tag:blogger.com,1999:blog-60248829954960609252024-02-07T02:11:31.871+00:00MabeufGav's blog: A scandal sheet of Irish and European news; (ill-informed) analysis of current events; chit-chat; and general buffoonery.Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.comBlogger73125tag:blogger.com,1999:blog-6024882995496060925.post-22075538222265776152015-07-24T10:12:00.000+01:002015-07-24T10:27:52.690+01:0024 centuries later, the Peloponnesian War still rages -it shouldn'tIn watching the unfolding of the recent Eurozone crisis, I am struck by parallels with ancient times. <br />
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For much of the 19th and 20th Centuries, Germany hearkened after the example of Sparta. Orderly, obedient, ruthlessly disciplined, pious, self-confident, xenophobic and oligarchical -the Spartans appealed to successive generations of German elite. Though modern Germany may have shrugged off much of the militarism and the extremism of its predecessors -nevertheless, the love of rules and order is a noted feature of modern Germany and in many ways they are the modern exemplar of the Spartan model.<br />
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By contrast, much of the rest of Europe has come to uphold the ancient Athenian example of innovativeness, free thinking, wholistic justice and above all -democratic rule.<br />
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These two Weltanschauungs, which fueled the decades long Peloponnesian war of the 5th century BC, appear to be fueling much of the acrimony within the Eurozone today. The arguments are much the same:<br />
<ol>
<li>Unbreakable rules V. Free thinking</li>
<li>Conservative V. Sudden acting</li>
<li>Pious V. Liberal</li>
<li>Orderly V. Lively</li>
<li>Quiet V. Noisy</li>
<li>Oligarchical/obedient V. Democratic/Free thinking</li>
</ol>
That such world views can still be in conflict after 24 centuries indicates that this argument is not about Sparta V Athens or Germany V the Periphery or Milton V Keynes or Austerity V Defaults. Rather it is about society, two distinguishable and viable approaches to civilization that persist and will probably always persist.<br />
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Just as in natural evolution different nuanced strategies persist alongside each other in a single species, so it seems humans retain these different strategies maintaining variations adapted to suiting different catastrophes. At present, the catastrophe of finance is favouring the Spartan/German model. But this will not always be the case. Different crises will arise and other countries will come to the fore. Rather than either strategy being better or best -they should be recognized as simply different, enduring and with periods of strength and weakness in both.<br />
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That both models persist is an asset to our species, but appreciating this could be a path to more understanding and less acrimony between neighbouring states. Rather than trying to impose either model on our neighbours through Fiscal Treaties, prescriptive policies and grandstanding referendums -we should see that each approach is in a cycle of ups and downs and try to accommodate both models at each point in that cycle. Compromise where possible and tolerate where necessary.<br />
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The ancient Greeks found it impossible to do this, the resulting wars lasted decades, sapping Greek strength and ultimately leaving them prey to outside conquest. Modern Europeans should make sure they do not follow a similar fate -there are plenty of forces outside of our continent who would love to see us argue like this indefinitely.Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-13071780064904073822015-05-01T11:01:00.002+01:002015-05-01T11:01:22.802+01:00Letter to IT on GRA involving itself in referendum debate (I'm for Yes BTW)it is a shame that reactions to the GRA's call for a Yes vote have broken down along partisan lines -with those of a similar viewpoint supporting the GRA's action and those of a different view opposing it.<br />
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However, this is to confuse two different issues. Whatever view one takes on the referendum, maintaining a politically impartial police force is important to our society and in particular to the holding of polls. Given the important role that Gards play in the holding of polls, maintaining outward impartiality is as important for them as it is for Returning Officers and other poll workers. This burden of maintaining impartiality falls on Gards as a collective -and also as individual Gards. The GRA, in speaking for their members in this way, have shown scant regard for their members' responsibilities to remain outwardly impartial. No matter how sincerely they support this viewpoint, the GRA are letting their members down by compromising them in this way.<br />
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I'm sure the majority of Gards (regardless of which views they hold) would prefer if their representative body would respect the role that they will have to perform on May 22nd and avoid making further comments about either referendum on their behalf. Many of them will have important public roles in the security of polling stations, count centres and especially ballot boxes. They need the trust of the public and both sides of the referenda campaigns to discharge these roles properly. The GRA should not get in the way of that.<br />
sincerelyGav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-12658290154022653662015-03-20T19:57:00.000+00:002015-03-20T19:57:05.103+00:00Pictures of solar eclipse projections -taken Mountbellew Agricultural College 20 March 2015<div class="separator" style="clear: both; text-align: left;">
While studying for an exam this morning I took the opportunity of making some observations from my car. The sun cleared twice and I punched a little hole in a sheet of paper and made the following images with it. They came out very well I think. I was late into my exam as I was taking the second photo.</div>
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<br />Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-87922037003291330972014-04-24T10:33:00.001+01:002014-04-24T10:33:19.390+01:00development of downpatrick head, ballycastleDear sir/madam,<br />
I recently attended an information evening on the proposed development of downpatrick head as a significant point of interest on the wild atlantic way. I'm delighted with the overall thrust of the idea.<br />
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During the meeting, a representative of the council circulated drawings of a possible concept for the development of pollaseantine, the blowhole. I understand though that this concept is not yet confirmed for the site and that you are accepting submissions still for how to develop the site.<br />
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To my mind, the wild atlantic way should try to be what it claims to be -ie, the wild atlantic. We should avoid interfering with the landscape except where there is a real benefit, and leave the landscape mostly as it is. I understand from the meeting that this was a key point in the early planning of the route, as it was understood to be what tourists want.<br />
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On the other hand, I picked up from the information evening, that market research showed that tourists also want to be able to see down into the blowhole. So some development is needed here, to allow a good view, while being as unobtrusive as possible.<br />
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Rather than building an earthen bank around the blowhole (as in the concept I saw this week), may I suggest instead that two to three balconies are created over the blowhole? The view of the blowhole is always obstructed by the need to keep back from the edge, giving limited line of sight to the viewer. Though the plans circulated at the meeting are good and well thought out, they do not radically improve the line of sight of the viewer, and I believe are more obtrusive to the wildness of the place than is strictly necessary. Indeed, in the plans, they include a diagram examining the line of sight afforded to the viewer and it Is not radically better than the present arrangement.<br />
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If instead, we had 3 simple balconies, supported by a steel frame anchored well back from the edge, then these would be minimalistic in appearance from the distance, but when the tourist arrives at the hole, they will be able to walk out over the hole and look down directly at most of the blowhole from one vantage point. Walking around to the other balconies would allow them to take in the remainder. Rather than have a glass wall shield them from the spray, they would have the wind and spray coming directly up at them from below. Some unobtrusive reading material could also be included nearby, with geological, historical information, but not on the balcony itself, as this should be reserved for looking at the blowhole. I would also keep the idea from the current concept, that a simple rest area can be provided, but this should be rotated to face east, as the sea spray from the side of the down and from the blowhole would make this generally unusable if it faced in any other direction. The reading material would ideally be fixed to this structure.<br />
