Tuesday, June 14, 2016

Man discharged from bankruptcy after bank overcharged on mortgage



 A man who lost his home and was declared bankrupt after being overcharged on his mortgage is considering legal action against his bank after a landmark High Court decision.

 Joseph Wallace, of 5 Castle Close, Mahon, Cork, was discharged from bankruptcy early by the court yesterday. It was the first case of its kind where someone forced into bankruptcy was discharged arising out of the tracker mortgage review process.
Solicitor Alan McGee said his client is considering legal options, including a possible civil case against his sole creditor, Permanent TSB. Mr Wallace’s debt arose after he borrowed money to buy a family home in Carrigaline, Co Cork, in 2007.

He originally had a tracker mortgage with PTSB but he opted to fix his mortgage rate. However, at the end of the fixed-rate term, the bank would not allow him back onto a tracker mortgage. The tracker rate at the time was 1.15%, but Mr Wallace was kept on the higher variable rate of 4.5%, and was unable to meet the repayments.

The High Court was told yesterday that the resultant pressure exerted by PTSB forced Mr Wallace into bankruptcy, contributed to the breakdown of his relationship with his partner, caused him to lose his home, and caused ill-health.
He was adjudicated a bankrupt on March 11, 2014. The only debt in his bankruptcy were the debts with his sole creditor, PTSB.

However, on August 4 2015, the bank wrote to Mr Wallace admitting he had been overcharged.

Mr Wallace satisfied the court yesterday if he had not been overcharged, he would not have been in the same difficulty and may not have needed to go bankrupt.
Eoin Bearla

Monday, June 13, 2016

Revisiting the ‘blue wall of silence’ on Garda corruption


There was much talk during the week of “saturation policing”, stronger surveillance powers and a new Garda “taskforce” to fight organised crime in response to the spate of gangland killings.


To what extent adequate resources will transpire to finance such initiatives and produce the desired results is open to question, but there are also the issues of increased powers for the force at a time when it is mired in controversy over alleged malpractice and whether more powers will be matched with proper accountability and safeguards.

Historians frequently cite the creation of An Garda Siochana as one of the success stories of this state, and with much justification. In the Spring of 1922 the new commissioner of policeMichael Staines began laying the foundation stones for the new force but his appointment of several former Royal Irish Constabulary (RIC) officers to senior positions created resentment and dissent from IRA elements who had joined, which became a mutiny in May 1922.
Staines never recovered effective authority and he relinquished his post a few months later.

Staines’s experience and the environment that existed then is a reminder of the exceptionally difficult circumstances in which the new police force was born. But before he left his post, Staines made a very important prediction: “the Civic Guard will succeed not by force of arms, or numbers, but on their moral authority as servants of the people”. The new force would be mostly unarmed at a time when Irish society was still heavily militarised, unsettled and violent.

As Vicky Conway underlines in her 2014 book Policing Twentieth Century Ireland, however, there is also a misguided tendency to idealise the history of the force by suggesting it marked a radical departure from the discredited RIC. In truth, argues Conway convincingly, the structure of policing remained highly centralised and political and historically, responding to difficult policing environments has not been matched with sufficient reform and the force has had a propensity to use force unnecessarily.

Callous crimes
These are not popular things to point out at the present time given the revulsion that exists about the callous crimes of criminal gangs; in the same way it was not easy to point to the problems within the Gardaí in the 1970s. Almost 40 years ago, this newspaper caused a huge stir and was denounced after its expose of Garda brutality under the headline “Gardaí using North-style Brutality in Interrogation Techniques”. This was a reaction to the “heavy gang” that was then operating in the force. An Amnesty International Mission to Ireland at that time confirmed the brutality.
The government was accused of not doing enough to respond to these issues and ironically, it was the same government that the previous year in 1976 had helped to secure the adoption by the UN of a resolution condemning such torture and demanding impartial investigation of allegations of mistreatment. A measure of the Irish double thinking on this was summed up by a civil servant, who suggested the Irish approach was to “support proposals on humanitarian grounds where they do not create serious problems or are not impracticable”; another view expressed was that a report by a “foreign body” should not be allowed to influence the government to take any action “which would have the effect of undermining the effectiveness of the Gardaí dealing with crime”.

