SAOIRSE32

22/11/2005

Overturn data sharing law, says EU law officer

RTE

22 November 2005 17:21

An agreement by EU governments to give the US Homeland Security Department details of all passengers flying between the EU and the US has been cast in doubt by one of the EU’s top law officers.

The Advocate General, the top legal advisor of the European Court of Justice, says that last year’s air passenger data agreement must be annulled because it breached EU law.

The challenge to the agreement was taken by the European Parliament.

MEPs believed the EU Commission and the national governments had exceeded their powers in agreeing to give data on EU citizens to a foreign government.

In advice to the court published today, the Advocate General agrees with the MEPs.

He says the commission and the European Council were wrong to use Article 95 of the EU treaty, which deals with the circulation of data within the single market, as the legal basis for a measure intended to fight terrorism and international crime.

The Advocate General recommends that the court annuls the decision, which was taken during the Irish Presidency of the EU.

The Luxembourg-based European Court of Justice accepts the opinion of the Advocate General in about 80% of cases.

Extension for bombings investigation

RTE

22 November 2005 17:06

The Commission of Investigation into the Dublin and Monaghan bombings on May 17, 1974 has been given an extension of time and is now to report by the end of January.

The commission is expected to circulate a brief interim report soon in order to meet the legal requirements for an extension.

It had been due to finish its work this month.

34 people were killed in the bombings, including a pregnant woman.

Report suggests Corrib pipeline could fail

RTE

**As posted by ‘ollie’ on Indymedia Ireland

22 November 2005 20:22

A report published today by the Centre for Public Inquiry into the €900 million Corrib gas project says the controversial gas pipeline carries a real and substantial risk of failure because of its potential to operate at extremely high pressures.

The report, prepared by a leading US consultant, says the pipeline as currently planned is being placed in unacceptably close proximity to dwelling houses along its route in Co Mayo.

However, the report stops short of saying that Shell E&P Ireland should build an offshore terminal.

The Centre for Public Inqury is a non-governmental agency which investigates issues of public and corporate interest and this latest report is highly critical of the Corrib gas project.

US pipeline expert Richard Kuprewicz said the 9km pipeline which will take gas from the offshore field to a planned terminal at Bellanaboy needs to be radically overhauled.

He said it has a uniquely large rupture impact zone with a potential for high fatalities.

Mr Kuprewicz said there are too many unknowns in relation to the future running of the pipeline and he believes that the difficulties of locating the gas terminal offshore have been overstated.

Mr Justice Feargus Flood, who chairs the Centre for Public Inquiry, said the faindings of the report should be taken seriously.

He said the concerns raised are ‘very serious’ and need to be dealt with and solved satisfactorily so that the project can be brought forward safely.

The Shell-to-Sea campaign group has welcomed the report. It said it supports the claims it has been making.

Shell Ireland is believed to be studying the findings.

Putting the new councils jigsaw together

Belfast Telegraph

By Chris Thornton
22 November 2005

Today’s massive transformation of local councils will be followed by months - probably years - of fine tuning and wrangling about how the new super councils will be drawn.

The broad outline for the councils was determined by today’s report, but contentious decisions about where the boundaries lie will be determined later.

A Local Government Boundary Commissioner is expected to be appointed to look at the questions in detail.

The commissioner will have to consider how the 582 wards in Northern Ireland should fit in the new council jigsaw.

Local government boundaries are normally reviewed every 10 to 15 years, but the changes proposed today are the most sweeping for a generation.

Public hearings on the changes are expected, but the commissioner will have to reach a decision before 2009, when the next council elections are due.

The make-up of most of the new councils will be obvious, but when it comes to determining the edges, the commissioner will have to wrestle with a host of considerations, including social connections, geography and population.

But orange and green politics will also enter the equation. Since there are expectations that there will be three rural councils with a nationalist majority and three rural councils with a unionist majority, particular attention will be paid to the shape of the new Greater Belfast council.

Nationalists could see Twinbrook and Poleglass brought into the new council as extensions of West Belfast, while unionists may want to see sections of what is now Castlereagh council brought into Belfast.

