Let us try to Save our Battered Peace Process while taking stock of Values

international | crime and justice | opinion/analysis

Sunday February 20, 2005 22:42

by Michelle Clarke - Social Justice and Ethics campaigner

Justice delayed is Justice Denied.

The CAB will not apparently being receiving early pensions. Instead, their skills refined through the 1980's/90's scandals of tax evasion will now prove refined to the degree that we may have an effective, speedy system of tribunals with prompt delivery to the Justice system

However, in the midst of all this exciting blame festering news let us not forget the important issues. We need to review children, we need to consider restorative justice, we need to appoint educational psychologists in our schools, we need Ethics established as a mind set of those entering the work environment, government etc.

Corruption has raised its ugly head. More tribunals will be required to establish facts but this time let them have a time limit; a cost limit; and if evidence is gathered, let it be accessible in the courts of our Island of Ireland. ‘Justice must be seen to be done’ this time.

We also ought to have learnt from the 1980’s tribunals, some still in operation that ‘Justice Delayed is Justice Denied’. The time has come for a clean sheet. Transparency Ireland is linked internationally.. let Ireland join with the other member countries to redress corruption and in particular silent criminality. Former President Robinson is involved with the UN Globalised Ethics based out of New York.

First and foremost, let us not lose the battered Peace Process in the swell of accusations and media coverage. Also let us recall the vulnerable people in our society, who have been quite evidently been forgotten by those consumed by personal greed and narcisstic tendencies.

Acutely we need to keep abreast of the Rights of our Children now and for the future. This article is about those who will be forgotten in the swell of the most recent outcome by combined forces North and South. Society has a duty of care to children as have parents, family and otherwise.

Children - the vulnerable members of Society. Family structures have changed and the outcome has not yet been discerned. There are children of Single Parent Families, some who know the father and receive maintenance and others not. There are children who are danced around the work arrangements of the single parent or/and likewise financially driven dual earners. Childcare is 20% of the average income which is considerably higher than say Europe.

People tend not to take account of the impact on a child of a parent's preference of work to the child. This means an additional effort must be made to create a home environment and outside school activities all based around timetable. We must note that Children make assessments too: Toys/holidays/treats are quickly recognised by astute children as being 'bought off' enticements by guilty parents.

In my crazy mind, I often wonder if the law was stretched and motivated further by the greed of ‘No Foal No Fee’, could we ever see a child suing say a mother for failing to disclose on the birth certificate the name of the father i.e. (‘Knowingly’ would need to govern the Actus Reus). Frankly, I cannot see why not. A little imagination could create at lot of work for the Department of Justice…

I am not in the game of answers.

However a Judge did refer recently to the situation as an Armageddon for children. For me this is a significant Wake Up Call to Parents to assume responsibility for the contract they undertook to have and rear a child.

Divorce, having become vulnerable.
Where I do have experience is as a neurologically damaged and bipolar history being forced through the adversarial divorce system here in Ireland. It is here the Judge referred to the real armageddon and I can only stress the fact that it is. The Divorce complete, I then fell foul of the Roman Catholic Church and annulment. Hell, and back and I am ‘grown up’

Children have no legal representation. It has been suggested that they have their own barrister to represent their interests. To me: This would be bedlam. Three sets of barristers in adversarial competition renders only all with high legal offences and perhaps even a back loan. How do we deal with Emotions?

Children need rights. People forget that children understand so much.....they actually deal in the world of the truth and often become the 'care-takers' for parents who are unable to decide what to do.

One last point I will make. Legislation must be effective. If a Father is to contribute on a monthly basis then this must happen, particularly if his wife has poor health. This idea of calling recipients back to court at short notice is traumatising for the children. They do not deserve it.

Divorce is now in years. The fact that our Taoiseach has not effected same indicates that he, like a lot of people, is in a limbo. This is scary. If the marriage is at an end, Divorce exists now, closure is required, children must be catered for financially. People being hapless only means that a later date there will be live issues. The issue of the 50 50 rule raises its head here but then this may be resolved by EU membership rules relaxing the law….the wealthy party can live for a few months in another country and get a one year divorce.. This makes marriage a real Swiss Cheese contract for children and vulnerable wives.

Another point we tend to overlook, Ireland has no clean break.
This means, that you might be divorced from a spouse, and die. He has to be notified of your estate and has a claim on it......People do not realise this nor do their children ...... it is open-ended.

The concept of an Ombusdaman sounds ideal. It falls more in line with the European court system - where an investigation is carried out. Adversarial is an extremely humiliating way to end a marriage.

These are issues that require consistent but urgent attention from our Department of Justice Equality and Law Reform.

The family unit, as outlined by Edward Walsh (Limerick University) merits attention and at every level.

We have the research and partial evidence to the issue of abuse in Industrial Schools in Ireland but we have no closure for those people who suffered inhumane treatment. Without this source of compensation financial and otherwise, there can be no redress. Let us deal with the issue in a forthright way, use the data to ensure a safer environment for our youth. Let’s address youth crime in a proactive way.