<br />
<br />
Furthermore, the watchtower at the top of the down currently lacks any explanation as to its purpose. A brief explanatory passage needs to be fitted to this to explain its presence. Perhaps the inside of the watchtower could have some aerial shots of the down, as there are many very beautiful aerial photos of the seastack, which visitors may or may not have seen previously.<br />
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<br />
Finally, above the cavemouth, on the south west side of the down, there is a grand view of crashing waves directly below the viewer and west towards ceide. Though this is presently unmarked in any way, I think a little handrail and maybe a description of the places viewed from this point, would draw people over to this spot-one of the best views in Ireland I believe.<br />
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Overall, I am pleased that something is to be done with the down. I know from my own experience of having visitors that they are always blown away by it and if tourists can be persuaded to include it on their itineraries, they will love it and it will deliver a real wild atlantic experience. If they start to arrive, we will start working on developing the local economy from this.<br />
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Sincerely<br />
<br />
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Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-11901516646125092632014-04-08T11:49:00.002+01:002014-04-08T11:50:01.878+01:00Letter to the President on State visit to the UK<div>
I'm a bit late writing to you about this, but I think it would be a very well received gesture if the President addressed the issue of Irish neutrality during WWII while he is in the UK. I believe he will say something about WWI while there, but our stance in WWII really appalled a section of the British public and is still a very significant issue to many ordinary Britons.</div>
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I'm not saying that the President should apologise for neutrality, but to many Britons our stance was seen as equivocal if not actually sympathetic to the Nazis -perhaps it was. I think it would be very well received though if we expressed regret at not having done more to oppose fascism in Europe -by peaceful or other means. </div>
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The truth is that because of our rather fraught relations with Britain and a degree of inherited prejudice, we chose to equivocate about continental fascism, rather than help Britain in an hour of need. It is a lasting shame on Ireland that needs to be addressed some day.</div>
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Just as with 1916 in ireland, WWII has an aura of origin about it for modern day Britain and our part is seen to have been on the wrong side of it. This hardens the hearts of many Britons against Ireland even today, and I would like to see the President using this opportunity to have a go at softening them.</div>
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One meaningful sentence on this, could do a lot.</div>
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It would be especially fitting, as the Queen herself is of that generation, and of that struggle.</div>
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sincerely</div>
Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-58622919921609206502014-02-04T17:12:00.003+00:002014-02-04T17:12:18.300+00:00Submission on the revision of wind turbine guidelines
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<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: Calibri;">Dear Minister,<br />
In response to the consultation on proposed revisions to the wind energy
development guidelines 2006 –I would like to submit the following:<o:p></o:p></span></div>
<br />
<div class="MsoListParagraphCxSpFirst" style="margin: 0cm 0cm 0pt 36pt; mso-list: l0 level1 lfo1; text-indent: -18pt;">
<span style="mso-bidi-font-family: Calibri; mso-bidi-theme-font: minor-latin;"><span style="mso-list: Ignore;"><span style="font-family: Calibri;">1.</span><span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span></span><span style="font-family: Calibri;">When assessing setback as a noise control
method, I would discard the assessment of ground cover types. Ground cover can
and probably will change many times in the lifetime of a windfarm. If a
forestry exists today to shield a home from excessive noise, this could be
felled within 12 months and returned to pasture. Likewise, a home sheltered by
trees, could lose them all in a storm or to disease. It is not permanent enough
to assess noise.<o:p></o:p></span></div>
<br />
<div class="MsoListParagraphCxSpMiddle" style="margin: 0cm 0cm 0pt 36pt; mso-list: l0 level1 lfo1; text-indent: -18pt;">
<span style="mso-bidi-font-family: Calibri; mso-bidi-theme-font: minor-latin;"><span style="mso-list: Ignore;"><span style="font-family: Calibri;">2.</span><span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span></span><span style="font-family: Calibri;">The proposed minimum separation of 500m for
amenity considerations is too static. Current minimum distance requirements
have been left behind by the rapid inflation in the size of wind turbines over
the period. Rather, the minimum separation should be a multiple of the height
of the turbine. This is already the case in other jurisdictions. <o:p></o:p></span></div>
<br />
<div class="MsoListParagraphCxSpMiddle" style="margin: 0cm 0cm 0pt 36pt;">
<span style="font-family: Calibri;">Personally, I believe the minimum distance
should be quite high and I would like to see a minimum separation of at least ten
times the height of the wind turbine. In the recently rejected planning
application for a windfarm development in Cloghan, Co. Offaly, the inspector
deemed that the proposal for 170 metre tall wind turbines would excessively
dominate the landscape as viewed from 34 houses in a 1200m radius. This equalled
a distance ratio of 7 times the height of the wind turbines. However, it should
be remembered that this development was deemed unacceptably obtrusive and I
believe we should therefore implement a minimum distance that is generously in
excess of this. Therefore, a distance of ten times the height of the turbine
seems reasonable to me. <o:p></o:p></span></div>
<br />
<div class="MsoListParagraphCxSpMiddle" style="margin: 0cm 0cm 0pt 36pt;">
<span style="font-family: Calibri;">Furthermore, this will give more
opportunities to more moderately sized developments, while keeping the really
enormous projects away from habitation.<o:p></o:p></span></div>
<br />
<div class="MsoListParagraphCxSpMiddle" style="margin: 0cm 0cm 0pt 36pt; mso-list: l0 level1 lfo1; text-indent: -18pt;">
<span style="mso-bidi-font-family: Calibri; mso-bidi-theme-font: minor-latin;"><span style="mso-list: Ignore;"><span style="font-family: Calibri;">3.</span><span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span></span><span style="font-family: Calibri;">I believe the definition of a noise sensitive
property should include all buildings in which the same people are compelled to
spend a significant amount of time. This should include fixed places of work
-even without permanent structures.<o:p></o:p></span></div>
<br />
<div class="MsoListParagraphCxSpMiddle" style="margin: 0cm 0cm 0pt 36pt; mso-list: l0 level1 lfo1; text-indent: -18pt;">
<span style="mso-bidi-font-family: Calibri; mso-bidi-theme-font: minor-latin;"><span style="mso-list: Ignore;"><span style="font-family: Calibri;">4.</span><span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span></span><span style="font-family: Calibri;">I note that the 40dba noise limit is considered
to be at the lower end of the scale internationally. However, I believe it
should be exceptionally low. Ireland has a dispersed settlement pattern and
will generally have many more people effected by windfarm noise than in other
countries. We should be international leaders in this regard.<o:p></o:p></span></div>
<br />
<div class="MsoListParagraphCxSpMiddle" style="margin: 0cm 0cm 0pt 36pt; mso-list: l0 level1 lfo1; text-indent: -18pt;">
<span style="mso-bidi-font-family: Calibri; mso-bidi-theme-font: minor-latin;"><span style="mso-list: Ignore;"><span style="font-family: Calibri;">5.</span><span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span></span><span style="font-family: Calibri;"><span style="mso-spacerun: yes;"> </span>In
assessing noise at preconstruction stage, the windspeed used to assess noise
output should be at hubheight –not groundspeed.<o:p></o:p></span></div>
<br />
<div class="MsoListParagraphCxSpMiddle" style="margin: 0cm 0cm 0pt 36pt; mso-list: l0 level1 lfo1; text-indent: -18pt;">
<span style="mso-bidi-font-family: Calibri; mso-bidi-theme-font: minor-latin;"><span style="mso-list: Ignore;"><span style="font-family: Calibri;">6.</span><span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span></span><span style="font-family: Calibri;">There is also an issue which I believe should
also pertain to proximity and which is not listed in the consultation document.