There may also be scrutiny of the expected council which would form a crescent to the north, west and south of Belfast.

That particular model would encompass areas presently included in Carrickfergus, Newtownabbey, Antrim and Lisburn councils - sparking arguments about whether there is a natural relationship between areas as distant as Carrick and Lisburn.

Some proposed rural councils will take in even bigger areas, running from Lough Neagh to the border with Donegal.

Publish plea on ‘collusion report’

Belfast Telegraph

By David Gordon
22 November 2005

Police Ombudsman Nuala O’Loan is facing pressure over the publication date of a long-awaited report into alleged collusion between police officers and a vicious UVF gang.

A murder victim’s father will today meet with Mrs O’Loan amid concerns that her investigation findings on his case will remain under wraps for a lengthy period.

North Belfast man Raymond McCord asked the Ombudsman four years ago to probe the police investigation of his son Raymond Jnr’s murder in November 1997.

It is understood the inquiries by Mrs O’Loan’s office have been broadened to include other murders also linked to a UVF gang from the Mount Vernon estate.

It is alleged that police took no action over a UVF boss in the estate because he was Special Branch informer.

An interim Ombudsman report on the probe has been submitted to the Director of Public Prosecutions (DPP).

This has led to speculation that the interim findings raise the question of whether criminal charges should be brought against past or present police officers.

But such prosecutions would not proceed if Parliament backs the Government’s “amnesty” proposals for all Troubles-linked offences.

Mr McCord today said: “I want to see Mrs O’Loan’s report being published as soon as possible.

“The Ombudsman’s investigation is effectively finished but the whole thing could sit with the DPP for years.”

Mr McCord also stated: “I’m against the amnesty plans and I certainly don’t think those who were supposed to be protecting us should be allowed to escape justice.

“Police officers have told me that if they had been allowed to do their job then young Raymond and others would be alive today.”

A leading human rights campaigner today backed Mr McCord on the publication of the Ombudsman’s report.

Jane Winter of British Irish Rights Watch said: “I certainly think it would be in the public interest for the report to be published sooner rather than later.”

Public bodies slashed by Hain

Belfast Telegraph

Councils cut to seven in huge shake-up

By Noel McAdam
22 November 2005

Northern Ireland’s public bodies were officially cut by more than two-thirds today - from 67 to 20 - in the largest shake-up of the way Northern Ireland is governed in three decades.

Organisations serving schools, colleges and hospitals, as well as local councils, all face dramatic change.

But most of the unelected ‘quangos’ have been given a reprieve - until March of next year.

As expected, the present 26 councils will be reduced to just seven - although their precise areas will be left to the Boundary Commission.

The change will, however, reinforce fears of a ‘re-partition’ of Northern Ireland with nationalists controlling councils west of the Bann and unionists east. Belfast is likely to remain under no firm overall control.

The number of councillors will be reduced by more than 200 - and legislation will be introduced to prevent ‘double jobbing’ to ensure that local councillors cannot also be Assembly members

At present 69 of the 108 Assembly members are also sitting councillors which Secretary of State Peter Hain today said in future would be an “an unacceptable conflict of interest”.

Unveiling the details of the long-awaited review of public administration, Mr Hain said the shake-up should produce savings of around £200m a year - which would stay in the province.

Central government is also affected by the shake-up. The present Department of Health will be “significantly reduced” by a new authority replacing the existing four Health and Social Services Boards to which a number of Department functions will be transferred.

And Mr Hain said the plan would have implications for the province’s 11 government departments and he would be tackling these in talks with the political parties.

In a speech in Belfast, he said the reforms represented the greatest single challenge to the public sector here for over 30 years.

“But if you believe, as I do, that Northern Ireland can truly be a world-class contender,” he added, “then the reforms must take place.”

The 18 Health and Personal Social Services Trusts in Northern Ireland will be reduced to five, and seven Local Commissioning Groups will also operate as local offices of the Regional Health Authority.

In education, a single new authority will replace the present five Education and Library Area Boards incorporating curriculum and teacher support functions.

And the council cuts will also impact on present policing structures, with future District Policing Partnerships made to match the new council areas.

