Maman Poulet

In the first of this weeks Guest Posts – Louise blogs about Imprisonment for Debt

Imprisonment solely on the grounds of failure to fulfil a contractual obligation is considered a human rights violation and is prohibited by Article 1 of the 4th Protocol to the European Convention on Human Rights (ECHR) and Article 11 of the International Covenant on Civil and Political Rights (ICCPR), both of which Ireland is party to. Despite the prohibitions, an increasing number of people find themselves imprisoned for their inability to pay a debt, or fulfil a contractual obligation, figures were confirmed at 276 in 2008, and 186 in the first six months of 2009. (Latest stats available at time of writing.)

Summer 2009 heralded the opportunity for substantive change in the treatment of debtors in Ireland. With the assistance of Northside Community Law Centre and an amicus curiae from the IHRC, the McCann case came to the High Court where Laffoy J found the legislation allowing for imprisonment of debtors to be unconstitutional, mainly because the burden of proof over whether a debtor was wilfully refusing to pay, or unable to pay, was placed squarely on the debtor, who in most cases had no access to legal aid.

The reaction was speedy to say the least, the District Court stopped processing orders, and a new Bill was drafted and passed through the Houses. Within a matter of weeks of the McCann judgement being published, the Enforcement of Court Orders Acts 2009 was passed, containing an amendment to the 1940 Act, effectively replacing the now null section.

As the Bill was being debated the point was repeatedly made that the intention was only to correct what was identified as unconstitutional in the McCann case, there was no inclination to attempt to improve the system and introduce an alternative, more appropriate remedy to debt enforcement. Amendments put forward by Opposition, for example, to introduce an attachment order facility, were rejected on the grounds that the area of personal debt and debt enforcement are to be reviewed when the Law Reform Commission completes it’s work on the subject. The LRC’s consultation paper makes no recommendation on whether imprisonment should be retained in debt enforcement and it’s report is due to be published this year.

The Enforcement of Court Orders (Amendment) Act 2009 requires two conditions to be satisfied before a judge can issue an order for imprisonment for failure to comply with the court order. It must be proven that the debtor willfully neglected to comply with the judgment order, i.e., that he is refusing to pay the debt, and also that the debtor has no goods which could be taken in execution of the debt owing, i.e., that he can pay. Thus the distinction between Can’t Pay and Won’t Pay debtors is a false distinction and Section 8 of the 2009 Act demonstrates the anomaly arising. If the debtor does not have goods which can be taken in execution of the debt owing, then irrespective of whether or not it is proven that they have willfully neglected to honour the debt, they are still unable to pay and therefore should be protected from imprisonment. On the other hand a debtor who refuses to pay and who does have goods which can be taken in execution of the debt owing is protected from imprisonment for failure to comply with the order by Section 8 of the 2009 Amendment Act.

Viewed in light of the current financial climate and the beginning stages of NAMA where we are seeing very large debts essentially be put on hold rather than enforced, it highlights the imbalance evident in a system that allows for the arrest and imprisonment of a individual over a relatively small debt. This imprisonment comes at a high monetary cost to the State, as it bears the cost of the prison sentence, along with legal fee incurred in the proceedings leading up to the sentence. Perhaps most incredibly of all – serving the sentence imposed does not discharge the debt owing.

Thanks to Maman Poulet for giving me the opportunity to make this guest post. It is a topic I’ve done a lot of research on for my MA Thesis and I appreciate being able to get it out there into the world to a ready made readership.

Louise

http://aviewintomyworld.wordpress.com

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Did any of the many public figures who commented yesterday on the resignation of Kathleen McMahon as governor of the Dochas Centre in Mountjoy say anything about her comments on overcrowding causing an increase in lesbianism in the prison?

Ms McMahon said the regime within the centre had been designed to treat women with dignity and respect aimed at their successful reintegration into society.

However, the centre was now so overcrowded, the progressive regime was being cannibalised.

“I would say it probably would go back to the way it was years ago: self-mutilation, bullying, depression, lesbianism.�

Relationships between women in prisons happen all over the world and not just in soap operas. And the number of women in prison, sharing cells or not doesn’t seem to have effect. It still happens. Women seek relationships, companionship, friendship because they are lonely or exploring their sexuality or have nothing else to do. They may not seek to remain in relationships with women once they leave prison and no matter how terrible the conditions are in Dochas I don’t think citing lesbianism as a resulting problem is going to worry the prison service officials. There are certainly lesbians in prison – ie. women who were lesbian before they were committed.