The contemporary versions of this mindset are central to the Garda scandals that have been exposed recently; what we have witnessed in relation to the politics of policing and the dirty underbelly of the force is not new; nor is the “blue wall of silence” identified by the Morris Tribunal report on Garda corruption and misconduct in 2008

Became poisoned
Forty years ago, the atmosphere in relation to Irish policing became poisoned and internal critics of the force silenced at a time when security against paramilitaries was one of the state’s main priorities and Gardaí had been killed doing their jobs. Quite rightly, an attack on the Gardaí, or the murder of one of its ranks, was seen as a crime against all; the force was seen, as it still largely is, as a trusted institution and a mirror image of the values of the society it serves.
Murderous intent against its members is seen as an attack on a force that, against considerable odds, has commanded the allegiance of virtually all sections of society and it is important to acknowledge that and the decency and honesty of the vast majority of the force at this time of the 20th anniversary of the killing of Detective Garda Jerry McCabe.


But what Minister for Justice Patrick Coonery referred to in the mid 1970s as the “tough cop” approach created shortcuts and abuses, and given everything we have learned in recent years, this needs to be remembered now. The mistakes that were made in dealing with subversion and suspected subversion in the 1970s should not now be made in reacting to gangland crime.
Diarmaid Ferriter

Sunday, June 12, 2016

Let’s start getting serious about science


ALL OF the headlines mentioned a “breakthrough”, but there wasn’t one at all. The story first appeared in the Irish Times on Wednesday, June 1. “Heart cell breakthrough at NUI Galway”.
RTÉ’s headline said: “NUI Galway scientists in stem cell breakthrough”.
There was more breaking through in the scientific and technology website, Silicon Republic. “NUI Galway stem cell breakthrough will generate heart tissue in a lab dish,” it read. Over the following 24 hours the rest of the national media followed suit.
The story concerned an apparent scientific discovery that has advanced treatments for heart disease, which might also prevent sudden death syndrome in young children.
The “breakthrough” involved taking skin cells and turning them first into pluripotent stem cells and then into heart cells. The process was conducted by scientists in the REMEDI, the biomedical research centre based in NUI Galway.

For the general populace, a scientific “breakthrough” is generally understood to mean the discovery of something new. This is usually validated by the researchers or scientists delivering their findings to a journal or equivalent body, which in turn seeks peer review by passing the information onto independent scientists for their assessment. If everything stacks up the journal then publishes and heralds the breakthrough.
The story in question did not originate in a scientific or medical journal, but was as a result of a press release from NUI Galway. The release and any quotes from the scientists involved made it plain that this was the first time the experiment was completed “in Ireland,” — but such detail tends to get lost when it comes to science.

From the media organisations’ perspective it might well be asked why was it necessary to promote what was achieved in Galway in such a manner if it wasn’t of major scientific value. The actual “breakthrough” in the process in question was made at least seven years ago.
REMEDI does some great work in stem cell research, but it’s worrying that disseminating scientific information is being reduced to a local story, rather than a genuine breakthrough.
That is just one of number of indicators of how science and research is simply not taken seriously in a country where, apart from anything else, there is a huge reliance on hi-tech jobs.
Look at the “breakthrough” cited above. It involves stem cell research, a branch of science which is hugely important in the pursuit of cures for various medical conditions. Yet in this country, there isn’t even a legislative framework for the science, largely because one element of it involves the use of human embryos.

Therein lies the prospect of conflict with those who like to describe themselves as pro-life. If there is one constituency that most mainstream politicians wish to avoid at all costs it is those who describe themselves as pro-life.
So rather than legislate in the interests of the country and its future, the body politic has parked the issue in the hope that it might go away, or something might happen, or sure, let’s pretend it’s not there.

Stem cell research is only one area where science fails to get the attention required in a country that claims to value the knowledge economy.
A central plank of economic policy is the attraction of foreign direct investment. Increasingly, the kind of jobs that can be brought to this country are at the high end of the sciences.
The changing winds have ensured that the less specialised jobs in science are now heading east. In the last few months alone there have been job loss announcements in the kind of companies long thought to be a vital element of economic planning.

