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  • Free Public Transport is Public Good Deliverable for Dublin (2019)

    In contrast to other major European cities, Dublin has few rail- or tram- lines. Instead, public transport users mainly rely on an extensive but complicated bus network. This is, however, slow and unreliable, owing to Dublin’s appalling traffic congestion. Moreover, for several key destinations outside the centre, notably Dublin Airport, buses are the only available public transport option.

    Dublin’s traffic congestion suffocates key transport corridors: from Stillorgan to St Stephen’s Green; Blanchardstown to Stoneybatter; Terenure to the Liberties; and Coolock to the Docklands. These arteries are so gummed up that drivers last year spent, on average, two-hundred and fifty hours in traffic – making Dublin the third worst city in the world for time spent sitting in traffic.[i]

    The effect of spending the equivalent of more than ten full days in a car each year, can only have negative health, psychological and social impacts, leading to isolation, stress, anger and weight gain. And how do many drivers compensate for time lost in traffic? By using smart phones to ‘connect’ – illegally of course – with the world outside.

    Regrettably, however, the authorities seem unwilling to contemplate a gradual retreat of the motor car from the centre. In contrast, across Europe, bicycle (and scooter) rental schemes, allowing residents to beat the traffic, have multiplied. Networks of cycle paths are mushrooming: for example Paris’s cycle lane infrastructure will, by 2020 have been expanded by 50% in the space of just five years.[ii] Elsewhere, city councils are lowering speed limits, introducing car bans and car-free days, pedestrianising streets and replacing car with bike parks.

    The ‘slow’ Dublin city centre, in tandem with the legacy of inept and corrupt planning for the suburbs, along with high car insurance and ancillary costs, present Dublin with severe challenges in terms of retaining both Irish and International business.

    Indeed, a 2018 study by the Dublin Chamber of Commerce found 73% of companies were finding traffic was having an increasingly negative impact on their businesses.[iii] In addition, heavy car reliance pollutes, causing both smog detrimental to human health, especially from diesel engines, as well as CO2 emissions generating climate chaos.

    One obvious way of addressing these problems would be to develop more extensive, comfortable and efficient public transport for Dublin; especially as without implementation of a pragmatic, but innovative, public transport infrastructure, any hope of expanding business and employment in the capital should be set aside.

    Dublin’s public transport network can be improved by diminishing distances between stops. Denser public transport can be delivered to the city (and the rest of the country too) swiftly, and without incurring vast additional infrastructure and capital costs. Importantly, adverse environmental and social impacts – such as we are witnessing with the BusConnects ‘mega-project’ – can easily have be avoided by liaising with community groups and other interested parties.

    The important question to address is how Dublin’s public transport network will alleviate traffic congestion. And after half a dozen incomplete Bus Network improvement plans (anyone remember the ‘Quality Bus Corridors Network’ and the ‘Swiftway BRT’ plans?) pompously rolled out over the last fifteen years  – all of them expensive and requiring costly compulsory purchase orders – it is high time to think outside the box.

    A Public Good

    The problem is that all previous bus network improvement plans – with BusConnects only the latest – accept the accommodation of other types of road users as axiomatic, including, of course, motorists. This, unavoidably, demands road-widening: usually requiring land acquisitions to establish minimal widths of twenty metres, i.e. a two-metre-wide footpath, a two-metre-wide cycle track, a three-metre-wide bus lane and a three-metre-wide traffic lane, on both sides of the road.

    If brought to fruition, twenty-metre-wide BusConnects corridors will, unavoidably, split neighbourhoods apart. Pedestrians will be channelled into designated ‘safe’ crossing points with communities separated by concrete corridors – what transport planners refer to as ‘pipelines’.

    But what if there were less cars on the streets? Would this really reduce the need for additional space and infrastructure, and diminish impacts?

    This brings us to the idea of recognising the use of public transport as a Public Good which should become free for passengers, thereby encouraging people out of their cars. Yes free – why not?

    Access to public transport might become viewed as a fundamental human right, akin to the provision of healthcare and education. Indeed, in more than a hundred cities in the world it is possible to ride on a tram, metro or bus for free – and without having to evade an inspector!

    From the buses of Porto Real in Portugal, to the Miami Metro in Florida, and from Noyon in France and Chengdu in China, free public transport is a successful urban mobility option for mitigating both the environmental and sociological impacts of transport. The latest place to embrace the concept is Luxembourg  – it will soon be the first country with all public transport free.[iv]

    There are a number of powerful arguments for making public transport free – or at least below the cost of operation and maintenance – provided either by government directly or through the private sector.

    For starters, private cars impose numerous costs on society that drivers do not pay for. Every time we start our diesel, petrol, hybrid engines – or even electric, as long as fossil fuels power stations – we generate air pollution, and clog up roads for other users. These costs are measurable in environmental damage, health care costs, and wasted time, which non-motorists pay for indirectly, through taxation.

    Economists and planners have long advocated that motorists should pay these costs directly, allowing people to make rational choices. Well-designed congestion pricing schemes, such as those found in Singapore, London, Stockholm and Milan, ensure that private vehicle drivers pay more if they choose a congested road – just as Dublin’s Port Tunnel has different rates depending on the time of day.

    A variation on a congestion pricing scheme for Dublin would be an additional levy on fossil fuels, which could be dedicated to relieving air pollution thereby raising respiratory health.

    In the absence of a congestion pricing plan for Dublin, however, and powerful opposition to it, subsidising public transport, which gets people to drive less than they might otherwise, is an feasible alternative – albeit, the combination of both measures would be optimal.

    Everyone benefits when people can travel around more safely and freely

    Making public transport freely available for all should create greater labour flexibility, with companies potentially choosing from a larger pool of employees, as well as accessing more suppliers who might not be deterred by high transport costs. Moreover, people would be more inclined to take more impromptu, and safer, outings for shopping, leisure or social purposes. It might save many rural pubs.

    Naturally, removing the financial cost of public transport to users would not make it ‘free’, as someone would have to foot the bill. It can be demonstrated, however, that using taxation revenue to pay for public transport would make everyone wealthier, in the wider sense of the word.

    Permitting ‘car sprawl’, i.e. unrestricted growth in car sales and road infrastructure with scant regard for urban planning, makes no economic sense, as profits generated by millions of generally single-occupant vehicles come with significant costs. The waste of resources, and other social costs are ‘conveyed’ from the calculation of these profits, and passed on to the taxpayer, future generations, and sometimes other countries.

    Implementation Challenges

    The concept of free public transport poses several implementation challenges. Amongst the arguments potentially adduced against it are as follows:

    1. It would require more public transport units to accommodate increased demand, which harms the environment, just as cars do.

    Indeed, if everyone used public transport, more, polluting buses would be required. In addition, upgrading our public transport infrastructure is energy-intensive, drawing largely on coal and other fossil fuels. But it would take many cars off the road and reduce the overall impact in the short term, while bus manufacturers could be incentivised to produce cleaner, more comfortable, and ‘smarter’ vehicles.

    1. With our level of public debt we cannot afford to spend money on frivolous projects like this.

    In fact public transport is the opposite of debt: when carefully and strategically planned it brings tangible rewards, and more importantly reduces carbon emissions; especially important with the Irish state facing hundreds of millions in fines for failure to reduce emissions that are the third highest in the EU.[v]

    1. Car sales would drop significantly.

    Indeed they would if public transport was free for everyone to get to work. Families would no longer feel the need for two or more cars. This would likely hurt the (non-indigenous) car industry, but manufacturing resources could be redeployed into making buses, or even bicycles.

    1. Some of our public transport is terrible – this would just increase the pressure.

    Regrettably, much of Dublin’s transport network is currently over-crowded and unreliable, and this is precisely why government investment is required to accommodate demand and increase capacity.

    1. Public transport service providers cannot be expected to provide a reliable service without a financial incentive.

    This argument rests on the assumption that when we pay nothing, and heaps of people are using the service, we cannot expect top-notch customer service. The ultimate client, however, in this case is the state and a simple clause in each public transport services contract could require all services to achieve a minimum standard of quality, based on the users expectations.

    1. Many people dislike public transport and would never use it.

    There are of course people who will stick to their cars whenever possible, but they would at least start bearing the real cost of using them.

    Combating Climate Chaos

    Introducing free public transport would reduce the number of cars on the road. A moderately loaded bus can carry approximately eighty passengers during a typical commuting hour. Compared to the typical car occupancy of a maximum average of two passengers at peak hour, it is a straightforward calculation that a single bus would remove up to forty cars from the road.

    A strategically designed and free bus-based city public transport system with, say, a fleet of five hundred buses could thus potentially take twenty-thousand cars off the road; almost half the number of cars currently dominating Dublin city’s centre.

    In all likelihood many of us would choose not to own a private car – perhaps renting where the need arose – thereby reducing the volume on the road. Repeated across dozens of cities in a country and thousands worldwide, free public transport could be a game changer in terms of transport emissions.

    Any government’s job is to provide services for the people. Free public transport is an example of a great service available to all. Taxation is already devoted to healthcare, education and road maintenance, so why not make provision for a service conferring such wide-ranging benefits? Moreover, it should go without saying that any government should  be taking care of the environment we pass on to our children.

    By making free public transport an aspect of the social contract, the government would be compelled to bring about improvements as required. With more users – especially vocal ones – deficiencies would be exposed. Reducing the number of cars on the road would also yield space for footpath and cycle track improvements.

    If public transport were offered for free more people would surely avail of it. Indeed, more of us would already be using public transport if it did not cost so much; ridiculously, driving into town is often ‘cheaper’ once you own a car and paid insurance.

    Enhanced Wellbeing

    A study conducted by the city of Copenhagen linked regular public transport use to a lower mortality rate, a happier disposition, and greater labour productivity. Public transport users take up to three times the amount of exercise per day compared to drivers, simply from walking between stops and their destinations.[vi]

    Public transport also brings financial benefits to communities: not only directly by providing jobs in the industry itself, but also by creating a key component to a healthy business ecosystem, and by increasing mobility options for both commuters and customers.

    It can assist in shaping a more active society, where people accept and respect each other, interact more, learning how to live together – the core elements of a healthy polity – all for free!

    Such an idea may seem revolutionary for a car-dominated city such as Dublin, but actually it’s more like a reversion to how it operated in the past. The city existed for at least a millennium before the motor car arrived on the scene. Its city centre was built around pedestrian traffic, which had to be forcefully adjusted as car ownership expanded. Cars never made sense in Dublin, but they found a way in and have become part of the urban tissue. Now that must change.

    Will we ever have free public transport in Ireland? Not anytime soon I fear. It would take considerable campaigning for this to occur. But we must do something to alleviate the insane traffic congestion in our city, and awaken to the responsibility of addressing the climate chaos afflicting the planet.

    [i] Fergal O’Brien, Dublin third worst city for time spent sitting in traffic – survey, RTÉ, February `13th, 2019, https://www.rte.ie/news/dublin/2019/0213/1029375-dublin-traffic-survey/.

    [ii] Sarah Barth, ‘Paris’s 5 year cycling revolution: Twice the cycle lanes and three times the cyclists by 2020’, road.cc – peddled-powered, April 4th, 2015, https://road.cc/content/news/147613-pariss-5-year-cycling-revolution-twice-cycle-lanes-and-three-times-cyclists-2020.

    [iii] Untitled, ‘Traffic congestion hitting Dublin companies – Dublin Chamber’, RTÉ, 15th of March, 2018, https://www.rte.ie/news/business/2018/0316/948010-dublin-chamber-traffic/.

    [iv] Daniel Boffey, ‘Luxembourg to become first country to make all public transport free’, The Guardian, December 5th, 2018, https://www.theguardian.com/world/2018/dec/05/luxembourg-to-become-first-country-to-make-all-public-transport-free.

    [v] Kevin O’Sullivan, ‘Ireland has third highest emissions of greenhouse gas in EU’, Irish Times, 26th of August, 2019, https://www.irishtimes.com/news/environment/ireland-has-third-highest-emissions-of-greenhouse-gas-in-eu-1.3998041.

    [vi] Sarah Boseley, ‘How do you build a healthy city? Copenhagen reveals its secrets’ February 11th, 2018, https://www.theguardian.com/environment/2018/feb/11/how-build-healthy-city-copenhagen-reveals-its-secrets-happiness

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  • Irish Prison Service Whistleblower: The Strange Story of Sean O’Brien

    To meet ex-prison officer Sean O’Brien for the first time I drove through a sparse landscape of family homes, outside the town of Clara in County Offaly. Miles of narrow roads ran through cold and wet pasture, bog, and occasional patches of woodland, typical of the Midlands.

    We had been in touch over the phone,after the publication of my interview with barrister David Langwallner, entitled ‘Does Ireland still have a Problem with Whistleblowing?’ from June 2021.

    On June 14, 1988, Sean O’Brien disclosed to the Department of Justice various wrongdoings he claims to have witnessed over his years of service in Portlaoise Prison. During his time as a prison officer, between 1981 and 1989, the Northern Troubles were raging, and what went on in the prisons was generally hidden from public view.

    Behind locked doors, staff and prisoners alike endured a parallel conflict, requiring physical and psychological resilience.

    As is already in the public domain, there was a “Heavy Gang” among members of An Garda Síochána operating at that time. There was also a group of prison officers who went by the same name operating in Portlaoise Prison, and which enjoyed the tacit support of prison management. They were notorious for ‘unconventional’ methods, embedded in the prison system.

    Unsafe and alienating working conditions, widespread bullying from top prison officials, as well as being pressurised, Sean claims, to produce a falsified report about a shooting incident in which he was involved, all left their marks on his mental health. Like many others that served as prison officers, he still suffers from those experiences.

    Portlaoise Prison.

    The Prison

    The Portlaoise high security prison complex is one of the oldest penitentiaries in the State. Built in the 1830s, it is still fully operational. Regarded as one of the toughest prisons in the world, it contains the notorious E-Block: a wing dedicated to dissident Republicans, predominantly ex-members of the Provisional IRA (PIRA) and the INLA.

    Parallel to the prison’s official organization, during the Troubles prison officers had to understand and operate alongside the Republican’s own strict command structure. In the case of the E-Block, the prisoners’ relations with staff were filtered exclusively through the highest-ranking members of the PIRA. In 1988 that was Martin Ferris, who went on to become a T.D. for Kerry North between 2002-2020.

    The history of Portlaoise Prison is chequered with multiple escape attempt, riots and blanket hunger strike campaigns. Allegations of prisoner mistreatment by a Heavy Gang first appeared at the Prison Officers Association convention of 1984.