Referring to lesbianism in the same breath as self-mutilation, bullying and depression indicates to me that Ms McMahon has no understanding of human sexuality no matter how long she has worked in her position.

Reform of the penal system and a reflection on why women end up in prison for crimes that men would not be sentenced for would be timely, as well as examination and action on the mental health, addiction problems and exploitation of women outside the prison system that lands them inside at all.

Mary Rogan reflects further and far more calmly on the wider issues involved in a post on Human Rights in Ireland Blog

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Maybe this can be a new series for MP. (submissions to tips @ mamanpoulet.com )

Yesterday evening a ministerial press release landed in my inbox – I didn’t know about the launch of a political pamphlet by Niall Crowley for the Migrant Rights Centre Ireland but it obviously got up the nose of  Minister of State for the National Drugs Strategy, Community Affairs & Integration John Curran.

So a press release was duly drawn up (no coincidence that there is a reshuffle next week) but it’s so poor and indeed draws more attention to the pamphlet – which is not a research report but is a political opinion on the actions of the government and what they really say about attitudes to minorities and migrants in Irish society. The release is below in it’s entirety as it was sent to the press list.

I laughed when I saw the paragraph in the release on the Equality Authority – it’s work continues? Ah yes split over two offices still, with less staff and a slashed budget and a muzzled board. And it’s widely agreed that the cuts nearly two years ago now to the Equality Authority and Human Rights Commission’s budgets have had nothing to do with the recession. Indeed it’s expected that the equality areas of government policy are going to be moved from the Dept of Justice because the Green Party are not happy with how they have been handled and have been taking a lot of heat and Brian Cowen is fed up of the messing.

The National Consultative Committee on Racism and Interculturalism have gone completely, so the crime figures he quotes are more difficult to gather.

But in pure political communications terms I’m wondering who wrote the release and what exactly were they trying to prove? Because if you were to reflect on integration and migration policy in the last few years you might be left wondering if there is a government policy and in the lack of a policy that all this minister can do is say it’s not really as bad as Crowley makes out and has no success stories or positive spin to show at all but just picking holes in figures obscurely. I mean if it was really a poor publication wouldn’t the best thing for the Minister to do be to ignore it rather than respond so unconvincingly?

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The Catholic Bishops have been having their spring meeting for the past three days and the press conference today saw them complain about unfair treatment by the media and also express their concerns about the civil partnership bill.

The Press release sent out at the end of the meeting says that the bishops are going to publish a leaflet on Marriage.

‘Why marriage matters’ – statement by the Bishops’ Conference on the Civil Partnership Bill

Bishops agreed to publish a leaflet ‘Marriage matters’ in support of marriage and family life.  This leaflet expresses concern about aspects of the Civil Partnership Bill, currently before the Oireachtas.  The leaflet summarises key elements of Catholic teaching on marriage between a man and woman.  It reiterates the importance of the family as the natural primary and fundamental unit of society and therefore deserving of special protection by the State.  It also highlights that other forms of relationships are not of the same nature and status as that of marriage as the basis of the family.

This information leaflet will be released as a statement, published by Veritas, made available in dioceses and on www.catholicbishops.ie.  Bishops encouraged everyone concerned to inform themselves and to read ‘Marriage Matters’.

Patsy McGarry reports in the Irish Times this evening

Bishop Jones also expressed grave concern about the Civil Partnership Bill at the press conference. He said the bishops had discussed taken a Constitutional action against the Bill should it become law. “As you know marriage and the family are enshrined in the Constitution and the State has an obligation to protect and promote marriage and family life,� he said.

“We are really very concerned that the Civil Partnership Bill is going to undermine marriage by conferring all the rights on same sex unions as marriage, equating same sex union to marriage itself,� he said.

Where the refusal of the Minister for Justice Dermot Ahern to allow an opt out clause for people who had conscience problems when it came to association or involvement with same sex ceremonies he said the bishops were “very worried about that. Very worried.

