New Events

Dublin

no events posted in last week

Blog Feeds

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link RTEs Sarah McInerney ? Fianna Fail?supporter? Anthony

offsite link Joe Duffy is dishonest and untrustworthy Anthony

offsite link Robert Watt complaint: Time for decision by SIPO Anthony

offsite link RTE in breach of its own editorial principles Anthony

offsite link Waiting for SIPO Anthony

Public Inquiry >>

Human Rights in Ireland
Promoting Human Rights in Ireland

Human Rights in Ireland >>

Lockdown Skeptics

The Daily Sceptic

offsite link Labour U-Turns Over University Free Speech as it Brings Back Tory Law ? But Removes its ?Teeth? Wed Jan 15, 2025 19:30 | Will Jones
Labour has U-turned over university free speech as it brings back a Tory law clamping down on 'woke' cancel culture ? but removes its "teeth" by dropping the ability of academics to sue their institutions.
The post Labour U-Turns Over University Free Speech as it Brings Back Tory Law ? But Removes its “Teeth” appeared first on The Daily Sceptic.

offsite link Israel and Hamas Agree Ceasefire Deal, Trump Confirms Wed Jan 15, 2025 18:09 | Will Jones
Donald Trump has confirmed that Israel and Hamas have reached a ceasefire agreement to end the war and release the hostages, saying he will continue promoting "peace through strength" throughout the region.
The post Israel and Hamas Agree Ceasefire Deal, Trump Confirms appeared first on The Daily Sceptic.

offsite link Reeves Jobs Bloodbath Continues as Currys Forced to Outsource to India Wed Jan 15, 2025 15:21 | Will Jones
The jobs bloodbath continues as Currys is forced to?outsource more British staff to India?as a result of Rachel Reeves's "tax on jobs", the Chief Executive of the electricals retailer has said.
The post Reeves Jobs Bloodbath Continues as Currys Forced to Outsource to India appeared first on The Daily Sceptic.

offsite link Woke Paris Theatre Goes Broke After Opening its Doors to 250 African Migrants for a Free Show Five W... Wed Jan 15, 2025 13:39 | Will Jones
A 'woke' theatre in Paris known for its radical Leftist shows faces bankruptcy after being occupied by more than 250 African migrants who were let in for a free event five weeks ago.
The post Woke Paris Theatre Goes Broke After Opening its Doors to 250 African Migrants for a Free Show Five Weeks Ago and They Refuse to Leave appeared first on The Daily Sceptic.

offsite link Declined: Chapter 4: ?A Promise Not a Threat? Wed Jan 15, 2025 11:29 | M. Zermansky
Chapter four of Declined is here ? a dystopian satire about the emergence of a social credit system in the U.K., serialised in?the Daily Sceptic. This week: Ella laments to see a tractor plough the last remaining field.
The post Declined: Chapter 4: “A Promise Not a Threat” appeared first on The Daily Sceptic.

Lockdown Skeptics >>

Voltaire Network
Voltaire, international edition

offsite link Trump and Musk, Canada, Panama and Greenland, an old story, by Thierry Meyssan Tue Jan 14, 2025 07:03 | en

offsite link Voltaire, International Newsletter N?114-115 Fri Jan 10, 2025 14:04 | en

offsite link End of Russian gas transit via Ukraine to the EU Fri Jan 10, 2025 13:45 | en

offsite link After Iraq, Libya, Gaza, Lebanon and Syria, the Pentagon attacks Yemen, by Thier... Tue Jan 07, 2025 06:58 | en

offsite link Voltaire, International Newsletter N?113 Fri Dec 20, 2024 10:42 | en

Voltaire Network >>

Legal Aid Farce in Ireland

category dublin | rights, freedoms and repression | opinion/analysis author Saturday July 05, 2003 20:24author by Outsider Report this post to the editors

Irish civil servants guard their unaccountability

In a genuine democracy, every citizen would have the right and the means to sue any branch of the government and to
sue any goverment officer or agent. It doesn't happen in Ireland.

