Tag: Cassandra Voices Irish politics

  • When will Micheál Martin’s epitaph be written?

    Last November, in one of his final outings as Taoiseach, Micheál Martin delivered the annual Romanes Lecture at Oxford University. It’s unusual to find a senior Irish politician laying out a political philosophy, and for this he deserves credit, even if I take issue with his claim to occupying a ‘liberal’ middle ground.

    It reveals a politician of serious intent, at least compared to Leo Varadkar, who consented to a premature biography, containing hostages to fortune. Like Robert Emmet, Micheál Martin has, thus far, left no epitaph as a ‘weapon in the power of envy.’ This is despite a personal history that could easily evoke public sympathy.

    Since the nadir of the 2011 election, when Fianna Fáil won just 20 seats with 17.6% of the vote, Martin has steadied that ship; winning 44 seats with 24.3% of the vote in 2016, and 38 seats with 22.2% in 2020, in the face of Sinn Fein’s surge.

    Importantly, during this holding pattern, Martin has restored the party’s access to levers of power and patronage. A romantic yearning for an overall majority associated with the leadership of Charles J. Haughey is a distant memory. In its place, we find steely pragmatism under Martin.

    One commentator recently argued that Martin, ‘has remade Fianna Fáil from a party with pretensions of national leadership into a reduced but successful vehicle for its leader.’ This seems unfair. It is difficult to imagine any leader re-invigorating the party sufficiently to remain ‘the natural governing party’ after the car crash years of Bertie Ahern and Brian Cowen.

    Whatever about the morality of the issue, Martin’s decision to endorse the Repeal of the Eighth Amendment in 2018 – in contrast to the majority of his parliamentary colleagues – was politically astute, given the low age profile of the ‘yes’ vote.

    Nevertheless, Fianna Fail is still struggling to attract younger voters, remains moribund in Dublin and vulnerable to rural independents. It is still being argued that a party lacking obvious rising stars could cease to exist. A competent leader, however, cannot be blamed for the relative mediocrity of his colleagues.

    Martin’s relationship to his lieutenants recalls a story about Charlie Haughey bringing his cabinet to the exclusive Coq Hardi restaurant. The princely Haughey ordered Steak Tartar, and when asked, “what about for the vegetables?”, replied “they won’t be dining.”

    Moreover, Martin’s personal approval ratings consistently exceed those of the gaff-prone Leo Varadkar. This has implications for the forthcoming general election, when we may expect presidential campaigning, with relentless media focus on the strengths and weaknesses of the main party leaders.

    Finally, when it comes to deciding the composition of the next government, Martin’s Fianna Fáil is in less of an ideological straightjacket than Fine Gael. With an election looming, Martin may be happy to occupy a putative political centre, while watching sparks fly between Sinn Féin and Fine Gael.

    Charles J. Haughey in 1989.

    Embattled

    Thus, in the Romanes Lecture Martin lays claim to what he describes as an ‘embattled liberal middle ground’, pointing to threats posed by the technological rupture of the Internet and nefarious Russian interference in our democracy. These developments he ties to the recent political earthquakes of Brexit and the Trump Presidency, as well as the expression of conspiracy theories.

    This familiar narrative contains some truth, but ‘an angry public discourse’ in most countries can be traced primarily to a decline in manufacturing and heavy industry, the widening gap between rich and poor and a global housing crisis.

    Martin nonetheless contends: ‘In terms of basic concerns such as incomes, life expectancy and education, the scale of progress over the last century is beyond anything which was predicted, yet this is largely absent from the public discourse’.

    This idea that we have ‘never had it so good’ ignores that since the 1970s real wages have barely budged; life expectancy now appears to be declining, in the U.S. at least; and how in Ireland we have an education system designed to produce nothing more than ‘second class robots’, according to an OECD expert. And that is to ignore more existential threats such as climate change.

    He weakly recalls ‘the best’ losing ‘all conviction’ from W.B. Yeats’s ‘The Second Coming’, a poem anticipating the victorious march of ideologies such as Communism and Fascism in the 1920s. Today, in contrast, we find a distinct absence of fixed ideologies animating the ‘Populist’ movements Martin decries.

    Thus, Martin’s broad-brush account of Populism joins left (including Sinn Féin presumably) opposition with that on the right, to a point where, it seems as if anything other than his own centre-right viewpoint is, at best, fiscally irresponsibility, or, at worst, a ‘threat to core principles of liberal democracy.’

