BUNREACHT  (PRIMARY  LAW)  ISSUES

Republic of Ireland
(August 11th 2004)

     
 
billyfinnerty1945@hotmail.com  

From :  William Finnerty <wfinnerty@eircom.net>
Sent :  Wednesday, August 11, 2004 12:16 PM
To :  "President Mary McAleese" <webmaster@aras.irlgov.ie>, "Prime Minister Bertie Ahern" <taoiseach@taoiseach.irlgov.ie>, "Minister for Justice (Michael McDowell TD)" <Michael.McDowell@oireachtas.ie>
CC :  "Mr. Martin Egan (Principal Lawyer, Fair Murtagh Law Firm)" <martinegan@fair-murtagh.ie>, "Mr Gearoid Geraghty (Fair Murtagh)" <gearoidgeraghty@fair-murtagh.ie>, "Law Society (Republic of Ireland)" <H.Mountaine@LawSociety.ie>, "An Bord Pleanala" <bord@pleanala.ie>, "Environment Protection Agency" <info@epa.ie>, "01 Eir" <wfinnerty@eircom.net>, "02 Yah" <newinngalway@yahoo.co.uk>, "03 Hot" <billyfinnerty1945@hotmail.com>, "04 Hot" <finnachta@hotmail.com>, "05 Yah" <finnachta@yahoo.co.uk>, "Ian Lumley (An Taisce)" <heritage@antaisce.org>, "Friends Of The Irish Environment" <admin@friendsoftheirishenvironment.net>, "VOICE of Irish Concern for the Environment" <avoice@iol.ie>, "The Democracy Commission (Ireland)" <democracycommission@tascnet.ie>
Subject :  Fw: Further evidence for believing Constitution of the Republic of Ireland is knowingly being violated ...

MIME-Version: 1.0
Received: from mail05.svc.cra.dublin.eircom.net ([159.134.118.21]) by mc1-f26.hotmail.com with Microsoft SMTPSVC(5.0.2195.6824); Wed, 11 Aug 2004 05:16:50 -0700
Received: (qmail 55247 messnum 374419 invoked from network[159.134.204.48/159-134-204-48.as1.rsl.athlone.eircom.net]); 11 Aug 2004 12:16:37 -0000
Received: from 159-134-204-48.as1.rsl.athlone.eircom.net (HELO default) (159.134.204.48) by mail05.svc.cra.dublin.eircom.net (qp 55247) with SMTP; 11 Aug 2004 12:16:37 -0000
X-Message-Info: JGTYoYF78jHotWzTii8irqYwEldHUPf9
Message-ID: <002b01c47f9d$09809030$30cc869f@default>
X-MSMail-Priority: Normal
X-Mailer: Microsoft Outlook Express 6.00.2800.1437
X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2800.1441
Return-Path: wfinnerty@eircom.net
X-OriginalArrivalTime: 11 Aug 2004 12:16:52.0537 (UTC) FILETIME=[15CA0290:01C47F9D]
 
 
----- Original Message -----
Sent: Monday, August 09, 2004 1:13 PM
Subject: Further evidence for believing Constitution of the Republic of Ireland is knowingly being violated ...
 
Sent: Sunday, August 08, 2004 7:15 PM
Subject: Re: Galway County council votes against the CWMP (Connacht Waste Management Plan)

Hi Billy,

Re: on 8/7/04 8:57 AM, William Finnerty at wfinnerty@eircom.net wrote:

For example, there is the statement "... Galway County Council has twice unanimously voted against the Connacht Waste Plan".

Assuming it's true, and I have no reason to doubt it, the above statement appears to me to be VERY strong ammunition for Ann Marie's High Court challenge relating to the alterations to the Waste Management Act, which we believe represent a clear violation of Article 28A of our Constitution.

Yes this is true and well documented.  Here are the actual votes and dates passed.

GALWAY COUNTY COUNCIL VOTE ON WASTE - SEPTEMBER 1, 2000

That this council resolves that:

1) The future of Waste Management in the County must involve a policy of maximizing Waste Reduction, Reuse and Recycling.  This can only come about with maximum co operation between the Council, the public generally, and in particular, the vociferous and organised lobby groups engaged in this present campaign.

