"Most dangerous" planning Bill

by Chris Murray - The Unmanageables Fri Jun 16, 2006 22:09

The Planning and Development Bill was launched on the 16th
Feburary 2006. The day that Dominic Dunne's appeal to the
Supreme Court was adjourned for the second or third time.

The Planning and Development Bill( Strategic Infrastructure)2006

Is an abuse of democracy. It envisages a fast-track system of planning
directly engaged with corporate interests to the detriment of community
activism and stewardship of the landscape on behalf of generations to come.

It envisages a re-structuring of the courts to facilitate the corporations
in imposing badly planned roads, pipe-lines and 'core energy issues'
in a state where cronyism is the by-word for democracy.

It limits the rights ot the citizen in affordable access to judicial process.

The citizen must be a member of a recognised group which has been established for twelve months to question decisions made by the new
division of an Bord Pleanala.

Mr Roche stated in Feb 2006 that he would ' Transpose elements of the Aarhus Convention ' into Irish law as part of the Strategic Infrastructure Bill
2006.

Michael Mc Dowell opposed the setting up of the N.I.B , (under Martin Cullen TD) as it would have fast-tracked the Poolbeg incinerator Project and Interfere with his share of the vote in his constituency. The Poolbeg Incinerator
Project is not included in the SIB legislation. Though, it is envisaged that
it will be amended to include gas pipe-lines on its path through the Oireachtas.
Mr Mc Dowell did not oppose the re-structuring of the Courts or an Bord Pleanala in line with the new legislation as it does not interfere with his vote majority. Thus the Bill will be aided on its path through the Oireachtas by Minister Mc Dowell.

Reports on the introduction of the Legislation: Sunday 19 april 2006,
and April 8th 2006. (Chris Murray)

by JFH Sat Jun 17, 2006 18:11

This proposed bill is in line with the thinking in Brussels. Take God i.e. the people out of the equation and the way is clear for those of us in power to do what we like. Those of us who can’t hear or remember, who are sparing with the truth, who are involved in cover ups and the customary string of denials and those of us who do not divulged their business interests in the Dail register; when asked to account for our own actions.

Legal argument against what is right! What is right when you leave God (Zeus, Jesus Christ, Allah or whatever) outside the equation? One could not wonder or shudder at the gathering of us, who gave away the rights to our oil and gas; those of us who were at the funeral Mass of our former Taoiseacht Charles J Haughey, may he Rest in Peace. Ones thoughts turn to those of us mortal men among the clergy, who have committed very outrageous and provable crimes under the noses of then politicians etc and are now locked up or are too ashamed to appear in public. No expressions of squeamishness from our high and mighty, walking free pillars of an increasing Godless society.

It was mentioned that Mr Haughty was from Castlebar. Raftery’s “Anois teacht an Earraigh” was recited brilliantly by Brendan Kennelly. Yet five ordinary citizens from Co Mayo who objected to a dangerous pipeline been routed close to their homes were locked up for close to 100 days. Many of us silent architects of the gas giveaway that lead up to the gaoling of these Mayomen were at the funeral. Again, those of us who are politicians wash our hands; after all we no longer control events, having giving everything away; we are not to blame.

How is such a proposed law going to stop people from defending their most fundamental rights (dare I mention God-given)? The Gas impasse in Co Mayo would not have happened if Leinster House treated the people of Mayo with the same reverence as the people from Dundrum, Dublin; where a small bypass was laid right through a congested area. All the people need to be protected with dignity under the law of the land. This gas pipeline is important to the whole of Europe; yet, the high and mighty hands of some of us gombeen politicians manage to make “a right bags” of it all. Because a community is few in numbers, it should not follow that they can be walked over. There are some among us who have a sense of dignity left; those of us who risk being unpopular to uphold what is right, those of us who wear a hat as a matter of respect to the Church that we visit! This proposed law appears to be designed to back up us gombeen “L’estate est moi” politicians who think that we are right and allows us to steamroll over objections etc. We are all in it to make a killing for ourselves now; but who have we allocated the responsibility to look after the country, society, and the wellbeing of future generations or whatever? Who decides Right from Wrong when we finish the job of realigning our constitution with the proposed EU Constitution? Our courts! Give us another laugh!