    Implicitly, any deviation from a neoliberal consensus reigning ascendant in Washington and Brussels is illegitimate. This amounts to a denial of a core principle of democracy: the sovereignty of the people in determining policy decisions through their elected representatives; as opposed to politicians facilitating a permanent government of unelected civil servants and unaccountable corporations.

    Martin with Ukrainian President Volodymyr Zelenskyy in Kyiv, Ukraine in July 2022.

    Undermining Democracy?

    Furthermore, Martin’s assessment that ‘the efforts by autocratic governments to undermine democracies is a relatively recent development in terms of its scale and ambition’ absolves the U.S. from responsibility for its long-standing interference in democracies, including Ukraine. He expresses no condemnation for the U.S. hatching coups.

    Moreover, according to the American Bar Association: ‘Special counsel Robert Mueller’s investigation did not find sufficient evidence that President Donald Trump’s campaign coordinated with Russia to influence the United States’ 2016 election and did not take a clear position on whether Trump obstructed justice.’ Thus, to insinuate otherwise is simply a conspiracy theory.

    A lack of perspective is also evident in his contention that ‘Russia’s escalation of its eight-year war against Ukraine draws on a vision of restored imperial grandeur, but it is ultimately more about the desire to prevent liberal democracy succeeding in a former imperial domain.’

    This disregards an obvious reason for the invasion, anticipated by, among others, George Kennan the architect of containment: the prospect of NATO expanding as far as the Russian frontier. Democratically elected, or otherwise, any Russian leader would object to this. This is not to justify the invasion, but to explain it.

    We might reasonably expect greater historical insight from a holder of an MA in the subject. Approval for Timothy Snyder’s ‘wonderful work in linking historical insight to contemporary action’ suggests he is not reading widely enough.

    A withering 2018 assessment of Snyder by Research Professor and Director of the Institute for European, Russian and Eurasian Studies at the George Washington University Dr Marlene Laruelle is worth recalling:

    The fact that Timothy Snyder is an influential public intellectual and respected historian is no reason for scholars not to challenge his facile and polemical analysis of the contemporary Russian state … Distortions, inaccuracies, and selective interpretations do not help illuminate what motivates the Russian leadership’s self-positioning on the international, and in particular the European, scene. Simplistic reductionist techniques and invalid reasoning further confuse the analysis—and bias policy responses.

    The hawkish Snyder recently dismissed the danger of nuclear weapons being used in the Russian-Ukrainian conflict, blithely claiming a nuclear bomb ‘would make no decisive military difference.

    Martin meets with U.S. President Joe Biden at Carlingford Castle in April 2023.

    Atlanticist

    It might be noted that in 2003, immediately after the illegal U.S. invasion of Iraq that caused up to one million deaths, as Minister for Health and Children, Micheal Martin voted alongside his government in favour of a motion endorsing ‘the long-standing arrangements for the overflight and landing in Ireland of US military and civilian aircraft’ – essentially sanctioning the refuelling of U.S. jets in Shannon.

    During that debate then Fine Gael leader Enda Kenny warned perceptively that the U.S. invasion invited anarchy in the global system. Indeed, it is believed to have had a significant effect on the psychological and political climate in Russia.

    It should also be noted that as chair of the U.S. Senate Committee on Foreign Relations then Senator Joe Biden actively championed the invasion of Iraq. As President he has included in his cabinet neoconservative hawks, such as Assistant Secretary of State Victoria Nuland, who was U.S. Permanent Representative to NATO from 2005 to 2008. In early 2008, NATO promised Ukraine and Georgia they would one day join the alliance ‘after rebuffing U.S. demands to put the former Soviet republics on an immediate path to membership.’

    Both as Taoiseach and now as Foreign Minister Martin has proved a staunch ally to the Biden administration, using Ireland’s platform as a member of UN Security Council to argue that Russia’s conduct could not be reconciled with its place on the Security Council. This hardly enhances the prospect of Ireland ever using its non-aligned status to work as an intermediary for a negotiated settlement to the war.

    Any Irish leader is likely to bow to realpolitik considerations, but Martin might have done well to peruse the response of his former party colleague, and Minister for Foreign (or External) Affairs, Frank Aiken to the U.S.-funded Bay of Pigs invasion of Cuba in 1961.

    In the U.N., Ireland supported the U.S. position, but Aiken also expressed an understanding of the Cuban reaction. He counselled the Cubans on the fundamentals of de Valera’s neutrality policy, specifically towards our own large neighbour: ‘That principle was that under no circumstances would we allow our country to be used as a base for attack against our neighbour Britain … It has special validity in the case of small countries placed beside powerful neighbours with whom they have disputes or disagreements.’

