Fine Gael candidate Stephanie Regan: Law maker or law breaker?

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On 30 December last it was reported in the The Journal that Fine Gael election candidate Stephanie Regan had erected up to 15 posters without permission in the Fingal County Council area.

Under the Litter Pollution Acts it is illegal to erect such posters without permission but obeying the law is obviously not an important priority for this aspiring politician.

Indeed quotes attributed to Ms. Regan clearly indicate that she is very familiar with the dismissive/arrogant attitude to the law regularly demonstrated by Irish politicians.

Christmas holidays “did not allow” her to seek permission from Fingal County Council to erect them.

Regan said… “I didn’t feel I was going too far … I don’t think it was an enormous breach.”

This is an individual who wants to become a member of our parliament where she will draft and bring into force laws that ordinary citizens must obey but, judging from her actions, will be optional for politicians.

Over the years I have made numerous formal complaints against politicians who clearly believe that obedience to the law is strictly for the little people.

Sad to say but politicians are justified in their contempt for the law because not one of my complaints has ever resulted in action being taken against a member of the political class.

But I’m an eternal optimist and am hopeful that someday law enforcement agencies will apply the law equally to politicians (and aspiring politicians) with as much enthusiasm as they apply it to the little people.

Copy to:
Stephanie Regan
Fingal County Council

To:

Fingal County Council
Environment Department

24 January 2016

To Whom It May Concern:

I hereby submit this formal complaint against Fine Gael election candidate Stephanie Regan for an alleged breach of the Litter Pollution Acts 1997-2003/2009

On 30 December 2015 it was reported in the online newspaper, The Journal, that Stephanie Regan had erected up to 15 posters without permission in the Fingal County Council area.

Quotes (see below) attributed to Ms. Regan in the Journal article appear to confirm that she was responsible for the erection of the posters and that she was aware that her actions were in breach of the law.

Regan said the posters were “a last minute idea” and Christmas holidays “did not allow” her to seek permission from Fingal County Council to erect them.

Regan said… “I didn’t feel I was going too far … I don’t think it was an enormous breach.”

Yours sincerely
Anthony Sheridan

Unaccountable deals made by state officials should be made a criminal act

RTE’s This Week programme has exposed the latest dodgy deal surrounding the establishment of the Irish Water quango.

The goings on in smoke filled backrooms is justification alone for Irish citizens refusal to pay the water tax.

Here’s an analysis of the dodgy dealing.

The following groups were involved.

Irish Water and the Dept. of the Environment representing the interests of Irish Water and the Government.

The County and City Managers Association (CCMA) which was representing the County and City Managers (I know, I couldn’t figure it out either) and, presumably, representing the workers of these entities.

Ordinary citizens/taxpayers.

The first decision, made by the groups with power, Irish Water, the Government and the CCMA, was to exclude the taxpayer.

It seems at least some meetings were held in secret and no minutes were kept during the most crucial meeting. This is standard practice in banana republics.

The second decision taken was that the taxpayer would pay for all agreements reached by the interested parties. There was no need to inform the taxpayer of this decision since the practice has been in place since the establishment of our banana republic.

Ok, so here’s how the deal went down.

The CCMA had information that Irish Water badly needed to ensure its successful establishment. The CCMA effectively blackmailed Irish Water by threatening to withhold or delay handing over the information unless their demands were met.

Irish Water and the Government quickly conceded to all demands. This was no problem since the non-represented taxpayer was paying for everything.

The agreements reached, if implemented, will cost Irish citizens countless millions over the years.

In my opinion the individuals involved in this agreement are traitors. They made their decisions in full knowledge of the pain and loss suffered by their fellow citizens since 2008, yet they ruthlessly went ahead anyway.

The unaccountable divvying up of our money by public officials, particularly when it’s done in secret; should be made a criminal act.

Copy to:
Dept. of Environment
Irish Water
CCMA

Data Protection Commissioner: Citizens have no right to know the names of law breaking politicians

My question to the Data Protection Commissioner was very simple – do citizens have the right to know the names of politicians who are in breach of the Litter Pollution Act.