Now that the borders between our ancestors and us are thin at the moment, maybe it is the time to extend it to our descendants. Taking into account the overall make-up of us untouchable political funeral goers and the high and mighty among the congregation at former Taoiseacht Charles Haughey’s funeral, there are two chances of this bill being stopped from going through and becoming law! Unless, unless, on the very outside, those of us, who are capable and earnest among the opposition (do we really bite as loud as we bark?) in the Dail call on a higher Being to scupper it; i.e. a deity perhaps from our existing struggling Bunreacht na hEireann! Maybe an other former Taoiseacht and President Eamon de Valera will lash out and put a bit of sense back into us all yet. Yes, as mentioned in the head article, our esteemed President Mary McAlleese, she wore the hat at the funeral, will have to sign it before it becomes law! Hope springs eternal!

by chris murray - the unmanageables Sat Jun 17, 2006 18:44

outside with the ordinary people. a roving camera (TV3) captured him and his mighty chin.

Interesting. When the great and good had planked their furnished arses on the chairs

there was a scrum at the velvet rope. the pictures weren't published.

One wonders if he got in?

and why he had to queue....... with ordinary people.

Mary Coughlan gossiped like a school girl and Mara didn't mind the cameras he had a job to do.

by Paddywack Sun Jun 18, 2006 08:16

Useful information on standing up to bullies of all kinds, including politicians, can be found through the following links:

Bullies (general):
http://www.google.com/search?hl=en&lr=&q=STANDING+UP+TO...earch

Bullies (politicians):
http://www.google.com/search?hl=en&lr=&q=STANDING+UP+TO...earch

by maire Mon Jun 19, 2006 16:48

Could anything be more reckless than this bill when it comes to hazardous facilities, to fast track a toxic incinerator without giving the people who would have to live beside it a chance to question its site suitability unless they were members of an organisation l2 months before they could challenge it.
GUBU !!

by W. Finnerty. Wed Jun 21, 2006 13:14

A letter has recently been sent to President Mary McAleese through the registered post regarding this "most dangerous" piece of legislation.

The text of the letter can be read below.

According to the Post Office "Track & Trace" Service (Internet), the printed and signed version of the letter below was delivered before 09:00 on 20/06/06. Full Post Office details, plus the Yahoo message identification number for the e-mail below, can be found at the following address:
http://www.europeancourtofhumanrightswilliamfinnerty.co...l.htm

=======================================================

William Finnerty wrote:

Date: Sat, 17 Jun 2006 13:47:20 +0100 (BST)
From: William Finnerty
Subject: Planning and Development (Strategic Infrastructure) Bill 2006
To: "Guardian of Republic of Ireland Constitution \(President Mary McAleese\)" ,"Garda Commissioner Noel Conroy \(Chief Commissioner of Police, Republic of Ireland\)" ,Prime Minister Bertie Ahern ,Deputy Prime Minister Mary Harney ,"Minister for Justice \(Michael McDowell TD\)" ,"Mr James Hamilton \(Director of Public Prosecutions, Republic of Ireland\)" ,"Mr. Rory Brady, S.C. \(Attorney General, Republic of Ireland\)" ,"The Chief State Solicitor \(Republic of Ireland\)" ,Senator Mary O'Rourke ,"Minister Dick Roche TD \(Environment & Local Government\)"
CC: "Mr Riccardo Monaco, Office of the European Ombudsman \(Re: European Ombudsman's complaint reference:1569/2006/RM\)" ,"Nikiforos Diamandouros \(The European Ombudsman\)" ,"Gerard J Madden \(Senior Social Worker, Omagh, Northern Ireland\)" ,"Gerald Finnerty & Marjorie Dolan \(New Inn, County Galway\)" ,Joe Callanan TD ,"Paddy Mc Hugh T.D." ,"Paul Connaughton T.D." ,Galway County Councillor Michael Mullins ,Michael.Ring@oireachtas.ie,"Deputy Jimmy Deenihan T.D." ,The Irish Times ,"Sir Anthony O'Reilly, Newspaper Proprietor" ,"RTE \(Irish National TV Station\)" ,"UTV \(Newsroom\)"

Dear President McAleese,

In connection with the contents of the two e-mails dated June 16th 2006 reproduced below, which I feel are self-explanatory, I am writing to you because I wish to be clear in my own mind that you, and all of the other senior public officials I am copying this e-mail to, have been made aware of the concerns relating to the possibility of serious violations of Article 28A.1 of Bunreacht na hEireann (Constitution of Ireland) in connection with the Planning and Development (Strategic Infrastructure) Bill 2006, which is now going through Parliament.