    The same logic might apply to a smaller country such as Ukraine, offering a base from which NATO could attack its powerful Russian neighbour. Martin might have let it be known that Ireland favoured de-escalation, acknowledging Russia’s anxieties arising out of a collective memory of World War II, when the Soviet Union suffered up to 27 million deaths at the hands of the Nazis and their allies. Instead, we hear unrelenting belligerence towards Russia – including an apparent disavowal of Irish neutrality.

    Also in that lecture, Martin referenced the apparently undifferentiated views of the people of Ukraine:

    Just as they did in 2014, the people of Ukraine have been willing to sacrifice everything because they want to secure a free and prosperous future for their country.

    This ignores that the (pro-Russian) Viktor Yanukovych won the 2010 Presidential elections, and was removed from power by force, provoking a bloody civil war that witnessed up to 14,000 deaths. Sadly, Martin coarsely labelled T.Ds in Dáil Eireann challenging his preferred narrative ‘Putin’s Puppets, a remark surely contributing to “an angry public discourse.”

    Image: Daniele Idini.

    Liberalism?

    In the Romane Lecture, Martin argues that the liberalism he espouses ‘is a set of values which inherently respect the legitimacy of diverse political and social views.’ But this hardly tallies with his record as Taoiseach.

    The reaction of the Irish state under Martin as Taoiseach to Covid-19 can hardly be described as liberal. Lockdowns, vaccine passes and forced quarantine for travellers in reception facilities were unprecedented interventions by the State into people’s private lives.

    Doubtless, he would argue that a test of proportionality applied. In the lecture he maintains that COVID-19 ‘presented just as serious a threat to governments and institutions’ as the Spanish Influenza pandemic.

    The Spanish Influenza (H1N1) pandemic of 1918-19 carried off an astonishing fifty million people, most of whom were in the prime of their lives. In contrast, globally, there have been just under seven million confirmed deaths ‘with’ Covid, the vast majority over seventy years of age and suffering from significant co-morbidities. This at a time when the global population is six times that of 1918.

    We find further pieties from Martin such as condemnation of ‘widespread attempts to question core public health advice and to spread doubt about the efficacy of vaccines and the intent behind them.’ Unrestrained scientific debate is surely a key feature of liberalism.

    Martin also claims, without evidence, that ‘the measure of the response of democratic societies to the pandemic can be seen in millions of saved lives and livelihoods.’ In fact, according to one recent study lockdowns prevented just 0.2% of deaths in Europe during the first wave. Moreover, excess deaths have increased steeply across Europe since the end of the pandemic, indicating that lockdown measures produced serious harms.

    The Irish economic model remains highly dependent on foreign direct investment, including from pharmaceutical companies such as Pfizer. Martin may consider preserving their goodwill to be his priority.  But it leaves him open to the accusation that he is, at the very least, inadequately attentive to the conduct of companies with a long record of corruption, and criminality.

    Martin showed poor judgment as Taoiseach during Covid-19, invariably resorting to draconian interventions. Thus, Ireland became the first European country to re-enter lockdown in October, 2020, based on speculative projections. Then he promised a ‘meaningful Christmas’ later that year, when opening up prior to the annual winter respiratory season, generating the world’s highest Covid rate.

    Commendably, Martin ‘placed an unrivalled emphasis on keeping schools open,’ but he played a curious role in the introduction of face mask mandates. In Pandemonium: Power, Politics and Ireland’s Pandemic by Jack Horgan-Jones and Hugh O’Connell 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, however, Professor 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.’

    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 under Martin endeavoured to be the best boy in the European class and disregarded the consequences.

    Paddy Cosgrave in 2022.

    Pervasive Division

    As a politician who has survived in government, and as leader of Fianna Fáil, for longer than most, Martin obviously recognises the importance of maintaining warm relations with the press corps. Critical, or investigative, journalism, however, would hardly be a welcome intrusion into his affairs. The press, as the editor of the Times wrote in 1852, ‘lives by disclosure … The statesman’s duty is precisely the reverse.’

    Martin nonetheless said:

    Support for professional and independent journalism has become an urgent need in our societies. We can see what happens when we no longer put value on journalism which takes time, involves expertise and operates to high ethical standards. The dominance of current affairs by partisan media or by a limited number of the wealthiest in our societies is always destructive.

    His recent broadside, however, impugning the motivations of Paddy Cosgrave, Chay Bowes and The Ditch, delivered under Dáil privilege, is more revealing of his attitude. This further lapse into participation in “an angry public discourse” was criticised by the National Union of Journalists.

    Associating the Ditch’s impressive record of exposing corruption with Russian interference is a worrying sign of Martin being prepared to employ ‘McCarthyite’ tactics.

