Wednesday, December 21, 2011

ECJ Ruling On Return Of Asylum Seekers

The Irish Times 21st Dec 2011 www.irishtimes.com

An asylum seeker may not be sent back to the first EU member state he or she landed in from outside the EU if they risk being subjected to inhuman treatment there, the European Court of Justice (ECJ) has ruled.



This means five asylum seekers in Ireland who landed first in Greece from outside the EU cannot be sent back there.


Under the “Dublin II” Regulation the state in which the asylum seeker first arrived was considered responsible for dealing with their asylum application. In practice this meant Ireland could send asylum seekers back to countries along the EU’s eastern and southern borders which were most commonly the first in which they arrived.


Earlier this year the ECJ ruled Belgium was wrong to send an asylum seeker back to Greece where he had already suffered mistreatment in the asylum process, as Greece could not guarantee his human rights would not be infringed.
Following this, the court was asked by Ireland and the UK to rule on two cases where asylum seekers had arrived from Greece and resisted being sent back there on the basis that the procedures and conditions for asylum seekers are inadequate.

So it is clear that the EU is willing to tolerate individual EU countries treating asylum seekers differently, the asylum seekers using a 'ratings system' and effectively open the floodgates to countries with 'better reputations' for handling asylum cases.

As asylum seekers can raise their flag anywhere from the door of the aircraft to passport control and beyond and once a claim is made the claimant in registered into an expensive processing system.

It is perplexing that an airline permitted the asylum seekers to board an aircraft to Ireland and more perplexing that a 3rd Country must have been used as there are no direct scheduled flights between Greece and Ireland.

I regularly fly between various locations in europe (including Ireland) and when travelling into or out of the Common Travel Area (UK & Ireland), I am requested to input Passport Details at the time of check-in. Those with the requirement for a Visa would also have to present same.

It is very important that the Airlines (already responsible for verifying visas etc) are held fully responsible for checking travellers data and nationality and passport details of passengers arriving from outside the common travel area are with the Irish Authorities prior to departure of the aircraft. If a traveller does not have the correct documentation then the airline should not permit that passenger to board.

I have seen in some jurisdictions where on rare occassions Immigration Officers will meet a specific passenger at the door of the aircraft on arrival and not permit a passenger without the correct documentation to disembark, forcing the airline to return the passenger to his/her point of origin.

Picasso



Monday, December 19, 2011

Household Charge - Joe Higgins & Disobedience

Although Ireland has a monthly export surplus, the Government suffers from a budget deficit to the tune of €1.3BN per month. Ireland (in terms of the Public Services Costs) is living beyond its means each and every month by €288 for every man, woman and child in the country (based on a population of 4.5M) - or €1000+ for the average family of 2+2. As Ireland is currently ‘out of the Bond Markets’; and could not currently re-enter due to current approximated rates (8%-10%); the only source of this ‘monthly loan’ is the IMF-EU bailout fund.



A contractual element of the current Bailout Agreement is the introduction of a Household Charge, a fact known to Irish Politicians (and the public) since the ‘introduction’ of the Bailout Fund some three years ago.


On the eve of introduction, however, some left-wing and Independent TDs; led by Joe Higgins; have launched a ‘highly populist’ civil disobedience campaign. When one considers the contractual obligation on the Irish Government, Higgins decision to form an opposition group; to what is a ‘modest charge’ when compared to other European countries; is perplexing and entirely the wrong fight to take up at present. Ireland is currently the only EU state, apart from Malta, without a property tax and an inital annual charge of €100 could be described as modest.

Joe Higgins could alternatively remove his Socialist Parties blanket support for all economic migrants (and bogus asylum seekers) and Visa Over-stayers; many of who are simply Benefit Tourists/Scammers taking advantage of a generous welfare system with lax processes. The cost of both national and foreign national benefit fraud is costing € Billions each year - and directly costing each Irish family many hundreds (if not thousands) of euros. The cost of the initial Household Charge is actually a minor burden on Irish families when compared to the cost of benefit fraud. http://www.sundayworld.com/columnists/index.php 


Civil disobedience can only be advocated in limited circumstances and then on the basis that it brings a high probability of positive change. A ‘positive change’ is not possible in this case and with a non-payment penalty of €2500, Joe Higgins & Co will likely bring severe frustration and unnecessary hardship on those who take his advice (more likely to be the poorer in our society).


There are a number of ongoing attempts to scupper the Household and other charges. In addition to the campaign commenced by some Socialist TDs, the Irish Property Owners Association has advised landlords to pass on charges to their tenants, although this is specifically banned by legislation.


In rural areas, resistance to a septic tank inspection charge (again an EU requirement) is being encouraged by prominent Fianna Fáil TDs, even though they endorsed the policy while in government. Such contempt for basic civic responsibility is unforgivable, particularly at a time of financial crisis.


Revenue from the household charge will go towards supplementing local authority costs and reducing the burden on Central Government. The charge is sufficiently low (€100) to not be overly ‘unfair’ in terms of smaller and larger homes, however a valuation based system will be introduced in two years with the likelihood that the initial €100 annual charge is maintained for the lowest value band only.


Those most impacted by the initial and subsequent valuation based system will be those already paying substantial monthly maintenance charges on private developments. However further legislation is required to ensure residents of such developments are protected from the ongoing interfering of the initial development companies in dictating which company must provide maintenance services on their development.


Picasso

Wednesday, December 14, 2011

GAA - understanding the value of nothing.

Has it really come to the point where the single national organisation, organised in every parish in the country, an organisation which pre-dates independence and prides itself on preserving 'community' in Ireland, has become no different than a multinational company with accountants blinded by the 'bottom line'.