Proximity to household watersources should be a factor in assessing wind
turbine developments. The deep foundations required for windturbines inevitably
interferes in watersources. Where householders are depending on watersources in
the vicinity, this should be a factor in granting permission for development.<o:p></o:p></span></div>
<br />
<div class="MsoListParagraphCxSpLast" style="margin: 0cm 0cm 10pt 36pt; mso-list: l0 level1 lfo1; text-indent: -18pt;">
<span style="mso-bidi-font-family: Calibri; mso-bidi-theme-font: minor-latin;"><span style="mso-list: Ignore;"><span style="font-family: Calibri;">7.</span><span style="font-size-adjust: none; font-stretch: normal; font: 7pt/normal "Times New Roman";">
</span></span></span><span style="font-family: Calibri;">Finally, though not mentioned in the document,
visual impact of windturbines should be considered in their own right, in
accordance with the Offaly decision.<o:p></o:p></span></div>
<span style="font-family: "Calibri","sans-serif"; font-size: 11pt; line-height: 115%; mso-ansi-language: EN-IE; mso-ascii-theme-font: minor-latin; mso-bidi-font-family: "Times New Roman"; mso-bidi-language: AR-SA; mso-bidi-theme-font: minor-bidi; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;">Sincerely<br style="mso-special-character: line-break;" />
<br style="mso-special-character: line-break;" />
</span>Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-14970813758261807082014-02-04T12:11:00.002+00:002014-02-04T13:07:22.892+00:00Letter to Minister for Transport about the outrageous cost of RSA licence testing.Dear Minister,<br />
I am writing to express dismay at the mounting cost of obtaining driving licences.<br />
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I have recently considered adding a c category to my licence, but have abandoned the idea purely because of the cost involved. I estimated that it would cost around 1000 euros for lessons, but also a further 700 euros in admin fees. The combined cost of tests, administration and obtaining documents is completely excessive I believe and a serious disincentive to anyone minded to do this test for employment reasons.<br />
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Can anyone justify a system where you have to pay for a theory test and once you pass it and have your permit, then have to pay for and sit another theory test (CPC test -now mandatory for all c licences). Likewise, we must now pay for and sit a practical test for CPC before paying for and sitting the actual driving test. This is pointless and expensive duplication.<br />
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Furthermore, the cost of each of these tests and admin procedures is excessive. How on earth can it cost 55 euros to add a category to an existing licence? Or 72 euros to sit a computerised multiple choice test?<br />
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I fully support efforts to have a high quality testing process, but the present system is unnecessarily complex, segmented and expensive. The RSA should be self sufficient -but not racketeering. You need to impress upon them that as a public monopoly, they must be more responsible with their demands for money.<br />
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sincerely<br />
Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-38721804717393419622013-11-04T16:38:00.001+00:002013-11-04T16:38:07.665+00:00Letter about Irish water -sent to Minister for the EnvironmentDear Minister,<br />I am writing to you about the establishment of Irish Water. In particular about the functions of Irish Water when it is formally established.<br />
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Apart from providing and charging for water and waste water services to domestic and commercial customers, I believe it should have a small public provision function also. <br />
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In particular:<br />-the provision of drinking water fonts in public places, especially tourist hotspots and bus/train stations.<br />-the provision of public toilets in busy public areas.<br />
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These are both activities carried out by local authorities in other countries. The absence of these services in Ireland is a poor reflection on our local authorities, but their introduction could be a major public benefit of the new national utility. Apart from providing a necessary service it will save consumers' resources from wastefully purchasing bottled water when they are out and about, thus freeing up cash to purchase more utility giving items. Furthermore, it would be a major PR coup for the new utility if it was seen to provide a visibly better service than the local authorities have. This could go some way to alleviating the disquiet of water rates payers.<br />
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Ideally, this would be a substantial network of services in every major town, but even if it was only a handful of facilities, I think it would be worth including it in the new Act.<br />
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sincerelyGav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-63731188926204378682013-10-09T12:15:00.000+01:002013-10-09T12:15:33.968+01:00Response to NTA consultation on gradual opening of competition in bus markets from 2016Sirs/madams,<br />
I support the gradual approach to competitive tendering that the NTA is proposing. Time is needed to allow the state operators to adjust and downsize their operations as a more competitive market emerges -but of course, we must make a start somewhere and the sooner the better.<br />
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However, I think the current proposal lacks a means to continue the current advantage of allowing profitable routes subsidise PSO routes. At present, PSO routes are subsidised by subvention, but also by cross-subsidisation from profitable routes. The funding model for PSO routes at present is not replicated in these 2 proposals which simply propose to put a portion of less profitable routes out to tender, without cross-subsidisation from the profitable routes. The result could be higher subvention to make the PSO routes viable. It would also leave the state operators with a more profitable basket of routes.<br />
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Therefore, I think that we must consider levying the profitable routes in order to supplement subvention. In particular, imposing a levy from 2016 when the transition occurs. Otherwise, we will be asking bidders to provide the PSO routes with only part of the financial support the PSO routes enjoy at present. This could result in a poorly subscribed tendering process robbing the whole project of credibility.<br />
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Eventually we need to arrive at a system where profitable routes are auctioned and the proceeds used to boost subvention of unprofitable routes.<br />
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Secondly, the use of fixed assets -stops, stations and depots, needs to be guaranteed to all. There would be no advantage of having new contractors replicating existing infrastructure. A reasonable contribution towards the maintenance and use of these facilities needs to be part of the tendering process. More importantly, sharing of these services with the private operators needs to be part of the renewed contract signed by the state operators.<br />
sincerelyGav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-2015559524608443832013-10-07T15:01:00.004+01:002013-10-07T15:18:37.577+01:00Letter to the Taoiseach on Seanad reformDear Taoiseach,<br />I am writing to you about the recently defeated referendum. <br />
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Firstly, I was incredibly disappointed with the outcome of the vote, and I cannot believe the electorate has voted to keep this purposeless, undemocratic second-house. I offer my genuine sympathy, as I know that this was a difficult bill to pass through the houses and would never have gone before the people without your personal commitment, even when it was against your own personal interests.<br />
<br />
Specifically, I am writing to you about reform of the Seanad. There will be many calls for reform of the Seanad in coming months. Doubtless something will have to be done, but I want to urge extreme caution about reforming it. No reform is better than the wrong reform. In particular, I would be highly sceptical about reforming the Seanad to any variant of a direct election model, as I believe that would give rise to conflict between the 2 chambers and could be a significant impediment to future decisionmaking. If we look at examples of parliaments with 2 directly elected chambers, there is a real danger for political deadlock between them -The United States and Italy are only 2 prime examples.<br />
<br />
One thing that our present constitution has is a single powerful voice -that of the Dail- and giving the Seanad equal status (which would inevitably follow from direct elections) would split that voice and could only be an advantage to obstructionists to all future legislative reform measures. It would simultaneously double the obstacles to future reform measures too. Controversial bills would never pass.<br />