Two hundred jobs are to go at the Roche pharmaceutical plant in Co Clare, another 100 at Ranbaxy in Cashel and 70 at Elanco in Sligo. The only realistic future is in jobs and facilities which cannot be simply moved to countries with a lower cost base.
Yet, despite the rhetoric, there appears to be little real political commitment to research. This was brought home in the most obvious manner with the announcements of the recent cabinet and minister of state portfolios.

In the previous administration, Labour’s Seán Sherlock was the minister of state for innovation and research. This time around, there is not one mention of science or research in any of the titles of the 33 senior and junior portfolios.
What does that say about how seriously the sector is taken?
There are, among the portfolios, mentions for “integration”, “forestry” and something called the “single digital market”. Yet nothing to do with a vital component of the knowledge economy, which allegedly is at the centre of economic policy.
Sure, it’s only optics, but optics matter in laying out a vision for the country.
No less an august body than the Royal Irish Academy recently thought it necessary to address the lack of prominence for science at cabinet.

A paper on the matter concluded that “the status and influence of HE (Higher Education) would be enhanced in a new cabinet level ministry of HE and Research. Furthermore, this paper believes that sufficient synergies would be generated between the two largest research departments, HE and research, within one ministerial portfolio”.
While such thoughts may make perfect sense to anybody concerned with a vision for the future, they butter no parsnips in the Irish political culture.
Last year the Government did publish its blueprint, Innovation 2020, which has some great ideas and lovely language, but so far no sign of extra funding to get things moving.


In March of last year, more than 900 Irish scientists working at home and abroad wrote an open letter to the Government expressing major concern at the direction research was taking here.
“The Government’s current investment in applied research is welcome and forms an essential part of an overall strategy to generate economic return from scientific research,” they wrote.
“However, without a continued parallel investment in longer term, fundamental research there will be no discoveries to capitalise on. By their very nature, such discoveries are not predictable and cannot be prescribed by what the government calls ‘orientated basic research’.”

Put simply, research is a long game, without guaranteed results. That kind of scenario is anathema to a political culture that has great difficulty seeing beyond the next election. In such an environment is it any wonder that a “breakthrough” is not a breakthrough at all, but a cry in the wilderness, a bleak reminder that science and research do matter greatly.
Michael Clifford

Russia's military have learned lessons from failures to become a proven power


THE success of Russia’s military intervention in Syria has surprised many observers. In just a few months Russian air and naval forces have changed the course of the Syrian civil war. Islamic fundamentalists have been pushed back on a number of fronts. The regime of Russia’s ally, President Assad, has stabilised, while his western-backed opponents have been forced to accept a ceasefire. Russia and the United States are no longer competitors in the Syrian crisis but partners in search of a durable peace that must marginalise the fundamentalists. Coordination with the ground forces provided by the Syrian army has been central to Russia’s success. Russia’s armed forces are under no illusion that air power alone can win wars. The boots on the ground have been provided by Assad while President Putin’s forces contribute advanced technology, firepower and intelligence.

Vital to Russia’s military effectiveness has been the reform and reorganisation of its armed fo
rces carried, out after the border war with Georgia in August 2008. Russia won that war relatively easily but not very efficiently.

The 1990s were a period of steep decline for Russia’s armed forces as Moscow grappled with the sudden implosion of communism and the collapse of the Soviet Union. But since Putin came into office, a significant military revival has been part of his project to reinstate Russia as a great power, capable of global influence and actions. The 2008 border war exposed the need to streamline and modernise the armed forces to make them a more flexible and responsive instrument of Putin’s projection of Russian power. The first success of these reforms came in the Ukrainian civil war when, in the summer of 2014, Russia’s covert support for rebels in the eastern Ukraine resulted in a resounding military defeat for the Kiev government.