Assuming you have read the copy of the e-mail I sent to you last Monday, you will know that I am having an awful lot of very serious problems (which remain unresolved) relating to legislation I understand you signed into law a few years ago, which removed the decision making powers of my democratically elected local government representatives (i.e. Galway County Council) regarding the location of two huge rubbish dumps close to my home. In case that for some reason you might not know about the e-mail I sent to you last Monday, a copy can be now viewed at the following Indymedia (Ireland) location:
http://www.indymedia.ie/article/76326?comment_limit=0&c...53828

There is also a back-up copy of the above mentioned e-mail (together with scanned copies of the associated Post Office registered receipt) at:
http://www.europeancourtofhumanrightswilliamfinnerty.co...l.htm

Though I tried to raise the issue of Article 28A.1 with An Bord Pleanala, in connection with the now completed Greenstar / National Toll Roads rubbish dump in Kilconnell, they completely ignored me. For further information relating to the formal appeal I made to An Bord Pleanala on February 21st 2004, please see at http://www.finnachta.com/BordPleanalaAppeal.htm .

I would like to take this opportunity to also point out, to all concerned, that I have never received any reply to any of the four letters I sent through the registered post on December 9th 2003 to: Deputy Joe Callanan T.D., Deputy Paul Connaughton T.D., Deputy Paddy McHugh T.D., and Galway Councillor Michael Mullins. A copy of the letter (and the four associated Post Office receipts), which directly related to major concerns about the likelihood of Article 28A.1 violations, can be viewed at the following location:
http://www.finnachta.com/Kilconnell8Dec2003.htm#LocalPo...cians

For reasons which I feel should be obvious, I truly hope you will decide to have the constitutionality of the Planning and Development (Strategic Infrastructure) Bill 2006 checked by the Supreme Court before you sign it into law; and, that you will have the full support of your senior public official colleagues in doing so: even though, as I understand it, the final decision regarding referral to the Supreme Court is your responsibility, and yours alone.

For future reference purposes, I plan to place a copy of this e-mail at the following address later today:
http://www.europeancourtofhumanrightswilliamfinnerty.co...l.htm

Yours sincerely,

William Finnerty.

============================================================

"Vercingetorix (Ireland)" wrote:

From:"Vercingetorix \(Ireland\)" vercingetorixireland@yahoo.ie
To:"Celtic Party \(Yahoo Group\)" , Nature Ireland , Woodland League , "King Ollamh Fodhla \(Tara / Turoe / Ulster\)" ollamhfodhla@yahoo.co.uk
Cc:lettersed@irish-times.ie, webmaster@aras.irlgov.ie, Michael.Ring@oireachtas.ie
Subject:"Dangerous" planning Bill
Date:Fri, 16 Jun 2006 18:38:05 +0100 (BST)

How, if at all, does the proposed new legislation fit in with Article 28A.1 of Bunreacht na hEireann (the BASIC Law of Ireland), which reads as follows:

"The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities."

Information on arrangements for challenging "Unconstitutional Legislation and Decisions" can be found at the following address:
http://oasis.gov.ie/government_in_ireland/the_constitut....html

Part of the information at the above address reads as follows:

"The Irish President also has the power to start judicial review proceedings. Under the Constitution, if he or she considers that a new Bill might raise constitutional problems, he or she may refer the Bill to the Supreme Court. The Supreme Court will then examine the Bill and hear arguments on both sides to decide whether or not the Bill is constitutional and can be passed as legislation."

What will President Mary McAleese (the Guardian of our Constitution) do in this case I wonder? Will she refer it to the Supreme Court to make certain sure that everything is in order: before she signs her name to the papers which will allow the "dangerous" Planning and Development (Strategic Infrastructure) Bill to become law?