    Martin refers to ‘a pervasive division in public discourse is directly undermining the ability to develop effective responses to complex problems.’ His problem is that young people, in particular, angrily contest the effectiveness of his government’s response to these complex problems.

    In his role as Minister for Foreign Affairs and Tánaiste Micheál Martin may be somewhat insulated from the enduring failure of the Irish government to deliver on housing, which is now being preyed on by an incipient far right. But possessing an ability to survive in Irish politics is surely not the only epitaph he craves.

    Micheál Martin may only consent to his epitaph being written once a majority of the young people of Ireland look forward optimistically to a reasonable standard of living under a Fianna Fáil-led government. Unless there is a significant change in circumstances, however, any second coming for him as Taoiseach appears remote.

    Feature Image: Martin with U.S. President Joe Biden virtually on St Patrick’s Day in 2022.

  • OPLA: An Oireachtas within the Oireachtas

    Since my last article detailing the manner in which the Office of Parliamentary Legal Advisor (OPLA) has been eroding Irish democracy, I have become acquainted with the Dunning Report (Capacity Review of the Office of the Parliamentary Legal Advisor (OPLA) of the Houses of the Oireachtas) of December 2016.

    This recommends a very modest expansion to the Office. Its main recommendations have, however, been ignored. The Office we are left with is an authoritarian, over-sized entity that inhibits the capacity of elected representatives to ask parliamentary questions, at a significant cost to the exchequer and in breach of the separation of powers.

    Moreover, there is little evidence, as we will see, that its ostensible purpose of assisting Dáil deputies – unaligned or from minority groupings – to pass private members bills is being fulfilled.

    The key recommendations of the Dunning Report are as follows:

    • That OPLA, which then had eight legal staff, should not be put on a statutory footing.
    • That OPLA should remain an independent entity.
    • That OPLA should be expanded incrementally, over a number of years
    • That this should be reviewed eighteen months after its modest expansion.
    • That it would go from the eight legal personnel in 2016 to a maximum of eleven, and that two additional administrative staff should also be assigned.
    • That the cost of this modest expansion should not exceed a quarter of a million euro per annum.

    The Dunning report allegedly emerged out of a sub-committee on Dáil Reform, chaired by Cheann Comhairle Seán Ó Fearghaíl in 2016. The sub-committee met for the last time in May 2016. Dunning worked on their recommendation. The key recommendation was for a modest expansion to OPLA to assist with Private Members Bills.

    However, by 2018 OPLA had already taken on an additional sixteen legal personnel from eight to twenty-four, thirteen more than Dunning had recommended. The high cost of this was signed off on by the Department of Public Expenditure and Reform, under Robert Watt as Secretary General and Accounting Officer.

    OPLA appears to be the creation of the Dáil Clerk Peter Finnegan and the incumbent Cheann Comhairle Seán Ó Fearghaíl, who have completely departed from the Dunning recommendations.

    Remarkably, the required legislation received no scrutiny and there were no committee stages. It was signed into law by the President on December 27, 2018. Its effect is that the Oireachtas is now often limited to rubber-stamping bills.

    I have written to Seán Ó Fearghaíl several times since last November regarding my own inability to have the Dáil records corrected, where parliamentary questions have been undermined for over two years now. He has not replied.

    Constitutional Crisis

    It is no exaggeration to say we are in the midst of a constitutional crisis, and that the Cheann Comhairle, the Leas Cheann Comhairle and the Dáil Clerk are all involved.

    In its current configuration OPLA is an unconstitutional, legal hit squad, sabotaging the operation of the Oireachtas. It has no business involving itself in parliamentary questions or committees. Its role ought to be confined to giving legal advice to members drafting Private Members Bills.

    Having failed to conform to the Dunning recommendation, it should now be disbanded forthwith. Its chief officer Melissa English should not be working with and reporting to the Dáil Clerk, and nor according to Dunning should she have statutory powers.

    It seems that anyone now raising parliamentary questions (PQs) on any matter that senior civil servants wish to hush up are being undermined by the Cheann Comhairle, the Leas Cheann Comhairle and the Dáil Clerk, as well as OPLA.

    I previously (unsuccessfully) attempted to ascertain via PQs how many bogus doctors have been used across state agencies over the past three decades. This caused the legal heavy gang to fire off threats in an area over which they have no jurisdiction.

    Standing Orders were infringed in the replies to my PQs. I tried to have that infringement rectified by the Committee for Parliamentary Oversights and Privileges (CPPO). However, members of the Committee informed me that my submission was never circulated or heard.