The people involved in the ceremonies beyond the couples are the registrars, Bishop. And they are simply being required to do their jobs.  And we know you don’t give a toss about this conscientious objection and just don’t want any rights given to ‘the gays’.

Of course they are late to the party here – the bishops intervention comes 8 months after the publication of the bill when it’s about to enter committee stage and supposedly long enough after the publication of the Murphy and Ryan reports for their graces to rear their heads.   It’s Civil Partnership but the church leaders are far from civil and of course siding with the extremists (yes they are!) who will be partying for days or at least trying to.  David Quinn’s phone calls giving out to them earlier this year have been productive! (Yes he did call them giving out loads that they were chickens not saying anything).

Update:  More from Patsy McGarry on the forthcoming episcopal (m) utterings  in Thursday’s Irish Times  including the line that Same Sex Unions are ‘incapable of realising the specific communion of persons that is marriage’.  Well if it’s their particular  communion that we can’t realise that’s fine so, that’s not what most same sex couples wish to ‘aspire to’.

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Someone’s been getting a bit of flack for his comments last week, but is Leo blaming it on the reporting or the reading of the reporting or misreading? Note the last line – all his own work!

From today’s Irish Times

Madam, – Last week I spoke in the Dáil on the Civil Partnership Bill during which I addressed tax implications that may arise from the introduction of civil partnership. I drew attention to the fact that the tax system can require a single person to pay considerably more tax than a married couple that earns more, despite the high cost of living alone.

I pointed out that this tax advantage is also given to married couples with no dependent children and even married people who do not live together. The major beneficiaries of this anomaly are wealthy couples with no dependants.

I said this was unjust and that extending the tax benefits of marriage to civil partners would result in further disadvantageous treatment for singles. This aspect of my speech was picked up in an article on Page 6 (January 28th).

I went on to argue that the State should instead, give the tax benefit to the “family unit� to recognise the cost of raising children and the social good of family life. In fact, the tax system barely recognises families at all and only does so through a special tax credit for families headed by a single parent and a small credit for the stay-at-home spouse. This was picked up on Page 8 by another reporter.

Unfortunately, some stay-at-home parents read the article on Page 6 but not on Page 8 and got the wrong end of the stick, totally. I wish to have the matter clarified and to restate my support for favourable treatment for families. I do not, however, believe that single people should be treated less favourably than married couples or civil partners where there are no dependent children involved. These views are my own. – Yours, etc,

LEO VARADKAR TD,

Leinster House,

Kildare Street, Dublin 2.

Update

Thanks to Joe in the comments for showing us this letter in the Independent. I think Jedward and Vanilla Ice’s soon to be number 1 maybe rather apt here.

I AM not sexist and I fully appreciate that being a mother is a full-time job. Jane Dignam (Letters, January 30) has got the wrong end of the stick.

Clearly, she neither heard nor read my speech. Nor did she bother to contact me to check the facts. Rather, her letter is a reaction to an article in another paper, which has since been clarified.

I wish to re-state my support for the favourable treatment of stay-at-home spouses with dependent children.

However, I do not believe that single people should be treated less favourably than married couples where there are no dependent children involved — a situation which will be exacerbated if the taxation advantages of marriage are extended to civil partners.

Civil partnership was the topic of debate. These views are my own.

I sincerely hope that Ms Dignam raises her children to be more dispassionate and discerning than she is.

I highly recommend that she reads the Irish Independent, instead of the other paper.

Leo Varadkar TD

Dublin 2

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Next week is European Cervical Cancer Prevention Week. There are a number of developments recently in screening for cervical cancer – some I’ve previously written about which have concerned me but it’s vitally important that women continue to be screened for the disease.  (And for the many lovely lesbians who read this blog -  I know there are a few of ye – please read all the way to the end of this post – no switching off allowed!)

The Prevention Week is organised by the European Cervical Cancer Association (ECCA) and events will be taking place all over Europe to raise awareness about the disease.

The Irish Family Planning Association (IFPA) has partnered with CervicalCheck, the National Cervical Screening Programme, to promote the week in Ireland and to ensure that Irish women become better informed about cervical cancer.