COPIES TO:

1) The Irish Times ( lettersed@irish- times.ie )

2) The Guardian of the Republic of Ireland's Constitution, President Mary McAleese. ( webmaster@aras.irlgov.ie )

3) Deputy Michael Ring TD ( Michael.Ring@oireachtas.ie )

==========================================

Vincent Salafia wrote:

To: taralitigation@yahoogroups.com, hilloftara@yahoogroups.com,
carrickmines@yahoogroups.com, natureireland@yahoogroups.com
From: Vincent Salafia
Date: Fri, 16 Jun 2006 05:11:45 -0700 (PDT)
Subject: [nature-irl] Irish Times: Ring breaks ranks over 'dangerous' planning Bill

Ring breaks ranks over 'dangerous' planning Bill
Marie O'Halloran

Irish Times
Fri, Jun 16, 06

Fine Gael TD Michael Ring broke ranks with his party to vote against a Bill to fast-track major infrastructure projects through the Dail. The Mayo deputy described it as the "most dangerous legislation" ever to come before the House.

Minister for the Environment Dick Roche said, however, that the legislation was about streamlining the system to provide people with basic infrastructure they had demanded for years. "We should be honest enough in our political debates to accept that there has been a great deal of unnecessary delay in the delivery of key infrastructure in this country over the years."

Some 70 TDs spoke in the Dail on the Planning and Development (Strategic Infrastructure) Bill, which passed second stage by 63 votes to 29. Labour, the Green Party, Sinn Fein, some Independent deputies and the Socialist party opposed. Fine Gael supported the Government. The legislation, which creates a new division within An Bord Pleanala to deal specifically with major infrastructure projects, now goes to committee for debate.

Mr Ring, who has fallen out with his party leadership on previous occasions, said the Bill showed the State was becoming a dictatorship. "This is the most dangerous legislation that has ever come before the House because it seeks to deprive people of the power to make observations and objections in regard to planning matters. We are told its provisions relate only to critical infrastructure but we can be certain it will only be critical for developers.

"Evidence from successive tribunals indicates who this Bill will ultimately benefit. In time, another Minister will introduce additional legislation that will further expand the provisions of this Bill to ensure developers are making enough money and paying enough of it to politicians. "Developers may eventually be given such extensive powers that they will no longer require planning permission for building projects."

Jimmy Deenihan (FG, Kerry North), who said Fine Gael supported the principle of the Bill, expressed concern that local councillors would be seen as redundant because An Bord Pleanala's new planning division would decide on incinerators and landfill instead of local authorities. "If local people cannot have an input into the planning process, they will see their local councillors as being irrelevant."

Apart from making a submission to the new division, a local council would have little input into the final decision, he said.

Mr Roche insisted, however, that the Bill did not threaten local democracy and it gave a very specific role to councillors. "The abuse of the planning system means that people are gridlocked on the roads and are waiting for basic infrastructure. We should not lose sight of that.

"My constituents in Arklow have been waiting for a sewerage system for 13 years. Successive governments have provided funding but a small group of people exercising their rights have used every device to delay that process."

==

WRITE TO: lettersed@irish-times.ie

==

Parliamentary Debates
http://www.oir.ie/Viewprnt.asp?UserLang=EN&DocID=4946&&...ID=59

by W. Finnerty. Sun Aug 06, 2006 11:10

A response to my letters was received last Thursday (August 3rd 2006) from Minister for Justice, Equality and Law Reform Mr. Michael McDowell T.D. (Republic of Ireland), and it is the most helpful I have received from him so far.

Among other things, Minister McDowell's reply contains direct mention of the Planning and Development (Strategic Infrastructure) Bill 2006. (I was MUCH relieved to see it is still being referred to as a "Bill" - which suggests to me that President Mary McAleese has not yet signed her name it, and that consequently it has not yet become law.)

In my reply to Minister McDowell of last Friday (August 4th), I attempted to point out the worst of the difficulties from my viewpoint - in addition to suggesting (and requesting) a possible solution to the whole set of problems be attempted under the terms of Article 13 of the European Convention on Human Rights.

Among the issues I mentioned in my reply to Minister McDowell were bullying and abuse by public officials, the difficulties of coping with injustice (including the C-PTSD spin-off), having to live for 27 months (so far) in forced-exile to avoid being corruptly criminalised, corruption generally (political, legal, and corporate), and, last but not least, the fact that I still cannot find a lawyer to help me.

The thought has crossed my mind that if a bizarre scene such as the one outlined in the paragraph immediately above was being played out under a circus tent, between clowns acting in jest, it might all be highly amusing?

Back to the real world we live in: and, for better or worse (?), I copied my reply to Minister McDowell to several other senior politicians and lawyers, and to both of the two Law Societies operating in the two different jurisdictions on the Island of Ireland - largely because I cannot bear the thought of possibly having to listen later on to responses of the kind: "I/we was/were not informed about this particular situation".