<br />
I recognise that you must do something though, partly because there will be demands for it, and partly because the Seanad as it stands is so repulsive to democracy. But I urge you to be very careful not to deliver us to a situation of political gridlock between the 2 houses.<br />
<br />
I would propose the following scheme as being moderately reformist and politically defensible, without permitting the Seanad to challenge the democratic voice of the Dail:<br />-introduce a rule that noone who has ever sat in the Dail can stand for election to the Seanad.<br />-extend the university elections to all graduates.<br />-introduce a gender quota for the Seanad.<br />
<br />
This would go someway to making the Seanad less of a political parking space for TDs that have been ousted by the electorate. However, I wouldn't obstruct young aspiring politicians to have a term in the Seanad as I don't think it's entirely useless for them to learn something of parliamentary process. This would be especially the case if there was a gender quota, which could eventually lead to a more gender balanced selection of serious Dail candidates. Extending the vote to all graduates is simply reflecting popular demand, though personally, I find it repulsive that anyone should have a second vote simply because they are educated. However, it seems realistically unavoidable.<br />
<br />
More importantly, this scheme would reduce the misuse of the seanad by political parties without creating a schizophrenic parliament with 2 authorative voices (like Italy's). That must be prevented at all costs.<br />
<br />
sincerelyGav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-58372100283510247192013-10-06T08:01:00.005+01:002013-10-09T17:36:06.482+01:00Reforming the Seanad will require a more informed debate than the referendum to abolish it has shownIt is now official that the referendum to abolish the Seanad has been defeated. Though regrettable, it always seemed unlikely that the people would vote to abolish an institution about which most of them have very little information or experience -caution won out.<br />
<br />
The question being decided, the debate will now move on to reform. But reforming the Seanad will be a far riskier business than most imagine. Who will be represented in a reformed Seanad and what power should it have to oppose the Dail?<br />
<br />
The debate on the referendum was dogged by big promises for what a reformed Seanad will do. Much of this was based on the idea of improved scrutiny and a wider base from which to suggest changes to legislation and decisions.<br />
<br />
But this is based on a misconception of what a parliament does. A parliament is not a think-tank, or an arena for deliberation: it's role is to make decisions. There is never a shortage of people -both inside and outside of Parliament- to scrutinise legislation and suggest changes. In almost all cases, there is in fact an overload of ideas and possible actions. The role of the parliament therefore is not to generate ideas for action or to particularly scrutinise the fine details of a proposal (that is done by a much wider portion of society), but to decide a single course of action from the raft of possibilities that are usually served up as a bill passes through it.<br />
<br />
This key point was entirely absent in all discussions of retaining and reforming the Seanad -and it created the false impression that somehow legislation will be additionally scrutinised for being read a second time. In reality, as a bill passes through a second chamber, the same raft of options is presented again in a mildly different packaging. The society that lobbied the first house simply lobbies the second house again in mirror fashion. The second chamber therefore does not bring anything new to the proposal, but that is not its role, its role is to represent the interests of whoever appointed it and give them a veto over legislative reform measures.<br />
<br />
So why do so many countries have second chambers if their only effect is to hamper decisionmaking? In many countries there are interests to take into account other than the people. In Germany and the USA, there are powerful constituent states, historically in Britain there was the aristocracy, in the early days of this State there was the protestant minority who felt threatened by what they perceived as a catholic Dail. In these and many other examples, the indecision created by a second chamber is tolerated -because the interests of those powerful other actors are too important to ignore and a second chamber grants them a veto over the decisions made by the people's representatives in the first chamber. Furthermore, those interests are not institutionally opposed to reform unless it impacts directly on their interests.<br />
<br />
Modern Ireland is a unitary state, with one identity and no significant interest to protect -other than that of the people themselves. Therefore a reformed Seanad can only respectably answer directly to the people, operating as another Dail. There are countries that have 2 chambers directly elected by the people. These are few and their political performance is generally poor. It is not a secret that Italian governments struggle to pass any reforms, because the effort needed to win a democratic vote in 2 houses on a controversial issue is too difficult. Furthermore, 2 electoral cycles mean they are permanently on an election campaign footing. One house effectively stymies the reforming efforts of the other and a state of political gridlock and unstable governments is the outcome. This problem is also visible to a lesser extent in the United States, where the Senate used to be largely appointed by state governors or legislatures -but is now elected by state electorates. The members of each house now get political rewards for opposing the other house. Is this more democratic? Arguably no -representative democracy should mean that the peoples representatives make decisions, but it is difficult to see how democracy is advanced by then having the people's other representatives opposing that decision. The obstacles to reform are doubled and the opportunities for obstructionists are also.<br />
<br />
DeValera, in writing our constitution, understood the value of having a single decisive voice for a single people. He purposefully made the Seanad structurally weak so that it could not oppose decisions of the Dail -while still allowing him to give purely political reassurance to the protestant minority that they would have an additional voice in parliament. An authorative second chamber was an unnecessary obstacle to decisionmaking, so he wisely sabotaged the Seanad from becoming a real political voice. Because of this arrangement, our democracy has never suffered from an inability to make decisions -including tough decisions.<br />
<br />
Most of the reform proposals that are circulating at present are based on the idea of giving the people direct control over the Seanad -to second guess decisions of the Dail. But of course this ignores the fact that the Dail itself is under the control of the people. If such reforms were approved, the people's voice would be heard in parliament, but from 2 sources -and both houses would have a political incentive to visibly oppose the other house. This would be a disaster for Irish democracy. 2 directly elected houses with every incentive to oppose each other and presenting a double challenge to any government trying to heave controversial motions through -would spell endless political gridlock and undermine the central decisionmaking role of parliament. There would be no additional representation -only less (possibly much less) decisionmaking capacity.<br />
<br />
In summary, this writer thinks that now abolition has been rejected, it is best that the Seanad be left unreformed. In particular, directly electing the Seanad in a vocational panel system (as proposed in a recent bill) is a bad idea. The people already have a voice in parliament, giving them another and splitting the democratic voice will only create indecision (possibly paralysis) without serving any additional legitimate interest. Whatever happens next, it is important that parliament retains the ability to decide things -instead of becoming trapped in a tit for tat between 2 equally authorative houses. The debate about the future of the Seanad must be refocused away from the naive idea of our parliamentary chambers operating as grandiose brainstorming sessions or proofreading exercises, rather we must start by addressing ourselves to their actual role -<u>deciding</u> on ideas. We also need to remember that giving more power to the second chamber will inevitably reduce the ability of the parliament to make these decisions.Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-14639886599249888472013-10-03T12:46:00.001+01:002013-10-03T12:50:26.052+01:00Vote Yes to abolish the SeanadEvery single Seanad reform proposal I have seen lately (and there have been quite a few), revolves around giving educated people more power over politics than the average citizen. The starting point is always that there should be lawyers and engineers and business people and people who have run big organisations and doctors etc., and that these people need to be in Government because of their elite skills.<br />