Russia’s military performance in Syria and Ukraine belies the stereotype of its forces being crude and unsophisticated, compared to those of the west. Those beliefs have a long history, yet fail to recognise the traditions of creativity and innovation in the Russian and Soviet military. When Hitler invaded the Soviet Union three-quarters of a century ago on June 22, 1941, he believed the Red Army would simply crumble under the might of the German onslaught. Akin to contemporary western advocates of a renewed cold war with Russia, Hitler’s perceptions were shaped by prejudices about the crude barbarian Slavic hordes in the east. The Nazis additionally believed those hordes were manipulated by their primary racial enemy — the Jews. Important, too, were German perceptions of Russian forces’ sorry performance in the 1939-1940 Winter War with Finland.


Adolf Hitler

The spur for that war was Finland’s refusal to concede territory the Soviets considered vital to safeguard the security of Leningrad. Moscow expected an easy victory, but the initial Soviet attack on Finland in December 1939 went badly wrong and the Red Army lost tens of thousands of troops. After the Red Army regrouped, a second offensive forced the Finns to accept an unfavourable peace treaty in March 1940.
The Germans wrongly concluded from that weak performance against Finnish forces that the Red Army would be a pushover. Given the Wehrmacht took only three weeks to conquer Poland in September 1939 and subdued France in just six weeks in the summer of 1940, such hubris was understandable.

What the Germans did not appreciate was that after the Finnish war the Red Army undertook a far-reaching examination of its performance. The result was a series of military reforms, including reinstatement into the armed forces of thousands of “suspect” officers who had been purged by Stalin in the 1930s. So when Hitler attacked the Soviet Union he faced a more experienced and formidable military force than he had imagined.

Operation Barbarossa — the code name for the German invasion of Russia — co-ordinated the June 1941 attack by three million German and Nazi-allied troops (including the Finns) across a 1000-mile front. Its aim was to destroy the Red Army and to conquer European Russia in the course of a single Blitzkrieg — lightning strike — campaign. All went well at first for the German forces who, by September, had captured Kiev, surrounded Leningrad and were ready to advance on Moscow. By the end of the year the Red Army had lost 200 divisions in battle and taken more than four million casualties — losses that dwarfed even the bloody carnage of the First World War. German losses were high, too, with the Wehrmacht incurring nearly one million losses to death and wounding.


Joseph Stalin

The Red Army did, indeed, buckle under the strain but it did not crumble. Crucially, its leadership and political masters modified their strategy and tactics to adopt a more defensive stance. This was distinct from the early weeks of the war when the Soviets had attempted to counter the invasion with massive counter-attacks which achieved little except to expose Soviet troops to defeat by German encirclement.
Stalin took on the role of Supreme Commander but, unlike Hitler, the Soviet dictator did not seek to dominate his generals. Although he did not always take their advice, he learned from their military professionalism and strived to create a coherent and effective high command.
One of Stalin’s key decisions was to return his Chief of Staff — General Georgy Zhukov — to front-line operations. Zhukov helped to defend Leningrad and was then given command of the Soviet armies defending

Moscow. Crucially, Stalin decided to stay in the Soviet capital rather than flee the city and in early November 1941, on the anniversary of the 1917 Bolshevik Revolution, he delivered stirring patriotic speeches designed to boost the morale of Moscow’s defenders.
Yet by the end of November advanced units of the German army could see the spires of Moscow’s Kremlin. However, the Soviets had been husbanding their reserves and in early December Zhukov was ready to launch a massive counter-offensive to drive the Germans back from Moscow. For a while Stalin even hoped to reverse Operation Barbarossa completely and chase the Germans out of Russia altogether, but that was beyond the capabilities of the Red Army in 1941-2.