With fears the administrative upheaval will lead to hundreds of job losses, the Government will create yet another ‘quango’ - the independent advisory public sector commission to ensure the smooth transfer of staff to new organisations.

“For a place the size of Northern Ireland, 5,400 square miles with a population of 1.7 million people, we are both over-governed and over-administered. Public expenditure per head is nearly one third higher than in the UK overall,” Mr Hain added.

The new ’super’-councils - with 50 members each - are also to be given new powers including planning, roads, local regeneration and economic development. But they will not be given control over libraries.

“I want councils to also have the central role in delivering joined-up services in their area,” Mr Hain said. “That will be achieved through a new system of Community Planning with a statutory duty on councils to develop and co-ordinate the delivery of a plan to address the requirement of their communities.”

Historically there had been a fundamental lack of trust in local government and a belief that councils could not fairly and equitably deliver services “free from political bias”.

Mr Hain said while he would not make a further announcement on the remaining quangos and executive agencies until the end of next March, he signalled it would involve further functions being transferred to councils.

Teenagers ‘killed in row over UVF chief’

BreakingNews.ie

22/11/2005 - 12:37:08

Two teenagers were stabbed to death after falling out with drinking partners in a row over a murdered loyalist paramilitary boss, a court heard today.

Andrew Robb, 19, and David McIlwaine, 18, were bundled into a car, driven off and attacked so ferociously, possibly with boning knives, that they were almost decapitated, the Northern Ireland High Court was told.

One of the men charged with their murders consulted a clergyman and handed himself over to police after watching a television reconstruction.

Another of those suspected of being part of the gang who slashed the young victims and dumped their bodies on a country roadside in Tandragee, Co Armagh, in February 2000 had since committed suicide, it has emerged.

But after Mark Burcombe, 25, became the second man accused of the killings which horrified the public, details of the events leading up to their deaths were disclosed for the first time.

As the stonemason from Ballynahinch Road in Lisburn, Co Antrim, applied for bail, the Crown said he had told police he was present on the night of the murders but denies direct involvement.

Burcombe said he was at the home of Steven Brown, also known as Steven Revels, with the victims and a fifth man, Noel Dillon.

Barrister David Hopley said: “At about 3am on the Saturday, February 19, Andrew Robb is alleged by these men to have made some disparaging remarks about a Richard Jameson, who would be a known UVF commander.”

Weeks earlier, Jameson, one of the Ulster Volunteer Force’s leaders in the mid-Ulster area, was shot dead outside his home in Portadown, Co Armagh, at the height of a terrorist feud with the rival Loyalist Volunteer Force.

After Mr Robb allegedly rubbished the dead man, Mr Hopley told the court: “Steven Brown/Revels shouts ‘F*ck the LVF’.

“This seems to have motivated Burcombe, Dillon and Brown to take Robb and McIlwaine in a car and then murder them.”

All three suspects were believed by police to be members of the UVF, the court was told.

They allegedly took the two victims from the house in a Peugeot car which stopped outside Dillon’s flat, where he collected an undisclosed item, Mr Hopley said.

“Brown and Dillon worked in a meat plant as boners and it may have been some sort of boning knife,” he added.

According to Burcombe, Andrew Robb was taken away by the pair and his body later found.

“He says that Steven Brown then attacked David McIlwaine in his presence,” the barrister told the court.

“He was beaten and kicked and stamped and then Noel Dillon appears and stabs the deceased David McIlwaine.

“He attempted to cut his head off with a slicing motion to the side of the neck.

“This applicant then gets back into Brown’s vehicle and they are about to leave the scene when they hear David McIlwaine make a wheezing sound.

“He sees Brown exit the car and stab him repeatedly.”

Burcombe, whose wife and five-month-old child were both in court, was questioned about the murders later that year but denied any involvement or knowledge of the stabbings, the court was told.

He later left Northern Ireland and moved to England where he lived for a period of time before returning.

“The situation is clearly there’s involvement in this murder which has yet to be finalised,” Mr Hopley claimed.

“He has admitted some involvement but distanced himself from the actual murders.”