    On that occasion a delegate from Portlaoise Prison, Larry O’Neill told the Prison Officers’ conference in 1982: “If Hitler wanted generals today, he would find plenty of them in Portlaoise. After the war the Nazis said many of them were doing their duty and that is what the management in Portlaoise are saying today”.

    Away from the public eye, the working conditions of prison staff, especially South of the Border, have rarely been covered. An official inquiry was carried out in the wake of the Good Friday Agreement, but for reasons that remain unclear, Sean O’Brien’s testimony was excluded after he had initially been invited to testify. The resulting report falls short of exploring the extent of the human rights abuses that seem to have occurred behind the prison’s walls.

    Irish Press, May 25, 1988.

    PO Sean O’Brien

    From a working-class family, Sean O’Brien began his career as a prison officer on February 16, 1980, aged twenty. The ‘job’ consisted of dealing with the most problematic, and in some cases dangerous, individuals in Irish society. Due to staff shortages, this work was mostly given to young and inexperienced men in their late teens or early twenties.

    The training was basic, lasting just a few weeks, and involved a few meetings, active service in different prisons, physical exercise, and simple inductions on the regulations of the institution. None of this offered much value to someone beginning their work in the State’s prisons.

    Sean clearly recalls spending his twenty-first birthday on duty with colleagues; as well as when he had to wear riot gear for the first time during a protest, despite having received no training for what to do in that event.

    He also recalls working through the so-called ‘dirty protests’, when officers were forced to use power washers to clean inches of prisoners’ faeces off the walls; and when he was involved in, and witnessed, prisoners receiving unwarranted strip searches, punishment beatings and enduring conditions which he describes as contrary to the Geneva Convention.

    After one such strip searches, he recalls the Governor at the time, Bill Reilly – a man with a reputation for being particularly hard on Republicans – telling him and the late Chief Officer Brian Stack, who was working with him at the time, to “bait them again,” after Stack told him they had completed the searches. Sean recalls being reluctant to obey the order as his arm was exhausted from already meting out such beatings.

    As a result of such distressing episodes, Sean claims that many prison staff turned to heavy drinking to cope with the stress that the ‘job’ entailed.

    We cannot ascertain the extent of the human rights abuses in Irish prisons at the time as a veil of secrecy, or outright omertà, still hasn’t been lifted. In all likelihood, many episodes have never been made public, as it would involve the State accepting liability for its shortcomings.

    What prison officers endured as a consequence of this environment ought to become public knowledge to ensure it does not re-occur, and so that the necessary redress process is put in place to assist victims of the State’s past failings.

    Flash

    In 1988, Sean O’Brien was living in a housing complex built by Portlaoise prison for officers and other employees a few yards away from the main gate.

    Every morning on May 18, after the customary substantial bowl of porridge and large mug of coffee, the shift began as usual with a security search between the first two gates. This was followed by a meeting at the ‘Parade’, the canteen room, where all the officers on duty lined up to be assigned their positions and tasks for the day by the Duty Chief Officer.

    That morning a crowd of protesters and foreign media had gathered at the main street entrance in front of the prison on the Dublin Road. Patrick McVeigh, a member of the PIRA – known as Flash – was scheduled to be released that day. However, he was expected to be re-arrested by the Gardaí as soon as he stepped outside the main gate, before being extradited to Northern Ireland.

    Tensions were running high in the prison at the time, and the issue had garnered considerable public attention. McVeigh was a political prisoner, and extradition laws did not cover prisoners with such status. Nonetheless, the extradition machine was in motion, as well as another machine attempting to find a way to save McVeigh from the extradition.

    As Flash left the building, a crowd of his sympathisers greeted him at the gate, along with media reporters and a Garda van, with doors open ready to receive the newly freed prisoner. Why there was no other way to handle the exchange remains unclear.

    Sean had elbowed his way in through the unfriendly crowd a few minutes before McVeigh was escorted to the Gardaí waiting for him outside the gate. From there he would be conveyed to Court to finalize the extradition.

    At this point McVeigh somehow evaded his escort and began running along the inner perimeter of the outer wall in the hope of jumping out on to the Dublin Road.

    Contrary to the Governor’s orders, his Deputy Mick Horan physically pushed Sean and illegaly ordered him into a shoot-to-kill area of the prison operated by the Army, shouting, “after him”. Sean obliged along with prison officer Frank Muldowney.

    McVeigh had earned the nickname Flash from his speed of foot. He ran along the inner perimeter of the outer wall, reaching the place where, from the outside, accomplices were hanging off the wall to lift him out, where a motorbike awaited.

    It was then that Irish Army personnel, stationed on the roof of the prison at all times, shot a sequence of five shots, which can be clearly heard from RTÉ footage of the scene.

    Sean felt the reverberations through his body from the flying bullets which, he says, only narrowly missed him. On the ground a few metres away, shots landed in a puff of smoke. Adrenaline overcame fear, and he managed to stop McVeigh before he could leap out on top of the wall.

    With the help of Muldowney, Sean brought him into the custody of two Gardaí, and he then made his way into the main prison building to resume his shift.

    Apart from O’Brien’s testimony, as of November 2022, we came into possession of two additional eye witness accounts of the events.

    One is from Martin Ferris himself. In a letter he writes:

    From where I was watching in recreational room E3, a number of bullets hit the space between Officer O’Brien and McVeigh. Pat McVeigh attempted to climb the farm wall onto Dublin Road with the help of some supporters from outside and certainly, would have succeeded only for Officer O’Brien grabbing his legs and preventing his escape.

    The second source says he witnessed bullets hitting the ground and bits of tarmac flying up around Sean, and that the distance from Paddy McVeigh was seven feet. However, he wishes to remain anonymous, unless an official inquiry is carried out into why this version of events has been consistently denied by the Department of Justice, the Prison Service, and the Department of Defence.

    Cork Examiner, May 25,1988.

    Half Sheet and the Governor

    Not long after Sean had caught his breath, he received an order from the radio room of E-Block to report to Governor Ned Harkin’s office. As Sean was on his way there he recalls being praised and cheered by some colleagues.

    He had just prevented an escape. That would surely lead to a commendation. Instead what welcomed him as he walked into the Governor’s office was a freshly typed false version of that morning’s events, which Sean was ordered to make a copy of in his own hand-writing, right then and there.

    That version of events – insofar as Sean recalls – would have protected Deputy Governor Mick Horan, the officer in charge that morning of the release (and re-arrest) of McVeigh, and would attribute most of the blame to another prison officer Paddy Dunne, who was by then already being suspended, as a suspected accomplice to the escape.

    Sean refused to comply then, and on dozens of occasions during subsequent days.

    According to O’Brien’s protected disclosure:

    The purpose of the Prison authorities ordering me to collaborate with their account as to ACO Dunne was to have him dismissed as not to shine a light on Deputy Horan who would have whole responsibility for Prisoner McVeigh escort on that day. Deputy Horan did not chase after the escaping prisoner. This is what Governor Harkins was covering up.

    In response to Sean’s refusal to provide a false testimony, threats of dismissal such as “leave your uniform at the gate on the way out” from the Governor Ned Harkin became more and more frequent.

    From then on he was not allowed to work on the landings where the prisoners were held. This meant that he was left doing nothing during shifts; waiting in a backroom for the end of the day to arrive. Day after day.

    In that situation the first indications of deteriorating mental health became evident. This included frequent nightmares and strong paranoia, which started to make his days unbearable.

    Sean knew that he wasn’t meant to catch McVeigh, and besides it would be normal to expect animosity towards him from some Republican prisoners. On top of being bullied for carrying out his job, he sensed a target on his back.

    As Martin Ferris, in the aforementioned account, dated 12 November 2022, writes:

    Tensions were high within the prison in the aftermath of this incident, and I, as the spokesperson for the republican prisoners, suggested to prison Governor Harkins that Officer O’Brien should not return to the prison landings until things calmed down. I personally never saw prison officer Sean O’Brien within the confines of Portlaoise Prison from that day forward.

    It was at that stage that he asked the Prison Officer’s Association Representative Noel Touhy for assistance. He was told that it was not possible for the prison to dismiss him in that fashion. The Association was already pressurising the Department of Justice to reinstate Paddy Dunne, and trying to bring to light the dynamics at play in the attempted escape.

    The Department of Defence consistently denied that the shooting could have endangered an officer on duty, as reported by the Cork Examiner on May 25, 1988.

    Cork Examiner, May 25, 1988.

    As recently as July 2022, Brian Stanley T.D. and Chair of the Public Accounts Committee asked the Minister for Justice “if there are any files being withheld for national security reasons that relate to the attempted escape of a prisoner on May 18 1988 at Portlaoise prison.”

    The Minister responsed: “I am advised that the record in question was previously considered as not suitable for release by the Irish Prison Service.” (05/07/2022, Question number: 539, Question Ref: 36042/22)

    The Office

    On June 14, 1988, Sean O’Brien attended a meeting with Noel O’Beara in the Department of Justice in Dublin in order to: ‘[…] make them aware that the “Prison Administration” in Portlaoise Prison were ordering me to make a false report surrounding Assistance Chief Officer (ACO) Paddy Dunne’s involvement in the escape, to have him dismissed.’

    Prior to the meeting, Sean O’Brien says O’Beara shook his hand and congratulated him, stating words to the effect of “you are going to get a medal, what type we don’t know, as one does not exist yet. The equivalent for the Gards is a Scott medal. You are the first prison officer to capture an escaping PIRA prisoner.”

    But by this stage O’Brien was feeling his options were running out. The office to which he had been invited felt wrong from the moment he entered. He found no sign of personal effects – a family portrait, postcards, a sporting trophy or anything of that sort – such as one would expect in a regular office.

    Despite a suspicion of being recorded without his consent, Sean gave as many details as possible, as well as disclosing the many wrongdoings he had witnessed during his years of service.

    Essentially, he blew the whistle on what his superiors wanted him to do, and the wrongdoing within the prison system, while O’Beara listened and took notes. The meeting ended with a promise the matters would be investigated.

    Sick Record

    After this meeting, Sean O’Brian patiently waited for a change in his circumstances. Then he went on sick leave on September 12, 1988, for a stress-related illness. At that point his previous poor attendance record, in part due to a certified injury he had received while on duty, suddenly became an urgent matter within the Department of Justice and Prison Service.

    Sean had already been referred by the Prisoner Governor and the Department of Justice to a psychiatrist (who also wishes to preserve his anonymity). He visited for the first time on September 8, 1988. This resulted in the first suggestion of a diagnosis of post-traumatic-stress-disorder (PTSD), following the shooting incident.

    Nonetheless, behind the scenes, in a correspondence between the prison welfare office and the Department of Justice, his dismissal was being considered; while the full diagnosis of PTSD, resulting from a consultancy sought by the Prison Management itself, was completely ignored.

    Correspondence which we have obtained includes a letter dated February 13, 1987, one year prior to the shooting, where the prison management tell Sean O’Brien that although the Minister had considered his dismissal, he also ‘noted the improvement in your sick leave record.’ It also states that his ‘late attendance has been unacceptably high since September 1986,’ and that his case will continue to be closely monitored.

    Any management is likely to deal with a poor attendance record, but Sean O’Brien’s prior record seems to have been used to inform a response to his attendance after the shooting incident. It blatantly ignores the diagnosis of PTSD, or any other duty of care mandate that the prison service welfare office would have, or ought to have, had at the time.

    A letter, dated March 29, 1989 directly from the Department of Justice, outlines the reasons why it cannot any longer accept the standard of the previous evaluation of a ‘marked improvement on an already atrocious pattern of sick absence.’

    It continues by saying: ‘The result, if such a standard became the norm, would be to push the cost of absenteeism in the Prison Service from its present £3m. (approx) per annum closer to £4m.’

    Thus, despite referring to sick absence, there is no sign of any attention to his medical condition to be found in this letter, which reads like a preparation for a dismissal.

    In a subseqent letter, dated April 14, 1989, O’Brien’s dismissal was actively being sought. The prison’s Personnel Section writes to the Chief Medical Officer that:

    It would be helpful if a definite medical opinion could be obtained as regards to the absences relating to the officer’s metacarpal injury as the orthopaedic surgeon does not appear to have totally ruled out the possibility that this injury could be a recurring one.

    This injury occurred in 1983 and since then he had required recurring treatment and suffered constant pain. Thus, some of the absences being used to prove his poor record seem to have been a direct consequence of this injury.

    The letter ends with a pointed request:

    Perhaps you would confirm that Officer O’Brien does not have an on-going health problem. It would be appreciated if you would also say if you agreed that absenteeism is the problem in this case.

    Apart from the recurring physical injury, the year between the shooting incident and his dismissal is constellated with absences, arguably caused by his deteriorating mental health.

    Debilitating insomnia, extreme paranoia, crippling anxiety, flashbacks; all these symptoms have led to a diagnosis of PTSD, but again there’s no sign of a duty of care wherein the psychological damage received while on duty is recognised.

    Instead, on May 23, 1989, at approximately 3pm, a knock arrived on the door of O’Brien’s parental home. It was Senior Prison Officer Mick Horan and Garda Sergeant Kevin Ford. They are looking for Sean and Hugh O’Brien (Sean’s brother, also employed at Portlaoise Prison) to tell them that they were both being dismissed. They are asked not to turn up at work the following day. His parents are instructed “to tell Sean to leave his uniform at the gate”.

    So Sean O’Brien and his brother were dismissed from the Irish Prison Service with a verbal notice delivered to their bewildered parents, without any official document being issued by the Cabinet of the Irish government.

    Following this we discover from the letters obtained from St. Patrick’s Hospital that the prison’s chief medical officer John Geoghegan did not even see Sean O’Brian before his dismissal had been finalized. And we find more indications that his mental health injuries suffered while on duty had been completely ignored by the Prison Service in considering such a dismissal.

    The Void 

    At the beginning of my interaction with Sean O’Brien, I timidly inquired about the long period running from his dismissal in 1989 to 2017, when he was approached by the former President of the Prison Officers’ Association P. J. McEvoy, who instructed a solicitor to pursue his requests for a Duty of Care under the 1956 Regulations, and recognition for his actions on duty, at a point when Sean’s mental health inhibited him from pursuing the case.

    During that period, Sean O’Brien claims he was not in the right mental state to follow up on his case. It seems he let it slide. What he had endured by then in terms of psychological distress he is reluctant to recollect, apart from to liken it to hell.

    After his dismissal, an alter ego emerged in his personality. All we know is that this alter ego opened a security firm with his brother and that at some point in 2007, he landed a helicopter onto the roof of a shopping centre, in his own words, to “collect a set of keys”.

    The Missing File

    The proceedings against the DOJ that began in 1991 were interrupted in 2008 when O’Brien’s solicitor, David O’Shey was placed under arrest.

