On Bulgaria and Romania

First of all, let's make something clear. The Irish Government's decision to deny Bulgarians and Romanians the right to work here was not necessary to preserve our common travel area with Britain. From 1 January, Romanians and Bulgarians will have the right to travel freely throughout the EU, a consequence of their status as EU citizens. Their labour market status has nothing to do with this. Sweden, as a signatory to the Schengen Agreement, shares a common travel area with nearly every other country in the EEA and that didn't prevent them granting employment rights to the accession states in 2004, nor will it keep Finland and Slovakia from opening their labour markets to the 2007 states. It's a complete red herring and I suspect deliberate disingenuity on the part of some of those propagating it.

Now then. It's reported today in the Sindo (free registration required) that the decision was in fact motivated by fears of a "growing black market" in Ireland. If true, and given the source the odds are only about even, it demonstrates a Government thinking that borders on the moronic. Denying employment rights to people that you cannot deny entrance to - yes, that's the way to put a stop to the black market all right. Jesus. How much do we pay these people to decide public policy for us?

While first year logic ought to tell you that such a move will most likely encourage rather than discourage the underground economy, there's evidence for this as well. The European Commission released two reports this year which examined the effects of the transitional arrangements imposed by most EU countries in 2004. Sure enough, the black economy increased in those countries as did the number of low-skilled migrants, while Ireland, Britain and Sweden got most of the migrants at the higher end of the skills spectrum. Ireland and Britain more so than Sweden, which suggests that our increase was influenced by factors other than the lack of labour restrictions here, language and the availability of jobs in key sectors being identified as the two most important. The implication of all this is that Ireland and Britain will continue to be disproportionately attractive compared to other countries with similar labour laws - only now the migrants we'll be competing for will be those who aren't skilled enough to get legitimate work.

It's a recipe for trouble.

The issue that underlies all of this is one that migration analysts have long known but that xenophobes and governments continue against all reason to try to deny: immigration happens. It happens whether the receiving countries want it or not and it happens in spite of all their attempts to limit it. The Irish of all people ought to know this. Legal barriers do have some deterrent effect, but they also have the inevitable consequence of encouraging irregular migration. Indeed, the recent NESC reports on migration theorised that the relative lack of an underground economy in Ireland, compared to Britain and the US, is due in significant part to the relatively open work permit system that existed in this country up until a few years ago. And see where that Sindo article comments on the "growing black market" in Ireland? Is it any coincidence that that growth has occurred since the work permit requirements were tightened? Of course it isn't (and nor is it coincidental that human trafficking to Ireland has increased over the same period, but that's a subject for another day).

Now I'm not saying that there isn't a need for restrictions of some kind. Although I'm ideologically in favour of open borders, based upon my strong belief in the fundamental right of workers to control their own labour, as a practical matter I recognise the impossibility of Ireland or any other country making such a move unilaterally. But the point here is that the borders will be open anyway to migrants from Bulgaria and Romania. The reason that border controls are so strict for nationals of third world and Eastern European countries is precisely because governments know that the only way to keep those people from working here is by preventing them coming here in the first place and once they've achieved the right to unrestricted entry, as is guaranteed to all EU citizens, that's most of the battle lost. If the European nations are genuinely committed to the right to free movement of persons, they must acknowledge that the movement of labour goes hand in hand with it, and it's of no benefit to anyone to pretend the two can be separated by silly transitional arrangements.

St Andrews (2)

I've been noticing that a lot of people, including a lot of panicked Shinners (and a lot of gleeful dissidents), seem to think that the St Andrews proposals were agreed amongst all the participants at the St Andrews negotiations.

They weren't.

As I understand it, this is what happened. The negotiations were about to collapse and everyone was going home. The governments then pulled out this document and offered it to the parties. The parties said Very well, we'll bring this back and think about it.

Personally my preference would have been to tell the governments where they could stick their document but then, I'm not on the negotiating team and there's probably a reason for that!!

Having read the thing thoroughly, I wouldn't touch it with a bargepole. Quite apart from my concerns about signing up to policing under any circumstances, and particularly under circumstances where it is clear to anyone with a functioning cerebral cortex that we are under the cosh, the details of this particular proposal should rule it out. Party policy, as agreed at our last Ard Fheis, includes a prerequisite for devolution of criminal justice and policing. This document says only that if everything goes according to plan there should be enough cross-community confidence for the Assembly to "request" devolution by May 2008.