Wearing the WWII-era Red Army winter uniform Russian soldiers take part in the ceremony commemorating the 72nd anniversary of the 1941 parade at the Red Square in Moscow, on November 7, 2013. In 1941, the Red Army troops marched past the Kremlin and then went directly to the front line to fight the Nazi Germany troops at the gates of the Russian capital. Picture: Vasily Maximov/AFP/Getty Images

Hitler’s inability to capture Moscow signalled the strategic failure of Operation Barbarossa. Instead of a quick victory, the Germans faced a long war of attrition on their eastern front — a war that they were doomed to lose now that the Soviet Union was allied with Great Britain and the United States.
In immediate response to Hitler’s June invasion of Russia, British Prime Minister Winston Churchill declared his support for the Soviet Union, while US President Roosevelt authorised American aid to the USSR, although the US did not enter the war officially until the Japanese attack at Pearl Harbor in December 1941.
Then in 1942 Hitler launched another bold move designed to defeat the Soviet Union before the industrial might and human resources of the allied coalition could be deployed fully. His aim was to capture the Soviet oilfields at Baku and to cripple Stalin’s war effort by cutting off essential fuel supplies. Hitler’s war for oil in the summer of 1942 provoked what was arguably the most important battle of the Second World War — the fight for Stalingrad.

The Germans’ southern campaign towards Baku began at the end of June and advanced rapidly. But the Red Army fought a far more effective strategic retreat and suffered fewer losses than in 1941. Then, as the Germans reached Stalingrad, the Soviets demonstrated their mastery of military art by engaging them in a costly street-by-street urban battle whilst preparing a counter-strike to encircle 300,000 enemy troops in the city. The Red Army’s counter-offensive at Stalingrad in November 1942 was the beginning of the end for Hitler and the Nazis as the Soviets seized the strategic initiative and thereafter inflicted defeat after defeat on the Germans. As Winston Churchill acknowledged at the time, it was the Red Army that tore the guts out of the Nazi war machine. The final victory was delivered in May 1945 when Zhukov captured Berlin and forced the Germans to surrender unconditionally. Hitler was by then dead having committed suicide in his bunker on April 30,1945.

Surviving German generals claimed after the war, they had lost to the Red Army because it had more troops and resources and was better adapted to the weather and terrain of Russia. Hitler was also a convenient scapegoat for Nazi Germany’s defeat by a supposedly barbarian and backward nation. His generals declared Hitler to be a poor supreme commander whose strategic errors had snatched defeat from the jaws of victory. Conveniently, these same generals forgot the bad advice they gave to Hitler. In truth, the German-led forces lost to an army that was better as well a bigger: an army with superior arms, strategy and leadership. Stalin made as many mistakes as Hitler but he learned from them as did the Red Army as a whole. During the war the Red Army developed into a highly effective learning organisation. The experience and lessons of combat and command were assiduously collected, analysed and disseminated. The Soviets kept command structures, force organisation and military doctrine under constant review. Meanwhile, military technology improved steadily and the Soviets made good use of the thousands of tanks, planes and trucks supplied by their western allies.

The Red Army was traditionally offensive-minded and, by 1945, Soviet attack operations were highly sophisticated exercises in the mass deployment of air, artillery, tank and ground forces. When the Red Army invaded Germany in January 1945 it deployed 2.25 million troops, 6500 tanks, 4800 aircraft and 31,000 pieces of artillery.
It was the Red Army that finally defeated Japan in August 1945 when the Soviet invasion of Manchuria, combined with the Americans’ atom bombing of Hiroshima and Nagasaki, shocked the Japanese into surrender. The rapid Soviet defeat of the million-strong Japanese Kwantung Army in an operation that ranged over 100s of miles is still studied in military academies across the world.


A Russian soldier waves a flag while standing on a balcony overlooking a square, where military trucks gather, during the Battle of Stalingrad, World War II, Stalingrad (now Volgograd), USSR (now Russia). The soldier has a rifle strapped to his back. Picture: Hulton Archive/Getty Images

After the war, Soviet military innovation continued, so that by 1949 the Soviet Union had developed its own atomic bomb and in the 1950s became the first state to develop intercontinental ballistic missile capability. Although the USSR was not overtly involved in the Korean War of 1950-53, Soviet jets and pilots were more than a match for their US counterparts. During the prolonged war in Vietnam Soviet-supplied missile defence systems were used to defend against American bombing raids. The Soviet AK47 automatic rifle was to become a weapon of choice for both regular and irregular armies.