With Brown, 25, of Castleplace, Castlecaufield in Co Tyrone, also charged with the killings, the barrister said Dillon had committed suicide some time ago.

Opposing bail, he outlined his fear that Burcombe might again quit Northern Ireland.

“These were cruel and vicious murders and those responsible clearly have a propensity for violence using knives in the way they did,” he added.

“There are ongoing police inquiries into paramilitary links with the UVF and there are concerns in that regard.”

But Terence McDonald, QC for the defence, said that while Burcombe accepted his presence on the night of the murders, he stressed that the only evidence against him had been provided by the accused.

In a reference to the BBC Crimewatch show, which staged a reconstruction earlier this month, the lawyer said: “This accused, after having watched a programme on television, decided through a certain route, namely an approach to a church leader, that he would wish to present himself to the police to acknowledge he had information which was relevant to the murders of Mr Robb and Mr McIlwaine.”

Mr McDonald argued that Burcombe would not have gone to the police if he planned to flee Northern Ireland before any trial.

The lawyer also told the court that his client was prepared to hand over his passport and pointed out that the Crown had not accused him of being an active member of any paramilitary organisation.

Despite his appeal, Mr Justice Girvan refused to grant bail because of the gravity of the charges facing Burcombe.

“He denies involvement in the actual act of killing the individuals who died in horrendous circumstances but he clearly was at the scene of the crime,” the judge said.

“He appears to have travelled in the car with the victims to the place they were taken.

“Following this, he made no attempt to report what was an appalling crime… and appears to have denied any knowledge in any aspect of the murders.”

Mr Justice Girvan added: “The degree of violence at the scene and the fact that this appears to have been part of an internecine war between loyalist paramilitaries… points to a propensity to violence of an extreme nature.

“There is also a risk of him not turning up for trial.”

Man arrested in connection with Omagh bombing

BreakingNews.ie

22/11/2005 - 17:17:50

Detectives investigating the 1998 Omagh bombing today arrested a 34-year-old man.

He was detained in the South Down area in connection with the Real IRA massacre which claimed 29 lives.

One man is currently facing charges in connection with the atrocity, which was the biggest single loss of life during the Troubles.

One man is already in custody charged with the murder of the 29 people, but the trial of Sean Hoey, 36, of Molly Road, Jonesborough, Co Armagh is unlikely to go ahead until well into next year.

Relatives of the dead are to meet British Prime Minister Tony Blair at Downing Street next Tuesday. It will be the first time they have met since the atrocity in August 1998.

They are also having a meeting on Thursday with the Northern Ireland Police Ombudsman Nula O’Loan, whose officers are carrying out an investigation into certain aspects of the police investigation.

Bail refused over double killing

BBC


David McIlwaine and Andrew Robb were killed in February 2000

Two County Armagh teenagers were stabbed and almost decapitated after a row about a murdered paramilitary boss, the High Court was told.

Details of the deaths of Andrew Robb and David McIlwaine were heard at a bail application by Mark Robert Burcombe, Ballynahinch Road, Lisburn.

He admits being present when the two teenagers were attacked but denies any involvement in the killings.

Mr Burcombe’s bail application on Tuesday was refused.

He is the second man to be charged with the murders.

Steven Leslie Brown from Castle Place in Castlecaulfield is already in custody.

Mr Robb, 19, and 18-year-old David McIlwaine, both from Portadown, were stabbed to death just outside Tandragee on 18 February 2000.

The killings were carried out during a loyalist paramilitary feud in the Portadown area.

However, police and both families said neither of the young men had any connection with a paramilitary organisation.

Action over councillor’s remarks

BBC

**So much for freedom of sppech and thought…


Mr Molloy is a councillor on Dungannon District Council

Sinn Fein councillor Francie Molloy has been suspended from the party pending a disciplinary hearing, the BBC has learned.

It is understood the action was taken on Tuesday after Mr Molloy went on BBC radio to speak out against party policy on the Review of Public Administration.

He went against Sinn Fein policy over the reduction of the number of district councils as part of the review.

Sinn Fein said it had no comment to make on the matter.