<br />
<br />
But I ask myself why? Why should the educated have more authority than the ordinary? Assuming for a moment that they will be more competent to govern (which I doubt), what gives them the right to more power? Is it more important that a government is packed with experts or that it is accountable to the people -all of the people equally.<br />
<br />
<br />
To me, the most incompetent democratic government is better than an unfairly elected government dream-team. Reforming the seanad therefore is a wasted effort in my eyes. A reformed seanad will either be democratic (and therefore a useless replica of the Dáil) or else it will be undemocratic and have the same elitist bias that the present one has (which I find objectionable in a Republic where we are technically supposed to be born equal).<br />
<br />
<br />
Pointing to other countries is foolish, given that few other countries can be considered models to follow. The House of Lords is hardly an ornament of expertise or democracy. Most of the other bicameral parliaments are federal and have real interests to represent in a second house.<br />
<br />
<br />
Therefore, to me, democracy and the seanad are at loggerheads. The Seanad's existence until now was only tolerable because it was powerless -but that hardly justifies maintaining it. The seanad today is at best useless -at worst elitist. Reforms can make it more or less elitist, but not fair. Abolition of this elitist institution is the only fair thing to do. Vote Yes.Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-29809061421799593242013-07-16T11:15:00.000+01:002013-07-16T11:30:28.705+01:00Select Committee amendments to the Legal Services Regulation Bill 2011Previously, I wrote about the Legal Services Regulation Bill 2011. I mentioned 3 misgivings I had with the text of the Bill and wrote the Minister with these concerns. see <a href="http://outside-of-the-walls.blogspot.ie/2011/12/letter-to-sundry-tds-about-legal.html">http://outside-of-the-walls.blogspot.ie/2011/12/letter-to-sundry-tds-about-legal.html</a><br />
<br />
Happily, he seems to have listened and the amendment list published today deals reasonably well with one of my misgivings and decisively with the other. see http://www.oireachtas.ie/documents/bills28/bills/2011/5811/b5811d-dscn.pdf<br />
<br />
Amendment 29 on this list deals with my main problem -the wording requiring the new Authority to merely keep legal education under review. Amendment 29 extends this to allow the Authority make proposals to the Minister also. While this is far more conservative than what I personally wanted to see, nevertheless it improves the bill considerably. It still falls short of what is in the explanatory memorandum and troika commitments: In particular, commitments to open up legal training to competition. However, it will create a foundation for such liberalisation at a later date, once the Authority is established.<br />
<br />
Amendment 7 follows my advice for dispersing the power of appointing lay members to independent bodies seperate from the Govt. I think this is also an improvement.<br />
<br />
Overall, I am quite happy with the list of amendments published. I think it will make the bill much better and addressess my 2 greatest concerns with it. These amendments deserve to be carried and the Bill to pass in its present form -however, I would still like to see a much more robust approach taken to the liberalisation of training places. An inexplicable monopoly.Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-17805154515077877702013-07-11T14:57:00.000+01:002017-12-29T11:00:40.775+00:00Further correspondence with Coillte about SralagaghI have just sent the following letter to Coillte in response to correspondence from them received this week. My response and their letter pasted below.<br />
<br />
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<span style="font-family: "calibri";">XXXXXXXXXX,<br />
Litigation Manager, Coillte.<o:p></o:p></span></div>
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<span style="font-family: "calibri";">Dear XXXXXXXX,<o:p></o:p></span></div>
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<span style="font-family: "calibri";">Thank you for your recent letter in response to previous
correspondence.<o:p></o:p></span></div>
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<span style="font-family: "calibri";">I interpret your quotation of the definition of “Occupier”
as meaning that you do not see Coillte as falling within this definition (please
correct me if this is wrong, it is not completely clear from the previous
letter).<o:p></o:p></span></div>
<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: "calibri";">However, I do not understand how you can think this.
Clearly, as the landowner, Coillte exercises control over the lands. Turbary
right holders have a right of access and a right to take mud –but that is all.
They cannot buy or sell the land, deny entry, alter it beyond their specific
rights etc. They are not leaseholders and have no control over the land. Indeed,
your suggestion in the same letter that Coillte permit turfcutters to carry out
the repairs only illustrates the control that Coillte retains over this land –and
the consequent liability it retains also. I do not know how the Act could be
interpreted differently.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: "calibri";">Furthermore, without conceding that turbary rights amount to
exercising control over the lands, I would also point out that the road is not
subject to turbary rights anyway and passes between the plots unburdened. The
only attachment of the turfcutters to this road is a right of way.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: "calibri";">It seems obvious that Coillte is the sole occupier,
turfcutters are mere visitors (entrants as of right) and section 3 of the Act
places the burden on Coillte to make the lands safe for visitors and other
entrants. Coillte has been in breach of section 3 since last Autumn.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: "calibri";">I will not address your point that Coillte does not use this
road –that is beside the point.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: "calibri";">I am disappointed by Coillte’s reckless disregard for the
danger to entrants at this location. I would not expect my neighbour to leave a
roadway in such a dangerous condition –let alone a semi-state company.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: "calibri";">However, I can see that this is useless. For whatever
reason, Coillte is happy to leave the road in a dangerous condition, and no one
else can sensibly repair the road without incurring liability themself. Preventable
accidents will follow, hopefully not serious ones.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: "calibri";">I will be making this correspondence available to whoever
has the misfortune to have an accident at this spot so they can demonstrate
that Coillte was made aware of the danger in ample time.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: "calibri";">Thank you for your time, I only regret that we could not
reach a more fitting resolution.<o:p></o:p></span></div>
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<span style="font-family: "calibri";">Sincerely</span></div>
</blockquote>
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==============================<br />
<br />
<br />
<br />
<blockquote class="tr_bq">
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><span style="font-family: "verdana";"><span style="font-size: x-small;">5<sup>th</sup></span><span style="font-size: x-small;"> July
2013<o:p></o:p></span></span></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><span style="font-size: x-small;"><span style="font-family: "verdana";">XXXXXXXXXXXXXXXXXXXXX</span></span></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><span style="font-size: x-small;"><span style="font-family: "verdana";">Re: Lands at Sralagagh,
Ballycastle, Co. Mayo<o:p></o:p></span></span></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><span style="font-size: x-small;"><span style="font-family: "verdana";">Dear XXXXXXXXXXXXXXXXXXXXXXXXXXx,<o:p></o:p></span></span></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><span style="font-size: x-small;"><span style="font-family: "verdana";">I refer to previous
correspondence with yourself and others, including An Taoiseach’s office and
Michael Ring TD, Minister of State for Tourism and Sport.<span style="mso-spacerun: yes;"> </span>The road you refer to is, as you state, a bog
road used by turbary rights holders for bog cutting.<span style="mso-spacerun: yes;"> </span>It appears it is a former Land Commission
road which was in existence when Coillte or its predecessor in title acquired
the lands. <span style="mso-spacerun: yes;"> </span>Coillte has never used this
road and has no requirement to do so in future. It is, as per your map, firmly
within the turbary plots and is used for access to same by the rights holders.