Both from a medical and environmental point of view, Incineration is considered unsafe and unacceptable.  The concerns of the food-producing farming community are accepted.  One of our country's greatest traditional assets is food production from the world's cleanest environment.  This must be protected.

We all accept the need for Landfill.  This view has been clearly expressed by the lobby groups.  Sites already examined are unacceptable.  Landfill should be located in remote areas that are afforested and landscaped and positioned at least 1 mile from any dwelling.  In future, Land Acquisition for such a site should be by voluntary sale through advertising rather than compulsory purchase.

As this council is a Sanitary Authority, We accept this function for which we are elected conscientiously, sincerely and honourably.  We will do our duty. The plan to dump the waste of Connaught in East Galway, be it raw or in ash form is not on.  Therefore the Draft Waste Management Plan for Connaught Region is rejected.  County Manager is requested to prepare a Waste Management Plan for Galway County, i.e. the five electoral areas of Connemara, Tuam, Oranmore, Loughrea and Ballinasloe, including the U.D.C. area.

2) That this council rejects the Connacht Draft Waste Management Plan.

PASSED UNANIMOUSLY
 
=========

GALWAY COUNTY COUNCIL - 22nd January 2001

1.    It is the view of this council that Thermal Treatment is not an appropriate option at this stage.  However, in view of E.U. and National Waste Policies, the need for thermal treatment will be reviewed annually for the next five years.  Subject to progress made on Minimisation, Reduction and Recycling of waste, the elected members will give further consideration to thermal treatment or alternative technologies.  The final decision on this issue will rest with the elected members.

2.    That the Councils of the County and City would remain in close contact and the position/approach of each would be known to the other in relation to this issue.

3.    That uniform charges for the collection of domestic refuse would apply throughout the City and County from 1st January 2002.

4.    That the question of recycling be discussed in detail to ensure a uniform, simultaneous and genuine effort is made to get recycling going and sufficient resources, both locally and especially from the Department of the Environment, are invested in recycling.

5.    That the two regional landfills for Connaught are progressed concurrently thus ensuring the landfill in Galway will serve for the most part the residents and businesses of the Galway area.  This landfill must be progressed in consultation with the elected members of this Council.

PASSED UNANIMOUSLY
 
=========

Here is a newspaper report on the 2001 vote:

Galway Advertiser - Page 6 - April 12, 2001

COUNTY COUNCIL REJECTS WASTE MANAGEMENT PLAN IN DEFIANCE OF MINISTER

by Una Sinnott

Galway County Council has rejected the Connacht Waste Management Plan for a second time despite mounting pressure from central Government to adopt the controversial scheme.
                   
At a special meeting of the local authority on Monday, councillors once more voted unanimously against the plan, and were strongly critical of Minister for the Environment and Local Government Noel Dempsey's plans to take waste decision-making powers out of the hands of public representatives.

The council has undertaken to prepare a waste management plan for the county which could also cater for the city, despite the fact that this decision could be overturned by the minister within days. It is likely that the council will mount a legal challenge to the Waste Management Amendment Bill 2001 - which would see waste powers passed to city and county managers -if it is enacted when it comes before the DŠil in the near future.
                   
The council first rejected the CWMP last September, and Cllr Joe Callanan, who proposed that the plan be rejected again, said that nothing had changed since the local authority first voted on the document.

"It wouldn't take long to draw up a plan that the councillors would agree with," he claimed. "There should be a very high percentage of recycling, there should be no incineration, and there should be a landfill in a remote area."

Callanan's proposal was seconded by his Fianna FŠil colleague Cllr Matt Loughnane. "Today's discussion cannot be taken in isolation from the September meeting," Loughnane asserted. "Last September we said we didn't like it. Every councillor in this chamber put forward reasons as to why this plan should be rejected.

"This is dictatorship," he said of the minister's plans to enforce the plan through legislation. "There was no input by the elected members or by the public into this plan."

Dep. Paul Connaughton claimed that discussions on the plan had centred on its implications for Galway city and county, and there had been little mention anywhere of the proposed landfill site in north Connacht outlined in the plan.  