    Then, O’Shey’s documents, including those in relation to the case of Sean O Brien vs The Department Of Justice no.14045P, came before the Law Society.

    Since then the file has disappeared without a trace.

    It was only in 2017 that he was able to instruct another lawyer to pursue the case. By the time he served a notice of an intention to proceed, in 2019, twenty-six year had elapsed.

    Thus far, efforts made by his new solicitor, Kevin Winters to find the file have been unsuccessful.

    In the Court of Appeal Judgement, delivered on 27/01/2022 we read that ‘witnesses for the defence (Minister for Justice) cannot reasonably be expected to give evidence that could be regarded as reliable after such an interval.’

    The Minister of Justice again denied many of the claims made by Mr O’Brien, including that he recaptured a prisoner who escaped and that he suffered PTSD after nearly being hit by bullets shot by the Irish Defence Forces, which also continues to deny responsibility.

    Over the last few years, the case has gained a certain amount of media coverage, mainly concerning the dismissal and sick days. However, very little attention has been paid to Sean O’Brien submitting a protected disclosure to the same Minister of Justice two months after the shooting incident denouncing grave misconduct.

    Nor has anyone considered that although O’Brien’s attendance record was certainly not exemplary – 682 days absent between 1980 and 1989 – some of these were due to an injury on duty which occurred in 1983: a fractured hand, and subsequently from 1988, symptoms of a psychological nature.

    It would undoubtedly be difficult for any court of law to establish precisely what happened well over thirty years ago in such a complex and volatile environment, but this story seems to contain another lesson.

    For many whistleblowers who feel that they have been wronged one of the most difficult challenges is simply to let go. To move on. The obsessiveness associated with their behaviour is often due to a lack of closure.

    That Sean O’Brien is still pursuing a judgment in his favour thirty years on from his dismissal reflects this condition.

    Only after an attempt is made by a State agency to delve into the historical context of these events can a sense of closure be achieved. A proximate attempt to do so by the Prison Service is what can be found in the Final Report of the Portlaoise Prison Staff Welfare Programme.

    This a project carried out by the Prison Service, which recorded the testimonies of almost two hundred Prison Officers who served between 1973 and 1989.

    Here we read that:

    Portlaoise gave rise to practices that could only have existed in that particular context and the challenges it presented

    In that time Knowledge and awareness of the lasting impact of occupational stress, of role ambiguity and role overload and of requirements for healthy, sustainable work practices have been transformed. Such knowledge and awareness were not widely available at the time. It is important to avoid judging the past solely in terms of present-day knowledge.

    Thus, from this official source we learn that the working conditions were, indeed, unsuitable and outright damaging to officers.

    It is reasonable to say we should not cast moral judgement on past practices during war time, but it still only seems fair that there should be compensation available for breaches of a duty of care that applied at that time.

    Some respite from the silence that still engulfs this traumatized country should be available. Such is the long tail of war. You still see it slithering through the streets, long after the last shots have been fired.

    Regarding the shooting incident, it is instructive to examine the Irish Army’s Rules of Engagement from this period (below). This differentiates between warning and containment shots. The first, as one would expect, are ordinarily fired into the air, posing no danger to anyone’s life, while the second ‘will be fired near to the person concerned,’ but ‘NOT’ ‘into locations where innocent persons would be endangered.’

    Based on Sean O’Brien’s account, corroborated by other witnesses, it would appear that these Rules of Engagement were breached, including a prohibition against firing at a target that is running away.

    The Irish Army’s Rules of Engagment/ Use of Force in effect in 1988.

    Conclusion: Whistelblowing in Ireland

    The title image for this article, was taken towards the end of our first in-person encounter. The names of the dogs are Squirt at the front, Maxine on his right arm and Freddy – who was the most protective of Sean as I recall – Beauty hiding in the background and Mighty Man, named in honour of Noel Tracy TD. Treacy has always been very supportive of Sean. Apparently he always started and ended a sentence with “Mighty Man” when talking to anyone.

    Having the company of dogs has been an important coping mechanism for O’Brien, while he deals with the effects of PTSD to this day.

    We can say that the context of the Troubles legitimately required a certain level of secrecy. There’s obviously more then meets the eye to the events that ultimately led to the non-extradition of McVeigh, which Margaret Thatcher herself was very keen to achieve.

    The Department of Defence, to this day, refuses to release the records in relation to the shooting incident, requested through a Freedom of Information Request in 2016, saying:

    The release of this information may potentially compromise the security of the Defence Forces in preparation for peace and security operations at home and overseas.

    Meanwhile, the first legal file in relation to O’Brien’s case has disappeared without a trace.

    Whistleblowers suffer repercussions all over the globe, but Ireland’s reputation for mistreatment of whistle-blowers has worsened inexorably.

    In 2021 Ireland’s Protected Disclosure Act undertook reforms to comply with a European Directive. Even then, according to some stakeholders, the new legislation still falls short of providing adequate protection from the inevitable repercussions of such a radical act.

    Beyond the legal frameworks, better outlined in David Langwallner’s article “Whistleblew in the face”, which appeared in Village Magazine in November, 2021, the corrosive effects on a whistleblower’s mental health is often overlooked.

    All too often, when an instance of whistleblowing reaches the mainstream media, these negative mental health consequences are used implicitly to discredit the disclosures. One of the first questions the media tends to pose to whistleblowers is “Why did you do it?”; followed by: “Would you do it again, knowing the consequences you would face?”

    Both questions, somewhat deviously, shift the focus away from any wrongdoings that have been exposed to the action of whistleblowing itself; subjecting the whistleblower to moral scrutiny. Those kind of questions seem designed to suggest a hidden motive for why an individual has become a whistleblower.

    Being subjected to such questions – including from oneself – might lead most of us to assume a defensive posture. Over time one may construct an elaborate justification for one’s action, as if the disclosure was itself a crime, and not, only, a testimony to a crime.

    With thanks to Ben Pantrey for editorial assistance.

  • Sport in the Neoliberal Zeitgeist

    Despite all the controversies in the run-up, and as with the last World Cup in Russia, most people are now looking beyond the politics, and enjoying the feast of football.

    For many of those attending sporting fixtures, this is akin to performing a religious duty in a secular age. The rest of us generally slouch in front of TV sets and even squint into smartphones to satisfy compulsive appetites. In Ireland we have a particular grá for team sports as participants but mostly viewers, or even as virtual participants, with the advent of video games.

    The rewards for sportsmen, in particular, are staggering, but many are left on the scrap heap at an early age, while others count the cost in later life with psychological and physical trauma.

    In History

    The popularity of sports entertainment stretches far back into European history. The gathering of crowds for sporting occasions was a feature of Classical antiquity, when these spectacles were explicitly connected to religious worship. Held in honour of Zeus, the king of the gods, the Panhellenic Olympics of Ancient Greece ran from 776BC until 393AD, and attracted participants from across the Hellenic world.

    Later, Romans were fanatically devoted to circus, which featured gladiatorial duals to the death. A note of caution was sounded, however, by the poet Juvenela c. AD100, who witheringly identified panem et circus (bread and circus) as the primary concern of the people:

    iam pridem, ex quo suffragia nulli / vendimus, effudit curas; nam qui dabat olim / imperium, fasces, legiones, omnia, nunc se / continet atque duas tantum res anxius optat, / panem et circenses.

    [… Already long ago, from when we sold our vote to no man, the People have abdicated our duties; for the People who once upon a time handed out military command, high civil office, legions — everything, now restrains itself and anxiously hopes for just two things: bread and circuses.]

    Sport remained an important feature of life in medieval Europe, where knights tested their valour and prowess in vainglorious jousts. Hunting was also popular among the aristocracy at the apex of the feudal pyramid. Pursuit of animals, referred to as ‘game’, was generally not motivated by their value as food: consumption conferred status beyond gastronomic pleasure.

    Pre-modern sports bore a close resemblance to warfare, and, the conditioning of a participant overlapped to a large extent with a warrior’s training, as one sees in ancient epic, such as with the funeral games of Patroclus in Homer’s Iliad. Tests of physical prowess, advantageous on the battlefield are evident, as well as skills such as archery and javelin, which are clearly a preparation for warfare itself.

    The Funerals of Patrocle, oil on canvas. Jacques-Louis David, 1778.

    Fight or Flight?

    At a sporting event, an audience could experience the thrill of battle without risking dismemberment, although the qualities esteemed in the heroic athlete may have whetted a thirst for blood.

    This may lead to an assumption that sport fosters a destructive, competitive instinct. George Orwell was of the view that: ‘sport is an unfailing cause of ill-will’. But denial of the amusement seems curmudgeonly. Sport can bring us together rather than tear us apart. Perhaps it depends on the underlying psychology of the crowd.

    The nineteenth century incubated most of the sports that are now prevalent in our culture, including the GAA. It was in Britain, where the Industrial Revolution began in earnest, however, that mass attendance of sporting events by a new working class originates, as stadiums accommodating tens of thousands of people sprang up in a newly urbanised society. Here we find the codification of now global sports such as Association Football, Cricket, Rugby (Union and League), tennis and field hockey all of which now have a global reach. Others, such as golf and motor racing emerging in more rarefied environments.

    Interesting, it is in the anglo-sphere that alternative sports emerged to confront the British invasion; in the United States, basketball, American Football and baseball; in Ireland the GAA developed our distinctive sports; even Australia and Canada developed or adapted their own codes. This demonstrates the importance of sport as a source of identity in the English-speaking world where other cultural markers such as food seem to have been of less importance.

    The popular sports in our time depart from Classical and medieval precedent – notwithstanding the revival of the Olympics in 1896 – in the skills demanded of the participants. Although most contemporary sports still demand serious athleticism, their skills sets would be of no particular use to a soldier, especially one engaged in modern, technological warfare; although the skills of the gamer might prove very useful indeed.

    Nonetheless, modern sports are still animated by martial fervour, accessing, and perhaps controlling, that primal instinct to compete and, for men especially, to discuss the competition. Orwell opines that: ‘At the international level sport is frankly mimic warfare’, but at that time most men, unlike today, had trained to be soldiers.

    Harry Hampton scores one of his two goals in the 1905 FA Cup Final, when Aston Villa defeated Newcastle United.

    Judgment

    The demonic ‘Judge’ Holden in Cormac McCarthy’s no-holds-barred novel Blood Meridan (1985) describes war as ‘the ultimate game because war is at last a forcing of the unity of existence’.

    He argues that:

    Men are born for games. Nothing else. Every child knows that play is nobler than work. He knows too that the worth or merit of a game is not inherent in the game itself but rather in the value of that which is put at hazard. Games of chance require a wager to have meaning at all. Games of sport involve the skill and strength of the opponents and the humiliation of defeat and the pride of victory are in themselves sufficient stake because they inhere in the worth of the principals and define them. But trial of chance or trial of worth all games aspire to the condition of war for here that which is wagered swallows up game, player, all.

    The ‘Judge’ is right insofar as the higher the stakes the more gripping a sporting fixture becomes for an audience that puts aside its daily trials to vent their passions.

    The worth of the participant is defined by their success or failure at crucial moments. But ‘the Judge’ is mistaken to assume that defeat is always a humiliation, as any crowd may honour a team or individual who loses with good grace, and sport is not only about winning; ‘greatness’ is also measured by how a loser conducts himself in defeat. Thus Harry Kane is above criticism despite missing a (second) penalty, while the Argentinian team are roundly condemned for rubbing defeat in their opponents’ faces.

    Instinctive Selves

    It is striking that Swiss psychologist Carl Jung regarded games as being of the utmost importance for the wellbeing of societies. He said that ‘civilisations at their most complete moments … always brought out in man his instinct to play and made it more inventive’. Sport, he proffered, connects us to our ‘instinctive selves’.

    Sporting success can really raise the morale of a nation, such as the Irish after World Cup Italia 1990. The connection to a team or individual should not be dismissed lightly. Even in defeat, fans can summon a spirit of togetherness that is not necessarily oppositional.

    The popularity of sports may be connected to the decline of religious worship, but the religious origins of sport have not faded entirely – fans often pay homage to virtues of self-sacrifice and togetherness associated with spiritual traditions.

    Moreover, with lives increasingly sedentary and indoor, sport returns us to the idea of a challenge that melds innate athleticism and skill. This is both a natural gift, and the product of training.

    The audience also enjoys the mental side of the game, considering how a team or individual will triumph or fail in advance of a contest, and assessing why a particular outcome has occurred in the aftermath. It can be the springboard for discussion between complete strangers, generally leading to camaraderie rather than conflict.

    Sport has also become one of the last redoubts for mythology at a time when this generally operates on the margins, or in childhood fantasies. Commentators are given licence to rhapsodise about the divine characteristics of participants. We bow before sporting gods, satisfying a latent desire for non-rational explanations, and a taste for supernatural interference, deus ex machina: ‘the hand of God.’

    Sports journalism, unencumbered by constraints imposed on ‘serious’ journalists, vents superstitions and often casually averts to curses; ‘legends’ abound in sporting parlance.

    Titanic Battles

    All this serves to enhance the appeal of ‘titanic’ battles, but sadly we are, increasingly, lured by the theatre away from examination of the vexed political questions of our time.

    The assessment of Bill Shankly the former manager of Liverpool FC is worth revisiting: ‘some people say that football is a matter of life and death. I assure you it’s much more serious than that’.

    It was therefore fitting then that when Jose Mourinho arrived in British football as manager of Chelsea FC in 2004 he chose to present himself as the ‘Special One’. For a time he carried all before him, with a little help from Russian billionaire Roman Abromovich.

    Sporting occasions also offer a Dionysian alternative to lives that are increasingly constrained by social conventions. In what other arena of life can a grown adult scream and shout with unrestrained fervour, orr even streak naked across a pitch?

    Sport imports a communal sense of belonging, evident in the crowd at a huge stadium and in the often transnational ‘imagined community’ of fans of a particular franchise. Support for national teams affirm a sense of belonging to the ‘imagined community’ of the nation.

    The medium is the message. First television, and now increasingly the Internet, allows individuals, living thousands of mile away to support teams, often comprised of players from around the world.

    Mythological themes are played out in real time. The truly great teams, it is said, are those that learn from defeat, just as the heroes of epic returns from the trial of Hades the wiser. We also encounter the tragedy of the flawed hero whose indiscretions are captured by the ravenous paparazzi, and attributed to the wider failings of youth.

    English football fans at the 2006 FIFA World Cup.

    Too Much of a Good Thing?

    Yet we can have too much of a good thing. Attention to sports has reached pathological intensity. Slick marketing has moved an instinctive pleasure into a compulsive and easily-satisfied desire, activating demand in a manner that is almost pornographic.