Coillte recognise that you and others have a right over same and have no
objection to the users of the route maintaining and repairing it for their
purposes and in accordance with the rights held.<o:p></o:p></span></span></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><span style="font-size: x-small;"><span style="font-family: "verdana";">With regard to your
reference to the Occupiers Liability Act please note that the definition of
“occupier” therein is as follows:<o:p></o:p></span></span></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span style="font-size: x-small;"><span style="font-family: "verdana";"><i style="mso-bidi-font-style: normal;"><span lang="EN-GB" style="mso-ansi-language: EN-GB;">“occupier”, in relation to any premises, means
a person exercising such control over the state of the premises that it is
reasonable to impose upon that person a duty towards an entrant in respect of a
particular danger thereon and, where there is more than one occupier of the
same premises, the extent of the duty of each occupier towards an entrant
depends on the degree of control each of them has over the state of the
premises and the particular danger thereon and whether, as respects each of
them, the entrant concerned is a visitor, recreational user or trespasser;</span></i><span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p></o:p></span></span></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
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<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><span style="font-size: x-small;"><span style="font-family: "verdana";">Yours sincerely,<o:p></o:p></span></span></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><o:p><span style="font-family: "verdana"; font-size: x-small;"> </span></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><span style="font-size: x-small;"><span style="font-family: "verdana";">_________________________<o:p></o:p></span></span></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><span style="font-size: x-small;"><span style="font-family: "verdana";">XXXXXXXXXX</span></span></span></div>
<div class="MsoNormal" style="line-height: normal; margin: 0cm 0cm 0pt;">
<span lang="EN-GB" style="mso-ansi-language: EN-GB;"><span style="font-size: x-small;"><span style="font-family: "verdana";">Litigation Manager<o:p></o:p></span></span></span></div>
</blockquote>
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<br />Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-33420219001766969322013-06-25T16:47:00.002+01:002013-06-25T16:47:39.390+01:00Letter to CEO of Coillte as frustration with the organisation mountsDear David,<br />I am writing to you in relation to lands owned by Coillte in Sralagagh, Ballycastle, Co. Mayo. Part of this land is burdened by a right of way and turbary rights owned by a large number of individuals. Turfcutting is very active on these lands.<br />
<br />
The lands are accessed by 2 roads which were built in the 1940s and most of which has not received any maintenance in living memory -probably not since they were built. <br />
<br />
However, one of the roads has developed a problem at a small bridge. This bridge started to collapse last year and has since been totally washed away. The gap in the road is being filled in by people to maintain the right of way, but the crossing is very dangerous as it brings the driver (including quite a lot of heavy machinery) past a sharp drop of about 12 foot on an unsuitable base of sponge. It is also being washed away at every rainfall.<br />
<br />
I urge you to take action to make this bridge safe for traffic. Apart from upholding the right of way that burdens the land, I would also point to the Occupier's Liability Acts which require all landowners to keep their lands in a safe condition. I would also point out that the cost of fixing this bridge is quite small (in the hundreds, not the thousands), it only needs a new pipe, some filling material, and a bit of cased concrete on the side with the big fall. The cost of this repair is miniscule when you consider the risk to human life that its current state presents.<br />
<br />
I do not wish to conduct the repairs myself (as suggested by one of your staff to our local TD) as I do not want to take the responsibility/liability for this problem onto myself. That should rightly belong to the landowner. <br />
<br />
I have been corresponding with your litigation section on this matter since February, however they do not seem to appreciate the urgency of it, and especially the risk to human life. In the last 5 months, I have written twice to them myself and also I know a local TD has written at least twice to them urging them to respond to me -all I have received in response to this is a holding letter. I feel we are getting nowhere and are drifting towards an inevitable disaster.<br />
<br />
Please, I ask you to speak with your staff on this matter, and impress upon them that action is needed on this soon. Fully loaded trailers will be crossing this bridge within weeks. This matter should have been wrapped up in the early spring, but is being allowed to drift indefinitely. <br />
sincerelyGav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-62491504192106094072013-05-07T10:16:00.001+01:002017-12-29T10:59:45.363+00:00Follow up letter to Coillte as the road in Sralagagh was left incompleted<br />
<br />
Dear XXXXX,<br />
I am a little disappointed not to have received any reply from Coillte to my previous letter about the ownership of lands in Sralagagh, Ballycastle, Co. Mayo (sent in the last week of February 2013). Since my letter was sent, alerting you to the reckless state of Coillte's lands in Sralagagh (and reminding you of the obligations of landowners under the Occupier's Liability Acts) nothing productive has been done to fix the dangerous bridge I referred to. <br />
The bridge is needed by dozens of local people who are now crossing over a perilous bridge which has been left to crumble away. The danger to even light traffic should be obvious from my previous photographs. Pretty soon heavy machinery with full loads will be making their way across this reckless crossing which Coillte is liable to maintain in a safe condition.<br />
I ask you to please respond to this letter. In particular, to confirm that Coillte is indeed the owner of this land and to explain what actions you intend to take to safeguard against loss of life.<br />
<br />
It really is too bad that lives are being endangered for the want of a few hundred euros worth of pipes, gravel and labour. The fact that nothing has been done with this road since the 1940s is in itself disgaceful, but the continuing disregard for endangering life and property is something that will damn Coillte when inevitably an accident actually does occur at this spot. I feel I am taking my life in my hands literally every weekend as I cross this treacherous bridge.Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-5186981183357193742013-03-18T21:19:00.001+00:002013-03-18T21:19:20.403+00:00Some better pictures of the work done so far in sralagagh. I'll take another picture when the work is complete<div class="separator" style="clear: both; text-align: center;">
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<br />Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-42749384044112400542013-03-16T19:21:00.001+00:002013-03-18T21:25:56.889+00:00Success in sralagaghI was just back in Sralagagh, and it seems that work has commenced on repairing the bridge. The whole thing has been excavated. I have not heard anything back from Coillte, but given the more committed approach this time, I assume the bridge is being repaired by Coillte.<br />
<br />
This is a good outcome for everyone, and indeed nothing has been done with this road since the 1940s, so the involvement of Coillte in a bit of road maintenance here could be the beginning of a more general improvement to the road. The benefit to Ballycastle would be significant as many people are reliant on Sralagagh banks.<br />
<br />
If indeed it is Coillte doing this, then I will write a nice letter to them to thank them on behalf of everyone.<br />
<br />
I'll pop over again and take better pictures if i can.<br />
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Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-51897655895152937052013-02-25T11:03:00.004+00:002013-02-25T14:43:28.159+00:00After discovering that in fact Coillte now owns the lands in Sralagagh, I wrote to them insteadDear sir/madam,<br />
I am writing to you in connection with lands owned by Coillte in Sralagagh, Ballycastle, Co. Mayo (folio 647f -the former of estate of John Mennis). Much of this land is under forestry, but there is also an area that is subject to turbary rights which are owned by many people in the locality. The roads in and out of this area are relatively busy for bogland -with turfcutting in the summer, heavy machinery passing up and down and also local tourists using the area for the "Sralagagh loop walk" and also deer spotting.<br />
<br />
Unfortunately, one of the bridges into the bog has become dangerous. Despite some well meaning repair attempts by locals, the situation has not improved and the bridge is slowly crumbling. Please see pictures attached. This bridge has been dangerous for some time, and has gotten worse over the winter. I believe it is only a matter of time before there is a serious accident at this bridge and a vehicle will topple into a big gulley (possibly with a heavy cargo on board) creating a serious danger to human life. At the very least there is a risk to the property of visitors.<br />