The reply from the Data Commissioner is equally clear:

No, citizens do not have any such right. In other words, when a politician breaks the law it becomes a state secret.

The Commissioner’s full reply:

Dear Mr Sheridan

I refer to your recent email to this Office.

In relation to your query,

There is no basis for publishing names of individuals fined in such circumstances.

The introduction of legislation providing for such publication is not a matter for this Office.

Informing you of political parties who have been fined rather than specific individuals would be a matter for the Council to reply to (as it refers to
organisations, not specific individuals) but we are not aware that they
would be under any obligation to release that information.

Yours Sincerely

Further questions for the Data Protection Commissioner regarding election poster fines

Dear…

Thank you for responding to my query regarding the publication by local authorities of persons fined for not removing election posters.

Unfortunately, your reply has not been very helpful.

Your reply consists of two parts:

Name and Shame Schemes and the situation regarding private individuals.

The Name and Shame Schemes seem to refer to criminal convictions and the Courts Service.

I fail to see the relevance of these schemes to the withholding of names by local authorities of political parties/politicians/candidates who are in breach of the Litter Pollution Acts.

I’m also puzzled by your reference to private individuals when the context of the issue is public elections and public election campaign activities.

Surely a citizen is not acting in a private capacity when involved in an election campaign? Surely when a citizen, who has publicly registered as a candidate for election, publicly breaks the Litter Pollution Acts, they are not acting as private citizens.

It hardly needs to be stated that political parties are, by definition, public entities. It is therefore difficult to understand how local authorities can refuse to divulge the names of such parties that have been fined for breach of the Litter Pollution Acts.

I would be grateful if you could answer the following questions with absolute clarity.

Under Data Protection legislation can local authorities refuse to divulge the names of political parties who have been fined for breach of the Litter Pollution Acts?

Under Data Protection legislation can local authorities refuse to divulge the names of elected officials who have been fined for breach of the Litter Pollution Acts?

Fingal County Council have provided the following interpretation of the Data Protection Act in relation to this issue:

Fingal County Council has obligations under the Data Protection Acts 1998-2003 in relation to protecting the privacy of individuals. Specifically unauthorised disclosure of personal data is prohibited. Section 2 of the Act (as amended) prohibits such disclosure.

Is Fingal County Council correct in this interpretation given that the issues involved are entirely public matters?

I strongly believe that this important issue needs to be clarified to a level where there is no room for doubt or fudge.

Either citizens have the right to be informed of the identities of politicians and political parties who are in breach of the Litter Pollution Acts or they do not have that right.

As custodian and operator of the Data Protection Acts your decisions on this issue could have serious consequences for the rights of citizens regarding access to information in respect of elected representatives and political parties.

Yours sincerely

Anthony Sheridan

Update: Secrecy still protecting law breaking politicians

Fingal County Council has responded to my second request (See first here) as to why the authority is keeping secret the names of candidates and political parties who have been fined for failing to remove election posters in the recent local and European elections.

Dear Mr. Sheridan,

Further to your request to clarify this issue, I wish to advise that Fingal County Council has obligations under the Data Protection Acts 1998-2003 in relation to protecting the privacy of individuals.

Specifically unauthorised disclosure of personal data is prohibited. Section 2 of the Act (as amended) prohibits such disclosure.

I trust this information is helpful to you.

Kind regards,

I’m still puzzled as to how fines against public candidates and public political parties can be treated as a personal matter.

Secrecy still protecting law breaking politicians

Dublin local authorities have issued more than 90 fines to political candidates who failed to remove posters on time after the local and European elections last May (Irish Times).

But once again it has been decided that the great unwashed are not be told the names of politicians/parties who have broken the law.

Fingal and Dublin/Rathdown County Councils said they couldn’t release the names for ‘data protection reasons’.

Dublin City Council did not reveal figures either, haughtily decreeing that:

Enforcement activity will be reported to the Elected Members in due course.

I rang the Data Protection Commissioner’s office to ask were these local authorities permitted to keep such information secret and, if so, under what section of the Data Protection Act they were exercising their power.