    In particular, the multi-billion euro football industry uses every available opportunity to lure child and adult alike into compulsive purchasing of television channels and merchandise that is gaudily flaunted. More troublingly still is the expansion of online gambling.

    Young men are now paid unconscionable fortunes for playing games, which many would happily participate in for far less, or no financial reward at all. Televised sport used to inspire kids to imitate their heroes, now with gaming technology they don’t have to leave their couches, and the obesity pandemic carries all before it.

    Rupert Murdoch recognised that sports would act as a ‘battering ram’ for his pay TV, an example most newspapers have followed. Sports coverage underpins a neoliberal zeitgeist by providing an alternative, apolitical, space with elements of tragedy and farce; villains and saviours; loyalty and betrayal.

    Grandeur is evoked through metaphors such as the ‘trench warfare’ of a tight contest or the ‘phoney war’ of a friendly fixture; ‘citadels’ are ‘stormed’, and ‘no quarter is given’, along with specifically supernatural ideas such as ‘demons’ being ‘exorcised’. Stress is laid on the grandeur and importance of the events unfolding: thus we regularly learn that ‘history is being made.’ Too much of our lives, my own included, are absorbed by the spectacle.

    With the degree of psychic energy devoted to the affairs of circus, it is hardly surprising that political involvement is increasingly the province of the paid-up professional; that the percentage voting has declined precipitously; that elections are explained by analogy with sporting fixtures; and that often warfare itself is relegated to the periphery. The widespread obsession is barely questioned by a media that feeds the fervour, and certainly not by politicians that display their colours to appear like regular guys.

  • 60 Bucks for Life

    “You have no appointment.”  

    I’d emailed, left messages, and read their mission statement: To free the innocent, prevent wrongful convictions, and create fair, compassionate, and equitable systems of justice for everyone. 

    No. I have no idea what I’m doing, but I’m doing it. Walking downtown to the office of The Innocence Project in Manhattan. On my way, I look up to see the spike of the Freedom Tower cutting through dense spring clouds. It makes me wonder, in this country of income disparity, prejudice, and Proud Boys, is there indeed justice for all?

    “Well, I’m here now and I’d like to speak to an attorney.”  

    I fucked up. No one is coming to speak with me. 

    Within minutes, I’m greeted by an affable intake attorney named Dara, who gives me her full attention. I explain that I’m a writer advocating for a wrongfully accused inmate at Cumberland Prison. Emmanuel Clark is serving a life sentence for first degree murder. After letting her know that Emmanuel’s files were given to their office by his cousin four years ago to no conclusion, she agrees to take my 16-page typed transcript and assures me the office will again give his case … a look. I’m informed it will take time. That there are no guarantees. With profuse thanks, I’m gone.

    For months now, I’ve interviewed Emmanuel Clark. An inmate serving a life sentence with no parole at Cumberland Prison in Baltimore. He went in at age 19. Now he’s 46 years old, serving time for a crime he claims he did not commit. We communicate by prison pay phone, trying to untangle a web of injustice. One that is all too common when you’re young, poor, and not white.

    I learned about Emmanuel through my friend Greg. Someone who knows what it’s like to be incarcerated. But for the past 10 years, Greg has focused his life on sobriety, and making people laugh, while attempting to make a difference in the world. He heard about Emmanuel’s plight through his cousin, felt compelled to advocate for him, and solicited my help in the process. Both my friend and I have had our share of family dysfunction. Probably what lead us both to stand-up comedy and a decade-long friendship. But we’re here now. Meeting once a week, to put together this complex puzzle that a corrupt legal system once scattered.

    A robot operator asks us to accept the call, “From an inmate at Cumberland Correctional Facility.” Press zero, and you’re connected. Allocated a strict 30-minute time limit for which the inmate has to pay. At 90 cents an hour on a jail work program, one phone call per week is a significant expense. But after two decades of no one listening to his story, Emmanuel decides it’s worth it. He’s excited. There’s a lot to tell and not much time. Greg in his raspy, Good Fellas voice repeats, “Very simple, Emmanuel, go slow and don’t give us too many details all at once.”  As he speaks, I’m reminded of Denzel Washington in the movie, Philadelphia and his unforgettable line, “Tell it to me like I’m five.”

    Born Emmanuel Clark, in a rough section of Baltimore City, neither the Greek American father he never knew, nor a Native-American mother were capable of raising him. Both parents had a dependency on drugs and alcohol which would later prove lethal for their son. What followed was foster care, juvenile detention centers, and homelessness. Out of desperation to survive, 16-year-old Emmanuel started selling crack on the street. And by 1997, he was convicted of murder one. A life sentence. Without parole.

    Emmanuel had been selling in Patterson Park. An area of Baltimore known as Butcher’s Hill. His customers were, for the most part, prostitutes and petty thieves. There, he met a woman named Bonnie Felicetti who worked as an admin for a lawyer. But Bonnie was also a known prostitute and crack addict. She lived with her husband Tony, also a drug user, and a 38-year-old friend called Louis Koch. Emmanuel didn’t know Louis well but described him as follows:

    “When you talked to him, you knew he was kind of…slow. Bonnie would get high and use Louis to buy drugs when she didnt want to leave the house.”

    On Sunday, June 16th, the night before the murder, Emmanuel gave his last gram of crack to Bonnie with the promise that she’d pay him back. 60 bucks. Within the next couple of days.

    Next morning, Monday, June 17th, Emmanuel got breakfast at Hardee’s, before walking to Patterson Park, where his cousin would re-up his supply. He was there for several minutes when Louis showed up, saying Bonnie would be home from work. And had his 60 bucks.

    “I figured Ill hang out there, get my money, wait for my cousin and get off the streets.”

    When Emmanuel followed Louis home, he was led through an alleyway. Not the front entrance.

    “Louis went through the gangway. I didn’t think anything of it at the time. I just followed him.”  

    As the two entered Bonnie’s backyard, Emmanuel saw panes of glass on the lawn. He noticed the outside windows were broken, but the inside windows were intact.

    “Louis asked me to hand him the glass and I did. Whatever was in the yard, I gave him. Some of the glass I handed, he put on the kitchen table and then threw it away.”

    Both men then entered through the window.  Emmanuel was there for maybe five minutes, when he heard his cousin’s whistle. 

    “We had calls to let us know we were looking for each other. When I left Louis, he was alive.”

    Responding to the call, Emmanuel headed back to his cousin’s, re-upped his supply, then proceeded to where he’d been staying at his girlfriend Tonya’s house.

    “When we’d made it back into the neighborhood, there was police everywhere. I didn’t find out Louis was dead until the next day.”

    Tonya and her mother didn’t like Emmanuel selling drugs. So, he’d applied at Teddy’s Roofing and got the job. 

    “It was my first day of work and when I got home that night, Tonya was in our bedroom crying.”

    “What did you do?”

    “What do you mean what did I do? I didn’t do nothing!”

    “The police was here asking questions about you.”

    Louis was pronounced dead on June 17th, stabbed with a screwdriver over 100 times. Fingerprints on the glass pointed the police to Emmanuel, and the weight of these accusations triggered a psychological breakdown. 400 milligrams of Thorazine and Tegretol were administered. Both antipsychotics.

    “I had a mental snap.”

    “I was given heavy doses of drugs.”

    “I was a zombie.”

    After ten days of treatment, Emmanuel was back at the regular detention center where he faced hours of grueling questioning.

    “I was scared terribly. The cops said I would never see my girlfriend again. Eight hours later, I repeated everything they told me. I just wanted it to be over.”

    If Emmanuel got something wrong, if something didn’t fit the detective’s narrative, they would correct him. Under the influence of drugs, he was coerced into giving a false statement.

    “The confession I gave the cops didn’t match the evidence. This was in my taped confession. Which, years later, they claim they lost.”

    Reading through Emmanuel’s case file, I noticed a few things. Fingerprints on the glass belonged to both Emmanuel and Louis. Glass found placed in the trash. The cops told Emmanuel to confess that he broke in through the window. But the question remains: What kind of robber breaks in and then places the glass in trash bins? There were also a pair of pliers and knife found near the window which fits with Emmanuel’s narrative that Louie was being locked in the house by Bonnie and Tony.

    After his arrest, Emmanuel awaited trial, locked up in Baltimore City Detention Center for a year and a half. Feeling his fate was sealed, he attempted an escape.

    I was going down and I was desperate.”

    Digging his way out of jail through a catwalk, he was caught just as he jumped the barbed wire fence. Photographs taken of him that night show scrapes, cuts from a fence and his hard fall. These pictures from his failed escape were then transferred into evidence for his impending trial. Evidence which was conflated, to make it appear as if those injuries occurred the night of Louis Koch’s murder, as a result of a struggle between the two. At trial, Emmanuel’s public defender never questioned those images detectives and a prosecuting attorney presented to the jury.  

    “I kept telling my lawyer the photos they were using were from the escape, NOT from the crime scene. All he could say was, “I don’t know Mr. Clark. They went into evidence.”

    Emmanuel was convicted of first-degree felony murder. For 26 years he’s been a model inmate at Cumberland Prison with no history of violence. He went in barely out of his teens and is now a middle-aged man who spends his days in a cell no bigger than the average American bathroom. Days when the prison goes on lockdown, for lack of staff or bad behavior from a prisoner, Emmanuel spends 22 hours in his cell.

    “It’s a fishbowl. They can see everything we do. There is no privacy.”

    On more than one occasion, I’ve asked Emmanuel how he has spent so many years like this, and the answer is always the same.

    “You don’t want to know.”

    I’ve asked my friend Greg too, how he dealt with being incarcerated for the stint that he did. And on every occasion his answer is always the same.

    “When you’re in prison time stops.”

    With our interviews completed, Greg and I had limited choices. We could wait for someone to take the case, or solicit another pro bono office. At Emmanuel’s suggestion, I contact Project Six, and The Integrity Unit, two Baltimore agencies with similar missions of reversing and/or reducing sentences for the wrongfully accused.

    In the interim, I go back and forth with The Innocence Project, inquiring about the status of Emmanuel’s case. When I get the same response every time, that they have limited staff, massive caseloads, and thousands of pages to read and review, I have to let it rest.  But my last email was a doozy. An article I sent on Robert Patton, one of the three detectives in Emmanuel’s case. Patton had been accused of four different types of misconduct. Including, but not limited to, withholding the testimony of key witnesses.

    The decision to devote two of his podcasts to Emmanuel’s predicament, resulted in Greg’s phone lines lighting up with calls from distant family members and intrigued listeners. For the duration of his segment, there is full support but no funds with which to move forward in a tangible way. To retain a lawyer worth his or her salt. An intricate case, such as this, would cost at least 50 grand. Emmanuel’s family doesn’t have that. What they do have are jobs, kids, worries, and bills.

    Emmanuel has confessed many times that even though he often feels forgotten, he understands. For people on the outside life goes on, but for him time has, in a word, frozen.

    Six months after my downtown visit, Emmanuel received a letter that could change his life. I’m paraphrasing, but it went something like this: Were pleased to inform you that The Innocence Project has agreed to take your case. Please fill out the attached form. Upon our receipt, you will be assigned a lawyer and a legal team. There is no fee for our services.”

    The odds are still stacked against Emmanuel. When a system puts you in prison, they are unyielding. Unwilling and unlikely to admit their mistakes.  Prisons are big business. The city of Baltimore spends roughly 300 million dollars every year to incarcerate people.  There is no promise Emmanuel will ever see the outside of a prison wall. Nor is there a set time frame for the re-trying of his case. The legal road back to equanimity is a long and winding one. But for the first time in decades of unimaginable suffering, these clouds of despair have been pierced. By hope. For justice.

    Featured Image: Butchers Hill Historic District on the NRHP since December 28, 1982 The historic district is roughly bounded by Patterson Park Ave. and Fayette, Pratt, Chapel, Washington, and Chester Sts. in southeast Baltimore, Maryland.

  • Interview with Concetto La Malfa

    This week Cassandra Voices editor Frank Armstrong sat down for a chat with veteran Italian journalist Concetto La Malfa, who has been living in Ireland for almost sixty years.

    He initially arrived for a two month work placement with Aer Lingus, before embarking on a chequered career that includes founding a magazine for the Italian community, which he edited for almost thirty years, acting as the Irish correspondent for the Corriere dello Sport, and teaching Italian in UCD.

    He continues to work as a journalist, principally throught the site he runs: http://italvideonewstv.net/, where he mainly broadcasts short videos discussing important international events.

    Concetto explains how he came to Ireland at a time when the country was still relatively poor, and he says, a little depressing, compared to his native Sicily at least. At that time, Dublin was he says: “a poor capital in a poor country”.

    Indeed, he was slightly disturbed to find that there were only five Italian restaurants – four run by the same brothers – and he struggled to adapt to the Irish lifestyle, missing his native cuisine in particular.

    Since then, Ireland has developed considerably, economically at least, although Concetto likens the country to a dwarf with a giant heart, given the disproportionate size of Dublin’s c. 1.5 million population compared to the c. 3.5 million in the rest of the country.

    Dublin he argues, ‘is a capital city that has grown in a hurry’ and that many things should work better, pointing to the state of the streets and, in particular, the prevalence of street crime.

    In terms of Sicily, he asserts that the mafia is as visible as the IRA was to the ordinary Joe Soap in Ireland. Although he acknowledges that organised crime has has hindered development on the island.

    He keeps away from the intricacies of Italian politics, preferring to concentrate on the big picture, but cites a telling statistic that there have been 67 governments in just 74 years. He wonders whether this is a sign of a democracy that goes too far.

    During his period as correspondent for Corriera dello Sport he became acquainted with Giovanni Trappatoni and Liam Brady, who spent seven seasons in Italy playing for Juventus and Inter Milan.

    Finally, Concetto has formed the view that the West is conducting a war by proxy in Ukraine, with the blood of the Ukrainian people, and that every single weapon sent from the West makes the possibility of a diplomatic resolution more distant.

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  • A Fair Deal for Dublin

    The following is a submission to the Citizens Assembly on Dublin by a former Lord Mayor of Dublin Dermot Lacey, who argues for a new regional approach to Dublin that would include provision for a directly elected mayor with real power and responsibility for the whole city.

    Image © Daniele Idini.

    Regional and Local Government – the other norm

    Throughout the developed world Regional and Local Government is taking its rightful place at the heart of sustainable decision making. From the Scottish Parliament, the Northern Ireland and Welsh Assemblies in the United Kingdom, to the Federal Parliaments in Germany, the Cantons in Switzerland local-relevant decision-making is growing. One of the founding principles of the European Union is subsidiarity – however that particular guiding principle seems to have been lost somewhere in the Irish Sea.