If you are out getting your hair done next week you may get information on cervical cancer from your hairdresser as the IFPA have partnered with the Irish Hairdressers Federation

All 330 member salons of the IHF will help distribute Pearl of Wisdom campaign badges and information leaflets about CervicalCheck, the national cervical screening service, to woman during their hair appointment for the duration of the Prevention Week. It is hope that women will be encouraged to make an appointment when invited by Cervicalcheck to organise their cervical smear test.

• Cervical cancer is the second most common cancer in women under 44 worldwide.

• Cervical cancer is the most common cancer in women under 44 in Ireland

• In Ireland 50% of all cases of cervical cancer are diagnosed in women aged 46 and under. Average age of death from cervical cancer in Ireland is 56

• Mortality rates from cervical cancer have increased 1.5% per year since 1978.

I should also point out that finally lesbian women are being encouraged to have cervical smears, something that I’ve spoken about and campaigned for over 15 years. (Many doctors in Ireland had previously denied that lesbian women needed to have smear tests) There are to be a series of information sessions for lesbian women organised by Cervicalcheck and I’ll post a link to these when I get more information.

Guidelines on the issue of testing women who have sex with women/lesbians have been issued by Cervical Check.

4.3.9 Women who have sex with women (WSW)

Cervical screening recommendations do not differ for WSW/ lesbian women regardless of their history of sex with men. Cervical neoplasia and CIN lesions can be found in WSW who report no history of sex with men. Transmission of HPV requires only skin to skin contact. Furthermore sexual practices among WSW could potentially allow for intra-vaginal deposition of HPV both through digital-vaginal contact and shared sex aids. Studies show that most WSW (53-99 per cent) have had sex with men and that many (21-30 per cent) continue to have sex with men. Among these women, acquisition of HPV from male partners presumably occurs at a rate per contact similar to that of the heterosexual population. Women infected via this route could serve as a source for subsequent viral transmission to their female partners (Marrazzo et al, 2001).

So whomever you have sex with, or not,  smear tests for women are available and women are going to be invited to take them – we need to encourage each other to take up the appointments and make sure we get tested and look after ourselves. And we need to ensure the funding for the screening and the high standards remain in place.  All young women should be able to be vaccinated against HPV too, not just 12 year olds.

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Minister for Social and Family Affairs, Mary Hanafin, was responding to the committee stage of the Social Welfare Bill (No. 2) in the Dáil today – (after Gogartygate). The bill provides for the cuts in social welfare of 4.1% for all social welfare payments for those under 65 and a cut in childnd I benefit. I heard her roll out the following:

I am pleased Deputy McEntee raised the issue of deaf people. One could conclude from the contributions of Deputies that blindness was the only disability. While blindness is a terrible disability, in fairness to people with other disabilities I am glad Deputy McEntee specifically referred to deaf people.

Deputy Róisín Shortall: That is a cheap shot.

Deputy Mary Hanafin: Unfortunately, those who receive disability or invalidity payments will be affected by the cuts. Deputies have asked how much it would have cost if we had not reduced payments to those in receipt of disability payments and so on. The cost of not doing so would have been almost €108 million. It would have been necessary to find this expenditure in other Departments or in my Department’s spending.

Deputy Róisín Shortall: What about tax breaks?

Deputy Mary Hanafin: I was asked whether I had spoken to disability groups. I met representatives of these groups separately and they attended the pre-budget forum.

Deputy Róisín Shortall: The Minister is running for cover.

Deputy Mary Hanafin: It is worth repeating that they placed greater emphasis on services on the ground and in the community. They want and need these services – Deputy Crawford is nodding his head – because they are very important to people with disability.

Deputy Seymour Crawford: They are very angry.

Deputy Mary Hanafin: Cutbacks have not been made in respite care beds, day care places, primary care teams or any other services available to people with a disability.

Deputy James Bannon: Has the Minister visited hospitals in Longford and Westmeath?

Deputy Mary Hanafin: An additional €10 million has been provided to deliver more home care packages. The choice facing us was whether to reduce payments, bad as such a step is, or place the burden on the Department of Health and Children. I believe that if one reduced services by more – there are many with disabilities who would agree—–

Deputy Róisín Shortall: That was the Government’s choice.

Deputy Mary Hanafin: —–it would have impacted upon such people more seriously.

Ah Day Centres – Person Centred rather than Day Centred seems such a long long way away. And Nothing about us without us even further.