I received an acknowledgement and a promise that an answer would be forthcoming within the next 15 working days.

I rang Fingal County Council with the same question and, as usual, I was told to put my query in writing.

I did and received the following reply:

Dear Mr. Sheridan,

I refer to your phone call today and subsequent email. Unfortunately I am not in a position to offer you legal advice in relation to this matter.

Best Regards

My reply:

Dear…

Clearly, you have misunderstood my request. I am not seeking legal advice in any manner or form.

I am merely requesting the relevant section of the Data Protection Act under which Fingal County Council is basing its decision to keep confidential the names of candidates and political parties who have been fined for failing to remove election posters in the recent local and European elections.

My request is specifically focused on the following quote in today’s Irish Times.

She (a spokeswoman for Fingal County Council) said details of the candidates or parties that received fines would not be made available for data protection reasons.

It is reasonable to assume that the spokesperson is aware of the relevant section of the Data Protection Act to which she is referring.

I simply want to know that particular section.

Yours etc.,
Anthony Sheridan

The curious case of the anonymous councillor

Gardai are to prepare a file for the Director of Public Prosecutions after arresting and questioning a town councillor in Cork over the alleged fraudulent claiming of expenses for attending a conference earlier this year.

Curiously and, to my knowledge, unusually, the individual involved is not named in the report.

There was, for example, no problem naming former Fianna Fail TD, Ned O’Keeffe when he was arrested and questioned in relation to similar allegations.

In his case there is also a file being forwarded to the DPP.

I rang the Garda Station in Bandon where the councillor was questioned but they declined to name him.

I rang the Garda HQ Press Office and, predictably, was fed a wagonload of pure waffle.

The DPPs office was similarly unhelpful.

Recently, however, an interesting message came to my ear concerning a particular councillor, which may be connected to the case – time will tell.

It’s noteworthy that the arrest followed a complaint by a concerned citizen who became suspicious of the councillor’s activities.

Cleary, Irish citizens are waking up to the damage done to the country by wayward politicians.

Something very odd going on in Wicklow

Ireland is a very shady country when it comes to property matters. This was especially true during the great Celtic Tiger era when the wink wink, nod nod culture reached its zenith.

But what went on in Wicklow County Council last July is very, very odd, even by Irish standards (Irish Times).

Last July Wicklow County Councillors voted to approve management plans to complete the purchase of a three acre site after they had been told a compulsory purchase order had been initiated in 2006.

Apparently, none of the Councillors thought it odd that a five-year-old compulsory order, initiated at the height of the property boom, was now being activated.

They may have been convinced by two assurances from management.

That an original valuation of €5.2 million had been reduced to €3 million after talks with representatives of the owner and occupier. Surely, a not to be missed bargain?

That the money would be recouped from the Department, as the land was earmarked for housing. In other words Wicklow County Council would be enriched at the expense of all other taxpayers.

And then some truth emerged; the land is actually worth no more than €400,000.

So, on first glance, it seems that somebody was trying to pull a fast one on the councillors – but who?

Was it somebody in Wicklow County Council management, was it somebody in the Department of the Environment, was it the owner of the property – was it a combination of all three?

The Attorney General has engaged a senior counsel to investigate the Department’s role in the whole matter so we should soon know exactly what happened.

Ah no, I’m only joking. Senior counsel has been appointed but we’ll never know what happened.

The matter will be dragged out in the traditional manner until it becomes just another giant impenetrable smudge on the by now very ragged taxpayer’s current account book.

'Don't mullock with me or my septic tank'

Some protesters against the septic tank charge were interviewed on Today with Pat Kenny.

We didn’t’ have assistance from any government of any sort or any society. We had to mullock all our lives to put the price of it together and now they’re trying to get more off us.

Well the first fellow that that will come and try to mullock me will end up inside in a coffin and I mean that.

I don’t care if I have to stay in jail for the rest of my life, he’ll get it.

My mother before us, when fellows tried to bully her, she blew the gun over his head and that was the last she saw of him.

Pat Kenny:

Dear o dear, passions running very high.