That's a DUP wrecker's charter if I've ever seen one.

There's simply no way we can sign up to an agreement which would have us take seats on the policing board well in advance of this devolution and with only the vague promise that we ought to be able to "request" it in 18 months' time.

I also believe that if we're going to take a step of this magnitude we need to get more out of it than the measly morsels on offer. OASA, the remaining POWs, the OTRs ... none of these matters are dealt with in the proposals. The civil rights advances on offer don't seem to me to be much more than what the GFA already calls for. Why should we make more concessions just to get what we're already supposed to be entitled to?

So for all these reasons, I'll be strongly opposing our signing up to these proposals. And I'll stick my neck out and say that we won't. Depth of feeling on this issue is too strong and these proposals are too far from fulfilling the criteria previously agreed upon. Much, much, much too far.

St Andrews

I haven't had a chance yet to look in detail at the "agreement" reached at St Andrews, so I'll reserve comment on it for the time being.

For now I'll just note that I stand 100% by my previous posts on the PSNI, and on the Assembly.

More later.

On Bertiegate (2)

The PDs are in a right mess, aren't they? Pull out of government, and they won't be back in it for years - if not decades. Stay, as they're ostensibly planning to do, and they'll lose all credibility in their role as "Fianna Fáil watchdog" because it will be patently obvious to everyone that they're only doing it for the sake of their own Cabinet seats. Either way they've been seriously damaged - and given the damage they've done to this country over the past nine years, it couldn't happen to a nicer party.

I have to admit, though, I'd really rather see them go.

The IMC report

I had a read through it today and most of it's the usual load of predictable, unsubstantiated, factually sloppy rubbish. But if the Dublin Government is going to treat its assessments as definitive, it must be consistent in the actions it takes on foot of them. Specifically I'm talking about the continued imprisonment of republicans on the charge of "membership of an illegal organisation".

The 1937 Constitution and the ECHR both guarantee the right to form associations, subject only to "necessary" restrictions in the interests of public safety or national security. The new IMC report can only be interpreted as stating that there is no such basis for outlawing the IRA. The report describes the IRA as

firmly set on a political strategy, eschewing terrorism and other forms of crime


Hence there can be no justification for the continued proscription of the IRA nor for the continued imprisonment of these men. They should be released immediately.

On Bertiegate

(Note: For some reason, irishblogs.ie is linking to this post, which is a year old and not entirely representative of my current view on the subject. Please see my rethink here.)

It's funny what passes for a scandal in this country. I'm no fan of Bertie, and would shed not a tear if he were to walk over all this. But as Fianna Fáil sleaze goes, this episode strikes me as a storm in a teacup. Poor judgement, certainly, but I wouldn't think that was necessarily a resigning matter in and of itself. I also get the sense that this is primarily a media- and FG/Labour-driven controversy; the average punter just doesn't seem to be all that outraged about it.

Of course, that alone says plenty about Fianna Fáil. Can you imagine if, say, Joe Higgins or Trevor Sargent or Gerry A. had taken that money? They'd be ruined politically. But FF? Sure, we're used to much worse than that from them.

Meanwhile a far greater (albeit not entirely unrelated) scandal is going virtually unnoticed: a new Revenue Commissioners report showing that a number of people earning over €1 million per year are not paying one cent in income tax. Now this is truly outrageous - and how much did Six-One news have to say about it? Not one word.
In regards to yesterday's blood transfusion case, I have two questions.

1 - If this woman had been a Catholic, and had refused a medical procedure on the grounds that it violated her religious views, would it have been forced upon her?

2 - If she had been a man, would the Court have decided that his status as "parent" was the overriding factor?

I suspect in both cases the answer would be "no".

The second for me demonstrates the need for a certain amount of caution in the recent trend towards prioritisting "the best interests of the child" in every legal dispute. People do not cease to be individuals with their own needs and rights simply because they have children. It's often women who suffer when we forget that, as Article 41.2 of the 1937 Constitution demonstrates. A balance needs to be struck which respects, to the greatest degree possible, everybody's human rights - and I don't think it has been struck in this case. The patient's decision is not the one I would have made, but it's her body and she should have had the right to make it.