The Soviet army did not conduct major combat operations until the Afghanistan war in the 1980s but it did police the communist bloc countries with military interventions in East Germany in 1953, Hungary in 1956 and Czechoslovakia in 1968. The 1981 threat of a Soviet invasion of Poland to safeguard communist rule prompted the Polish government to introduce martial law and to clampdown on the Solidarity movement’s challenge to the communist system.

The Afghanistan campaign has been portrayed as the Soviet Union’s ‘Vietnam’: a costly losing war against Islamicist insurgents that began in 1979 and ended in failure when the Soviets withdrew in 1988. But that is not how the Russian military views the conflict. Soviet armed forces suffered 15,000 fatalities but suppressed the insurgency more thoroughly than their western counterparts managed in their Afghanistan war of the early 21st century. When the Soviets withdrew they bequeathed a stable and secular — if authoritarian — regime which only fell to the Taliban when Moscow withdrew financial aid to Afghanistan following the 1991 collapse of the USSR.

The Russians nevertheless chose to learn lessons from the conflict. Above all they noted the dangers of engaging in complex battles from which it is difficult to later withdraw and of “mission creep” — the broadening or expansion of original military goals after initial successes without sufficient analysis of the likely outcomes. Hence the limited nature of Russia’s mission in Syria and its relative restraint in Ukraine.


Russian President Vladimir Putin, left, receives a picture taken in Syria from Col Gen Alexander Dvornikov during an awarding ceremony in Moscow’s Kremlin, Russia. Dvornikov, who commanded the Russian military in Syria, said in an interview released Wednesday that Russia’s special forces have helped direct air raids in Syria and Russian military advisers have played a key role in the Syrian army’s offensive. Picture: Alexei Nikolsky/Sputnik/ Kremlin Pool AP

None of Russia’s wars were wars fought by choice. In each case Moscow’s preferred option was to secure a political solution that would achieve its goals. Initially this was true even when confronting Hitler. While Stalin doubted that the non-aggression pact he had signed with Hitler in August 1939 would last, he was prepared to co-exist with Nazi Germany. Hitler initiated hostilities because he feared Soviet power and wanted to liquidate Stalin’s ‘Jewish-Bolshevik’ regime. The war unleashed in Russia by the Nazis was no ordinary military conflict. Rather it was an ideological and racist war, a war of destruction and extermination that aimed to kill Jews, enslave the Slavic peoples and destroy communism. This resulted in the death of 25 million Soviet citizens, including a million Jews as the first victims of the Holocaust. Equally horrifying was that three million out of the five million Soviet POWs captured by German forces died in prison. In total the Red Army lost 8 million soldiers and another 16 million were wounded.

On the German side, there were 10 million military casualties including three million dead. This represented 75% of their total losses during the Second World War. The Red Army destroyed 600 enemy divisions — Finnish, Rumanian, Hungarian, Spanish and Italian as well as German. Among the Axis losses were 48,000 tanks, 167,000 artillery pieces and 77,000 aircraft. Meanwhile the Germans destroyed 70,000 Soviet cities, towns and villages together with 98,000 collective farms, tens of thousands of factories and thousands of miles of road and railway track. This was war on a scale unprecedented and unsurpassed.
Some have argued that the Soviet victory over Nazi German was pyrrhic — a victory won at too great a cost. But the alternative prospect of a triumphant Nazi empire ruling Europe would have been far worse. As Russia never tires of reminding the west, the Red Army saved European civilisation as well as the Soviet Union from the Nazis.

The Soviets did not, of course, win the war on their own but in a grand alliance with the western allies of the US, Great Britain and other states — an alliance that, with the addition of China, Vladimir Putin would dearly love to re-create to defeat common enemies in Syria and elsewhere.

Geoffrey Roberts is Professor of History at UCC and the author of Stalin’s Wars: From World War to Cold War.

Sunday, June 5, 2016

A Legend In His Own Lifetime

There are those moments in history when you remember where you were when it happened and Ali was one of those moments, as in the time when he beat Foreman and when he finally passed himself. His fights were legendary, in and out of the ring. He stood alone when no one stood with him and they only wanted to touch the hem of his garment when he started to look like he was going to win again, all the way from the draft board to beating a much younger George Foreman. He showed how to win and how to lose in equal magnanimity.  And he was more than that......