    Here in the Republic of Ireland, with a nod to European Union objectives but a more stellar eye on European money we have invented three new Regional Assemblies; the Southern Regional Assembly, the Northern and Western Regional Assembly and here on the east coast and adjacent counties the Eastern and Midlands Regional Assembly.

    Comprised of Councillors from twelve Local Authorities this artificial construct has no real power, no funds, no democratic mandate and Government ignores it at their pleasure.  Meanwhile Dublin the only City Region by real international standards and the economic powerhouse of the State is deprived of any co-ordinating body covering the full County. Without such a co-ordinating body, without a Regional Authority for the Dublin area with power and resources Ireland is the principal loser. So, what do I want for Dublin? But then again What Dublin do we mean when we refer to it?

    Image © Daniele Idini

    The Fair City

    Dublin is often described as the ‘Fair City’ – but is it? Is it a city that treats its people equally? Is it fairly run? Does it treat all its citizens fairly? Does it protect its culture, heritage and environment fairly and sensibly? Is it a democratic city? Is democracy necessary? Or is democratic consultation and decision making central to the future of Dublin. Does any of this matter?

    The answer, of course, is that yes, it does matter – or at least it matters to me. Dublin is my home. It always has been and I hope, it always will be. It was and will again, be one of the finest cities of Europe. It is a great and beautiful city, ideally located between the scenic natural beauty of the Dublin Mountains and the incredibly clean and majestic Dublin Bay. A Bay that has been so sadly neglected and indeed damaged by decisions taken by unelected Public Servants and in reality, unaccountable Politicians from outside its borders.

    It is a city with a great history and culture; a city of literature and with a genuine appreciation for the arts; above all it is a city and county with a resilient people still enthused by the notion of community.

    Unlike Margaret Thatcher, Dubliners do believe there is such a thing as society.  This is demonstrated every day of every week in the volume of community work, youth and sports activity and community activism actively engaged in by, and for, Dubliners. Perhaps this has never been expressed so forcibly as it was during the Covid crisis and now in the response to the War in Ukraine.

    It is also, however, a city of unnecessary complexity. It is a deeply undemocratic city, with decisions made at a remove from the people of Dublin and, in far too many cases, at a remove from the democratically elected representatives of those people.

    It is poorly served by the administrative and governance structures imposed on it by successive national governments. It is scandalously under-funded and under-resourced. It has a confused transport system, unacceptable poverty, inadequate housing and a divided and unequal series of communities. None of this is necessary. We need to imagine a better future for Dublin and we need to create that better future for Dublin.

    The tragedy for Dublin and Dubliners is that when times were good and finance available, we had one of the least imaginative, backward looking governments in the history of our state. It is true also that when times were bad and the opportunity for real reform was there that Local Government was set back decades by the pretence of “reform” that was “Putting People First”.

    It is why we need a new approach to build a new and better Dublin. It is but one of the many reasons why we need a New Deal for Dublin – a Fair Deal for Dublin. It is also a very clear example of why the model suggested by a few commentators of introducing a Minister for Dublin, is not the answer.

    Can we solve Dublin’s problems – yes we can. Can we make it a better place for all – yes we can. Can we have a democratic and inclusive Dublin – yes we can. The pertinent question is how do we achieve at least some of these objectives? How do we make Dublin the inclusive and democratic county that it can be and I want it to be? How do we create our own future for Dublin?

    The answer lies in real reform of our local government structures. This should not have had to wait until, as some would have it, the country’s problems are fixed. Local government reform is not an optional extra – it is, in my view, integral to our country’s future. Ireland can be transformed through the reform of local government. We cannot do it any other way. It is not possible to reform our political, economic and public sectors if we do not at the same time reform local government.

    In the case of Dublin, my preference would be for a directly elected Mayor and a new Dublin Regional Assembly. In the course of this submission I hope to outline why that is the case.

    Image © Daniele Idini.

    A Changing County?

    While Dublin is a changing city and county, it is a city and county that administratively and politically does not work. The city and county does not work for citizens, for business, for communities, or for Ireland. Despite it being the engine of growth for the economy and the fact that, in a European context, it is the only real city-region in the country, the governance of Dublin has largely been ignored and any real reform avoided since the establishment of the State.

    The Organisation for Economic Co-operation and Development (OECD) categorises city regions by their population size and the smallest size considered is 1.5million (OECD Territorial Reviews: Competitive Cities in the Global Economy 2006).

    Tinkering with the boundaries in breaking up the old County Councils, thereby reducing the power to seriously drive the region, and a collapse in funding have sadly been the hallmarks of government intervention over the last decade or so. Incompetent interference, followed by inertia, has been the closest thing to positive action from those on ‘the inside’ those really in power.

    The legislation introduced by former Minister for the Environment, Community and Local Government, Phil Hogan TD, seriously set back local Government in Dublin and abolished the Dublin Regional Authority. While much political comment since has been on his unwise abolition of Town Councils the reality is that it was bad, very bad for Dublin.

    Politically it gave more power to bureaucrats, reduced the powers of Councillors, removed a realistic Regional dimension and imposed more work, on more un-asked for Councillors. In doing so the Minister simply compounded the indefensible record of the Department of the Environment, Heritage and Local Government – a Department, which one well known commentator, has described as the one Department of State actively hostile to the three nouns in its [then] title, Environment, Heritage and Local government.

    Any real reform proposals must provide for a better future for Dublin because a better future for Ireland will in reality be predicated on Dublin sustaining real economic growth and administrative and governmental cohesiveness.

    No doubt any serious changes will meet political, departmental and institutional opposition to real reform. For far too long power and authority in Ireland has rested with unaccountable mandarins in government departments and their agents, whether via quasi-independent agencies or through the city and county managers process.

    Real change is, however, necessary. Irish people are open to new ideas and new ways of doing business and exercising governance. With courage and vision, and above all a serious commitment to reform from the top, we can have a meaningful, inclusive, democratic and relevant local government system. We can make Dublin work and in turn make our country work.

    Image © Daniele Idini..

    Reforming the City – Rebuilding the County

    Regrettably, what is equally true is that despite all the recent talk of reform, changes to our local government structure hardly featured at all in public debate. Reform of governance at a local level was discussed not at all during recent General Elections. The truth however, in my view, is that is simply impossible to reform our national political and public sectors if we do not start on the ground, in our communities and in the chambers of our city and county councils and the regional authorities.

    Before any decisions are taken, or any reforms contemplated, we need agreement on what is meant by local government itself. Quite simply, we need a collective ‘buy in’ on local government. For me, local government is about the delivery of comprehensive public services in a manner required, demanded and agreed to by the local community. It must be about the provision of services, in an accountable and democratic manner, to the people in receipt of, or entitled to, those services. Without these attributes it is neither local nor government. Sadly, here in Ireland, that is the present reality.

    Image © Daniele Idini.

    A Future for the County?

    Bemoaning the plight of local government is also easy. There are library shelves bursting with reports and analysis. I would like to be more positive and constructive. There are others, more capable than I, who can comment on the national situation. I hope they do. I want to concentrate on Dublin. It is a City I had the privilege to serve as Lord Mayor and a county the privilege to serve, as Cathaoirleach of the Dublin Regional Authority and as Cathaoirleach of the Eastern and Midlands Regional Assembly – the only person to have held the three roles.

    In the context of this submission as well as defining local government itself, we need also to define: where and what we mean by Dublin; Is it the City? Is it the County? Is it the Dublin region?; or, as some would have it, is it the larger Metropolitan area?  While there are many reasons to define a new governance area as being the greater Dublin area or, as it has been described, the ‘drive-to-work’ Dublin area, my view is that here in Ireland, rightly or wrongly, local identity is important, loyalty is important and a clear definition of boundary, in a governmental context, is important. In all respects, therefore, I believe we should focus on the traditional County of Dublin.

    It is this County of Dublin that needs our focus and attention. It is this area that has been and will again be the engine of our economy. Rebuilding and growing that Dublin will help once again to grow our economy and strengthen our society. It will help Ireland grow and develop. Part of my role as an advocate for Dublin, is to dispense with the old and very outdated argument of ‘Dublin versus the rest’. The reality is that what is good for Dublin is invariably good for Ireland. Our future as a people is intertwined. Dublin is our collective capital.

    For Ireland’s sake, Dublin needs to run Dublin. That is the very essence of this argument. The present situation, in which disinterested quangos (largely unaccountable state bodies and often disconnected governmental departments) interfere in the affairs of the county without any appreciable knowledge or sympathy, cannot be allowed to continue. Power and authority currently lies with the unelected and the unaccountable, whilst the elected city and county councillors see powers removed on a near daily basis. Dublin deserves better. Ireland needs better.

    The existing situation in which more than 60 bodies have responsibility for traffic is the most obvious example of this. At least nine separate bodies are responsible for Dublin Bay and most absurdly national government appoints the St. Patrick’s Day Festival Committee, which largely, though not exclusively, affects Dublin. There are far more examples than this. Surely this cannot continue into the future.

    Image © Daniele Idini.

    Dublin Needs a Political Voice

    Perhaps, more than anything else, Dublin needs someone who understands how things work, or more accurately, how things do not work, and who will stand up for the city and county. To create that better future that we seek, Dublin needs a spokesperson for the whole community. It needs someone, who can be a political advocate armed with the mandate of direct election. That is why I believe that central to any meaningful reform must be a longer-term Mayor and that direct election would provide the mandate. The Mayor needs to be a champion for Dublin who will market and promote the region internationally and who will stand up for it nationally.

    The proposal to have an election for a Mayor of Dublin would give us an opportunity to create that voice. The election campaign itself would provide an opportunity for a collective debate on the future of Dublin.

    The visibility and accountability of such an office holder would considerably help inform the public on the choices involved on issues of concern. That is why, with all its imperfections and limited powers, I welcomed the publication by former Minister for the Environment and Local Government, John Gormley of the Local Government (Mayor and Regional Authority of Dublin) Bill draft legislation in 2010. All political institutions grow and evolve over time, and I believe the implementation of that Bill would have proved no exception.

    That legislation clarified some issues. It specified the county as the area involved and provided a new structure for the regional authority. The proposal that the Mayor would chair the authority, to whom he or she would be accountable, was, I believe, a rare defect in the draft legislation.

    Similarly the proposal to establish a Regional Development Board was unclear, as was its composition and democratic mandate. Unless the public service agencies are accountable to this body, and not equal participating parties as at present, it would not have worked.

    The creation of the proposed Dublin Transport Council was inadequate but a significant step in the right direction. Yes, there were deep flaws and absences from the legislation. There was a real lack of integration of services and roles. There was uncertainty about the relationship with the department and the Minister.

    It was however an important start – unfortunately one not taken. While some Political Parties are once again raising the issue and this Citizens Assembly has been established it does seem to me to be a “can kicking” exercise and I am not convinced that the permanent Government will do anything to facilitate it happening. Nevertheless, I believe there is still a need for the debate and for the campaign to continue. It remains an aspiration worth pursuing.

    The absence of an independent source of funding was a major flaw in previous proposals and must be addressed whenever a future government is serious about reform.

    Many believe that we need more than the simple introduction of a directly elected mayor, and they are right. A new mayor can and must drive further reform and a real debate about the future of Dublin.

    Two of the arguments used against the introduction of a directly elected mayor are cost and the issue of ‘celebrity’ candidates. Both are bogus. Properly structured, a newly elected Mayor, working with the Dublin Regional Authority, will see the need for many of the existing agencies reduced and or incorporated into the mayoral structure with significant savings.

    On the ‘celebrity’ candidate issue, the answer is simple: we are meant to live in a democracy, so let the people decide. I have great faith that, subject to a fair and balanced media presentation, the electorate will decide intelligently. While not the subject of this essay, it is this issue of media coverage of a campaign – the absence of a fair and informed media on Local government matters – that would concern me most.

    This is particularly true of the national broadcasting service – RTÉ – whose understanding and knowledge of local government is virtually non-existent and access to the airwaves is a rare privilege accorded only to a chosen few. Clear guidelines for their coverage of a campaign and debate on the issues would be crucial if genuine progress is to be made.

    Image © Daniele Idini.

    Facing down the Custom House

    It is clear to anyone interested that our current system of local government requires renewal and reform. Clear too is the fact that the various local councils are directed, unofficially, but in reality, by city and county managers, answerable to the Department of the Environment, Community and Local Government and the permanent officials therein. It is striking that the term of office for a city and county manager is seven years – which can and usually is extended to ten years and that under our current system the term for a mayor is usually one year. Longevity itself is power.

    Understanding that relationship is the key to understanding our present problems and breaking that relationship is the key to resolving them for the future. The proposals in the Labour/Fine Gael Programme for Government to abolish the role of county managers and replace them with ‘Chief Executive Officers’ was executed but the change in title was all that was delivered – not a change in role or powers.

    None of this should be taken as a personal reflection on the four very fine public servants, Frank Feely, John Fitzgerald, John Tierney and Owen Keegan with whom I have worked during their terms as Dublin City Manager/Chief Executive. They all served Dublin well. It is the structural and relationship issue and problem that need to be resolved.

    I believe that Dublin desperately needs a longer term Mayor who would serve for the full local government term, and a Mayor directly elected by the people who would have the authority and mandate needed to serve for such a term. We also need substantial reform of the structure of the four local authorities in the Dublin city and county areas. Such a Mayor working with the members of the Council and with sufficient powers and resources is needed now more than ever to rescue this city and county from the clutching, incompetent and disinterested control of central government and administration.

    Shamefully, the sections of the 2001 Local Government Act, enabling this, courageously and correctly introduced by Minister Noel Dempsey, were reversed by his successor, Minister Martin Cullen.

    More shamefully, the Green Party Minister, John Gormley, was thwarted in his efforts to introduce plans for a directly elected mayor and Regional Authority. Even more shamefully was the pretence of reform introduced by Minister Phil Hogan at a time when people were crying out for real reform. It was perhaps the greatest wasted opportunity of all.

    Image © Daniele Idini.

    A new Model for an old City and County

    There are many ways in which real reform could be achieved. I want to propose a simple model that I believe would be in the best interests of the future of Dublin city and county. While there may be debate about the appropriateness of retaining the existing four Dublin local authorities I believe that it is better, for the present, they remain. This would also allow that for a period of five years they would continue to elect their Chairpersons/ (Lord) Mayors in line with current practice.

    I propose that the number, jurisdiction and roles of the four existing Local Authorities should be reviewed after a period of five years, or one term of office, of a proposed Dublin Regional Assembly. This period should be used to assess the possibility of introducing a series of genuinely local District Councils – perhaps along the lines of the Municipal District Councils that exist outside Dublin. These would serve populations of approximately 100,000 people each. It would also allow for a timely debate and gradual merging of the roles of Lord Mayor and Mayor. Whilst for many this is an obvious step, I believe that there are distinct roles and we should assess the respective merits of retaining them as separate roles or combining them into one.