Every county and club in Ireland has it's unique colours - unfortunately the GAA has shown it's true colours in this instance and when push comes to shove doesn't actually care about a healthy community, which is dependent on employment (among other things).

The GAA; more than any other organisation in Ireland; should be sourcing as many of the products and services it requires in Ireland. Everything from the food and beverages it sells, to its sports kits etc should be from Irish producers (where possible). Exclusive term deals will secure competitive prices (not necessarily the cheapest), and surely protecting the jobs within those parishes the GAA holds so dear should be a more admirable aim for such an organisation.

Picasso

As reported in The Irish Examiner http://www.examiner.ie/ 14th Dec 2011

IT’S the most Irish of sporting occasions, one of the purest cultural platforms we retain as a nation. So how come those priceless tickets for the All-Ireland hurling and football finals are printed in America? What’s worse is that tickets for other glamour GAA Championship matches are printed in Italy. Now, a leading Kerry GAA club has pleaded with Croke Park to do whatever it takes to end the anomaly and ensure that All-Ireland ticketing goes to an Irish company.


Delegates at Kerry’s annual convention have been told that tickets for the blue riband occasions in the GAA are printed in America and Italy for cost reasons. But the Dr Crokes club will bring a motion to next April’s Congress seeking to ensure the contracts are awarded to Irish companies. The motion to Monday night’s convention was overwhelmingly passed by delegates.


"I understand the tickets are printed in the USA due to a security feature but that technology is available in Ireland," argued Dr Crokes delegate John Keogh. "The tender from the Irish company should be accepted to protect jobs in the printing industry in this country, as many of those employees are members of the GAA around the country. "Every effort should be made to do this, given the economic times we live in. In this regard, we are not under any EU rules that procure the contract goes to the lowest tender."


Outgoing Kerry GAA chairman Jerome Conway insisted that officials in Croke Park have consistently attempted to broker a deal with an Irish company. "We looked into this motion when it came up and after doing some investigating, found out that the All-Ireland final tickets are printed in the USA while tickets for the rest of the championship are done in Italy. "There is one company in Ireland that can do it and every year they have been asked to tender for it. But when they have come back, the cost has always been too high. "Every year when the GAA are putting it out to tender, they are looking for this company but the same result comes back every time."

Monday, December 12, 2011

Leaving The Eurozone

I have been a great supporter of the EU for many years as it makes perfect sense to have a common trade region, common travel area. A common currency also makes sense, however one must ask whether it is entirely necessary to have the Euro in the form of a ‘hard currency’ and not simply a common currency which is used for Contracts etc.


The primary issue with the Euro is that far greater fiscal integration will be required between the member States to have the currency function correctly, this will eventually and naturally lead to a Federal Europe which may not be in the interests of all member States.

No comparisons can be made between the USA or say Australia and EU in terms of a homogenous federal entity. Both the USA and Australia are a soup of nationalities, mixed through all their states. And although the USA has suffered a civil war, that war was fought for political principle reasons as opposed to ethnic reasons. Europe is a much different environment, with language, cultural and religious identity changing abruptly at each border – although very similar in many ways, European people are also very different and this is why I see the EU (not Eurozone) as a perfect solution to Europes’ ambitions to work more closely together, gaining the most from close cooperation, but not so close as to start dominating each other.

Our most recent experience of a Federation and ultimate ‘break-up’ was that of Yugoslavia, where the smaller States felt dominated by the largest State and ethnic group, decisions being made with the view from Belgrade only and the organs of the federation seemingly created to serve the dominant member. This became more apparent during the wars of independence when the Federal Army was used almost exclusively by the Serbian State in pursuit of its ethnic aims. Regardless of federal treaties, when one is attempting to combine what are very distinct nationalities, cultures and histories, there will be rivalries, suspicions and bad feeling.

I am not suggesting that there would be a common European Army or a violent break up of a European Federation at some future date, however the example of the organs of a Federal State serving the purposes of the dominant member is valid and Ireland must remember that it will be a minnow within any future federal block and being on the geographic periphery of Europe requires Ireland to incentivise businesses to setup in Ireland. The requirement for incentives to attract business seems to be either missed by both Germany and France (France in particular) or France is simply choosing to ignore the obvious in pursuit of its own interests. The continuous push by both France and Germany for a common corporate tax rate is wholly in their interests and would potentially destroy investment in Ireland. One must ask the rational question as to why a multinational would setup in Ireland and not in the Ruhr or Paris Region if the incentives were equal throughout the EU.

The current Merkel/Sarkozy dominance of EU decision making is not done in an effort to provide ‘strong leadership’, but done solely for reasons of national interest. Their behaviour is reminiscent of Milosovic as Serbian Leader within the Yugoslav Federation and bizarrely in a community of 27 independent states, not a single other leaders voice can be heard, there is no collective decision making, there is no dissent and even when the head of the ECB, EU Commission or EU Parliament makes a statement with suggestions/recommendations, he is ‘shot down in flames’ very publicly and quickly by either Merkel of Sarkozy. This is an omen of things to come, the return of Ireland (and many other smaller EU nations) to being subservient to powerful players within a modern empire.

The EU can work, it had developed sufficiently by the year 2000, however the requirements of a single hard currency are simply too much progress too soon and will ultimately lead to the breakup of the EU. The achievements of the EU thus far are too great to risk losing in pursuit of what is unnecessary at present.

Ireland should immediately commence planning for a withdrawal from the Eurozone and plan to reintroduce the punt pegged to the Euro (or Sterling) initially. The withdrawal of one country from the Eurozone will lead to several others following suit and perhaps we can return to the form of EU which benefits all members and not simply the largest ones.