The tributes will continue for decades to come where the spirit and courage of the man will be hotly debated. In the end they will all agree that he was different than the rest except against the shoulders of the men and women that came before him that gave him that courage and inspiration to do the things that he did that became the man that we will all remember him by. It is from his courage that many a person who feared to thread before found their feet at last, which not only included black people, but white people and all the colours in between.

When it was said over national radio that "Joe Louis was a credit to his race, the human race" it was meant to be coy and ground breaking for its time; a doffing of the hat at black people, a sign that if they behaved they could drink at the well as white people had. The reality was much different then in the deep South and quite a few States above that for  they could not drink at the same fountain of water or eat at the same table or indeed restaurant as white people could. It took others to change that and Ali rubber stamped their courage with his larger than life personality and a mouth to match what he bragged about. He made it something proud just to be an individual no matter where you were born or under what circumstances; he gave a voice to the muted and hope to those in despair and made people feel that they could still do something and yet be happy even if they fell a little short.

I can't say it any better than the accolades that now shower the digital age except not only that people wanted to touch the hem of his garment, but that he touched all of us is some little way that wants to make us try a bit harder to be all we can be. He truly was a legend in his own lifetime and in many others lifetimes yet to come.

Barry Clifford

Friday, June 3, 2016

The Greatest: Muhammad Ali has passed away aged 74 years.



Muhammad Ali has died aged 74, a day after he was rushed to hospital with difficulty breathing. The legendary boxer died with his family at his side on Friday evening. It was earlier reported that Muhammad Ali's family had started making funeral arrangements after doctors warned that the legendary boxer was just hours from death. He was on life support at a hospital outside Phoenix, Arizona, after he was found 'barely breathing' at his home on Thursday. His reported respiratory problems were likely complicated by his Parkinson's disease.




John McGuinness should be cheered, not chided



Fianna Fáil TD John McGuinness has defended his decision not disclose his meeting with then Garda Commissioner Martin Callinan,

The outrage expressed at the so-called “failure” of John McGuinness, the ex-chairman of the Public Accounts Committee, to disclose his meeting with the then Garda Commissioner Martin Callinan in a car park in 2014 has been somewhat puzzling.
Since he revealed it in the Dáil, and it was first reported this day one week ago in this newspaper, McGuinness has come in for much criticism for choosing to disclose the meeting after the O’Higgins inquiry into Garda failures had reported.
From Cabinet ministers to the media, condemnation of Mr McGuinness’ decision to stay silent until last week has been relentless.

His alleged crimes are that: Firstly, he didn’t disclose the meeting to his then PAC colleagues at the time but also, more importantly, that he didn’t bring it to the attention of O’Higgins.
But let’s get a grip here.

Yes he can be abrasive and bristly, and sometimes he does not play well with others, but McGuinness has proven himself time and again to be his own man — a trait which is all too rare in Irish politics.
We are told that Mr McGuinness was summoned to this meeting by the Garda Commissioner at a time of great crisis and unrest in the police force. Amid talk of the committee preparing to take evidence from a serving member of An Garda Síochána, the establishment was up in arms in disgust.
As chairman of the PAC, he acquiesced to Mr Callinan’s request without knowing what was on the agenda.
He gave the Commissioner a hearing over the course of 20 to 30 minutes in the car park of Bewley’s Hotel (now the Maldron) on the Naas Road on January 24, 2014.
This was just 24 hours after Mr Callinan made his “disgusting” remark at the PAC to describe the actions of Sgt McCabe and his fellow whistleblower, John Wilson.
“On a personal level, I think it’s quite disgusting,” Mr Callinan told Independent TD Shane Ross at the tense and charged marathon meeting of the committee.