    I even wrote to Micheál Martin as Taoiseach to make him aware of this. His response was to say that the Cheann Comhairle is a constitutionally independent office.

    Melissa English, the head of OPLA in an article for Eolas Magazine in March 2019 said the OPLA had been extended and put on a statutory footing following the Dunning report of December 2016.  The Dunning report allegedly followed on from recommendation of a “final report of the Sub-Committee on Dail Reform in May 2016.”

    The case for OPLA’s expansion was, according to Dunning, based on a huge increase in the number of Private Members Bills (PMBs) tabled by opposition TDs, especially independents. OPLA was conceived of as an entity that would assist all non-Government TDs and Senators in Leinster House to perform their jobs.

    The overall argument for the expansion of OPLA was to speed-up the through-put of such bills to legislative completeness, so that the legislative process would operate more smoothly. It was felt to be unfair that legislation brought in by Government had the resources of the office of the Attorney General and expert parliamentary drafters, while opposition TDs from small parties and groupings had no such legal expertise at their disposal.

    The focus of the Dunning report is on the role of OPLA in private members’ bills. He noted that there may be issues with opposition groupings and independents taking up the services of OPLA. For that reason Dunning recommended that it was vital that that OPLA remain independent. He also explicitly recommended that it should not be put on a statutory footing as previously stated.

    Even more to the point, he recommended that the operation of a modestly expanded OPLA be “implemented incrementally”, when referring to an OPLA with only three additional legal personnel – that is eleven in all.

    It begs the question: how did it go from eight to twenty-four personnel in two years, and why was it put on a statutory footing in defiance of Dunning’s recommendations? Its growth is certainly not commensurate with an increase in the number of private members bills. Instead, it has become a sinister entity designed to muzzle democracy.

    Dunning also recommended that it should be reviewed eighteen months after implementation, rather than being guillotined onto the statute books just before Christmas 2018, after virtually no Dáil debate, and certainly no pre-legislative scrutiny.

    Rapid Expansion

    Furthermore, Dunning recommended that the head of OPLA should be upgraded to Assistant Secretary rank and for the appointment of three legal experts in the rank of Principal Officer (PO) and a third in the rank of PO, who would be an expert legal drafter. Dunning also recommended two additional administrative staff at middle ranking civil service grades. 

    At the time of Dunning report there were already eight lawyers, two legal researchers and two further administrative staff. Thus, the report recommended a total of eleven lawyers and four administrative staff. Yet by 2018 OPLA had expanded, according to Melissa English in the Eolas article of March 2019, to twenty-four legal personnel creating a total staff of thirty-five, along with a further eleven administrative staff.

    Dunning also recommended that the head of an expanded OPLA (upgraded to Assistant Secretary rank and pay scale) should be filled through an open competition. This also didn’t happen. The murky legislation in the 2018 Houses of the Oireachtas Commission Amendment Act provided for the appointment to be made by the Dáil Clerk himself.

    Perhaps the most alarming aspect of all this is the manner in which legislation putting OPLA on a statutory footing was passed into law: the Houses of the Oireachtas Commission Amendment Act 2018 does not seem to have gone through a committee stage, or pre-legislative scrutiny.

    A member of the sub-committee I spoke to claims it didn’t go through the Dáil or any pre-legislative scrutiny and suggested that this was done by the Houses of the Oireachtas Commission. However, the Houses of the Oireachtas Commission is not vested with the authority to pass legislation.

    The Houses of the Oireachtas Commission was established in 2004 following the passing of the Houses by the Oireachtas Commission Act 2003. It made provision for a committee of eight members of the Dáil and Seanad, along with the Cheann Comhairle, and Cathaoirleach of the Seanad.

    Crucially, Dáil Clerk Peter Finnegan is also an ex-officio member of this Commission and, even more importantly, he heads the management board of the Houses of the Oireachtas Commission – a civil service entity, comprising the Clerk of the Dáil, the Clerk of the Seanad, Martin Groves, and four more Assistant Secretaries, one of whom is, since 2018, Melissa English as head of OPLA, one external member and one Principal Officer.

    To add to the confusion, the Houses of the Oireachtas Commission also has an audit committee, comprising three different TDs and four more senior civil servants. Prior to the Houses of the Oireachtas Commission being established in 2004 the Houses of the Oireachtas was run and staffed in accordance with the Houses of the Oireachtas Act 1959 and the Civil Service Commissioners Act 1954.