In addition, and by way of trying to provide myself with further protection against such responses, I have placed a copy of the e-mail letter reproduced further down this page at the following Internet location:
http://www.europeancourtofhumanrightswilliamfinnerty.co...r.htm

The version of the e-mail now available at the above address contains a large amount of Internet "message identification" and "tracking" data generated by the Yahoo organisation - which I believe would be EXTREMELY difficult for anybody to sensibly dispute.

Whether anything of what I have done will do any good remains to be seen?

For anybody interested, copies of both of the recent e-mails mentioned above have been reproduced further down this page.

Best wishes to all,

William.

==============================================

William Finnerty wrote:

Date: Fri, 4 Aug 2006 15:07:36 +0100 (BST)
From: William Finnerty
Subject: Request for an "effective remedy" under the terms of Article 13 of the European Convention on Human Rights
To: "Minister for Justice (Michael McDowell TD)" , Prime Minister Bertie Ahern , "Garda Commissioner Noel Conroy (Chief Commissioner of Police, Republic of Ireland)" , Deputy Prime Minister Mary Harney , "Mr James Hamilton (Director of Public Prosecutions, Republic of Ireland)" , "Mr. Rory Brady, S.C. (Attorney General, Republic of Ireland)" , "The Chief State Solicitor (Republic of Ireland)" , "Roisin A. Cahill" , "Guardian of Republic of Ireland Constitution (President Mary McAleese)"
CC: "Nikiforos Diamandouros (The European Ombudsman)" , "Mr Riccardo Monaco, Office of the European Ombudsman (Re: European Ombudsman's complaint reference:1867/2006/IP)" , "The Registrar, European Court of Human Rights, Council of Europe, Strasbourg. (Re: ECHR Case Reference: 25077/05)" , "Dick Marty (PACE Rapporteur of the Committee on Legal Affairs and Human Rights)" , "Commissioner for Human Rights of the Council of Europe (Thomas Hammarberg)" , "Venice Commission (Council of Europe)" , "Jose Manuel Barroso (President of EU Commission)" , "Josep Borrell Fontelles (President of the European Parliament)" , "Erkki Tuomioja President of the Council of the European Union)" , "Michael Farrell (Lawyer, Irish Human Rights Commissioner)" , "Caroline Nolan (Lawyer, Northern Ireland Human Rights Commission)" , "Adrian Kane (Lawyer at Patrick Fahy & Co.)" , "Mr Greg Nolan (Lawyer, Patrick Hogan & Co., Ballinalsloe, County Galway, Republic of Ireland.)" , "Gearoid Geraghty (Lawyer, Fair Murtagh, Ballinasloe)" , "Ciara Macklin (Lawyer, Fair-Murtagh)" , "Martin Egan (Principal Lawyer, Fair-Murtagh Law Firm)" , "Pat Hughes (Roscommon Auctioneer)" , "Ms Breeda Burke, Roscommon County Council" , "Gerald Finnerty & Marjorie Dolan (New Inn, County Galway)" , Ann Marie Kelly , "Dr. Niamh Clune (Zero Waste Alliance Ireland)" , Brendan Kelly , "Liam Cashman (Environmental Directorate, The European Commission)" , "Marie Murray (Psychologist & Irish Times Columnist)" , "Sir Anthony O'Reilly, Newspaper Proprietor" , "Swami Chakrabarti (Human Rights Lawyer, Liberty)" , "Mike Kelly (Lawyer, Irish Council for Civil Liberties)" , "Siobhan Duffy (Lawyer, European Commission Representative in Ireland)" , "Law Society (Northern Ireland)" , "Law Society (Republic of Ireland)" , International Federation of Health and Human Rights Organizations , Amnesty International UK , "Amnesty International (Ireland)" , Amnesty Galway Group , "Human Rights Watch (London)" , "OneWorld International Foundation (Human Rights)" , Centre for Public Inquiry , "The International Federation of Social Workers (IFSW)" , "Gerard J Madden (Senior Social Worker, Omagh, Northern Ireland)"

Dear Minister McDowell,

Thank you for the information Ms Cahill sent to me yesterday (August 3rd 2006) by e-mail on your behalf, which I have reproduced below.