In the Dáil last week, Mr McGuinness said: “The Garda Commissioner confided in me in a car park on the Naas Road that Garda Maurice McCabe was not to be trusted and there were serious issues about him.
The vile stories that circulated about Sgt McCabe, which were promoted by senior officers in the Garda, were absolutely appalling. Because they attempted to discredit him, he had to bring forward various pieces of strong evidence to protect his integrity. During the course of that time, we have to recognise that the political establishment was of absolutely no help to him. Every effort was made to ensure that he would not appear before the Committee of Public Accounts.”

Once Mr Callinan had finished imparting his view to Mr McGuinness, the two men parted ways.
Given that there was such a campaign to besmirch the character of Sgt McCabe, such an intervention by the Garda Commissioner was not to be dismissed lightly. The easiest thing in the world for Mr McGuinness to do would have been to deny Sgt McCabe his outing and the establishment would have been put at ease.
But he didn’t.
The true test of 
Mr McGuinness was that, despite this overt pressure from Mr Callinan not to bring Sgt McCabe before his committee, he did exactly just that. In the teeth of being leant on by the most senior police officer in the country, Mr McGuinness fired ahead and took a leap in the dark and gave the maligned whistleblower his own outing just six days later in the bowels of Leinster House.
In anyone’s language, that takes balls.

To the point that he didn’t inform his fellow members of PAC, Mr McGuinness has argued this week, with some validity, that, had he done so, he risked placing the chances of Sgt McCabe appearing in jeopardy.
A leading member of the PAC at the time, Mary Lou McDonald, has defended Mr McGuinness’ decision to withhold the information, given the unrest engulfing the committee at the time.
She said there was “merit in the concern” expressed by Mr McGuinness that to reveal details of the meeting before Sgt McCabe gave his evidence to the PAC may have derailed the process, as there was “no appetite within the system to have Sgt McCabe appear before the committee”.
As to the point that he should have revealed the matter to the O’Higgins Commission, there is more of a legitimate argument to be made for that. Even Mr McGuinness himself accepted that his information may have added to the mix and helped Judge O’Higgins in his findings.

But, in defending his decision not to disclose it, Mr McGuinness said that he allowed the report by the O’Higgins Commission to proceed because he believed that Sgt McCabe would be exonerated.
“What has transpired after that, in leaked documents and so on, is the fact that the Garda Commissioner, it is reported, set out to destroy the credibility of Maurice McCabe and his integrity,” said Mr McGuinness.
“And because that happened, I felt that it had to be put on record that this meeting happened and during all of this time, there was an effort made at senior level within the force to undermine not only Maurice McCabe, but many others who have brought forward vital information into how their work is being done.”
The outspoken Fianna Fáil TD said that “serious questions remain unanswered, including is there a continued culture to cover up within the Garda force, the whistleblowers that are under siege in that force”.

However, he said he had “made the call having heard the O’Higgins report, and having listened to the debate that it was time to put on record a piece of proof that the culture within the force continued in the vein that militated against Sergeant Maurice McCabe”.
He told me this week that the main reason he did not inform O’Higgins was that he considered it, rightly or wrongly, to be outside the remit of the inquiry. At worst, even if he made a mistake on that, the criticism of him has allowed the focus to shift from the man who really should be under the spotlight. It is, surely, for Mr Callinan to explain exactly why he sought the meeting.

It is, surely, for the ex-Commissioner to confirm or deny the very serious charges levelled at him by McGuinness in the Dáil and in his subsequent media commentary on the matter.
So far, Mr Callinan has remained silent. All we have to go on is the unchallenged account, offered up by Mr McGuinness and confirmed by other sources, which paints the retired Commissioner in a poor light.
It merely bolsters the image conjured up by his use of the word “disgusting” to describe Sgt McCabe and Mr Wilson one day before he met Mr McGuinness in that now infamous car park meeting.
Mr Callinan’s successor, current Commissioner Nóirín O’Sullivan, has said she was unaware of the meeting.
She has had to try to convince the public that the force is now a changed place for those people willing to speak out. She faces two stern tests later this month when she goes before the new Policing Authority in public session.


Ultimately, this might not be a popular view on this topic, but I believe Mr McGuinness should be cheered, not chastised, for ignoring the will of the establishment by allowing Sgt McCabe a forum.
Daniel Mc Connell