Religious ethos exemption: a licence to discriminate

I'll call her Lily. She's a qualified language support teacher - a skill that is desperately needed in Ireland's schools today, given the large numbers of immigrant children from non-Anglophone countries. Lily loves her work and she's good at it. But she can't get a job. Why not? Well, because she lives in a small village in rural Ireland, where some of the locals just aren't used to people like Lily - dark-skinned and with a foreign (albeit native-English) accent.

The last time that Lily applied for a job, she was turned down without even being interviewed. She later discovered that the successful applicant was far less qualified than she. But he was a native. She filed a FOI request to find out why she wasn't considered. The response made reference to the need to protect the school's "religious ethos". In other words, the school looked at her details, deduced from her ethnic background that she is not a Catholic, and decided not to shortlist her.

And this is perfectly legal, because Section 37 of the Employment Equality Act 1998 allows denominational schools to discriminate against potential employees who are not of the school's religion.

Once again, Lily is a language support teacher. She wouldn't even be teaching religion. How could her mere presence undermine the school's religious ethos? And without having given her an interview, how could they be certain that she wasn't a Catholic in any case?

It seems quite clear to me that in this case the religious ethos exemption was merely an excuse for the school to discriminate against a person of a foreign/minority ethnic background. With increasing numbers of immigrants in the workforce, the likelihood of this being an isolated incident seems slim.

The need for language support teachers in our schools is pressing - far too pressing to allow the exclusion of qualified people on spurious religious grounds. The law needs to be changed urgently. Not only for the sake of Lily and others like her, but for the children, who need teachers who know what they're doing far more than they need people who happen to fit an idealised cultural stereotype.

If you see only one film this year...

... after The Wind That Shakes The Barley, of course, it should be Al Gore's An Inconvenient Truth. I saw it last night and it was astonishing.

That's all for now.

Labour's coalition partners: "Arrest the strikers"

According to Fine Gael Transport Spokesperson on Newstalk 106 just now, the Gardaí should have arrested the taxi drivers who lined O'Connell Street yesterday to draw attention to their grievances.

I was one of those inconvenienced by the taxi protest yesterday, and I certainly agree that it wasn't the best tactic if they wanted to gain the public's sympathy (although I'm not sure that they did) - but, come on. By "inconvenienced" I mean it added about 15-20 minutes onto my travel time. Hardly something worth arresting people over.

But of course, this is the same Fine Gael Transport Spokesperson who, a few years ago, said that the bus drivers taking part in the "no fares day" protest should have the fares deducted from their wages.

Labour people - for God's sake, what are you thinking???
I've had a glance through the newly-published heads of McDowell's Immigration Bill and, unsurprisingly, it's a depressing read. There can be little doubt that the minister has an eye on the general election and, having been so successful at creating foreign bogeymen via the citizenship referendum, subsequent comments about "cock and bull stories", etc., is now trying to show how tough he is on them.

One unfortunate thing that jumped out at me immediately is the requirement that all foreign nationals carry ID cards. What a recipe for racial profiling and harassment that is. Non-whites are obviously going to be the primary targets - and what happens when a bored Garda looking for something to do challenges a naturalised Irish citizen for their ID? Of course, as a citizen, they won't have one, but how will they prove it? Effectively, if they want to avoid the (inevitable) hassle, they will be forced to carry proof of their citizenship! This will constitute discrimination against Irish citizens on the basis of their race or ethnic origin - which is not only inherently obnoxious but probably also illegal, under the Equal Status Acts.

I didn't notice anything in the heads of the bill about family reunification, which is frankly unbelievable. As everyone who works in the immigration sector knows, this is a massive issue. At present, only refugees and non-Irish EU nationals have a statutory right to have their spouses and minor children live here with them - even Irish citizens don't have that right! McDowell has consistently fobbed off Parliamentary Questions on the subject, saying that he would deal with all of this in the upcoming legislation - so where is it?

**

On another note, I was sorry but not altogether surprised to hear the news that Daily Ireland is to cease publication. The truth is that it never lived up to its potential - too parochial, and with frequently baffling editorial decisions. I thought its columnists, its foreign news and its Celtic coverage were good and, of course, it was always refreshing to get through a whole Irish newspaper without the SF bashing that all the others are so fond of. Shame it didn't work out but I have to say that its creators really only have themselves to blame.