Please note that there is no mention at all in Ms Cahill's e-mail regarding the extant warrant for my arrest (further information at http://www.europeancourtofhumanrightswilliamfinnerty.co...r.htm ) which I feel is the most important of my legal problems: from the viewpoint of I ever feeling safe about returning to the Republic of Ireland again - having due regard for the fact that I now suffer from Complex Post Traumatic Stress Disorder as a direct result of all the bullying and abuse I have been subjected to "at the hands of individuals and public officials and bodies": as related in the copy of the "To Whom It May Concern" letter from Dr Michael McCavert (my GP) sent to you last year, which can be viewed at the following address:
http://www.europeancourtofhumanrightswilliamfinnerty.co...r.htm

Allowing for the fact that I have not (to date) been able to find a lawyer willing to properly discuss the extant arrest warrant matter with me, it is nevertheless the case that I do not, and never have, considered the warrant for my arrest to be legally valid. Central to this belief, is the fact that I have still not received any reply from Mr James Hamilton (Director of Public Prosecutions) to the letter I sent to him through the registered post on September 21st 2002, a copy of which can be viewed at the following address:
http://www.europeancourtofhumanrightswilliamfinnerty.co..._.htm

As can be seen at the above address, a copy of my letter to Mr Hamilton was also sent (by me) through the registered post on September 21st 2002 to the then Chief Commissioner of Police in the Republic of Ireland (Mr Pat Byrne). As in the case of Mr Hamilton, I never received any reply from Mr Byrne either.

Allowing for the above, it was - as I see things - the fact that Mr Hamilton and Mr Byrne both apparently decided to completely ignore Article 6.3.b of the European Convention on Human Rights, in my particular case, that has led directly to the extant warrant for my arrest being issued in the first place. Their wholly flawed, and completely unlawful decision to deny me my legal rights under Article 6.3. b of the European Convention on Human Rights is not my responsibility; instead, I believe it is ENTIRELY their responsibility - in their respective roles as Director of Public Prosecutions and Chief Commissioner of Police. In other words, and correctly or otherwise, I believe the extant warrant for my arrest has no legal validity whatsoever, and never has had any - even though it might to many "non-legal" people APPEAR to have - thanks entirely to all of the well-hidden and well-oiled machinery of political, legal, and corporate corruption which I continue to be subjected to, and which I now see myself as an extremely angry and potentially very dangerous victim of. I also fear that the longer this situation is allowed to go on, the more angry and potentially more dangerous I am likely to become: having due regard for the following three points: a) no significant progress at all has been made regarding the core Article 6.3.b legal issue since September 2002; b) that I have now been diagnosed by a medical doctor as suffering from Complex Post Traumatic Stress Disorder (C-PTSD); and, c) that all of the several senior public officials I have informed about the C-PTSD condition I now suffer from appear to be completely ignoring this piece of medical information.

Also, matters are not helped by the fact that the only way I have managed, so far, to avoid being corruptly criminalised (as I see things), on account of my attempts to challenge the way you and your colleagues appear to me to be blatantly and unlawfully violating Bunreacht na hEireann (the Constitution of the Republic of Ireland) in a number of major ways, as I have outlined below, is to live in forced-exile in a jurisdiction different to the Republic of Ireland. To date, and in total, I have now spent approximately 27 months living in this way (7 months or so between October 2002 and May 2003, and a further 20 months roughly since December 2004 to the present time).

================

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

As I have related on countless occasions during recent years to you and your colleagues, in writing, and often through the registered post, the main areas (that I know of) where I strongly suspect you and your colleagues, in and around Government, are violating Bunreacht na hEireann are as follows:

1) Alterations to the Waste Management Act made in or around 2001 which appear to me to violate Article 28A.1. One of several attempts I have made to get legal help regarding this matter, from Mr Martin Egan (Lawyer), can be viewed at the following location:
http://www.europeancourtofhumanrightswilliamfinnerty.co...4.htm

Please note that I never received any reply from Mr Egan to the registered letter shown at the above address.

2) Complete, and ongoing, failure to have the United Nations Aarhus Convention Agreement, an "international agreement" signed by the Republic of Ireland in 1998, "laid before Dail Eireann (Republic of Ireland Parliament)" as required under Article 29. 5. 1°. One of several attempts I have made to get legal help regarding this matter, from Mr Gearoid Geraghty (Lawyer), can be viewed at the following address:
http://www.europeancourtofhumanrightswilliamfinnerty.co...4.htm

Please note that I have never received any reply from Mr Geraghty to the registered letter shown at the above address.