    Essentially these different roles stem from the unique requirement of the Lord Mayor of the City of Dublin to regularly act as the official host for guests to Dublin and Ireland and often as a sort of unofficial Ambassador for the whole country. There is also the role of Civic Cheer Leader and Ceremonial office holder for appropriate civic occasions. The new role envisaged for a Mayor for Dublin will be more executive and more political. I remain open to persuasion as to which is the best way forward.

    Contrary to common perception Ireland has a very low ratio of elected councillor per head of population. The following table gives some idea of the European average. It is worth noting that the UK figures do not take account of the existence of the Scottish Parliament and the Welsh and Northern Ireland Assemblies. These bodies have respectively: Northern Ireland Assembly 108 members; Scottish Parliament 129 members; and the Welsh Assembly 60 members.

    Country
    Country Population (m) No. of councils Average population per council     Population per councillor
    France   59.6    36,700  1,600   118
    Austria   8.2     2,350   3,500   209
    Sweden 8.8 310 28,400  256
    Germany 83 15,300  5,400   350
    Finland 5.2     452 11,500  410
    Italy 57.7 8,100   7,100   608
    Spain 40 8,100 4,900 610
    Belgium 10.3    589 17,500  811
    Greece 10.6    1,033   10,300  1,075
    Denmark 5.4     275 19,600  1,115
    Portugal 10.1    308 32,800  1,131
    Netherlands 16 548 29,000  1,555
    Ireland 4 114 35,000  2,500
    U.K.    59.6    468 127,350 2,603

    Source: Hughes, Clancy, Harris and Beetham (2007), Power to the People: Assessing Democracy in Ireland. New Island.

    In Dublin the figure is a staggering figure of 12,400 people to each Councillor.

    Such District Councils, as I propose, would, over time, replace the existing, South Dublin, Fingal and Dun Laoghaire-Rathdown County Councils and Dublin City Council. In order to enhance a sense of local identity and ownership, these Councils should be based on real communities of location and interest. Areas such as Tallaght, Lucan, Swords, Dun Laoghaire and Ballyfermot are obvious possibilities for this. With the increasingly global nature of our world real social cohesion in the future can be best enhanced through the promotion of the local and community awareness.

    Pending completion of the overall reform project there is no reason why such pilot town or district councils could not be established at an early stage. Composition of these councils should also be used to create greater equality in terms of councillors and population with the rest of the country and a consequential equalisation of Seanad voting rights if the Seanad is to retain its present form.

    I am also suggesting that in order to provide a local/national link that the directly elected mayor would be ex-officio member of Seanad Éireann and that a similar provision be made should directly elected mayors be introduced for the other larger cities. This should be done without increasing the overall membership of Seanad Éireann and could be done in tandem with other proposed reforms of the Seanad.

    Image © Daniele Idini.

    A Dublin Regional Assembly   

    Dublin also needs an over-arching strategic regional approach. In that context I suggest that a new Dublin Regional Assembly be established. Such an assembly would be comprised of about 30 members. This would entail six constituencies electing five members each. In order to ensure best internal regional balance there would be two north-side constituencies, two south-side constituencies and two to the west of the county. This would enable a sufficiently broad based (political and regional) membership to ensure a robust and inclusive assembly.  The assembly would have one committee for each of the policy areas listed in the next section.

    An alternative model would be to have three such constituencies, north, south and west with five members each leading to the election of what would effectively be a fifteen-member executive for the county. Each policy area would be overseen by three members of the assembly who would have executive responsibility for the area involved. In this scenario, the overall scrutiny and monitoring role would be provided by members drawn from the four Dublin local authorities on a basis similar to the previous Dublin Regional Authority.

    The Leader of the Assembly would be the Directly Elected Mayor of Dublin.

    Image © Daniele Idini.

    Powers of the Assembly

    I am suggesting that the powers and responsibilities of this suggested assembly would be as follows:

    1) Land Use Planning and Strategic Development. This would deal with devising strategic planning guidelines and monitoring and planning development across the region. Responsibility would also include implementation of national spatial strategies and economic development.

    2) Traffic and Transport Co-ordination. The assembly would be the Dublin Transport Authority and would provide for an accountable and integrated approach to traffic and transport, including responsibility for all public transport, active mobility and taxi provision and regulation in the Dublin region.

    3) Social and Affordable Housing. The assembly would replace the existing agencies in the Dublin area and co-ordinate housing provision and allocation across the Dublin Region. It would also have responsibility for developing new initiatives for housing provision and responding to the issue of homelessness.

    4) Dublin Bay, Waterways and Mountains. These great assets of the region are presently largely under-appreciated. The Dublin Mountains Partnership initiated by Dun Laoghaire-Rathdown and South Dublin County Councils has shown the possibility that does exist with imagination in this area.

    5) The Assembly would also have a coordinating and/or monitoring role in relation to county-wide services provided by agencies such as the HSE, Education Training Boards, Enterprise Ireland, tourism development, policing and relations with other regional authorities and relevant bodies. One of the first tasks in this area would be to develop coterminous boundaries for all public service providers in the Dublin region.

    Some of the above would be done in conjunction and co-operation with the existing local authorities.

    I am also suggesting that the Dublin Regional Assembly would provide a forum to which, and in which, the Dublin Members of the European Parliament could report back and consult on issues of relevance to their work. This would significantly enhance engagement with the European institutions and improve the opportunity for Dublin and Dubliners to engage with and benefit from European Union initiatives.

    In addition to the elected Assembly I want to see established a Dublin Civic Forum, comprising representatives of civic society across the county. The forum members would receive no payment and would convene as appropriate to advise the Assembly on matters of relevance.

    I have previously suggested that the Dublin Regional Assembly should be based in the old Parliament Building on College Green with the remainder of the building housing an Institute for Dublin Affairs and a much-needed Dublin Museum building on the fantastic work of the Little Museum of Dublin.  The Institute would be a collaborative model drawing on the expertise of the third-level institutes in Dublin and would act as a policy feeder to the Assembly.

    The old Parliament building would also be the location for meetings of the Civic Forum. This could all be done in conjunction with other proposals to develop the building as a National Cultural Centre and the creation of a major Public Plaza to the front of the buildings. Transferring ownership of these former Parliament Building might provide some recompense for the €8.5billion pumped into Bank of Ireland and relocating the bank headquarters to Docklands might help the rejuvenation of that area.

    There is also much scope for the development of new forms of democratic participation such as citizens’ juries and participative budgeting. These could be facilitated through the Dublin Regional Assembly office and could enable citizens to engage with public service providers in a meaningful way.

    Image © Daniele Idini.

    Reform Again?

    There is a widespread consensus amongst politicians, commentators, academics and the public that we need to reform local government. This is articulated regularly in a general rather than specific sense and is thrown into the wider debate about Political Reform. However, that is where the consensus ends. The promise offered by the optimism of the Better Local Government project initiated by Brendan Howlin TD, and the early enthusiasm of Noel Dempsey TD, were followed by inaction, inertia and, on occasions, outright hostility to democratic local government, by the very ministers and the government department that should have been its champions, reformers and defender.

    Of course we need real reform, and of course we need Councillors to take more responsibility. As Lord Mayor of Dublin, in difficult circumstances, I did accept such responsibility in relation to the city budget. Since then the majority in favour of the budget has increased with each passing year.

    A directly elected mayor should only be one small – though important – part of a total reform of the failing system of local government. Powers which have been stripped from elected representatives and handed over lock, stock and barrel to city and county managers, effectively, if not officially, answerable to the minister of the day, need to be restored to city and county councillors across the country. If we are truly to build a better future for Dublin and for Ireland, Local government must be the heart that drives that forward.

    Image © Daniele Idini.

    Paying the Price

    The issue of the financing of local government also needs extensive review. Quite simply there is no real governance role without independent finance raising responsibilities. There must be a clear link between local spending and local revenue and the accountability of the councillor. The successful operation of the BIDS (Business Improvement District Scheme) scheme in Dublin city centre shows that there is a willingness to work such initiatives if there is sufficient benefit and adequate explanation and consultation. Local government also requires more opportunities to introduce appropriate local taxation, subject of course to the law and the right of the people to comment on same through local election campaigns and possibly local referenda.

    At present, Dublin City Council is losing out on millions of euro every year (€30 million for 2022 alone) from commercial rates which Government has abdicated its responsibility to pay. While applicable across the entire country, this has hit Dublin more than anywhere else and is a further example of the cost involved in being the capital city.

    Since the expedient abolition of domestic rates in 1977 every local authority has lost significant income. The promise to allocate a sum equal to the amount that would have been raised has been consistently broken. I have calculated that the loss to Dublin City Council since that decision was imposed has been in the order of E8billion. Other decisions imposed such as National Wage Agreements increased that with local government denied any opportunity to participate at the negotiating table. The concept and practice of ‘social partnership’, it would appear, included everyone except the democratically elected arm of local government. Once again, as in so many instances, it was a case of National Government decides but Local Government pays. A proposal some years ago by members of Dublin City Council to introduce a €1 per night hotel/bed tax for all visitors would have, on average, delivered approximately €28million additional resources to the city. Despite the fact that, at the time, some hotels were charging rates of up to €500 per night, the proposal met with outright hostility from the trade and, as ever, a compliant, not to say hostile Department and Government, refused to introduce the necessary legislation. This money could, and would, have been invested directly into providing better experiences and facilities for all, residents and visitors alike, and would, over a four-year period and spread across the Dublin county, have delivered approximately €180million to make Dublin a better place at relatively little cost or inconvenience.

    A reduction in the number of agencies and quangos, with their roles and responsibilities transferred to local councils would enable swifter and more ‘on the ground’ decision making. It would ensure a better integration and delivery of services and would also save money.

    Image © Daniele Idini.

    National Forum on the Financing of Local government

    I have previously proposed that a National Forum on the Financing of local government should be established as a matter of urgency. The Forum would draw its membership from the main political parties, the two councillor representative bodies and the social partners. It would be given six months to a year, to agree an approach that would provide sufficient funding, on a nationally agreed basis, and one that would allow some degree in local flexibility as to appropriate local fund raising.

    Image © Daniele Idini.

    And finally

    Introducing the direct election of longer- term Mayors is not the panacea for all our problems but it would be a major starting point. Quite simply, the people whom we are meant to serve deserve better. The current mess suits no one except the mandarins in the Custom House and their temporary ministerial masters. This cannot be allowed to prevail. We need to create something better. We need to dream of a better future and to turn those dreams into realities. We need to create and drive forward a Dublin that is all the things we want it to be.

    But let us do more than just imagine – let us truly create it. We have an opportunity to put behind us the mistakes and the errors of the past and to learn from them. As a society we need not be bound by old agreements, old alliances or old commitments. Indeed we must not be bound by them. We have the opportunity and duty to fight back and to stand up for real local decision making and to build a truly inclusive, progressive and sustainable city and county. We can and must build a better future for Dublin and Dubliners. In short this Assembly has an opportunity to stand up for Dublin. Let us truly make it “One Dublin for many Dubliners”. In doing so, we are also standing up for Ireland. If we don’t, no one else will.

    This is a personal submission from Councillor Dermot Lacey.

    Feature Image © Daniele Idini.

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  • All Black Inception

    The 2010 film ‘Inception’ has scorched the innermost parts of my brain. This big screen feast had concepts that lit all the senses. Visually it was seeing things like the city of Paris fold in and on itself. Aurally, Edith Piaf’s Je Ne Regrette Rien twisted and reborn as a time bending plot device and a highly memorable if unrecognisable score.

    Christopher Nolan’s cerebral blockbuster may seem a world apart from a rugby contest in store in the Land of the Long White cloud. But the central tenet of the movie, the thing that has stuck with me the most, is that once brought into the world it’s almost impossible to kill an idea.

    It’s that thought that resonates with the mouth-watering sporting clash that awaits us this weekend.

    I’m not sure what the New Zealand team that first toured the British Isle in 1905 would have made of the central idea of Inception. But I suspect they had some inkling that they were creating something special: an idea that would exceed them.

    It is unclear how the touring New Zealand side earned their moniker the ‘All Blacks’ whether through a typographical error – they All played like Backs? – or simply because of the colour of the jersey, which seems most likely. Whatever its origins, this national side made up of native Māori and colonials have been referred to as the All Blacks ever since.

    Coupled with the pre-match ritual of the haka, and their top drawer rugby skills the team’s reputation travelled far and wide. They are easily the most successful national team in the history of the sport.

    The All Blacks at the climax of their haka before a test against France in Paris, January 1925.

    An idea had been born. These New Zealanders were no ordinary rugby team. They were All Blacks and they were unique. Their fans knew it too.

    The Welsh choirs singing Bread of Heaven in the Cardiff drizzle may indeed be a religious occasion, but the relentless chant of ‘All Blacks. All Blacks. All Blacks’ simply demands success.

    It didn’t matter who they faced. What team or colour. Resistance was futile. But one team suffered more than any other. Year after year the team in green were beaten all black, and blue. From that very first tour in 1905 Ireland endured 111 years of shoe pie.

    At best there were crushing last minutes loses. At worst, and usually in response to these ‘near wins’ the humiliation of record score obliterations. In my lifetime it was teams that included the likes of Vinny Cunningham, Keith Wood and Conor Murray from 1992, 2002 and 2012 that typify this. Each poked the All Black bear and suffered brutal and pitiless responses. 56-9. 40-8. 60-0.

    For Ireland, the All Blacks were a giant albatross on our backs, and it took a Kiwi to help bend, and finally break that mystique.

    In just his third game in charge, Joe Schmidt’s Ireland had New Zealand beaten. Until they weren’t. It may have taken the last play of the game and a conversion twice taken, but the All Blacks had beaten Ireland. Like they always did.

    Three years later in Chicago we finally beat New Zealand. This was an end of season game, however, almost an exhibition match, a test played in a neutral, non-rugby venue, against an All Black team lacking recognized second rows.

    The following week they came to Dublin and ‘shoe pie’ resumed. With a violent intensity and no little skill, they beat us into submission once again.

    The victory in 2018 was a more genuine breakthrough. But normal trouncing service was resumed at the subsequent World Cup when it really mattered. Joe out. Busted Flush.

    But something had changed. The aura of invincibility around the All Blacks had disappeared forever. Mythological characters – the McCaws and Carters – were reduced to mortal men – Canes and Barretts.

    When they came here last autumn Ireland obliterated them in the most one-sided, close-margin-victory I’ve ever witnessed. We played them off the park, with the score board somehow saying 29-20 at the end of the match. But make no mistake, the All Blacks had been beasted by Ireland.