Sinn Fein favours seven councils, but Mr Molloy, a veteran republican, said 15 would be better.

District councils will be cut from 26 to seven - Belfast and six others.

Mr Molloy is a councillor on Dungannon District Council which is set to be scrapped.

He is also a Sinn Fein assembly member for Mid Ulster.

Blair defends NI fugitives plan

BBC


Mr Blair made the comments to a Commons’ committee

The prime minister has defended plans to allow paramilitary fugitives to return to Northern Ireland without serving a prison sentence.

Tony Blair said the new law, due to get its second reading in the Commons on Wednesday, was needed to move the stalled political process forward.

The proposals cover up to 150 people wanted for crimes committed before the Good Friday Agreement in 1998.

Mr Blair said it was a difficult issue but needed to be addressed.

“I really believe it’s best to get this issue out of the way so we can get on with building an executive and an assembly that are back up and running again,” he said.

“If it hangs over this process much longer, it won’t do any of us any good.”

If the legislation is passed, paramilitary fugitives would have their cases heard by a special tribunal, but, if found guilty, would be freed on licence without having to go to jail.

“The on-the-run thing is very, very difficult,” Mr Blair told the Commons Liaison Committee on Tuesday.

“It’s true the political parties in Northern Ireland are never going to agree with this legislation.

“I think they all actually know this has to be done.

“It doesn’t surprise me that they are going to oppose it very vigorously and say some very harsh things about the government.

“But I also genuinely believe we need to get this out of the way and dealt with so we can get on with the really tough thing, which is building consent for the institutions.”

However, Mr Blair acknowledged that it was an “uncomfortable issue” for many.

” I don’t minimise the anger there will be in some quarters or the anguish if you are the relative of a policeman in Northern Ireland who was killed,” he said.

Archive article: Air force men wanted by IRA, reveal documents

Four Courts Press

SCOTT MILLAR

THE IRA hoped to launch its own air force in the 1930s, in a doomed plan that was closer to Biggles than Cathal Brugha.

According to a new history of the republican army, five men were sent to a flight training school in Chicago in the early 1930s because the IRA believed the revolution required an air force.

The air force plan was contained in a communiqué, sent by Sean Russell, then the IRA’s quartermaster, to the army council. Russell, who visited the trainee pilots in 1932, justified the high cost of the training by their strategic importance. He argued that if the IRA “ever go into active service we need such men”.

The IRA intended to use the planes to attack its British and Free State enemies. The existence of the IRA fliers is revealed in a new book, The IRA 1926-36, by Brian Hanley, a research fellow at the National University of Ireland, Maynooth. The work draws on the previously unpublished papers of Moss Twomey, the IRA’s longest serving chief of staff. Twomey, from Cork, kept copious notes and detailed records of the IRA’s operations. He left the IRA in 1939 because of differences about a planned bombing campaign in Britain.

The papers confirm long-held rumours of unprecedented links between republicans and their unionist enemies in Belfast in the 1930s. The IRA supplied the B-specials - an exclusively Protestant paramilitary wing of the RUC - with bombs to attack railways during a 1933 strike.

Russell, who as quartermaster features prominently in the communiques to Twomey, enthused about the collaboration. He travelled north to oversee IRA activity and wrote in a secret communiqué: “It is the most promising sign of all to find B Specials who are on strike in search of IRA assistance. It is quite clear they realise we are the only group capable of assistance - seemingly the only organisation that has their confidence and sympathies. What a change to find one group of Specials searching the houses of our men while another can be found collaborating with them.”

Russell, a Dubliner who joined the IRA in 1913 and took part in the Easter uprising, took over as chief of staff in 1939 in an internal coup. A hardened militarist, he promoted bombing campaigns in Britain and, according to some accounts, collaborated with Nazis to stage an uprising in Northern Ireland to coincide with a German invasion of Britain.

The papers also suggest that the IRA did business with its own enemy. Another report outlined an offer to the IRA of 10 rifles from an “Orange source”, the purchase only falling through when the necessary funds could not be located.

The papers also catalogue attempts to bridge the religious divide. In 1932, an Address to the Men and Women of the Orange Order, written by Peader O’Donnell, appealed to Protestants to unite with their working class Catholic counterparts.