    Cheann ComhairleSean Ó Fearghaíl

    Stages of the Bill

    Having by-passed the committee stage the bill was deemed to have passed a series of almost phantom stages in the Dáil and Seanad in late December 2018 at a point when the Dáil was rising for the Christmas recess, although the then Fine Gael junior minister in the Department of Expenditure and Public Reform did announce the Bill in the Dáil and Senator Gerard Craughwell backed it in the Seanad.

    It was deemed to have passed the first stage in the Dáil and Seanad on Monday 10 December 2018 yet, bizarrely, the Dáil record shows neither House sat that day!

    Nonetheless, all five stages of the bill were deemed to have been passed on Tuesday December 18, and the Dáil website supports this, despite the Dáil sittings record showing the bill was not even considered.

    The President of Ireland, Michael D Higgins signed the Act into law on 27th December 2018. The entire process was a violation of the Constitution, as legislation appears to have been  slipped in via the channel of the Houses of the Oireachtas Commission, a body entirely dominated by a supporting management committee of civil servants under the auspices of the Dáil Clerk, Peter Finnegan. To be clear, the Houses of the Oireachtas Commission has no constitutional authority to pass legislation.

    Two personalities are a constant in this constitutional travesty: Seán Ó Fearghaíl as Cheann Comhairle and chair of the sub-committee leading to Dunning’s review, and Peter Finnegan, Dáil Clerk. Ó Fearghaíl chaired the sub-committee on Dail reform, which allegedly provided the justification for OPLA’s vast expansion on a statutory basis under the Dail Clerk, in defiance of the recommendations of the Dunning report.

    Ó Fearghaíl and Peter Finnegan are also members of the Houses of the Oireachtas Commission, of which Finnegan is the Manager, as well as being head of the management team of the Houses of the Oireachtas supporting the Commission, comprising five top civil servants.

    It would appear that the Houses of the Oireachtas Commission has un-constitutionally created an Oireachtas within the Oireachtas.

    Violation of Separation of Powers?

    Very grave questions arise from the use of OPLA as a legal heavy gang punching down unlawfully. It has regularly exceeded its remit since the passing of the Houses of the Oireachtas Commission Amendment Act 2018.

    Arguably, this amounts to a constitutional crisis. Mr Finnegan has been reported to SIPO and to the TLAC civil service Commissioners who have not acted. But then he’s on the SIPO Commission, which is another conflict of interest.

    Apart from the unscrupulous expansion of OPLA, well in excess of Dunning’s recommendations, the take-up of the OPLA services in Private Members Bills (PMBs), anticipated by Dunning, has not happened. Nor has there been any discernible increase in the passing of PMBs.

    A glance at the Houses of the Oireachtas annual reports reveals no expansion into service by OPLA in PMBs. In 2021 there were a total of 113 PMB, but OPLA only gave advice on 56 of these, and only provided drafting service to 36. None of the bills successfully passed.

    The statistics for OPLA’s work show that most of its “advices” are to the Houses of the Oireachtas service itself and of the 639 “advices” it provided in 2021, 493 were to the service itself and 143 were advice to committees.

    In addition, they are heavily involved in Protected Disclosures, FOI requests and Employment Law. None of this was envisaged by Dunning.

    So, how did a vastly bloated, OPLA pass into law in a manner contrary to the recommendations of the Dunning report? How and why was it put on a statutory footing under the Clerk of the Dáil in 2018, when Dunning recommended that it shouldn’t be put on a statutory footing?

    It seems as if OPLA has become an unconstitutional, authoritarian entity designed to snuff out an essential feature of Irish democracy. Under the pretence of a pressing need for legal assistance in PMBs, a legal monstrosity has been installed in the Houses of the Oireachtas.

    OPLA violates not just the Dunning report, but the Separation of Powers under the Constitution, as it has been integrated into the executive wing of Government under the Dáil Clerk, all at vast cost to the taxpayer.

  • OPLA Erodes Irish Democracy

    The Office on the Parliamentary Legal Advisor (OPLA) was placed on a statutory footing in 2018, by amendment to the Houses of the Oireachtas Commission Act 2003, without so much as a press release, let alone media coverage of an important development. This entity is delivering a hammer blow to Irish democracy.

    In the midst of the pandemic in 2021, Marc McSharry TD – an ardent supporter of whistleblowers – tabled a number of parliamentary questions (PQs) on my behalf. These mostly concerned the apparent widespread use of bogus medical doctors across state agencies.

    All of these questions were shot down, however, under Standing Order (SO) 45, which inaccurately claimed they weren’t questions of ‘fact of policy’.

    The final PQ was euphemistically ‘amended’, but was in reality an entirely new PQ, drafted so as effectively to give legislative approval to the practice of using bogus doctors, fraudently claiming to hold medical council registrations.

