Tuesday, 18 October 2022

In camera or the dispersion principle .A Dutch "cocoon" or a Spanish camarilla?Law,before and after

Prolixity of laws or proximity to decision making?

Before a law is passed in Ireland it has to be unanimously approved by the Council of State and remains cocooned like a boast in an oyster until that juncture. If it is not so approved,the President is morally and legally obliged to refer it to the Supreme Court to test its legality. The same is the case with the European Union.

In Britain we have a Spanish 'camarilla' or a plant with roots (not the police 'plant' who comes to your home to infer that you are the police source,not him). In Britain,the Privy Council is consulted by the head of state but the sovereign power has no power to approve or disapprove enactments or controvert regulations which infringe long-standing legal rights granted by the Constitution,a system which is built on checks and balances on those in positions of power. That is the role of the House of Lords Judicial Committee which can only strike down a law where a substantive breach of rights or obligations or pre-existing laws relating to the Constitution has taken place.

Monday, 16 April 2012

“Please don’t ask for credit, as a refusal may often offend” (4/2012)

“Please don’t ask for credit, as a refusal may often offend” (4/2012)

Hung on Sinn Fein shops, this is a sterling message to those young militants who took up arms against the state in the 1970s and 1980s.

From distant recall, the British Operations Handbook which I handed over to Pat Doherty’s nominees, "Jim" (Derry) and Raymond Smith (Ballyboden,Rathfarnham,Dublin), contained the following political directions at the beginning before I moved on to the detail of what I called the Peace Process by way of forcing the English to a sincere negotiating position in Ireland by bombing Thatcher’s financial backers in the 1987 election.

My instructions for what I termed a "peace process" was inspired by the glasnost revolution of the social democratic leader Mikhail Gorbachev. They were

1.     reconciliation with unionists and a return to Stormont

2.     taking seats in Stormont as part of a power sharing arrangement

3.     the end of the armed struggle  and eventual destruction of arms and dissolution of the IRA when there was real progress on funding

4.     recognition of the southern parliament (1983)

Taken together these formed the leitmotiv of a movement which reached fulfilment in 1998.

As a secret leader in those days, I can take the responsibility for the positive developments in republicanism but abhor their subservience in our times to MI 5 monitors in their ranks as part of “confidence building measures” (Adams) and “reciprocal arrangements” (McGuinness). 

Joseph Paul McCarroll

In camera or the dispersion principle .A Dutch "cocoon" or a Spanish camarilla?Law,before and after

Prolixity of laws or proximity to decision making? Before a law is passed in Ireland it has to be unanimously approved by the Council of Sta...