Let us also have Assessment Officers to ensure people with Disabilities can receive the Rights Based legislation that has been promised and has faltered once too often. Let us acknowledge that President McAleese had the knowledge and courage to activate Article 26 of the Constitution. 80% of a persons pension was withdrawn without permission by the state on vulnerable people and people with a psychiatric history who spend periods of several months in hospital.

No man is above the law…..What is happening concerning Mr. Justice Curtin. I do not grasp the delay. It is neither fair to his wife and daughter, to him, or to people on the Island of Ireland who want to see this matter dealt with.

I ask one question. If in the UK Judiciary, someone can be removed from office for say a personal indiscretion.. why not the case in Ireland? I would imagine similar to an employment contract, the same applies to a Judge. If not, why is the matter not dealt with forthwith. Again I return to the old English adage. ‘Justice delayed is Justice Denied’

I always end with a quote
William Blake 1757-1827
To see a world in a grain of a sand
And a heaven in a wild flower
Hold infinity in the palm of your hand
and Eternity in an hour

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Comments (8 of 8)

Co-incidence. The Big Bite Show hosted by David Williams dealt with this matter today.

Mon Feb 21, 2005 20:42

I noted some comments that you might be interested in. This is quite a 'hot' topic and Geoffrey Shannon has launched his book just recently on the Topic of Children. Mr. Shannon is a Family Law Expert. More interestingly, the proceeds are to be given to three nominated charities related to Children.
I was unaware of this at the time of writing.

There is a new EU Regulation that surpasses the Irish Constitutional amendment on divorce. What this in effect means is that a party to a divorce can move location to another EU country or even to the North of Ireland and apply for a divorce....

This basically writes off our own amendment regarding divorce with the emphasis of delay and mediation outlined.

We the Irish people need to ask why our Government and in particular our Minister for Justice Equality and Law Reform, Mr. Michael McDowell, did not notify Irish citizens in 2002 when it was first mooted. Equality is core to our Children, spouses and those involved in social policy relating to children, people and those who are in a vulnerable situation. This matter ought to be in the media and on the political agenda.

My grandfather, a Judge, had two sayings that I have learnt through experience to be wisdom and valid. The first is, beware of the vested interest, and the second is 'Knowledge is no load'.

We need to note that this change provides the advantage for the party who litigates first.....It is a direct negation of the solicitors role within the Irish context to encourage mediation. This has serious implication for the partners, their rights and most importantly for the children of the union.

Different countries have different slants. However, the party who initiates the divorce has the distinct advantage to choose the country that best suits their subjective requirements. The divorce will cover the Children; the Access, Custody; and assets. Just think of the word assets and all the funds that appear to remain offshore presently......we need parental responsibility at all times.

An example highlighted was Denmark. The Danes focus on the Child's best interests and anyone who frustrates this, is automatically fined. In Sweden, they have a parental alienation clause.

The Danes have opted not to accept this EU ruling regarding divorce.

This matter needs serious consideration.

Michelle

family unit

by susan

Thu Mar 24, 2005 10:22

Professor Edward Walsh as mentioned has actually gone one step forward. Not only is he defending the family unit, he wants to open a full and frank debate on lone-parenting.

Belated Response to Susan: Dr. Ed. Walsh Lecture Lone Parents Feburary 2005

Wed Apr 13, 2005 00:30

Susan

Thanks for your response and website for the Post. I would recommend same.

Given the media attention arising from Kevin Myer's reference to 'Bastards', this whole issue harbours sensitivities that personally I deemed to be long gone in Ireland!!!! Wrong.

Ireland and transformation has seen the change from being one of the poorest countries to being one of the most affluent.....yet children are not provided for by our Government, families, the Church, the Justice System, the 'narrow' focused educational system.

Ireland was catupulted to economic success but the social policy element was stimied by people with power and vested interests who were prepared to conceal the truth required to unveil for example Child Sexual Abuse.

Yet, we have no answers. We have those children of that abuse now approaching old age with the burden of Redress/Reconciliation/Compensation for the torment and pain they were forced to endure. Their crime then, as children, was but to be abandoned to orphanages and institutions.

Let us address social policy in the same way as the Government approached the 1980's recession. Back in the 1990's, a Kick Start was needed to project Ireland forward....The introduction of tax breaks encouraged the property market and a market in second homes and tax free rent for 10 years plus any expenses incurred for rental purposes;

the next great bonus was the holiday home relief; then of course Artists have no tax to pay; then we have the Financial Services Centre and introduction of tax breaks to encourage international banks to set up here.

This is great. On top of this we had the advantage of all the funds that came via CAB; the Taxing Masters office and other related sources; Huge amounts of money were recovered. It is there surely for social policy advancement, education, health, children etc.