    These doctors are used, in particular, in the Department of Employment Affairs and Social Protection (DEASP) and are paid a sum for each client they cut off disability payments. All doctors reviewing cases in the DEASP are obliged to be registered with the medical council.

    Signing Off

    The PQs raised on my behalf were signed off on by Leas-Cheann Comhairle, Catherine Connolly whom I implored not to put the replies on the Dáil record, as I explained it would be a violation of Standing Order 45 to alter a PQ without consent.

    However, Catherine Connolly doubled down, claiming PQs can be ‘amended’ under SO 45.

    Yet the provision of SO 45 states that PQs can only be amended in ‘consultation’ with the Deputy raising them, which did not occur.

    Despite being furnished with a copy of standing order 45, Catherine Connolly bizarrely wrote to me and Deputy McSharry that the replies were going on the Dáil record, and she was ‘not re-visiting’ the matter. This effectively gave Dáil blessing to serious malpractice.

    I was entitled to an appeal before the Committee for Parliamentary Oversight and Privileges (CPPO) but, before I could make a submission, I received an unsolicited letter from the Cheann Comhairle Seán Ó Fearghaíl erroneously claiming I had no right to an appeal to the CPPO.

    I then engaged the service of a solicitor (at my expense), and only after two solicitors’ letters was my right to a CPPO hearing established with the Cheann Comhairle, who wrote to say he had given my submission to the clerk of the CPPO.

    Matters did not end there. After this I encountered the sinister entity that is OPLA.

    Seán Ó Fearghaíl TD

    Case Closed

    I had requested that another committee member chair the CPPO for this case, as the usual chair Seán Ó Fearghaíl, and his deputy, Catherine Connolly, had questions to answer. My request was refused, however, by the Office on the Parliamentary Legal Advisor (OPLA).

    Then I sought to appear as a witness. This too was denied. Finally, I received a brief email from the Committee clerk, a middle-ranking civil servant, saying the case had been heard on April 6, 2022, and had found against me, and that the Cheann Comhairle had chaired it.

    I received no reply from the Committee clerk to further enquiries such as whether the requisite quorum of eight committee members were in attendance. I did, however, receive a high-handed reply from a ‘legal counsel’ in OPLA, conveying what I now know to be an inaccurate account of the hearing.

    Having checked with members of the Committee, it appears my case was never heard and, my submission was not circulated to the Committee members. This is a breach of Standing Order 118.

    OPLA circulated a number of further authoritarian letters defending the Cean Comhairle’s right to chair the meeting, while maintaining that there had been a hearing by the CPPO in the first place.

    On June 10, 2022, the deputy head of OPLA, Ramona Quinn wrote a letter to me citing ‘laws and conventions going back to 1923.’

    In response, I challenged Ms Quinn and OPLA as to what Dáil Standing Order allowed the unit to intrude on – and indeed unconstitutionally usurp – the work of any Committee of elected representatives of Dáil Eireann? To this I received no reply.

    I did, however, receive a number of further, intimidating, letter from OPLA, thereafter unsigned.

    In response, I put them on notice to the effect that this constituted harassment and pointed out that they were trespassing into the constitutionally sacrosanct domain of the Ceann Comhairle, and the Oireachtas. I asked the head of OPLA for the Dáil Standing Order allowing for it. To this I again received no reply.

    OPLA

    Further enquires reveal that the OPLA quango evolved from containing just one legal advisor, Melissa English, in 2007, to twenty-four legal experts in 2018!

    English had been a sole independent legal advisor in the Houses of the Oireachtas but, according to a March 2019 article in Eolas magazine, ‘under her stewardship it is now a statutory office comprising a multi-disciplinary team of barristers, solicitors, legislation drafters and specialist researchers.’

    The article goes on to quote English saying, ‘the OPLA unit had to be structured and resourced over the last 12 years.’

    Eolas magazine reveals further that OPLA emerged from ‘a report of a retired civil servant Dunning in December 2016’, and it led to a Dáil sub-Committee headed by the Cheann Comhairle for the establishment and vast expansion of OPLA, including the provision for the head of OPLA to be appointed a deputy Secretary General in the Houses of the Oireachtas.

    The function of OPLA is supposed to be tripartite: to give legal advice to Oireachtas members; to help draft legislation in Private Members Bills; and to defend the Houses of the Oireachtas in court challenges.

    However, given English and her unit are part of the Oireachtas, and as she is a civil servant reporting directly to the civil servant and Top-Level Appointments Committee (TLAC) appointee, Dáil Clerk, Peter Finnegan, how can she defend herself and her unit in court, as it is now an integral part of the Oireachtas?