The Service providers do all the talking to keep their services and their clients in those services and the NDA do the policy whispering and the Ministers the weak excuse making.

I doubt anyone representing people with disabilities argued for an income cut over a service cut. The cost of disability is not factored into payments as it is so it would be farcical for groups to favour a cut in payments.

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Fresh from interrupting the Today with Pat Kenny outside broadcast in the Savoy Cinema in O’Connell Street in Dublin, the Community Development Alliance launched CAMA outside the GPO yesterday. (You can listen to the interruption here – (real player required and it’s about 41 minutes in.)  Conor Lenihan and George Lee were said to be a bit put off by it, oops.

The Community Assets Management Agency was launched by people involved in Community Development Projects throughout the country.  Many of those outside were dressed in costumes from 1916 as a proclamation was read. Those who have benefited from the services provided spoke alongside the activists who are leading the campaign.

You can also watch Noreen Byrne from the North Clondalkin CDP speak about the impact of the cuts there and Rita Fagan from St. Michaels CDP lead the group in song. (You may remember Rita from her appearance on Tonight with Vincent Brown where former banker Mike Soden made those remarks about Lone Parents.)

Kitty Holland’s report in the Irish Times includes a quote from Minister for State John Curran regarding the future of the CDP’s, one third of which are due to close and many others to be merged or otherwise severely cut.

Minister of State at the Department of Community, Rural and Gaeltacht Affairs, John Curran, confirmed today the CDP programme was under review. “I will shortly have a full report on the findings and recommendations,” he said.

It was his intention not to wind-up CDPs but to ensure “a more focused programme with clear objectives, simplified and streamlined delivery structures and better integrated actions, leading to significant administrative savings and impact efficiencies”. This would involve some closing, he said.

You wouldn’t think that the Minister was dealing with peoples lives, never mind livelihoods from the tone of his comments. A scene from Yes Minister?

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While unions, government and the private sector bicker over pay cuts, higher taxation and ‘you earn more than I do’, communities across the land are being decimated by cuts, amalgamations and the steamroller that is the politics of bulldozing the oppressed.

The cuts in services in the field of anti-poverty projects, community childcare, community health, meals on wheels, drop in services, drug rehabilitation projects, projects, youth work organisations ,and community regeneration go largely unreported. It’s not about builders, trophy houses, ministerial salaries or politicians expenses – it’s about the lives of young old, parents, disabled and able bodied and traditionally disenfranchised and those who work with them who have fought hard to build and support themselves and others.

An alliance of community workers and projects are launching CAMA - if you are sick of NAMA this new agency will probably be easier to understand, transparent, able to whistle blow and far more important and feasible to fight to see established.

The Community Development Alliance has set up a new agency to protect the most vulnerable people in Ireland. CAMA aims to protect the Community Development Projects that are being closed down at a time when their services are most needed. Community Development Projects give a voice to those people and communities who consistently experience poverty; we empower people to set up the services, politics and programmes aimed at reducing poverty and inequality. CAMA aims to articulate and protect those those voices.

The board of CAMA and the Community Development Alliance calls for the retention of the CDP programme, with all of its values and ethos protected, including the bottom up approach, and the retention of all community assets that were sought for and fought for in the name of those people and communities who are poor, vulnerable and left out on the margins.

We urge the government to listen to us and reverse the decision to close projects down. It will only hurt the young, the old, the poor, the disabled, the excluded and the marginalised – and it will cost the state more in the end. CDP’s have a proven track record as a ‘value for money’ and it attracts five times more funding that the Department gives to the programme.

The first public event hosted by CAMA will take place on 11am on Friday November 6th at a Press Conference. The venue is a public one, outside of the GPO, on the streets, in solidarity with those communities and CDP’s who will soon lose their projects and community premises and services. CAMA will announce it’s alternative vision for a more equal society.

Speakers will include those who experience poverty and disability, voluntary boards of management, and board members of CAMA. If you believe in equality and a fair share for the poor then please come and hear us.

So that’s 11 am at the GPO on Friday next – all are welcome – if anyone is free with a camera and wants to blog it even better. I hope to be attending in my own Special Purpose Vehicle!