No Irish, no blacks, no dogs

Newstalk 106 this morning did a story about immigrant and ethnic minority kids and the troubles some of them are having finding places in their local schools. I got a sort of sick feeling in my stomach as soon as they announced the topic, because I knew that every neanderthal in Dublin would be listening and texting in their views on the matter.

Sure enough. Judging by the comments read out on the air, Dublin is in the company of Jim Crow-era Mississippi and apartheid-era South Africa in terms of its average citizen's enlightenment on racial issues. And listeners were told that those were the milder responses.

One texter said that they spent €7,000 so that their children could attend fee-paying schools with no "minorities". I'm reminded of the expression "a fool and his money are soon parted". What exactly is going to happen to those children when they turn 16 and have to face the real world?

Does anybody seriously think that we can turn the clock back to when Ireland was a monoracial, monoreligious country? (Not that it was ever really either, of course!) Migration and multiculturalism are a fact of life now, all over the world and we cannot possibly be an exception here. People need to learn to deal with this.

I spent my holidays in Africa this year and it really gave me a new perspective on the migration experience. I found it incredibly difficult to be in a place where everyone could tell just by looking at you that you didn't belong, and where you were often the centre of attention just by being there. And this was in a place where my skin colour actually gave me some privileges and where the reaction from people on the street was motivated by curiosity rather than hostility. I really can't imagine how uncomfortable it must be to be on the receiving end of racial attitudes here ... and especially to try to raise children in that sort of environment, to have to try to shield them from the hatred people like the 106 texters were spewing.

When I just wrote that last line, about parents trying to shield their children, my mind flashed back to images from the Holy Cross siege in Ardoyne a few years ago. Most of the 106 texters probably had the same reactions to that as I did - anger, disgust, disbelief. But while they may not be throwing urine-filled condoms at the children - at least, not yet - it is fundamentally the same attitude.

PSNI GAA game – a step too far

Today’s Daily Ireland cover story features Joe Brolly (son of Francie and Anne) explaining why he has no problem with his GAA club playing the PSNI and, furthermore, why Sinn Féin should have no problem with it either.

I won’t attempt to speak for Sinn Féin on the matter, but I personally cannot accept Joe Brolly’s arguments. It’s too much, and too soon. Far too soon.

Of course, my own experience with the northern police has been limited. But it hasn’t been good. A few years ago I was on a bus travelling back from a Celtic game which (rather foolishly in retrospect) made a stop near the Park Centre Roundabout to let a passenger off. A few scumbags in Rangers tops set upon us and hurled a brick through one of our windows, fortunately not hitting anyone until it had bounced off an opposite wall, thus slowing down its trajectory. The brick landed at my feet and I picked it up – had anyone’s head been in its way, they would have been very lucky indeed to escape without serious brain damage.

At that point the bus driver did the sensible thing and drove off as quickly as possible, stopping in Newry to report the incident. Well, to try to report the incident, because as it happened the peelers only wanted to know one thing: Had we been drinking?

Now granted this is only one incident but frankly, when you walk into a police station holding a brick in your hand which has just been thrown through your window, and which very clearly could have caused you very serious injury or death, and the police show not even the slightest bit of concern, it really doesn’t do much for your opinion of them!

And there are plenty of recent events which lead me to suspect that this attitude persists. Take the arrest of Máire Nic an Bháird for speaking Irish, the collusion of the PSNI in the erection of loyalist flags in Lurgan, the Ballymena PSNI chief's disgraceful attempt to portray the Michael McIlveen murder as a tit-for-tat incident - I could go on. On the evidence available to me, the PSNI does not appear to be anywhere near sufficiently reformed for republicans to accept the kind of normalisation of relations that would allow this game to go ahead. It is, of course, the GAA's decision and not ours - but it's a decision I find disappointing.

I also question the wisdom of Daily Ireland highlighting, on its cover, a quote from Joe Brolly in which he used the term "black bastards". Of course most of us reading that would know what he meant, but in a multicultural country I think we need to pay a little more attention to how our words might be misinterpreted by newcomers here. I'm actually a bit surprised that this didn't occur to anyone at Daily Ireland.
I wasn't surprised to read this morning that the CORI report due out tomorrow will show that the gap between rich and poor in this state continues to widen. I see this with my own eyes, walking around the North Inner City.

