students are expected to aend all tutorials unless they can produce a medical cerficate or a leer from their training officer excusi ng them.
Tutorial Dates Please note that tutorial/examinaon dates may be subject to change.
Module 1: Friday 27 October 2017 Venue Dublin: IPA, 57-61 Lansdowne Road, Dublin D04 TC62 Module 2: Friday 24 November 2017 Accreditaon Module 3: Monday 18 December 2017 UCD
Module 4: Friday 19 January 2018 Level on Naonal Framework of Qualificaons Level 6 (Special Purpose Award, 15 credits) Module 5: Friday 16 February 2018
Course Fee Module 6: Friday 9 March 2018 €990 (includes all matriculaon and examinaon fees). Examinaons April 2018 (date to be advised) Tutorial Times Tutorials typically start at 9.30am and finish at 5.00pm.
AN FORAS RIARACHÁIN INSTITUTE OF PUBLIC ADMINISTRATION
UndergraduateOffice, Whitaker School of Government andManagement Instute of Public Administraon, 57-61 Lansdowne Road, Dublin D04 TC62
18
Now Enrolling for October
Course Content The programme covers the following key topics over six modules.