"None of the three small communities are in a position to take a landfill site," he said of Kilrickle, New Inn, and Newbridge, which have been earmarked as possible locations for a landfill in the plan.

"It is beyond question that incineration is not acceptable and that it is dangerous," Dep. Ulick Burke said of the most controversial aspect of the plan.
                   
Cllr Tim Rabbitt described the consultation process which councillors were involved in as "laughable", and Cllr Paddy McHugh claimed that the minister was "obsessed with incineration".

Cllr JJ Mannion criticised Dempsey for giving local authorities bad publicity by implying that they had failed to make a decision on waste management. "We made a decision in September," he asserted. "We have had more meetings and presentations on this than the minister has had.

" The council then adopted a proposal - put forward by Fine Gael councillors - to prepare a waste management plan for Galway county, which would also cater for waste from the city.

© Galway Advertiser.
 
=========

County Council rejects waste management plan a second time
by Una Sinnott

GALWAY COUNTY Council has unanimously voted against the Connacht Waste Management Plan for a second time, and has proposed to prepare it's own waste management strategy despite pressure from central Government.
                             
Councillors rejected the controversial plan when they met to discuss waste management yesterday. The local authority had previously rejected the plan when it was first discussed last September.
                             
The proposal was led by Fianna Fail councillors, and was passed amid much criticism of Minister for the Environment and Local Government Noel Dempsey, who plans to transfer waste powers to county managers.
                             
The local authority has undertaken to prepare a waste management plan for Galway county, which will cater for Galway city. City councillors voted to adopt the CWMP in February.

The implications of Monday vote may prove to be short lived, as Dempsey pushes ahead with legislation designed to take decision making powers on waste management out of the hands of elected representatives.
                             
Several groups who have strongly opposed the plan - such as Galway for a Safe Environment, Galway Green Party, Newbridge Action Committee, and residents' groups in Kilrickle and Ballinahistle have commended the council for its decision. (Tue 10/04/01)

Also, Galway Corporation (now Council) also voted against the Connaught Waste Plan in 2000.  
 
=========

GALWAY CORPORATION VOTE ON WASTE - JULY 24, 2000

"It was proposed by Councillor F. Coogan, seconded by Ald. P. McCormack, and agreed that Galway City council accept the thrust of the Connacht Waste Management Plan in relation to its objectives to reduce, reuse and recycle waste, that measurable and realistic targets are set, and yearly reports submitted to Council on the achievement of these targets, that thermal treatment is excluded and that Galway Corporation aligns itself and consults with Galway County Council on a Waste Plan for Galway City and County".

Passed unanimously.
 
=========

But as you know Galway Corporation re-voted in 2001 and this time accepted the Connaught Waste Plan, by a margin of one vote as I remember.  I can't find any information on it in my files but I am pretty sure that the vote took place in February 2001, so if you need it you could find it in their council minutes for that month.

Hope this is of use to you;

Aine.
 
+++++++++++++

Article 28A of the Constitution, or "Bunreacht" (i.e. the "Primary Law"), of the Republic of Ireland contains the following statement:

"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."
 
+++++++++++++
 
Please also see information relating to a second, and possibly a far more serious violation of the Republic of Ireland Constitution.  It relates to the extremely important Aarhus Convention Agreement signed by Ireland on June 25th 1998.  Though EU Commissioner Margot Wallstrom frequently speaks favourably of this agreement in public, it is almost NEVER talked about (or written about) by anybody at all in the Republic of Ireland: as can easily be verified by Google type Internet searches. The Constitutional "problem" regarding this particular issue can be viewed at: http://www.finnachta.com/Oireachtas30June2004.htm  
 
+++++++++++++
 
For furure reference purposes, a copy of this e-mail (dated August 11th 2004) will be placed at the following Internet address:
http://www.finnachta.com/bunreacht.htm
 
+++++++++++++
 
 
     
AnnMarieKelly
     
 
  • The "Ann Marie" referred to in the e-mail above is Ann Marie Kelly;
     
  • Ms Kelly ran for election to Galway County Council (i.e. Local Government) on June 11th 2004;
     