Reports from Northern IRA units give an indication of what members made of these attempts.

The Derry and Belfast brigades distributed the address, even if attempts to actually post it up in loyalist districts were decided to be too dangerous. The Armagh unit on the other hand “burnt them”. The reaction of Protestants was, however, not quite what was expected with Davy Mathews, then officer commanding the Belfast brigade, reporting: “Recipients of the address regarded them as warning notices.”

The documents lay gathering dust for more than 50 years in the basement of Twomey’s confectionary shop just off Dublin’s O’Connell Street, until they were donated by Twomey’s son to the University College Dublin’s archive.

The papers, mostly hand-written, cover a period of much political turmoil within the republican movement, culminating in the 1934 split and establishment of the left-wing Republican Congress.
Hanley said: “The IRA in this period was different in many ways from the organisation during the war of independence or later in the century. What we have during this period is a group who was drawing its membership more predominately from the urban and rural working class”.

The papers’ contents will necessitate a major re-evaluation of the leading IRA figures of the time. Twomey, often characterised as an apolitical militarist, is now revealed to be supportive of the group’s flirtation with radical politics.

As for Russell, the papers continue to indicate his leaning towards military action, which eventually led to his involvement with the Nazis, but also record energetic attempts to overcome sectarianism.
Hanley said the papers allow for a greater understanding of the IRA during the period and the historical background of republican politics.

“What is indicated is that rather than an unbroken continuity there have been significant differences in the make up and policies of the IRA in its numerous incarnations over the past 80 years,” he said.
“What is so interesting about the movement under Twomey is that the ideological rifts that emerge along militarist versus political and left versus right lines which have continued to be evident within the republican movement to the present day, emerge.”

Sunday Times, 6 October 2002

Pipe bomb explodes outside house

BBC NEWS | UK | Pipe bomb explodes outside house

A pipe bomb has exploded at the front of a house in County Antrim. No-one was injured in the blast.

It happened at about 2115 GMT on Monday in the Dunvale area of the Dunclug estate in Ballymena.

A police spokesman described it as a crude device. Items were removed from the scene for forensic examination.

Police have appealed to anyone who saw two men running away from the Dunvale area towards the Cushendall Road, to contact them.

Shake-up for NI local government

BBC


The old power-sharing government at Stormont set up the review

The biggest shake-up in Northern Ireland’s local government for more than 30 years is due to be announced by Secretary of State Peter Hain.

The Review of Public Administration was set up by Stormont to examine the health, education and council services.

It is thought Mr Hain will announce a reduction in district councils from 26 to seven - Belfast and six others.

He is also expected to confirm plans to cut 27 health and education agencies to one education and five health bodies.

‘Unease’

The BBC’s Northern Ireland correspondent Kevin Connolly told Radio Five Live there was a general sense Northern Ireland had too much government.

“You are talking about a ridiculous amount of government for really a relatively small population,” he said.

“So, there’s a sense that things had to change, but obviously there is an unease as well because Northern Ireland is a place where the private sector of the economy is not really thriving.

“Public sector employment is enormously important and I think there are people looking nervously at the future prospects for public sector employment.”

The Troubles linked to mental health problems

RTE

21 November 2005 23:54

A new survey carried out in the North and the six border counties has found a considerable proportion of the population suffer significant mental health problems which they attribute directly to The Troubles.

3,000 people were surveyed and one of ten reported symptoms that are suggestive of Post Traumatic Stress Disorder.

The survey is the work of researchers from the School of Psychology at Queen’s University in Belfast. They called it The Legacy of the Troubles project.

The mental health problems were twice as common in the North compared to the six counties immediately south of the border.

One in ten reported symptoms that are suggestive of clinical Post Traumatic Stress Disorder.

Orla Muldoon, a senior lecturer in Queen’s, says the survey’s findings indicate the scale of trauma caused by The Troubles. It also shows that the effects of the conflict have not been felt evenly across the population.

The findings of the study will be discussed at a conference in Armagh tomorrow (Tuesday).






















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