THE FOUR COURTS – HISTORY
REPEATING
During the Easter Rising
of 1916, some of the most intense battles were fought out at the Four Courts, the
rebels there under the command of Limerick’s Ned Daly, then all of 25 years old
(he was the youngest of those executed after the Rising).
100 years later the Four
Courts is again the scene of an intense battle.
On Thursday last the
Supreme Court began its hearing of the appeal by Joan Collins TD on the
constitutionality of the now infamous €31bn Promissory Note debt.
By any measure and
regardless of outcome, given a) that €31bn was several billion more than the
sum of the entire take in Ireland in 2010 from Income Tax, Corporate Tax and
Capital Tax combined, and given b) that one person – the then Finance Minister
Brian Lenihan – made the decision to gift that enormous amount to a financial
institution without recourse to the Dáil, this is an issue of major
significance for the nation.
If Joan Collins wins her
case, it makes that decision not just illegal, but unconstitutional.
If she loses, it means
that any future Finance Minister can make a similar commitment on behalf of the
people – nay, it would go even further; given that this isn’t about the amount
so much as the principle, it means any future Finance Minister can commit the
people to a debt without limit.
BALLYHEA SAYS NO JOINS
THE BATTLE
To show our support for
Joan, and because she has been such a consistent supporter of our own campaign,
a group of us from Ballyhea Says No and from Charleville Says No went up for
the day to the Supreme Court. It was a day well spent.
Arguing the case on behalf
of Joan is former Attorney General John Rogers SC (Senior Counsel). Four hours
John spent on his feet on Thursday last, four intense hours during which he
laid out his arguments to the seven Supreme Court Judges, four hours of sharp
and very pointed questions, four hours of presenting, defending, arguing, rebutting,
four hours of considering every syllable of every word uttered. One slip, and
it could be game over.
A STUDY IN CONTRADICTION
Watching John in action
and listening to John in action are two entirely different experiences.
He stands to his
considerable height, hands gripping the sides of the lectern on which are
placed the copious case files, gazes at the Judges from under his considerable
brows and as he readies to speak, inside his head you can imagine the whirring
of the cogs of a precise, finely-tuned, super-charged mind accelerating smoothly
and powerfully through the gears, then into overdrive as the implications of each
and every question are considered. High revs but no smoke, no oil burned
because this engine is as finely-tuned as you’ll get. That’s what you see.
Then there’s what you
hear. Or what you don’t hear. Pauses… long pauses… … … … many, many long pauses…
… … … … …
John Rogers SC doesn’t
speak, he allows words their freedom only after every letter has been
strip-searched for potential explosives.
And he’s right.
DIVERSIONS DIVERTED
One by one, through their
questions, the Judges invited John to take a stroll down side-streets, up an adjacent
boreen, across to this lovely parallel avenue but no; John was on one road and
one road only, would not be diverted from that path.
His argument as to why
the Promissory Note deal as signed by Brian Lenihan is considerable but can be
summed up in a sentence: Brian Lenihan assumed a debt of €31bn for the State
without a Dáil vote; this is in breach of Article 11 of the Constitution.
Period.
The fact that the €3.1bn
per year that was scheduled to be borrowed and destroyed from 2011 onwards
under the original schedule, did actually appear in the Budget estimates for
2011? Irrelevant – the commitment to pay the full €31bn was already made, this
was merely the payment schedule, presented to the Dáil only as an FYI (for your
information) line item.
Imagine it as taking out
your mortgage for €200,000, or whatever; that’s the loan agreement finalised,
you don’t then go back to the bank to agree every monthly payment when it comes
due.
An emergency situation,
the country and its banks on the brink? Irrelevant – Mr Lenihan should still
have gone to the Dáil for its approval.
Precedents, other
situations in which a Dáil vote hadn’t been sought or given? Again, irrelevant.
Two wrongs don’t make a right kind of thing, precedent can be wrong as easily
as being right.
I don’t know about the
seven Judges but certainly all of us from the Ballyhea group were firmly
convinced by John Rogers. But it’s a funny old game, this Supreme Court appeal
system.
WE’RE WINNING, BUT…
It’s very much a game of two
halves and our side, in the person of John Rogers, had the ball for all of the
first half.
On Monday, we’re back in
the Four Courts again and this time, apart from the first ten minutes when John
Rogers gets to complete his arguments, Michael McDowell will have the ball.
Yes, THAT Michael McDowell, former Attorney General himself, former Minister
for Justice also, and grandson of Eoin McNeill, Chief-of-Staff of the Irish Volunteers
and one of those who countermanded Pearce’s orders for the Easter Rising, thus
reducing the number of Volunteers engaged.
Ah, history, and wheels
within wheels!
Like John Rogers, Michael
McDowell is a man of considerable intellect and with the ball now in his court
(pun very much intended), all we can do is sit back and again, bear witness.
Fascinating times, critical
times.
Stay tunes, we’ll keep ye
posted.
Regards, Diarmuid O'Flynn.