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Today’s Questions to An Taoiseach specifically about his Department of the Taoiseach raised the issue of PR companies and the way Government tenders are awarded. The word Twitter was heard in the Dáil and Ciaran Cuffe was not involved. It was time for me to get out my shovel.

Deputy Enda Kenny: The Government information service provides information about Government decisions. Every Minister who makes an announcement makes a Government announcement specific to a Department. What is the relationship between the Government information service and public relations firms contracted to Departments when the end result is much the same?

I would like to bring two cases to the Taoiseach’s attention. The Minister for Justice, Equality and Law Reform launched a PR awareness campaign on knife crime in February, and he allocated €200,000 even though it never got off the ground. There has been a 72% increase in knife crime and the use of offensive weapons in five years that have led to proceedings. Three out of ten offenders are aged under 20. The aim of the campaign was to access social networking websites and promote the campaign in tandem with a national campaign in schools. The on-line campaign was a total flop. Only 17 followers made contact on Twitter and there were 39 friends on Facebook. There are 170,000 people between the age of 18 and 20 in Ireland, so this campaign has failed completely to resonate with the group for which it was intended. A PR firm was contracted to promote the campaign, but it stated that it only held six out of 12 planned workshops. That is 12 workshops across 733 secondary schools, which speaks for itself. In 2001, the “Cool Choices� alcohol awareness programme cost €50,000 and was off-line within five months.

Is there a system of monitoring public relations contracts on awareness campaigns approved by the Government? Does any group look at the advertising consultancies involved? What does the Taoiseach think of the Quigley report, produced in 2005? It recommended that the Department of Finance should consider providing advice on the monitoring and the recording of work done under those contracts and in respect of the quality of the work they carry out.

The Taoiseach: If there are any particular public awareness campaigns related to a Department, they should be referred directly to that Department. I do not have any information on those campaigns. As I said already, there is no group that oversees PR contracts. These are matters for individual Ministers and Departments. Arising from the Quigley report, a need was identified to bring forward guidelines. These guidelines were provided and the Secretaries General of all Departments are aware of them, and must utilise them where they are relevant. There is no group looking after that.

The Government information service has no role whatever in the procurement of PR contracts for Ministers and Departments. It is a matter for Departments to work with public procurement rules themselves.

The campaign referred to by Enda Kenny is the How Big Do You Feel Campaign?

This is was a knife crime awareness campaign launched in February which was based on the use of social media.

From their Bebo page – (372 profile views and 226 friends including many 2fm Dj’s and the like.)

The ‘How Big Do You Feel’ Campaign aims to highlight the risks and consequences of carrying a knife. Here, we offer you the chance to have your say.

What do you think about carrying a knife? Is it cool? Do you know anyone who has been stabbed or has stabbed someone? How has this affected their life? Don’t be shy, leave a comment, do our quizzes, interact with our blogs.

Let’s prove to everyone that carrying is knife is just stupid!

So for 39 fans on Facebook and 15 followers on Twitter(to correct Enda they were following 17 others but only had 15 following them back) and a few hundred ‘friends’ on Bebo and a load of workshops that didn’t happen the Department of Justice, Equality and Law Reform allocated €200,000. (The Gardai said last month that online component of the campaign cost €4,500 )

I knew I had not heard about this before or seen anything on Twitter or Facebook (750k Irish users, over two thirds of who are over 25). While I may not be a young male in the habit of carrying a knife or tempted to, if the Gardai were using social media in such a way I’m sure I and lots of others online would have heard about it. But nobody seems to have told anyone. And yes this might be where FAIL is more than appropriate.

And the PR Company? According to the IE Domain Registry – Carr Communications. (Managing Director of Carr Communications, Tony Hughes wrote recently that ‘Social networking websites provide the opportunity to network on steroids’. As someone who knows a little bit about social media and an awful lot more about steroids I’d be questioning the dosage used!)

So Department of Justice Equality and Law Reform/Garda Siochana, next time you want to run a social media campaign that gets noticed you might talk to a few of the many people in Ireland inside and outside PR that actually know something about it? I’ve said it before and I’ll say it again – it’s all very well to sell people the buzzwords and set up the sites but you actually need to know what to do with the tools and it might actually work! Money for old rope and a huge disservice to the very positive work with young people online that many are engaging in also comes to mind.

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