<br />
As the landowner in this location, and conscious of the Occupier's liability acts, and furthermore conscious that previous spontaneous repairs (in this location and elsewhere on the bogs) by locals have been counterproductive at times -I ask you to move quickly to repair this bridge. The rest of the roads on this land would also benefit from a general upgrade (and indeed they are relatively short and would be inexpensive to improve) -however, this spot is an urgent risk to human life and turfcutter's property, and regardless of whether the rest of the road is improved it is vital that this bridge is repaired ASAP..<br />
<br />
I attach a map to identify the location of the bridge I speak of.Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-18787705063653029352013-02-07T13:31:00.001+00:002013-02-07T13:31:37.650+00:00Submission to the Constitutional Convention
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<span style="font-family: Calibri;">Dear convention members,<o:p></o:p></span></div>
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<span style="font-family: Calibri;">Article 15.14 states that noone can be a member of both the
Seanad and the Dáil at the same time. However, it imposes no further
restrictions on politicians crossing over from one house to the other. In
practice, a great many senators/TDs have spent time in the other house. This
movement of personnel from one house to the other has harmful effects for
politics. It allows political parties to use Seanad seats as a publicly-funded
promotional tool for future potential TDs. It also allows parties to preserve
the political status of TDs who have been voted out of office by the people,
but who may be reelected in future. Neither use is in keeping with the role of
the seanad as a true second house.<o:p></o:p></span></div>
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<o:p><span style="font-family: Calibri;"> </span></o:p></div>
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<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: Calibri;">Furthermore, the European parliament is used in much the
same way, with candidates standing without any serious intention of dealing
with EP business, but rather as a means of publicising themselves for future
Dáil seat contests.<o:p></o:p></span></div>
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<o:p><span style="font-family: Calibri;"> </span></o:p></div>
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<span style="font-family: Calibri;">I propose a revision of 15.14 to extend it to the European
Parliament and to impose a delay of 3 years for any politician leaving one of
these bodies before they can take a seat in one of the others. In this way,
candidates running for a Seanad or a European Parliament seat could not use it
merely as a platform for a future Dáil election. They would have to commit to
the house they seek election to and take the seat with the intention of
performing that specific role for its own sake.<o:p></o:p></span></div>
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<o:p><span style="font-family: Calibri;"> </span></o:p></div>
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<span style="font-family: Calibri;">Here is my proposed text:<o:p></o:p></span></div>
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<o:p><span style="font-family: Calibri;"> </span></o:p></div>
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<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: Calibri;">"No person may be a member of the European Parliament,
Dáil Éireann or Seanad Éireann within 3 years of having been a member of
another of those bodies.".<o:p></o:p></span></div>
Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-42762991212954573462013-02-07T12:42:00.003+00:002013-02-07T12:42:21.615+00:00Further letter to Leo Varadkar about Aer Lingus<div>
Minister,</div>
<div>
the recent controversy about Ryanair proposing to sell off Aer Lingus' slots at Heathrow should underline the importance of these slots for Ireland. Michael Vaughan of the Hotels Federation made a strong case for their retention on Morning Ireland before Christmas.</div>
<div>
</div>
<div>
I have written to you about this before, but to reitirate:</div>
<ul>
<li>we acquired these slots (and all our international slots) easily, at a time when airport slots were freely available and under a far sighted government policy of improving our flight connections. Because we acquired them so easily, we do not appreciate their value and the difficulty there would be in replacing these slots at any reasonable price once they are surrendered. If you recall my previous letter, I suggested that an oil rich state with lots of cash and poor connections would probably make a bid for AL to gain control of the slots. This appears to already be underway.</li>
<li>a sell off of Aer Lingus will not be able to provide necessary surety that the slots would be protected. Safeguard clauses in the sale could lose their effect if the carrier was subsequently reflagged, bankrupted etc.. Allowing Aer Lingus to be sold with its slots is not an acceptable safeguard of our needs as an island to maintain connections.</li>
<li>the slots should be returned to State ownership and held in a holding company which would ensure that they would be used for flights into Ireland. There are 3 steps necessary to achieve this:</li>
</ul>
<ol>
<li>A sale-and-leaseback agreement must be agreed with AL in regard to the slots. This agreement should take place as part of the overall deal on selling the State's share and settling the question over the pension scheme. The slots should be sold to the state and leased back on a long term lease to the airline. </li>
<li>The slots should then be transferred to a holding company within state control</li>
<li>Once (in the far distance) the leases have expired, the slots should be rented out to any airline (foreign or domestic) to service flights into ireland. This should be spelled out at the beginning as a long term commitment of the slots to AL would probably fall foul of State-aid rules. A mere sale and leaseback arrangement that brought assets within state control should be OK though -and indeed, the protection of transport links for islands is specifically provided for in EU state aid rules.</li>
</ol>
<div>
</div>
<div>
So Minister, I urge you, as part of the overall negotiations on pensions and the sale of the shareholding -please ensure that AL's overseas slots are held in the title of the State. Clever clauses in any sale agreement are no substitute for ownership and we should not lightly give away an incredibly valuable legacy of previous state policy -one of the few things we got right in the last century.</div>
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Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-22619306089535587712013-01-16T15:50:00.000+00:002013-01-18T23:21:45.222+00:00Further letter to Simon CoveneyDear Minister,<br />
I am writing to update you about the situation in Sralagagh, Ballycastle, where the road over your lands had become dangerous for people using the right of way.<br />
<br />
As you you can see from the photos, some well meaning, but poorly conceived repairs have been done by people locally. They seem to have used gravel to fill up the cavity that had developed in the bridge and make it passable again. However, these repairs resulted in a blockage to the drain, which then overflowed and tore the side off the bridge on the downstream side. <br />
<br />
Basically, what would have been a relatively minor repair a few months ago when I first wrote to you, has now become a more expensive job. The bridge is likely to deteriorate further with every heavy rainfall. <br />
<br />
I urge you not to delay in doing something about this as the bridge is still dangerous and the side of it could give way under any vehicle at any time.<br />
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<br />Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-67818068692284053822012-12-05T14:26:00.003+00:002012-12-05T14:28:09.040+00:00Letter to several European Commission staff on the topic of the Internal market for Services<div>
Dear sirs/madams,</div>
<div>
I am writing to urge you to bring forward a proposal for a new services directive.</div>
<div>
</div>
<div>
</div>
<div>
In particular, I am urging you to bring forward a proposal based on mutual recognition of services between member States -as is already in effect for Goods -and which unfortunately had to be removed from the previous services directive.</div>
<div>
</div>
<div>
</div>
<div>
Despite that earlier setback, I believe that now is a politick time to bring forward such a proposal again -for 2 reasons. Firstly, unemployment levels across the Union have been climbing and jobs are a focus for most of the Governments across Europe. </div>
<div>
</div>
<div>
</div>
<div>