    Now, incredibly, Ireland could be the first side in the professional era to win a series in New Zealand. Having largely gifted the first test to the home team, Ireland won comfortably enough last week; although, slightly worryingly, throwing away at least two gilt edge tries to give a final score line that flattered the hosts.

    This is new territory for an Irish rugby fan. But can we actually do it in the third and deciding test? For sure it’s not the best team New Zealand has ever put out, albeit with Sam Whitelock back in the second row they present a more challenging proposition, and they surely won’t be so undisciplined next time out. Ireland are essentially unchanged, but Ringrose’s dashing forays will be missed.

    The rational mind says New Zealand are 7-10 point favourites. They just don’t lose home series. The PTSD of previous bloodbaths suggests there could yet be another dose of shoe-pie.

    And yet, with their aura of invincibility gone forever, another idea is crystallizing, which is that, whisper it, Ireland are becoming New Zealand’s ‘bogey’ team.

    It’s too early for this nascent idea to have much hold. Or power. But win tomorrow and it may start to play tricks on the All Black mind, just like the French have had a habit of doing.

    In all likelihood, come 10am on Saturday morning my foolhardy hopes will be confronted by crushing reality as normal All Black service is resumed. But this is sport, where hope is everything.

    I believe Ireland can make history. And even if i have egg on my face after the final result comes through, non, je ne regrette rien.

    Feature Image: All Blacks rugby union team that toured the United Kingdom in 1905-6.

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  • Burren Bliss

    During a visit to the Burren in County Clare, Oliver Cromwell’s lieutenant-general Edmund Ludlow wrote of the memorable landscape that it had ‘not water enough to drown a man, wood enough to hang one, nor earth enough to bury him’. A spell on a yoga retreat might have opened his eyes to the serene natural beauty around him.

    In 1999, off a small fuchsia-fringed road near the Clare-Galway border, Dave Brocklebank found what he had been looking for at last, a haven from the turbulence of the city, and a place to realise his dream. The Burren Yoga Retreat Centre was born; where the wisdom of the East meets the wild Atlantic West of Ireland.

    Wild Atlantic Way.

    Dave and his wonderful family have invested themselves in the venture with admirable devotion, and no little sacrifice, bringing together a dedicated team to offer a retreat to enhance body and soul. I can testify to the experience affecting lasting, positive change.

    I arrived in the early evening and breathed in the clean, fragrant air. A sylvan pathway led me past moss-covered rocks to the door where I was greeted by Dave, his azure eyes brilliant pools of inner calm.

    He showed me around the recently renovated building; immaculately clean and finished to the highest standard. The objective is to be carbon neutral by 2025. The bedrooms, all newly constructed with fine-quality woodwork, very comfortable beds, and sophisticated modern touches such as underfloor heating and electric window blinds, are ample in size and bright, affording verdant vistas of lush fields and woodland. The bathrooms are sparklingly modern and elegant.

    There is a room for silent relaxation, and one for massage from a therapist who, I was assured by a repeat visitor, has “magic hands”. Upstairs is a cosy nook for reading, with numerous books on yoga and meditation. There is a comfortable lounge in which to take one’s ease and admire the treescape and mountains beyond, or chat with fellow guests. Outside is a circular, stone space for outdoor activities; a nod to our ancient forebearers and the many archaeological sites in the area.

    In the dining room, Ida, our Croatian cook, presented sumptuous and cleansing vegetation and vegan meals, produced from locally sourced and organic ingredients, all washed down with water from the well.

    Gráinne leads a class.

    The pièce de résistance is the brand-new state-of-the-art yoga studio. Here, in this large and well-lit space with enormous windows offering more expansive views of bare mountainside, and trees swaying in the breeze like seaweed in a current – Gráinne, poise and grace incarnate – gave gentle instruction in yoga and meditation, at times bathed in glorious sunlight. She is one of a team of teachers who Dave, over years of careful selection, has chosen to offer the best possible experience to well-practised yogis and novices alike.

    And then there were the daily outings. The first was to mythic Coole Park, once home to Lady Gregory and haunt of Irish literary greats, their names carved into its Copper Beech autograph tree; W. B. Yeats, Bernard Shaw and J.M Synge. We took a stroll by its otherworldly turlough (a disappearing lake), its banks ablaze with vivid green, and along its woodland paths, passing great cypresses and cedars along the way. Then lunch in the pretty market town of Gort, in the charming Gallery Café with paintings by local artists displayed on the walls.

    Clints and grykes.

    On the second day, led by radiant, soulful Erin, our guide and bean an tí, we went to Mullaghmore, to explore the renowned karst landscape of the Burren, those primordial tropical seabeds, abrim with petrified corals, urchins, and ammonites, sculpted by glaciers and carved by rainfall into incised pavements of glistening clints and grykes. The latter are fecund with long-ago deposited Connemara soil to create nurseries for the abundant flora (among them orchids, herb Robert, and honeysuckle) to jostle towards the sunlight.

    A dragonfly, tinkerbell wings of shimmering organza, sketched a perimeter around us as we walked. Upwards we climbed to the summit, horizons of wonder before us, it seemed as if we were atop the cerebral grey matter of a submerged giant.

    Returning to the road, we paused to pet some “self-walking” dogs and headed to the shore, via the house which was the location for the irreverent Irish sit-com Father Ted, enjoyed an excellent seafood lunch at Linnane’s in New Quay and later, a swim in the brisk, abluting ocean.

    Back to the centre and a yin yoga session. Given my lack of yoga over the previous months I was reminded of a quote from another famous Clint, who once growled, “a man’s gotta know his limitations”, but I was surprised to feel how my muscles and joints could be coaxed into suppleness in the right environment, and with such expert instruction.

    So if you’ve been thinking of doing yourself the favour of spending some time at a lovingly-envisaged and realised home away from home, with superb food and facilities and nestled in sublime natural beauty then this retreat is for you.

    Personally I have felt a renewed sense of corporeal freedom and am learning to transcend more easily the clints and grykes of my mind, moods, and emotions,  and am discovering a higher plane of consciousness, to operate  in the space between thoughts,

    I carry it still, this moment of bliss in the Burren. And I hope you will too.

    The Burren Yoga Retreat offers full-board stays of various lengths with expert yoga instruction throughout the year.

    All Images courtesy of the Burren Yoga Retreat.

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  • Notes to Self on the Pending Passing of a Loved One

    1. Don’t be prepared.
    2. Honour both the living and the dead.
    3. Be prepared to give offence.
    4. And to take offence.
    5. Stand your ground.
    6. Listen.
    7. Express.
    8. Accept.
    9. Don’t fall into the ground.
    10. Be kind.
    11. Leave it all behind.
    12. Enough said.

    Feature Image: Daniele Idini

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  • Covid-19 in Ireland: Pandemonium

    Robert Fisk wrote: ‘we journalists try – or should try – to be the first impartial witnesses of history. If we have any reason for our existence, the least must be our ability to report history as it happens so that no one can say: “We didn’t know, no one told us.”[i]

    To be an “impartial witness” is, of course, impossible, as Fisk concedes, but this should not deter journalists from striving for objectivity. Inevitably, reporting on “history as it happens” involves choices as to what information is recorded in the annals of daily newspapers, and decisions over whose account becomes canonical. What is left out is often as important as what is included.

    Since independence Irish journalism has often failed to interrogate the structures of power and privilege. Thus, in his seminal Ireland 1912-1985, J. J. Lee notes ‘the intellectual poverty of Irish journalism … [and] the lack of public demand for serious analysis.’[ii]

    An older generation are sometimes heard to say, “we didn’t know, no one told us”, whether concerning the treatment of children in religious institutions, or corruption in the planning process. We may be revisiting a tendency to sugar-coat our reality in the Irish media’s broadly self-congratulatory response to Covid-19.

    Writing a first draft of history, in Pandemonium: Power, Politics and Ireland’s Pandemic Jack Horgan-Jones and Hugh O’Connell, Irish Times and Irish Independent journalists respectively, offer an insider account of truly unprecedented times. The book recalls how the spectre of a devastating pandemic gives way to a realisation that democracy and the rule of law were undermined amidst extraordinary rules that deliberately orchestrated social atomisation, with unpredictable consequences. But it avoids addressing whether we were duped into an apparently popular commitment to lockdowns.

    Anyone governing Ireland throughout the period of the pandemic would naturally wish for their choices to be vindicated, especially the approach of permitting civil servants and technocrats to make many, if not most, difficult decisions; while riding roughshod over fundamental rights to associate, travel and conduct business freely, seemingly with popular consent, however manufactured.

    As an early assessment, drawing on interviews with many key players, Pandemonium arguably suffers from its proximity to sources. After all, access is only granted to the chosen few. A reputation for being ‘difficult’ is not a recipe for a successful career in mainstream Irish journalism. This perhaps accounts for Pandemonium’s generally muted and conditional criticism.

    Nevertheless, the book brings to light important information, including an unpublished report cataloguing the catastrophe that ensued in many care homes in the early months of 2020.

    To explain the disproportionate – at times self-harming – Irish response to the pandemic a future historian might explore a Catholic inheritance conditioning acceptance of the Original Sin of asymptomatic spread; the Holy Water of hand sanitisers; the Heresy of the unvaccinated; and the Benediction of (repeated) vaccination. Our future historian, or anthropologist, might also note the Obscurantism of a dominant Hierarchy that denied the ‘snake oil’ of antigen testing; the extreme unlikelihood of outdoor transmission, and immunity conferred by natural infection.

    “The big calls”

    The authors maintain that ‘The majority of the big calls were correct.’ This judgment is made, notwithstanding the decision, ‘to clear out hospitals to prepare for a surge in admissions by decanting large numbers of elderly and vulnerable patients into nursing homes’. It should also be noted that CMO Tony Holohan ordered care homes to re-open to visitors in March, 2020. These policies contributed to Ireland suffering the second highest proportion of care home deaths in the world during the first wave.

    To arrive at a broadly positive assessment the main metric the authors use is comparative mortality attributed to Covid-19. However, besides serious questions over how mortality from Covid-19 has been assessed globally – dying ‘from’ or ‘with’ – this ignores how with Europe’s youngest population Ireland ought to have been the least susceptible to mortality from the disease.

    As a Nature article put it in August, 2020: ‘For every 1,000 people infected with the coronavirus who are under the age of 50, almost none will die.’ Indeed, from March to June, 2020, 96% of additional deaths related to Covid-19 in Europe occurred in patients aged older than 70 years.

    Europe’s youngest population were forced to contend with some of the most draconian laws in the world. An Author’s Note contains analysis of Oxford University’s stringency data which shows among comparator countries in the EU27 and UK that Ireland had the most restrictive regime for 121 out of 685 days, and was joint fourth overall behind Italy, Greece and Germany. Based on other criteria, the regime may have been even harsher.

    Initially, the old were to be sacrificed for the sake of the young, but ultimately it would be the young who would be compelled to put their lives on hold for the sake of the old. Some will never recover. The disgrace is that no serious cost-benefit analyses were conducted during what the authors accurately characterise as enduring pandemonium.

    The decision to empty hospitals in March, 2020 may have been medically justifiable; the real problem lay with the state of the health service, and an incorrect assessment of the danger posed by Covid-19. An ongoing failure to resource emergency medicine, resulted in a perceived dependence of lockdowns that failed to take account of seasonality.

    Rather than attempting to make a virtue out of what was surely possible in outdoor spaces the authorities adopted a no-can-do attitude that ramped up the misery.

    Deep Background

    A ‘Note on Sources’ says:

    The majority of interviews that took place for this book in 2021 and 2022 were conducted under the journalistic ground rule of ‘deep background’. This means that all the information people told us in interviews could be used, but it could not be said who provided it.

    In other words, political and senior civil service sources were at times unwilling to speak on the record, but nonetheless grasped an opportunity to manage the message, and offset any potential for reputational damage.

    We can only guess at who featured most prominently in these “deep background” interviews, but the imprint is unmistakable of core Fine Gael players in the initial, caretaker government; as well as senior civil servants, including the all-powerful Cabinet Secretary Martin Fraser.

    The authors do acknowledge that a very dangerous precedent was set in terms of powers being appropriated for long periods by unelected civil servants – and one man in particular – with only tenuous claims to expertise in infectious disease management.

    Perhaps the most shocking aspect – previously revealed in Richard Chambers’s account – was the exclusion of successive Ministers of Health from NPHET, the all-powerful group for which there was no cabinet approval or even a ministerial order underpinning its establishment.

    Yet we must wait until the Epilogue for the stark admission that ‘Some of the most drastic, expensive and cruel policies ever imposed by the State were arrived at within a system that was ad hoc and could be haphazard.’

    Dictatorial                                                                                                                        

    CMO Tony Holohan became the public face of the state’s response from early on, and this book confirms his dominance over decision-making. The CMO called the shots and assembled a team to carry out his orders.

    His decision to appoint Professor Philip Nolan – ‘The pair had known each other for years’– to oversee disease modelling ought to have prompted concern. Nolan was then President of Maynooth University, his ‘research was in physiology – specifically the control of breathing and the cardiovascular system during sleep.’ With no research background or expertise in infectious diseases Nolan’s wayward models – and bizarre commentary on antigen testing – informed Irish government decisions throughout the pandemic.

    According to the authors, ‘almost everyone who attended NPHET meetings agreed on one thing above all others: a Tony Holohan production.’ An unnamed source described his style as ‘very dictatorial and autocratic,’ and ‘intolerant of alternative views.’

    One NPHET member, Kevin Kelleher, was prepared to go on the record saying: ‘I felt the debate was controlled to ensure certain outcomes were achieved.’ Thus, he felt frustrated when arguing that testing policy should have look ‘more like how the HSE tests for other infectious diseases.’

    Holohan, the son of a Garda, enjoyed ‘a good relationship’ with Garda Commissioner Drew Harris, who baulked at the former’s early attempts to prevent people from leaving the capital. Harris was apparently unwilling to impose blanket travel restrictions ‘on the basis that it could lead to Ireland becoming a police state.’ Initial reluctance to impede free movement – and become a police state – appears to have receded as the pandemic went by. Police checkpoints became a familiar sight across the country.

    The relationship between Holohan and the Gardaí was put in sharp focus when a tweet by the CMO complained of scenes reminiscent of Jones’s Road on the day of an All-Ireland preceded a Garda baton charge on South William Street in Dublin.

    Young people were grasping a rare opportunity to socialise in bizarre circumstances where pubs were permitted to serve takeaway pints but not allowed to provide outdoor seating. It came after many months of having their lives drastically impacted by restrictions.