3) Complete, and ongoing, failure (as far as I know) to have the "international agreement" between the Republic of Ireland Government and the United States Government, regarding the use of Shannon Airport for US military aircraft involved in the war in Iraq, "laid before Dail Eireann" - as required under Article 29. 5. 1°.

At this point I feel I should stress the fact that the full text of Article 29. 5. 1° reads as follows: "Every international agreement to which the State becomes a party shall be laid before Dáil Éireann."; and, that I am very conscious of the word "Every" in that particular sentence, as I am regarding the fact that all of the international lawyers I have ever seen interviewed on TV regarding the subject seem to believe the invasion of Iraq (in March 2003) was unlawful.

Though I myself might not have written very much about this particular issue in the past, numerous other people have publicly expressed enormous and sustained general concern in recent years. In any case, I am raising this specific aspect of the general problem with you now.

4) There are other more general ways in which I believe you and your colleagues are also violating my legal rights, as an individual, under the terms of Bunreacht na hEireann, and these relate to such things as "the dignity and freedom of the individual may be assured" (as stated in the Preamble).

There is also the matter of Article 40.3.1 of the Constitution of the Republic of Ireland which reads: "The State guarantees to respect, and, as far practicable, by its laws to defend and vindicate the personal rights of the citizen."

Copies of the full text of Bunreacht na hEireann can be found via the following address:
http://www.google.com/search?q=Bunreacht+na+hEireann+&b...earch

================

With regard to the NEW situation which Ms Cahill has mentioned in her e-mail to me of yesterday (reproduced below), in connection with the matter of the Gardai (Police) having now decided apparently that "you will be given ample time to arrange your defence", the following two very important questions arise for me:

a) Why has it taken the Gardai (Police) all this time, since September 2002, to finally arrive at this point in their thinking?

and

b) How am I supposed to "arrange my defence" when I cannot find a lawyer who is willing to even discuss my case with me, let alone help to be prepare my defence? - in spite of the fact that it is very clearly my legal right under Article 6 of the European Convention on Human Rights to be able to defend myself "through legal assistance of his own choosing" (Article 6.3.c). My present choice, as it has been for the past three years or so, is NO choice.

Allowing for the complexity and the duration of the several different problems I have been saddled with during the past eight years or so, legal, medical, financial, social, and so on, I have long since felt that it would in all probability be best, subject I receiving proper legal advise on my overall situation from a lawyer, if all matters to do with my case were dealt with under Article 13 of the European Convention on Human Rights, which as you will know reads as follows:

"Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

Consequently, and allowing for the fact I am unable to find a lawyer to help me, I now wish to formally request that you and your senior colleagues make arrangements for the Article 13 process of the European Convention on Human Rights to be initiated on my behalf please, and to see to it that I can get proper legal advise from a lawyer on the matter.

I further request that all matters to do with the extant warrant for my arrest be put in abeyance please until such time as the Article 13 process referred to in the paragraph above is complete.

I feel I should point out that I have already sent a general request of this kind to several senior Dail Eireann members through the registered post on October 7th 2005 (addressed to Prime Minister Ahern TD) requesting that my case be discussed by a "national authority" (i.e. Dail Eireann). Unfortunately, and as happened far more times than I can remember during the past several years, I have never received any reply of any kind. A copy of the letter in question, together with a scanned copy of the Post Office receipt, can be viewed at the following address:
http://www.europeancourtofhumanrightswilliamfinnerty.co...l.htm

I feel I should also point out that I have never received any reply from the present Chief Commissioner of Police (Mr Noel Conroy) to the letter I sent to him on June 12th 2006: even though I specifically requested a reply, and explained to him why I needed it, in connection with the meeting I had hoped to be able to attend in Roscommon Town on July 10th last. A copy of the letter and the Post Office receipt can be viewed at the following address:
http://www.europeancourtofhumanrightswilliamfinnerty.co...l.htm

For future reference purposes, I will place a copy of this e-mail at the following address later today:
http://www.europeancourtofhumanrightswilliamfinnerty.co...r.htm

I will also send a printed and signed copy of this e-mail to you later today through the registered post.

I will be looking forward to hearing from you (or one of your senior colleagues) regarding the request I have made above in connection with Article 13 of the European Convention on Human Rights.