  • At the present time (September 3rd 2004) she is organising High Court legal action to challenge the constitutionality of the alterations to the Waste Management Acts, made during the past few years, which removed decision making powers regarding the location and use of superdumps and incinerators from the democratically elected local government representatives;
     
  • Further information on can be found at: Ann Marie Kelly

Top of page

 
     
 
     
 

Legislation and the role of the President of the Republic of Ireland:
http://www.oasis.gov.ie/government_in_ireland/government_and_politics_at_national_level/
president_of_ireland/president_and_legislation.html

Checking and correcting unconstitutional legislation (Republic of Ireland):
http://www.oasis.gov.ie/government_in_ireland/the_constitution/
unconstitutional_legislation_and_decisions.html

Irish Legislation (BAILII):
http://www.bailii.org/ie/legis/num_act/

 Irish Legal Information Initiative (IRLII):
http://www.ucc.ie/law/irlii/index.php

 
     
 
 

Environmental & Democracy Organisations
(Republic of Ireland)

 
 

http://www.antaisce.org/

http://www.voice.buz.org/

http://www.friendsoftheirishenvironment.net/

http://www.democracycommission.ie/showlist.asp?ID=157


http://www.pleanala.ie/

http://www.epa.ie/
 


 
     
 
     
  More information on the problem referred to above regarding Article 28A of the Constitution can be found (under Item 1) in the February 21st 2004 Appeal to An Bord Pleanala at:

http://www.finnachta.com/BordPleanalaAppeal.htm

 
     

 

     
 

Bunreacht na hireann

Constitution of Ireland:
http://www.taoiseach.gov.ie/upload/publications/297.htm

Those unfamiliar with Celtic languages may be interested to know that the above word "Bunreacht" is a composite of the two Celtic words "bun" and "reacht": meaning "primary" and "law" respectively.  The Celtic words "na h…ireann" simply mean "of Ireland".

Google Listings on the
Primary Law of the Republic of Ireland:

http://www.google.com/search?hl=en&lr=&ie=UTF-8&q=Irish+Constitution&btnG=Search
 

 
     
 
 

AltaVista        TRANSLATIONS        AltaVista  

     | Traductions | ‹bersetzungen | Traduzioni | TraduÁűes | Traducciones |

 
   
 
   
 
 
 

              Google
 

Copyright © 1999 to 2004 by William Patrick Finnerty.
 All rights reserved.


Except for short quotes of the kind used by Internet search engines (and by the media), the electronic text and graphic images on this page which belong to Mr. William P. Finnerty may be not copied for any kind of commercial purpose without his prior written consent (contact information provided below).

The electronic HTML code used to create the particular layout of this page is also copyright protected; and it may not be copied by anybody without the prior written consent of Mr. William P. Finnerty (contact information provided below).

PLEASE NOTE:

 IT IS PERMISSIBLE  for any individual person to make a printed copy (or an electronic copy) of this page, or any other page at web sites http://homepage.eircom.net/~williamfinnerty/ or http://www.finnachta.com/    for their own personal use without seeking the author's permission.
 It is also permissible  for anybody to print the www address/s of any of the Internet page/s (which form part of either of the two web sites referred to in the paragraph immediately above) in publications and communications of all kinds; and/or, to provide electronic links to them without seeking the author's permission.

  The full world wide web Internet address for this particular page is:
  http://www.finnachta.com/bunreacht.htm


Web site design: William (Billy) Patrick Finnerty.

Internet www addresses:

  http://homepage.eircom.net/~williamfinnerty/    or   http://www.finnachta.com/

 Email:  wfinnerty@eircom.net    or   finnachta@finnachta.com
Normal Mail: "St Albans", New Inn, Ballinasloe, County Galway, Republic of Ireland.
Top of page     PHONE (from Republic of Ireland):  Ballinasloe (090)  9675825     Top of page
     FAX:  Ballinasloe (090)  9675853

   
PHONE (International):  00 353 90 9675825  &  FAX:  00 353 90 9675853

Top of page

 

PAGE HISTORY:
First placed on the Internet:
August 11th 2004
Most recent update:
September 3rd 2004

Home Page >>> www.finnachta.com <<< Home Page

Hit Counter