Today, it looks like more funds will fund our economy. However, consider one factor about this latest Revenue drive. Let us not become to over-focused and forget matters relating to Children, Health, the long awaited Disabilities Bill, that is supposed to give rights to people like me.....Rights that are basic.

The people concerned may not be as guilty of evasion of tax.....To contextualise, one needs to think of the time when these 'Products' were sold. We are talking about the hard 1980's and early 1990's.

I recall 1992 when Bank of Ireland Shares were 1.50 pounds these shares subsequently rose to heights of near euros16.

Imagine, the 1980's was a time of Early Retirement options for Bank Managers and others. This left a group of young people who perhaps could return to say Bank headoffices and market 'Products' to people known to have money!!!! Some of these people may in fact have been quite 'harmless'. Perhaps tax avoidance would be more appropriate than evasion. People who may have grown up trusting say the Doctor/Teacher/Priest/Bank Manager....Just a thought perhaps.

One motive for a purchaser was that no inheritance would have to be paid in. Then there was the leverage and growth expectation to entice the purchaser.

Remember, this person may have been invited to the location where a marketer sold them a product..

Now think of the age of the people now. The Statute of Limitations is suggested regarding the Repayments by HSE, surely it ought to be

Care needs to be exercised. We don't want the CAB to kill the fatted calf.

Quotation from Michelle

'This is what Yahweh asks of you, only this
To act Justly, to love tenderly and
To walk humbly with you God
(Micah 6:8)

Let us save the battered Peace Process..........We did but something went radically wrong this weeke

by Michelle Clarke - Social Justice and Ethics

Mon Mar 09, 2009 18:40

Months of financial disaster appears to bring to fruit the content of this article in 2005.

Signs nearly always preceed events.

Sadly, we achieved the Peace Process and thanks to hard work by a lot of people directed towards Peace and not War

Two Soldiers, in Antrim, en route to the terrors of Afghanistan, today are dead........dead because they according to a minority of people decided they were targets......to be shot dead, in a hail of bullets. The bullets were so indiscriminate that two more are severely injured (hopefully not life time sentences......)

They ordered a pizza - strange the first time I had a pizza in months........and they shot out.

Mr. Pizza man from Poland, my apologies.........and to their families, children, friends, fellow army friends and personel

Michelle Clarke

Murder most foul last week..Find these trigger happy thugs and put them behind bars

by Kevin T Walsh - Justice Equity Morality

Thu Mar 19, 2009 04:06

A loving caring beautiful sister of the tender age of 23 spoke of his murder and hope for the future away from violence. Thank you.

Michelle

4 centuries later and still we need visionaries, writers

by Swift - Irish Pamphlets

Fri Oct 14, 2011 15:53

Technology is the new dimension but people who are interested in social justice are out there; those who consistently wrote on this Indymedia site going back to 2002 and yet were bullied by others and placed in 'Hidden Articles List'. Some writings though made it through the wall of prejudice and by chance while googling this site this and others appeared. In the light of the Presidential Campaign, it should be interesting to take the view of those who appear to have followed the potential of the Peace Process back in those days of early 2000; those heady days of Developers/Politicians/Professionals/Tribunals who were too self obsessed and money driven to pay heed to a new dimension in the formation of a United Ireland.

We await 2016: This site also mentions the paper Daily Ireland which covered this period but sadly financially could not work. We should not forget its intervention and impact on the Process also.

Occupy Wall Street is but 3 weeks old. They say it is a metaphor. The people their values are transcending two dimensional politics and creating a network of views but the theme is Anti-Corruption/anti the God like salaries/bonuses paid to bankers who do nothing other than take risks like professional gamblers. It is these gamblers that need to start taking account for the loss of core moral, ethical values that are essential within a society.

Let us start to rebuild Ireland. The President plays a role in this country; maybe it is time yet again to have a President who has fought and fought realistically and literally for Peace on this Island and who has transcended prejudice.

William Blake 1757-1827
To see a world in a grain of a sand
And a heaven in a wild flower
Hold infinity in the palm of your hand
and Eternity in an hour

Massacres most foul

by Damien M - PW

Fri Oct 14, 2011 20:24

And who fears to speak of the hundreds of thousands slaughtered in the Middle East, carpet bombed in Iraq, tortured in Abu Ghraib for having the misfortune of being born in oil rich land... Baha Mousa didn't even get to order a pizza let alone smell it wafting in the spring Antrim air.

Big money all round !

by Sharon. - Individual.

Fri Oct 14, 2011 21:20

Hi Swift !

Let's not forget that those "God like salaries..." you mentioned are not only paid to the "Developers/Politicians/Professionals/Tribunals" which you wrote about in the above post : whoever it is that takes up the soon-to-be vacant position in the Phoenix Park will cost the taxpayer in this State €5187 a week in wages alone , not to mention expenses and future pension payments !
More at the 'Related Link' below.

Thanks,
Sharon.

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Let us try to Save our Battered Peace Process while taking stock of Values

Comments (8 of 8)