What I do find absolutely shocking in that report is the statistic that 22.6% of the adult population are functionally illiterate. 22.6%!

Very serious questions have to be asked as to how nearly one out of every four people in this state can go through twelve years of schooling and emerge lacking such a basic skill. There is clearly something very wrong with an education system that allows this to happen. And I have to conclude that primary responsibility for this disaster must rest with those who have primary responsibility for education.

I am not trying to engage in gratuitous Church-bashing. I acknowledge that, in many countries, Catholic schools have superior performance records in comparison with other schools (although that is often due to factors such as self-selection rather than anything inherent to Catholic education itself). But the fact is that the Church has been given a job to do in this state and with an almost one-in-four failure rate, it is clearly not being done. This needs to be recognised.

**

In other news, I see that Republican Sinn Féin invited POW-turned-right wing ethnonationalist Gerry McGeough to speak at their annual hunger strike commemoration. I find this a bit perplexing. I know that many RSF members share McGeough's reactionary views on reproductive freedom (as, sadly, do too many members of my own party), but I am surprised RSF would want to associate themselves with someone now in the news mostly for his ties to fascist sympathiser Justin Barrett and for his slurs on gays and immigrants.

RSF are already viewed by a lot of people, including those who tend to share their analysis of the national question, as fundamentalist political dinosaurs. From the discussions I have had with republicans of the dissident variety, I know that this reputation is impeding RSF's growth and they are not going to shake it by offering a platform to the likes of Gerry McGeough.

On the Morris Tribunal

We've said this before, but with the most recent revelations about Garda misconduct - a word which scarcely seems adequate to convey the utterly appalling actions of some members of the force - it needs to be said again:

Giving a corrupt police force the powers which the Offences Against The State Act gives them is like giving a blowtorch to a pyromaniac.

The Act needs to go. Now.

A perfect example of border idiocy

Have you ever tried to book a ticket online for the bus from Dublin to Belfast? You can't do it. This is because, as a Bus Éireann person explained to me, their system and Ulsterbus's system are not compatible.

You can book a Eurolines ticket online for anywhere in Britain. You can book a Eurolines ticket online for Poland, even. But you cannot book a Bus Éireann/Ulsterbus ticket online for Belfast... or Newry, or Derry. Want to go to Enniskillen? The bus to Donegal Town stops there. But you'll have to book your seat all the way through.

Somebody needs to sort this stupidity out. It's 2006 for heaven's sake.
I've been back from holidays for most of the past week, but I've really been struggling to find things to write about. What's going in Lebanon just seems to overshadow everything happening here. It's horrifying and I think it's going to get worse before it gets better.

There's been enough posted elsewhere about the situation, and I don't feel I have anything particularly new to offer to the discussion, so I'm just going to register my utter revulsion at Israel's brutality and arrogance, and leave it at that. Hezbollah's tactics are wrong, but the Israeli response has been so exorbitantly out of proportion that one can only conclude they're enjoying themselves.

Death toll as of right now:
Israel - 51 deaths, 18 civilians
Lebanon - 523 deaths, mostly civilians

It's a sick joke for the Israelis to describe what they're doing as "self defence". It's gratuitous slaughter, nothing less.
I've been on holiday, in case you hadn't guessed.

Liar

Enda Kenny today: "We support the implementation in full of the Good Friday Agreement."

Except for the release of a few of the prisoners covered by its terms, you mean.

Coalition still confused

For the second week running, Labour have abstained on a bill supported by their intended coalition partners.

Bertie is absolutely right when he says that if he did call an early election the "Rainbow" would have a heart attack. Who do they think they are fooling? They have no joint policy programme; they can't even agree on their own legislation, much less Government policies such as the privatisation of Aer Lingus, the erosion of neutrality, etc.

Furthermore, all indications are that if FG and Labour did manage to cobble together a Government, FG would be by far the senior partner. Have Labour ever indicated what their redline issues would be in such a coalition? Does anybody know, even Labour themselves?

I know I go on about this a lot but I'm genuinely baffled that any Labour supporter would be in favour of this agreement.
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