If, within the coming 21 days, I have not received a definite and clear reply from you, or from one of your senior colleagues, regarding the above mentioned Article 13 request, and the closely associated matter of putting the extant warrant for my arrest in abeyance, I will write to you again; and, if necessary, it is my intention to keep on writing directly to you and your colleagues: until such time as I receive justice of the kind I am legally entitled to.

Finally, and as you may already know, the disastrous and extremely painful consequences of living with injustice of the kind I am being subjected to has very skilfully (in my view) been set out by Dublin based psychologist Marie Murray in the Irish Times Newspaper "Dealing with injustice" article reproduced at the following location:
http://www.europeancourtofhumanrightswilliamfinnerty.co...e.htm

I trust that you and all of your senior colleagues this e-mail is being addressed to will PLEASE take very careful note of the contents of the Irish Times Newspaper article reproduced at the address immediately above.

Yours sincerely,

William Finnerty

http://www.constitutionofireland.com/

http://www.europeancourtofhumanrightswilliamfinnerty.com/

St Albans
New Inn
Ballinasloe
County Galway
Republic of Ireland.

PRINTED COPY: Dr Michael McCavert GP, Omagh Health Centre, Omagh, County Tyrone, Northern Ireland.

============================================

"Roisin A. Cahill" wrote:

To: newinngalway@yahoo.co.uk
CC: Minister's Constituency INBOX
Subject: Your recent e-mails
From: "Roisin A. Cahill"
Date: Thu, 3 Aug 2006 16:51:05 +0100

3 August, 2006

Dear Mr. Finnerty,

I am directed by the Minister for Justice, Equality and Law Reform Mr. Michael McDowell T.D., to refer to your recent e-mails regarding a court case and the Planning and Development (Strategic Infrastructure) Bill 2006.

The Minister forwarded your previous correspondence to the Gardai for their information. The Minister has been informed by the Gardai that should you return to the Galway jurisdiction to face the charge, to which you have been served with, you will be given ample time to arrange your defence. The issue of legal representation regarding the charge will be a matter for you or the Courts to decide.

In relation to Court proceedings, the Minister is sure you will appreciate that the Courts are subject to the Constitution and the Law, independent in the exercise of their judicial functions and it is not open to the Minister to comment or intervene in any way on the conduct or decision of any individual court case.

As regards the Planning and Development (Strategic Infrastructure) Bill 2006, this is a matter for the Department of Environment, Heritage and Local Government. It is noted that you sent a copy of your e-mail regarding this matter to Minister Roche.

Yours sincerely,

_________________________
Private Secretary

Mr. William Finnerty
newinngalway@yahoo.co.uk

by Chris Murray - The Unmanageables Sun Aug 06, 2006 18:07

The idea of a N.I.B. (National Infrastructure Board) proposed by Martin Cullen was resisted
by Michael Mc Dowell. The S.I.B. compromised by allowing for a re-structuring of the courts
and ABP (an Bord Pleanala). On the 16th feburary, at the Launch of the S.I.B, Mr Roche
agreed that the S.I.B would not include Poolbeg incinerator. (reported in the Irish Times)
as it was in the Justice Minister's Constituency.

Thus it is a Bill, not a Law as yet.

An Bord Pleanala , therefore has been re-structured to fast-track planning projects,
a 'one-stop shop' for aggressive planning, one of the most contentious being the
planning at Poolbeg, which is left out of the equation in relation to the upcoming
election.

by W. Finnerty. Mon Aug 07, 2006 10:02

"The Irish President also has the power to start judicial review proceedings. Under the Constitution, if he or she considers that a new Bill might raise constitutional problems, he or she may refer the Bill to the Supreme Court. The Supreme Court will then examine the Bill and hear arguments on both sides to decide whether or not the Bill is constitutional and can be passed as legislation."

The above piece of text has been taken from the following Government web site location:
http://oasis.gov.ie/government_in_ireland/the_constitut....html

Also, the Post Office Internet tracking service shows that the registered letter I sent to President McAleese on June 17th last regarding "the most dangerous legislation that has ever come before the House" - i.e. The Planning and Development (Strategic Infrastructure) Bill 2006 - was delivered on June 20th, as anyone who wishes to can confirm for themselves using the information provided at the following location:
http://www.europeancourtofhumanrightswilliamfinnerty.co...l.htm