    Furthermore, English flagged the ‘colliding rights of parliamentarians to absolute privilege in respect of their speeches in the Dail and the, sometimes competing rights of outside persons whose personal constitutional rights can be adversely affected by this speech’ as part of the justification for her bloated unit.

    I maintain that English and her legal heavy gang have copper-fastened gross medical malpractice implicit to the use of unqualified medical practitioners by State departments and agencies.

    So much for the constitutional rights of citizens, English appears to have seen no problem giving parliamentary blessing to a seriously problematic practice.

    Furthermore, English appears to have seen nothing irregular about government Departments and Oireachtas civil servants distorting PQs, or the Cheann Comhairle apparently misleading me in correspondence.

    The Leas Cheann Comhairle Catherine Connolly who signed the PQ responses ought to be aware that OPLA has exceeded its remit, violated the Oireachtas and conveyed falsehoods about a phantom hearing at the CPPO in April this year. I argue that she is deepening her original violation of SO 45, and failing to correct the records of the Dáil arising from the distortion of the PQ. She is also failing to correct the erroneous assertions of OPLA.

    Four Courts Quay.

    Violation of Separation of Powers

    I wrote to Melissa English on October 15, 2022 regarding the intrusions of OPLA into the workings of a Dáil Committee.

    English defines herself as ‘being central to the defence on behalf of parliament of the cornerstone of the constitutional separation of powers’, but she seems unaware that OPLA violates the constitutional separation of powers. As a civil servant under the Dáil Clerk, English is obliged to respond in ten working days to queries from the public.

    Yet, to date, I have received no response from her to these questions I raised.

    1. What is your defence of the violation by OPLA of Dail SOs and the Constitutional Separations of Powers in taking over the CPPO committee from its clerk designate and its elected members?
    2. Sinead Fitzpatrick, legal counsel, conveyed un-retracted inaccuracies in two formal letters to me and my solicitor on 20 April 2022 to the effect that the case was heard by the CPPO on 6 April 2021. It was not heard and, the submission was not even circulated in further violation of SO 118.
    3. Why am I still being harassed by unsolicited and unsigned communications from OPLA whom I have requested to remain outside of my dealings with elected members of a Dáil Committee – a constitutional process in which OPLA has no role or jurisdiction?
    4. Are the Cean Comhairle and the Leas Cean Comhairle being consulted and informed about these communications, and do they approve of the ongoing communications I am receiving from OPLA at your direction?

    I have separately put these questions to the Cheann Comhairle and the Leas Cheann Comhairle, similarly without reply.

    Constitutional Crisis

    I notified Taoiseach Micheál Martin in late 2021 to the effect that there is a constitutional crisis in the Oireachtas because of the ongoing conduct of the Cheann Comhairle and Leas Cean Comhairle. I also informed him that OPLA and the Dáil Clerk are violating the constitutionally sacrosanct realms of the Cheann Comhairle and the Oireachtas.

    Micheál Martin responded that the Cheann Comhairle’s office was independent. It begs the question: who exactly will deal with the constitutional impasse that has emerged in this case?

    It appears that OPLA is ensuring that in certain circumstances a PQ cannot be asked on behalf of a citizen. Nor can a citizen access a Dáil Committee to redress the injustice of a wrongful PQ.

    How, one wonders, did the Oireachtas ever function before the recent creation of OPLA and its band of twenty-four legal heavy hitters?

    The answer seems obvious. OPLA is designed to muzzle the Oireachtas. That is perhaps why no press release attended its creation on a statutory footing and its wide expansion in 2018.

    It is an authoritarian quango which has mushroomed from one legal advisor to twenty-four in the space of twelve years. Masquerading as a helpful entity, its real purpose is to snuff out a crucial function of our parliamentary democracy.

    A Legal Monster

    So how did the legislation creating OPLA slip through parliament in 2018 and, how much does it cost the taxpayer? Having spoken to a number of TDs, none seem to recall the 2018 legislation creating OPLA in its current guise passing through the Houses of the Oireachtas.

    Given OPLA’s total staff, including clerical and twenty-four legal officers amount to thirty-six, we may assume it costs at least €5 million per annum.

    The spend was signed off on by the Department of Public Expenditure and Reform under Robert Watt as Secretary General and Accounting Officer. Perhaps this explains Robert Watt apparent contempt for Dáil Committees.

    Democratic accountability compels a total dismantling of OPLA in its present guise. One does not need to be a constitutional lawyer to see that it is glaringly unconstitutional.