Secondly, and more importantly, the escalating talk of a British exit from the EU gives other Member States a powerful incentive to make EU membership more attractive to the UK. I believe that any proposal for mutual recognition of services will benefit from the desire of the other Member States to entice the UK to remain within the Union. A decision to deepen the services market at this time would be a powerful incentive for the UK to remain within the Union to benefit from access to the emerging services market and also to retain a voice as the rules of the services market are developed. </div>
<div>
</div>
<div>
</div>
<div>
Furthermore, those British who are upset by the proposed Banking Union would also be among the main beneficiaries of a services market -thereby giving some political cover for the British Government to cooperate with the Eurozone Banking Union proposals.</div>
<div>
</div>
<div>
</div>
<div>
I would suggest a Directive with a strong and universal principle of mutual recognition for services -with a long implementation period, possibly staggered across different sectors. Such a proposal, would be less intimidating to the MSs than immediate universal opening of services.</div>
<div>
</div>
<div>
</div>
<div>
In any event, I believe we should use the present angst over a possible British exit to develop the services market. Whatever the UK's ultimate choice, the uncertainty created by their possible departure will be a powerful motivational tool for agreement. Agreeing to launch the services market will never be easy, but right now is as good a chance as we are likely to receive -I think the Commission should seize the chance.</div>
Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-83750616292826209682012-11-05T12:30:00.003+00:002012-11-05T12:30:09.719+00:00Letter to Simon Coveney
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<span style="font-family: Calibri;">Simon Coveney,<o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="margin: 0cm 0cm 10pt;">
<span style="font-family: Calibri;">Minister for Agriculture<o:p></o:p></span></div>
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<span style="font-family: Calibri;">Dear minister,<o:p></o:p></span></div>
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<span style="font-family: Calibri;">I am writing to you as the successor to the Minister for
Lands. In particular I am writing to you as the owner of lands in Sralagagh,
Ballycastle, Co. Mayo (Folio 647f).<o:p></o:p></span></div>
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<span style="font-family: Calibri;">These lands are burdened by a right of way to allow for
turfcutting by individuals. Unfortunately, the road through the land has
degraded over many years and is in poor shape. I am not asking for the road to
be upgraded to a high standard –however, the road has become quite dangerous in
at least two locations, and I am concerned that if nothing is done to rectify
this then it is really only a matter of time before a serious accident occurs.
The lands are used by turfcutters and a handful of tourists/hunters. Though
most are familiar with the road and the dangers of these 2 locations, not
everyone is. <o:p></o:p></span></div>
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<span style="font-family: Calibri;">Therefore, as the landowner, I am asking you to take steps
to make the roadway safe. It would not be a big job as there are only really 2
locations that are actually dangerous, and it could save a life someday soon
(not to mention legal proceedings against the Minister as landowner). Perhaps
also, someday in the future when finances are not so constrained, it would be
possible to do a more general improvement on the road, but in the short term, I
urge you to address these immediate problem spots.<o:p></o:p></span></div>
Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0tag:blogger.com,1999:blog-6024882995496060925.post-67068123045788903312012-10-05T03:37:00.000+01:002012-10-05T03:37:49.113+01:00A clarion call for sceptics of the current bank regulation systemAndrew Haldane, well respected expert in banking and bank regulation has recently delivered a devastating speech in the USA on the topic of complexity in bank regulation. In it, he says that not only has bank regulation become much more complex and expensive (by orders of magnitude) in recent decades, but these exceedingly complex analyses of risk within banks may in fact produce inferior results when compared to simpler regulatory strategies.<br />
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This echoes my own thoughts on the matter, and indeed I wrote to the Basel committee on this topic in 2008. The excessive complexity of risk analysis included within regulatory structures is unnecessary and only create loopholes for banks to exploit. Rather, blunt, robust regulation is what is needed.<br />
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Haldane goes on to give dozens of examples of risk analysis by banks and regulators where their complex models in key prudential areas are outperformed by simple (occasionally linear) assessments in predicting future outcomes.<br />
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This must be incredibly depressing for regulators and banks: they have employed hundreds of thousands of highly qualified staff, at massive expense, to conduct risk analysis within the current complex regulatory framework -and their outcomes are not just poor, but actually underperform simple linear models. To say that it calls into question the current, expensive prudential regime is an understatement.<br />
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Haldane is a senior figure in the Bank of England and a respected voice worldwide, his opinions have also been echoed in other quarters -including the former head of the FDIC (and of course myself -only 4 years earlier). His assessment carries weight and it is a welcome intervention in the ever expanding mess that is the current prudential framework.<br />
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Haldane is pessimistic that his advocated simpler approach to regulation (focusing on uncertainty itself, rather than pointlessly trying to measure risk to a certainty) will be adopted in international regulation. In particular, he feels the zeal for reform has been defused by Basel III (which is essentially Basel II with more capital). I hope he is wrong, because apart from too many loopholes, Basel II/III incorporate market influenced risk metrics that actively magnify financial crises. These should have been addressed instead of ignored (along with the absurd overcomplexity of these agreements).<br />
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My logic is simple. If Basel II did not cause the crisis, then what was the point of Basel III? If it did contribute to the crisis, then why is Basel III essentially the same thing only more-so?<br />
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Personally, I go further than Haldane. I don't believe that regulation should focus on trying to prevent bank failures (i.e. ensuring adequate capital for the banks risk profile). This is impossible given the size of the task and the uncertainty inherent in every lending decision. Rather, I think regulation should address the symptoms of bank failures and then simply let them happen. I would leave in place 100% deposit guarantees (for demand or short-notice accounts anyway) and have the deposit protection schemes administered and guaranteed by the Central Banks. In this way, depositors would be assured that their money was safe and bank runs would be averted. More controversially, I would also severely curtail inter bank lending or ownership. For many banks, this would mean a sea-change in their business models. Banking would still be international, but it would be banks themselves that would cross borders, rather than simply capital. The "distribute to originate" (sic) process of interbank lending would end.<br />
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This approach basically isolates every bank, leaving the only exposed parties to a bank failure as investors, investment lenders, and the future contributors to the deposit guarantee scheme (in that order). In such a situation, bank failures would cause investors to lose money, but no bank runs and no systemic crises. The cost of protecting depositors would be paid by all banks (and hence depositors) over the long term. Supervisors would withdraw from prudential regulation altogether and let investors worry about it. <br />
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This approach basically abandons all pretence of prudential regulation -whether it is complex (as at present) or simple (as advocated by Haldane). In my view, regulation is more for the reassurance of society than any real positive impact it has on risks taken by banks. Indeed, regulation and compliance has become so expensive that it would need to deliver a high degree of safety to justify its own cost -clearly it has not done so, banking crises are just as frequent now as they were in the era before regulation. The only reason the recent crisis was any less worse than the 1930s was state intervention, not expensive prudential regulation in the pre-crisis period.<br />
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<a href="http://www.bankofengland.co.uk/publications/Documents/speeches/2012/speech596.pdf">http://www.bankofengland.co.uk/publications/Documents/speeches/2012/speech596.pdf</a>Gav Rochehttp://www.blogger.com/profile/04831954459364234417noreply@blogger.com0