    The contempt of one deep source for the hoi polloi is unmistakable: ‘Tony might have phrased the tweet a bit better … Basically South William Street became scumbag central, for want of a better phrase, so that’s where we had to focus the policing effort.’

    Infection Fatality Rate

    As misleading accounts of the infection fatality rate of Covid-19 informed Western governments in spring, 2020 – especially via the famous, non-peer-reviewed Imperial College paper authored by Neil Ferguson which claimed an IFR of 0.9% – a global pandemonium of toilet roll buying proportions ensued. In early March Taoiseach Leo Varadkar’s forecast that 85,000 people could die from the coronavirus in Ireland (over three times as many as died during the Spanish influenza pandemic). Having initially downplayed the challenge, his caretaker government were seemingly inclined to induce fear, which generates its own pathologies.

    Based on what we now know were incorrect – duplicitous or otherwise – epidemiological assessment, many in positions of authority appear to have genuinely believed Neil Ferguson’s contention that Covid-19 represented “the next big one” – a re-run of the dreaded Spanish Influenza pandemic that took up to fifty million lives in 1918-19; as opposed to one similar to the Chinese and Hong Kong influenza pandemics episodes of the 1950s and 1960s.

    Excess death is the best measurement of mortality during a pandemic. According to a global analysis of Covid-19 by Professor Lone Simonsen this pandemic has had ‘nowhere near the death toll of the pandemic of 1918.’ In Ireland in just one year of that outbreak 23,000 died, many of them young, whereas the mean age of death in Ireland from Covid-19 was eighty just two years younger than the average age of death,  while the level of excess mortality is considerably lower than the number of deaths attributed to Covid-19.[iii] This has led the Mayo Coroner to object that Covid deaths were being skewed by other illnesses.

    Sadly, as the Swedish epidemiologist John Giesecke pointed out in an interview aired on Sky News Australia in April 2020, governments around the world seemed to be assuming that people were stupid. Giesecke also argued that authorities were failing to consider how they would end their reliance on lockdowns. He pointed to Swedish data showing that between 98 and 99% had either no symptoms or only mild symptoms from Covid-19, and guessed the IFR would turn out to be 0.1%, which now appears a reasonable approximation.

    In contrast, as late as September, 2020 RTÉ’s Fergal Bowers was stating: ‘The World Health Organization says data to date suggests 80% of Covid-19 infections are mild or asymptomatic, 15% are severe infection, requiring oxygen and 5% are critical, requiring ventilation.’ Remarkably, Bowers seems to have copy and pasted this from a seriously out-of-date WHO Situation Report from March 6th, 2020, stating ‘data to date suggest that 80% of infections are mild or asymptomatic, 15% are severe infection, requiring oxygen and 5% are critical infections, requiring ventilation.’

    It’s unlikely Bowers was working alone. Pandemonium reveals an early communications plan involving John Colcannon, indicating there would be ‘close collaboration’ with RTÉ in particular. This would be ‘critical to informing the public and helping in the national effort to respond.’ “Informing the public” did not necessarily mean a truthful account.

    It is also notable that Martin Fraser wrote that ‘RTÉ’s financial issues from the Covid-19 crisis will have to be dealt with.’ The state broadcaster acted as a conduit for government press releases and leaks, faithfully broadcasting case numbers and deaths in almost every bulletin, without questioning their reliance on a highly unreliable PCR test. The main newspapers, receiving tens of millions in government advertising throughout, also faithfully headlined the daily case numbers and death figures.

    The authors argue ‘the scenes from Bergamo were conditioning the State’s early response’, but it appears to have set the tone throughout, as politicians handed power to civil servants who tore up the social contract, amidst hysteria that owed a great deal to the penetration of social media in our lives.

    Although expensively assembled Covid self-isolation facilities and field hospitals went largely unused throughout the pandemic, the authors do not question a dominant narrative that without near-constant lockdown Irish hospitals would have been completely overwhelmed.

    Yet a recent ‘natural experiment’ carried out in the UK casts serious doubt on this orthodoxy. In a Guardian article clinical epidemiologist Raghib Ali outlines how, despite removing all, or most, restrictions in the summer of 2021, England actually had better outcomes than other UK regions:

    England has actually had a similar rate of infection and a lower rate of Covid deaths during the Omicron wave – and since 19 July 2021, England’s “freedom day” – than Scotland, Wales and Northern Ireland, despite having far fewer mandatory restrictions, and none after 24 February. This “natural experiment” shows that having more mandates did not lead to better outcomes.

    It seems that once a generally mild respiratory virus such as Covid-19 becomes endemic restrictions have only a marginal effect.

    Loss of Proportionality

    In Ireland once lockdowns were normalised proportionality went out the window. We learn that an early influencer in this regard was Kevin Cunningham, a Dublin-born, Oxford-educated statistician – with no expertise in infectious diseases – who had previously founded Ireland Thinks with Ed Brophy, then advisor to Paschal Donohoe. Brophy had previously served as Joan Burton’s chief of staff.

    Informed by erroneous early modelling that took no account of distinctive social and environmental conditions, Cunningham wrote a series of emails to Varadkar in February painting a doomsday scenario.

    Cunningham was also able to convince Brophy that ‘Nobody will blame the government for taking too many precautions on coronavirus.’ This led Brophy to text his Taoiseach Varadkar – who was receiving less stark advice from his own public health official – to the effect that ‘We really need to fucking move on this.’

    The calculation, cynical or otherwise, of the governing class in Ireland was that no one would blame them “for taking too many precautions.” This informed one of the most stringent responses of any country in the world. A cowed and misinformed public would accept whatever medicine was applied, with opponents castigated as libertarians or far-right conspiracy nuts.

    Fault also lay with the failure of the opposition to articulate alternatives to lockdowns, especially after the Utopian ideal of ZeroCovid zealots gained traction among smaller left-wing parties, while Sinn Fein seemed unwilling to gamble on an alternative strategy.

    It certainly didn’t help having a bumbling Boris Johnson promoting a herd immunity strategy, or Donald Trump musing on the benefits of bleach. Nor was any argument for moderation helped by a far-right extremist such as Gemma O’Doherty launching foul-mouthed tirades at Garda checkpoints.

    Thus, Ireland was locked down and ordered to await our Saviour: the vaccine. Yet according to Peter Doshi in an article British Medical Journal in October, 2020, trials were not even designed to tell whether it would save lives.

    Pharmaceutical Industry

    As a trained doctor, Varadkar commanded respect during a pandemic that saved his political career. Troublingly, however, Pandemonium reveals his contacts with Pfizer executives, a company which stood to profit enormously from any vaccine – notwithstanding that the benefits could be quite marginal. Notably, despite a widely lauded vaccination roll out, restrictions stretched on, seemingly interminably, from January 2021 until almost the entire population had been infected by the highly transmissible Omicron variety. This seems to have finally dispelled the sense of dread associated with the virus.

    We learn that in September, 2020 Varadkar ‘had been told by Paul Reid (no relation of the HSE’s Paul Reid) that a vaccine would be ready by the end of the year.’ Varadkar appeared to regard the regulatory process as a mere formality. Perhaps he was right.

    In an article for Forbes in September 2020, praising the ‘unusually transparent action’ for a Covid-19 vaccine trials, William A. Heseltine a former professor at the Harvard School of Medicine wrote: ‘close inspection of the protocols raises surprising concerns. These trials seem designed to prove their vaccines work, even if the measured effects are minimal.’

    He went on to point out that ‘prevention of infection is not a criterion for success for any of these vaccines.’ In fact, ‘their endpoints all require confirmed infections and all those they will include in the analysis for success, the only difference being the severity of symptoms between the vaccinated and unvaccinated.’

    He added that

    Three of the vaccine protocols—Moderna, Pfizer, and AstraZeneca—do not require that their vaccine prevent serious disease only that they prevent moderate symptoms which may be as mild as cough, or headache.

    Furthermore, in October leading health experts in the U.S. sent a public letter to Pfizer warning against a premature application that ‘would severely erode public trust and set back efforts to achieve widespread vaccination. In short, a premature application would prolong the pandemic, with disastrous consequences.’

    Yet Varadkar, like Trump, seemed convinced – based on his contacts with a Pfizer executive as opposed to analysis of trial protocols – that a panacea was on the horizon. What we may have got was a confidence trick, upholding the already tarnished reputation of evidence-based medicine.

    The orthodoxy that the vaccine represented the one and only solution became an article faith among the Irish governing and media class, justifying the stringency of restrictions and erosion of fundamental rights that culminated in vaccine passports and sinister broodings in leading newspapers on the mandating of vaccines.

    The authors maintain the party line that Pfizer’s vaccine was ‘incredibly effective’, yet seem perplexed that by late 2021 ‘Ireland was caught in the bizarre situation of having among the highest vaccination rates in the developed world, but again being imperilled by rising case loads and a health service that was struggling to cope.’

    Micheál Martin

    Taoiseach Micheál Martin played a less prominent role than his predecessor Leo Varadkar. He may be praised for lifting almost all restrictions at the end of January, 2022, when it could have been politically expedient to maintain a few in the face of continued hysteria. He also placed an ‘unrivalled emphasis on keeping schools open,’ which begs the question: how long would closures have continued otherwise?

    Less commendable, was Martin’s tendency to take refuge in sacred public health advice supplied by Bishop Tony. He also played a curious role in the introduction of face mask mandates. We learn that Martin’s phone had been ‘buzzing with texts from his sister-in-law in Singapore. ‘Masks, masks, masks,’ she told him.’

    Earlier, Martin Cormican informed NPHET that, ‘if there is a benefit, it is very small’, and that ‘widespread mask use also rapidly degenerates with poor practice, which could increase the risk of Covid-19 transmission.’

    Yet, desptie a broad scientific consensus as to their irrelevance prior to 2020, reiterated by the expert advice of Professor Carl Heneghan at the Dáil Inquiry in the summer of 2020, Ireland followed many countries in introducing mandates that summer. Here again, it is notable that the Swedish authorities adopted an alternative approach. Decisive evidence for the efficacy of face masks remains elusive. An analysis of six studies found a risk of bias ranging from moderate to serious or critical. Perhaps the public health rational was simply to induce fear of social interaction.

    We also learn of Angela Merkel ringing up the Taoiseach to air her concerns about the Irish case trajectory in the Christmas of 2020, and Martin recalling her bringing this up again ‘at the bloody EU Council meeting.’ Merkel appeared to be demanding a level of stringency in other European states that ignored wider impacts. Just as during the era of austerity, the Irish government would endeavour to be the best boy in the European class and disregard the consequences.

    Non-Sterilising Vaccines

    Non-sterilising Covid-19 vaccines, which do not prevent onward transmission of the virus, may have only made a marginal difference to the global mortality toll. Evidence to the effect that the main (Pfizer) vaccine saves lives, or even prevents hospitalisations, also remains equivocal.

    In January, 2021, Peter Doshi and Donald Light in the Scientific American objected to the undermining of ‘the scientific integrity of the double-blinded clinical trial the company—and other companies—have been conducting, before statistically valid information can be gathered on how effectively the vaccines prevent hospitalizations, intensive care admissions or deaths.’

    A Lancet article distinguishes an absolute risk reduction of approximately 1% from the relative risk reduction of c. 95%. Yet mainstream media outlets invariably quote relative risk reduction, while conspicuously ignoring reports of trial irregularities that emerged in the medical literature.

    Mainstream Irish media failed to interrogate the efficacy of these pharmaceutical products. In the Irish Times on October 28, 2020, Kathy Sheridan – before regulatory approval had been granted – went so far as to write: ‘One thing is clear, even when a vaccine emerges the mother of all marketing and reassurance jobs will be required.’

    That a member of the fourth estate considered marketing a medication to be her role is quite disturbing, especially given the adverse reactions that previously occurred in the wake of a vaccine being rushed to market in response to the Swine Flu Pandemic-that-never-was. Unsurprisingly, no attention was given in the Irish media to early reports of serious adverse reactions among elderly patients.

    Against the Grain

    The authors of a book such Pandemonium were unlikely to go against the grain, and question foundational assumptions that still underpin most Irish people’s understanding of the nightmarish years – at least for some – of 2020-2021. Nonetheless this is an important source explaining how Ireland was governed during the period.

    It should be acknowledged that the complexity of scientific debates underpinning the response to Covid-19 are challenging for over-worked journalists tasked with filing daily stories. Inevitably journalists rely on expert accounts. But this should be accompanied by an awareness that scientific discourses are never entirely objective, and that expertise is subject to regulatory capture and other forms of corruption, especially where the legendarily corrupt pharmaceutical industry is involved.

    A major problem, particularly during the crucial early stages of the pandemic, was a global scientific groupthink that came about through passive and active censorship of viewpoints that questioned the WHO’s global response of promoting lockdowns. Instructively in April, 2020 Stefan Baral, an epidemiologist and associate professor at Johns Hopkins Center for Global Health, wrote a letter about the potential harms of lockdowns which was rejected from more than ten scientific journals (and six newspapers). Baral recalls, ‘it was the first time in my career that I could not get a piece placed anywhere.’

    He also recalled that, ‘highly anticipated results of the only randomized controlled trial of mask wearing and COVID-19 infection went unpublished for months.’ Accordingly, the ‘net effect of academic bullying and ad hominem attacks has been the creation and maintenance of “groupthink”—a problem that carries its own deadly consequences.’

    The big lie was that we were all in this together. Notably the world’s top ten richest men doubled their fortunes during the pandemic, while the incomes of 99% of humanity fell. It was a particularly lucrative period for pharmaceutical companies, including one partly owned by Professor Luke O’Neill, a go-to figure for the Irish media, who emerged as a latter day Father Brian Trendy complete with guitar band.

    To date there has been an inadequate global reckoning over what happened in response to Covid-19. As in the wake of the last Financial Crisis, it seems that certain institutions and reputations are ‘too big to fail.’

    In Ireland, meanwhile, we appear to have “moved on” from the pandemic without any serious interrogation of what has occurred. It seems astonishing that the state could have spent close to €1 billion on PPE in 2020 alone without there being a serious inquiry into the procurement process.

    A proper national conversation might explore distinctive cultural tendencies that reasserted themselves in a period of crisis. That evaluation is left to future historians. Then we may well hear the cry once more: “We didn’t know, no one told us.”

    Feature Image: (c) Daniele Idini

    [i] Robert Fisk, The Great War for Civilisation, (Fourth Estate, London, 2005) p.XXV

    [ii] Joe Lee, Ireland 1912-1985: politics and society (Cambridge, 1989) pp.605-607

    [iii] Worldometre attributes 1,736 deaths to COVID-19 by December 31st, 2020. But the level of mortality through the years 2018-2020 (2018: 31,116; 2019: 31,134; 2020: 31,765) show little difference.