I have a dispute with a certain Irish government department. I have good grounds for suing certain Irish government officials for personal injury to me and my family on account of the negligent manner in which certain Irish government officials performed and failed to perform their duties. My case is valid and would undoubtedly succeed in court. However, I don't have the means to pay legal fees and to risk an adverse judgment with an award for costs against me, which is a real risk in a country like Ireland where something called 'public policy' overrides natural justice.
I applied for legal aid and was refused. Why? Only because Irish government agents wish to remain unaccountable.
The Civil Legal Aid Act 1995 is a total farce. It shields Irish government officials from accountability by declaring that any application for legal aid can be refused if 'IN THE OPINION OF THE BOARD' blah blah blah....
How can you argue with 'the opinion of the Board' - any more than you could argue with 'the opinion of a minister' or 'the belief of a Garda superintendent' under the Offences Against the State Act?
I repeat: in a genuine democracy every citizen would have the right and the means to sue any branch of the government and to sue any person employed by the government. The workings of the Legal Aid Board of Ireland demonstrate the limitations of Irish democracy.
I cannot be more specific about this case and have to remain anonymous because I may be representing myself in court in Dublin soon, after having been refused legal representation by a so-called 'Legal Aid Board of Ireland' which is actually only an 'agency' of the 'Department of Justice' and as such is incapable of impartiality and incapable of assisting any citizen who has a grievance against any branch of the Irish government. Hence the title: Legal Aid Farce in Ireland.
Ireland is not a genuine democracy because Irish citizens do not have the right and the means to sue Irish government officials.

author by .o as ifpublication date Sat Jul 05, 2003 20:34author address author phone Report this post to the editors

of course. But this would necesitate a greater number of practising litigants the lawyers than any people civilised, barbarian or just plain stupid could bear; the perfect democrqcy of LAW for all mqy not exist. Thanks to TV we all feel just a little bit familiar with how to be a lawyer, well a US prosecution or defence lawyer àt least;

do you really want the logical conclusion of the democrats wish?

do you really think human nature so feeble that it could not sustain genuine anarchism?

or do you await "lawyers and lawsuits for All?

dont pay attention to me though I am merely a noted eccentric.

author by Daithipublication date Sat Jul 05, 2003 21:27author address author phone Report this post to the editors

Your case will undoubtably succeed? Did this hit you in the shower one morning, or are you just filled with eternal wisdom? OK, I'm kidding - but it helps not to be so sure, the only way you can go is down from there

I agree that the Legal Aid Board is an absolute mess, however put yourself in the position of someone employed by the Irish government - for all that we know based on your article, your case could be vindictive and spurious and based upon a personal vendetta against this worker. Should there then be an unqualified stream of funding to harass this person further? I'm not saying that you are doing this by any means - but allowing the board some discretion is actually a good idea. There should be safeguards against abuse (which would probably help you out) rather than a lack of any controls.

Having said that, I don't think the answer always in the law - and it rarely lies in the lining of barristers' pockets! I'm not quite sure that "in a genuine democracy every citizen would have the right and the means to sue any branch of the government and to sue any person employed by the government". Again I don't see why government workers should be personally more responsible than private sector workers. I agree that there should be a 'remedy' but not necessarily the 'means to sue'. The American litigation-culture has not necessarily brought about a fairer quality of government, but it has brought about a lot more lawyers. Certainly the right to sue exists generally at present but of course the problem is money. Personally I'd prefer a change in lawyer's fees (ouch, he says, shooting himself in the foot) rather than an increase in legal aid payments.

But in any case - especially if you are going to represent yourself (and it's not all that bad - there have been some famous victories over the state in that context) - good luck :)

author by Realitypublication date Tue Dec 14, 2010 09:52author address author phone Report this post to the editors

People rarely get legal aid for personal injury. It's not a conspiracy it is just how it is. Legal aid is generally only given for crime because you need it. Your liberty is at stake. Your making a conspiracy theory out of a policy in force for years. People get refused legal aid for suing non state bodies for personal injury all the time. Your not being screwed by the system. That's how it works.

 
© 2001-2025 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy