Politics

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Guaranteeing Recidivism

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This article originally appeared in Irish Left Review, Issue 2, Vol 1., published in November 2013. 

Recidivism (from recidive and ism, from Latin recidivus “recurring”, from re- “back” and cado “I fall”) is the act of a person repeating an undesirable behaviour after he/she has either experienced negative consequences of that behavior, or has been treated or trained to extinguish that behavior.

In June 2013, the ongoing rumblings of discontent at the blanket guarantee decision exploded on to the front pages with the publishing of the ‘Anglo Tapes’ recordings by the Irish Independent. After three bank inquires of a sort, through the Nyberg Report, the Honohan Report and the Public Accounts Committee Inquiry, the remaining fog around the events leading up to the guarantee and what happened on the night and early morning of 29th and 30th of September 2008 was such that it only took the selective leaking of a fraction of the tapes held by the ongoing criminal investigation to stoke up public rage and renew calls for a proper inquiry or tribunal[i].

This continuing fog and the far reaching consequence of the decision have led many to reach all sorts of conclusions about who ultimately was responsible. In 2013 commentators like Fintan O’Toole[ii] and Stephen Donnelly TD appear to think that the protection of Irish banks provided by the 2008 guarantee was so devastating for the Irish economy that it must have been insisted upon by the ECB.

More often than not, however, this regularly repeated belief is a conflation of the 2008 guarantee with what Brian Lenihan, and later Michael Noonan, suggested was the insistence of the ECB that unguaranteed senior debt must be paid back after the 2010 bailout.

There is no indication of ECB involvement in the 2008 decision despite Brian Lenihan’s retrospective claim in 2010 that it was impelled by Jean Claude Trichet’s voicemail directive in 2008 to ‘save our banks at all cost’[iii]. On the contrary there is plenty of evidence that there was widespread surprise and anger in Europe at the ‘unilateral’ move and the problems it created, as well as pressure to change it.

It is important to understand that the original guarantee was an Irish decision alone, without any outside involvement, because it helps us dissect the nature of power and class in Ireland. The facts need to be separated from the myths in order to appreciate how decisions like it continue to determine the shape of the economy and the nature of Irish society.

The action in September 2008 is an illustration too of how a type of ‘rentier’ class in Ireland are able to exploit Ireland’s resources without consideration of the consequences for wider society. These rentier capitalists benefit from the managing of assets, whether through financial services, the movement of corporate profits tax-free or investment property. Their interests are boosted by the state leading to the side-lining of productive capital and the continually undermining of labour’s position[iv].

The guarantee was not put in place simply to maintain liquidity to Irish banks. Officials and politicians knew enough to be aware that the problems at Anglo Irish Bank and Irish Nationwide were far greater than one of a temporary lack of liquidity due to a crisis elsewhere. Funds from the Central Bank of Ireland had been provided to Irish banks through unprecedented quantities of Emergency Liquidity Assistance. Banks in other countries were experiencing similar problems and received extraordinary quantities of emergency funding from their central bank during the crisis in September. Yet, significantly, no other EU country provided an unlimited guarantee.

In Ireland’s case the problem was twofold. One, to keep cheap interbank lending available to Irish banks, they needed a guarantee that would remove the sense that Irish banks were increasingly high risk because of their over-exposure to collapsing property markets.

Two, in order to keep the level of emergency liquidity available to ensure that Anglo Irish Bank and Irish Nationwide remained open they needed a guarantee that would make an insolvent bank ‘solvent’. The dangers of this approach were clearly outlined before the decision was taken, yet we are still asking ‘why did they do it?’

To try and answer that question we have to go back to the last time the Irish government provided an unlimited guarantee to the banks to enable them extract themselves from a speculative fiasco even though there was incredible risks to the wider economy by doing so.

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The Crisis of Irish Democracy

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The current crisis of Irish democracy is not the one currently being given space in the nation’s mainstream media outlets. Ungovernability is supposedly just around the corner according to some. A “sinister fringe” is engaging in acts of violence. “Marxist-Leninists” are standing in the way of the government and its wishes. Michael Noonan is on record as saying that he and his government “govern for the reasonable people,” and not the sinister fringe of ungovernable Marxist-Leninists in our midst. Reading this, one would imagine that the Red Army of old is engaging in ideological, and very physical, warfare on Ireland. Of course this is sheer nonsense, but the ghost of the “Dreaded Red” is well risen from its grave, courtesy of the necromancers currently inhabiting Dáil Éireann. Such propaganda is a reaction to the citizens of Ireland having had enough of years of austerity measures.

They have taken to the streets, engaged in peaceful protest, and civil disobedience, in order to show their contempt for their treatment by the government. Compared to other European countries over the last few years, Ireland has been relatively quiet on the protest front. The planned introduction of water charges has changed all that. And now, the government and the Irish media, are panicking. A citizenry of a Western and ostensibly democratic state is not supposed to be actively engaged in the democratic process. To do so is to cause a “crisis of democracy”. This is nothing remotely new. During the 1960s and 1970s, people on both sides of the Atlantic demanded equal rights, an end to war, and generally demanded social change from their leaders whom they considered to have failed in their duty to create an equal society in the post-war years. To that end, they engaged in massive demonstrations and civil disobedience in order to achieve their aims. Such activity on the part of the wider citizenry frightened the leaders of the Western world, so much so that it became the basis of a report by the Trilateral Commission.

Published in 1975, The Crisis of Democracy: Report on the Governability of Democracies to the Trilateral Commission, examined in some detail the causes and effects of the active citizenry that emerged in the 1960s and early 1970s in Europe, the United States, and Japan. Written by three leading academics for the NGO, it is premised on the idea that a previously apathetic citizenry became more active and therefore undermined the credibility and functioning of democracy. Although the introduction states that the report is “designed to make democracy stronger”, the definition of democracy being worked off is a top-down approach to governance in which the population is preferably apathetic, passive, and stratified. All three authors wondered how to make democracy not more democratic or effective in the popular understanding of the term, but how to enable a return to the previous state of affairs of an apathetic, passive, and stratified citizenry.

A “crisis of democracy” was “a breakdown of traditional means of social control, a delegitimation of political and other forms of authority, and an overload of demands on government, exceeding its capacity to respond.” An “increase of social interaction” resulted in the breakdown of the means of “traditional social control imposed upon the individual by collective authorities, especially the state, and by hierarchical religious institutions.” In turn, this meant that citizens “resist any kind of social control that is associated with the hierarchical values they have learned to discard and reject.” Individuality was seen to have usurped traditional civic values and stratification, and therefore people were more free than ever to choose their jobs, friends, partners, and general future, as they saw fit. At the very least, the wider population had decided that they could make those decisions for themselves without government interference.

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joan

A Brief History of Those Who Made Their Point Politely And Then Went Home

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this poem is rededicated to the protesters in Jobstown, Sligo and elsewhere

On this day of tear-gas in Seoul
and windows broken at Dickins & Jones,
I can’t help wondering why a history
of those, who made their point politely
and then went home, has never been written.

Those who, in the heat of the moment,
never dislodged a policeman’s helmet,
never blocked the traffic or held the country to ransom.
Someone should ask them: “Was it all worth it?”

All those proud men and women, who never
had the National Guard sent in against them;
who left everything exactly as they found it,
without adding as much as a scratch to the paintwork;
who no-one bothered asking: “Are you or have you ever been?”,
because we all knew damn well they never ever were.

KEVIN HIGGINS

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1916, the poppy and Ulster Unionism: A More Rounded Memory in the Decade of Centenaries

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Whether you agree with wearing a poppy or not, all Irish people who fought between 1914 and 1918 deserve to be remembered. Since the 1990s and the Peace Process in Northern Ireland, the Irish nationalists who went to fight for the British army in the Great War have re-entered the public’s historical consciousness. However, we are still slow to recognise the role that Ulster unionists played in the war.

The 1916 Easter Rising is a central event in modern Irish history, and is particularly significant in the development of Irish nationalism. Equally, the massive losses suffered by the 36th (Ulster) Division at the Battle of the Somme in 1916 were a formative event in the development of Ulster unionism. 1916 is a crucial year in history for both communities on the island of Ireland. Loyalties were consolidated and identities were crystallised in the GPO in Dublin and in the trenches at the Somme. While considerable differences existed between the two communities before 1916, the events of that year polarised them. Both nationalists and unionists would look back on the events of 1916 as moments of great sacrifice which were endured to assert the rights of their respective communities.

As Professor Keith Jeffery has convincingly argued, the First World War was the single most significant event of the Irish experience of the twentieth century. 210,000 catholic and protestant men from the island of Ireland enlisted in the British Army, 50,000 of whom were killed. Despite this, there persisted what historian F.X. Martin referred to as a ‘collective amnesia’ regarding these events in the Republic. Historical research, public discourse and political commemoration focused on the military events which happened at home during this time. The 1916 Easter Rising was regarded as more important than the experiences of Irishmen who fought in the British army on the continent between 1914 and 1918. About 2,000 rebels took part in the insurrection against British rule, while up to 105,000 Irish nationalists were fighting for Britain on the continent.

In the more inclusive atmosphere of the 1990s, fostered by the Peace Process, historians began to examine the role Irishmen played during the First World War. One fascinating aspect of the war was what it meant to the different confessional communities on the island. Nationalists were encouraged to enlist so that Home Rule would be implemented upon their return, while unionists joined up to prevent the implementation of Home Rule. There was also a new found appreciation of the difficulties faced by Irish nationalists returning home to a country where an armed rebellion against the British had taken place while they had been in Europe fighting for the King. This more inclusive analysis of the 1914-1918 period has deepened our understanding of the complexities of life and loyalties in Ireland at that time.

However, in the Republic, there is still a gap in the public understanding of the events of the period. The Ulster unionist experience of the Great War needs to be further explored and this is particularly pertinent as we approach the 100th anniversary of 1916. Less than three months after the Rising in Dublin, 5,500 men of the 36th (Ulster) Division were either killed, wounded or declared missing in the first two days of fighting at the Battle of the Somme. The 36th was drawn from the Ulster Volunteer Force, established in 1912 to prevent the imposition of Home Rule in Ireland. The wartime contribution and sacrifices made by Ulster unionists left an indelible mark upon the psyche of that community. Murals of the Somme can still be seen on Belfast gables and the battle is commemorated every year. If we are to fully grasp the dynamics and complexities of this period, it is essential that the Ulster unionist experience of the war be further explored and remembered.

The first stages of the Peace Process allowed for a reinterpretation of recent Irish history, resulting in a new found appreciation of the role played by Irishmen in British uniform during the First World War. But the role of Ulster unionists, their motivations for enlisting, the sacrifices they made and their commemoration of the war are aspects of the Irish experience are unknown in the south. While the 1990s provided the impetus for the exploration of the forgotten aspects of Ireland’s wartime past, this decade of centenary commemorations is the perfect opportunity to explore the Unionist experiences of the war. With the 100th year anniversary of 1916 approaching, there needs to be a greater awareness of the sacrifices made by those at the Somme. Just as the Rising was a formative event in the history of Irish nationalism, the Somme is equally important in the development of Irish unionism. A more comprehensive historical understanding of the divisive year of 1916 can foster empathy between the two communities on the island. This is critical for the development of the Peace Process.

A better understanding of the formative events in the histories of both nationalist and unionist communities is required if the Peace Process is to continue. 1916 is the fulcrum around which ideas of loyalty and badges of identity have been based. In this decade of commemorations, and as we approach the 100th year anniversary of 1916, a more rounded assessment of this period of Irish history is needed. In order to achieve this, we must – in the words of playwright Frank McGuinness – ‘Observe the Sons of Ulster Marching Towards the Somme.’

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The Rise of Sinn Fein and the Abuse of the Past

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Speaking at a fundraising event in New York last week, Sinn Fein leader Gerry Adams remarked that during the War of Independence, Michael Collins had his men enter the offices of the Irish independent, hold the editor at gun point, and dismantled the printing press. This was in response to that papers accusation that Collins and his men were guilty of ‘murder most fowl.’ He went on to say ‘I’m obviously not advocating that.’[1]

Notwithstanding this qualification, Adam’s comments have been criticised by his political opponents and by the media. Such criticism is yet another example of the fear of the rise of Sinn Fein and the desire of the established parties, as well as some sections of the media to vilify the party. Opponents of Sinn Fein point to the party’s violent past in an effort to discredit its current leadership and to scare the public into thinking that Sinn Fein still advocates violent methods.

The Irish state: Born in Violence

On Easter Monday, 1916, a tiny, unrepresentative armed group, comprising of Irish Volunteers who had not gone to fight in the Great War and members of the Irish Citizens Army, affect a military insurrection which primarily took place in Dublin city.  More civilians were killed during Easter week than British soldiers or Irish rebels.

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Left Forum Talk: “Cybersocialism”, by Dr Paul Cockshott

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Left Forum Public Meeting: “Cybersocialism”

Left Forum public meeting on the subject of “Cybersocialism”, by Dr Paul Cockshott of University of Glasgow.

The talk will explore questions around how a centrally planned socialist economy could be realised using mathematical techniques supported by advanced information technology.

For anyone who read the novel “Red Plenty” this should be right up your street.

Time: 7:30pm, Tuesday 18 November

Place: Unite Hall, Middle Abbey St., Dublin 1

Facebook event notice

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Resisting the Water Charges and Defending Our Right to Protest

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Statement from Communities Against Water Charges
Resisting the Water Charges and Defending Our Right to Protest

We are residents of a number of communities in Dublin North East. Over the last number of months we have come together to resist the installation of water meters in our areas, and to oppose this unfair double taxation that the government calls water charges.

For most of us, this is the first time in our lives that we have engaged in any sort of protest and have only done so because we simply cannot take any more of this government’s austerity agenda. At all times we have sought to resist the installation of these meters in a peaceful, dignified and resolute manner.

We are therefore appalled at the recent developments in how An Garda Síochána have policed our protests, and with the blatant campaign to vilify and demonise us that the government and Gardai, supported by segments of the media, launched in recent days.

They have claimed that Gardai are routinely assaulted at protests, and that our movement has been infiltrated by a “sinister fringe” or by “dissident republicans”. We categorically reject these claims. In recent weeks we have been subjected to heavy handed and abusive policing by the Gardai. Men and women, protesting peacefully, have been pushed, pulled and punched by Gardai. To our knowledge not one of our fellow protesters has been convicted of assaulting a member of An Garda Síochána, and violent protest is not something we would endorse or tolerate.

With respect to the claim that our movement has been infiltrated by sinister elements, we reject this also. We are the people on the streets, day in, day out, peacefully resisting these meters; we are mothers, fathers, parents, pensioners, workers and unemployed – we are not sinister, dissident republicans.

In light of these developments, we are genuinely fearful that the Gardai, at the behest of the government, are preparing to become even more aggressive towards our protests and to eviscerate our right to protest.

We therefore call on all of the people of Ireland to come out and support us this coming Monday, 10 November 2014, in Dublin North East. We fear that GMC Sierra will attempt, with heavy Garda support, to enter our areas and install meters that we do not want. It is our intention to continue to resist this unjust tax in a peaceful and dignified manner, but we fear that the decision has been made to strip us of a meaningful right to protest.

Each and every one of us has resolved to resist this tax and these meters, we will continue to do so in a peaceful way, but if we are to succeed we need the support of other communities. If we all stand together, we can resist these charges, retain water as a public good and human right, and vindicate our right to protest.

Communities Against Water Charges
communitiesagainstwatercharges@gmail.com
09 November 2014

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How to Deliver Social Change through Racial Equality in Northern Ireland

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The following is a submission by The Workers Party to: “A Sense of Belonging: Delivering Social Change through a Racial Equality Strategy for Northern Ireland 2014-2024″.

The Workers Party is an anti-sectarian, anti-racist, secular socialist party. We are anti-racist in the sense that we accept the scientific consensus that ‘race’ as an objective descriptor of human diversity does not exist. More importantly, we are also anti-racist in the sense that we oppose violence and discrimination against people perceived to be ‘different’ for whatever reasons. Races do not objectively exist but hate-crimes and other abuses against ethnic minorities are very real and the Stormont government and other bodies in our society must work to end them.

Added to well established ethnic minority communities in Northern Ireland ( the Chinese, Indian, Jewish and Traveller communities), there has recently been an increasingly visible rise in migrant workers from very diverse backgrounds. It is fair to say that large numbers of people in NI embrace this rise in immigration as a positive development: the 2012 Northern Ireland Life and Times survey found that 43 per cent of respondents believed immigration to be ‘good’ or ‘very good’ for the economy, while half viewed Northern Ireland’s new diversity as having a ‘good’ or ‘very good’ cultural impact. The figures suggest that immigrants have indeed delivered for the local economy.According to recent research from Oxford Economics, far from constituting ‘a drain on the public purse’, between 2004-2008 migrant workers contributed over £1.2 trillion Gross Valued Added to the NI economy. However, this rise in the numbers of migrant workers has also been accompanied by a significant increase in racially motivated attacks and intimidation of ethnic minority people. PSNI figures for 2013/14 show that there were 982 racist incidents in NI, an increase of 232 (30.9%) over the previous year. Moreover, according to 2014 Peace Monitoring Report from the Community Relations Council, many more crimes go unreported, a failure which is exacerbated by the presence of paramilitaries in some of the affected areas.

It is our view that since the signing of the Good Friday Agreement the Stormont Government has been remiss in its duty to protect people from hate crimes. This is a part of the overall unwillingness of the chief parties in Stormont Coalition to to tackle sectarianism at its roots in terms of education, housing, ‘peace-walls’ and flags and emblems. The continued existence of segregated communities in an environment of low-paid work and chronic unemployment and of poverty conditions sow the seeds for much of the racist scapegoating and violence that we have seen in working class areas. As journalist Peter Geoghegan notes:

The public administration of ‘Race Relations’ in Northern Ireland is undermined by a fundamental tension between a discourse of Good Relations and normalisation stressing equality and social diversity and a set of structures and practices which privilege sectarian identities. Although the Agreement includes a commitment to diversity beyond the ‘two traditions’ the text itself is a product of sectarian division and, in many important respects, continues to reproduce this bifurcation.

In relation to sectarian ‘bifurcation’ at government level, the Northern Ireland Council for Ethnic Minorities (NICEM) notes that, “the current Good Relations Policy: Together Building a United Community (TBUC) perpetuates the ‘two communities’ approach and omits consideration of race relations in any action plan.”

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From Alpha to Omega Podcast: #055 Encirclement

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This week I am delighted to have Rick Rozoff, long-time anti-war activist, NATO expert, and curator of the – Stop Nato: Opposition to Global Militarism blog. In a wide ranging interview, we discuss the current Ukraine Situation, Zbigniew Brzezinski and the Grand Chessboard, the NATO expansion and encirclement of Russia, and the plight of Syria.

You can check out his blog here: rickrozoff.wordpress.com/

The music featured on this show were:

  • ‘The Order of the Pharaonic Jesters’ by Sun Ra and his Arkestra
  • ‘Cut Em Off’ by Dizzee Rascal
  • ‘Solitude’ by Billie Holiday
  • ‘Isolation’ by Joy Division
  • ‘Blueberry Hill’ by Vladimir Putin

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Revealed: EU science chief promised to be “flexible” towards Israel’s war crimes

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This article was originally published in Electronic Intifada on Tuesday the 15th of October.

Israel’s war crimes sometimes have to be overlooked, according to a senior European Union representative.

During 2013, Israel reacted angrily when Brussels officials issued a policy paper stating that the EU would not award funding to firms and institutions based in Jewish-only settlements in the occupied West Bank. Rather than standing up to Benjamin Netanyahu and his government, the EU’s top figures tried to downplay the significance of the “guidelines” contained in that paper.

One letter — not published before now — shows that some of this downplaying was tantamount to grovelling.

Signed by Máire Geoghegan-Quinn, the EU’s commissioner for scientific research, in November last year, that letter states that both the Union and Israel “are conscious of the need to find flexible ways of implementing the guidelines.” Such flexibility was required, she argued, to “ensure full respect of the Union’s policy in relation to the territories occupied by Israel, while not deterring Israel’s association to EU programs.”

Don’t be fooled

Her attempt to sound balanced and nuanced should not fool anybody.

The only possible interpretation of her letter (published below) is that although the EU considers Israel’s colonization of the West Bank to be illegal, it is willing to compromise on that position for reasons of political expediency.

The construction of Israeli settlements violate the Fourth Geneva Convention. They involve the tightening of Israeli control on land it acquired by force.

In other words, they are war crimes.

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Austerity is Over? Now Back to the Real World

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Headlines and sound-bites abound: ‘austerity is over’, ‘the beginning of the end of austerity’, ‘we beat austerity’ and so on and whatever and sure, why not.

Let’s cut to the chase: austerity is not over. It is entering a new phase. We will now experience austerity ‘below the waterline’. Austerity by stealth, austerity beneath the radar: give it any description but have no doubts. We will continue to suffer austerity, probably up to the end of the decade.

You don’t have to believe me – just look at the Government’s own projections. They clearly show what is in store. And it is not pretty.

The following comes from the Budget 2015 Full Report (Table A.2.2, page 99). In this table the Government projects their spending plans out to 2018. You’ll see that spending pretty much flat-lines, with some slight downward pressure, up to 2018. However, this is what’s called the ‘nominal’ spend – the actual Euros and cents. To get a real world sense you have to factor in inflation.

The Government provides the inflation or deflator figures in Table 5. They estimate that inflation (for the economy, the inflation figure is the GDP deflator) will be over six percent up to 2018. Therefore, public spending – if it is to maintain its value – must rise by that amount. If it falls below that figure, we have a real cut; if it rises above that figure, we have a real increase. So what do we find?

realincrease1

Primary expenditure excludes interest payments; therefore, it is the total spending on public services, social transfers and investment, with other small categories such as subsidies. We find that total real spending will fall by over six percent by 2018.

In regards to public services (estimated on the basis of figures produced in Table A.2.1 on page 97), we find that real spending will fall by five percent. That’s five percent less than we have today to fund schools, hospitals, policing, transportation, enterprise supports – all our public services. That is going to put a real squeeze on the breadth and quality of our services.

As to investment – the key to long-term growth – the Government intends to cut its spending by nearly 13 percent. This will undermine our infrastructural and business capacity. We will fall further behind our trading partners (and competitors) who are investing far more than us. Of all cuts this is the most irrational from an economic growth point of view.

But there’s another twist to this. For populations do not remain static. Our population is estimated by the IMF to grow by over three percent up to 2018 – which means more people to provide services and income supports to. So if we take the real spending cuts above and break them down on a per capita basis what do we get?

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It is worse. Now overall real primary spending falls by nearly 10 percent, with public services falling by over eight percent and investment taking an even bigger hit.

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A New Kind of Trade Unionism Emerging

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This article was originally posted on the Trade Union Left Forum on the 14th of October.

A new kind of trade unionism is emerging and consolidating itself within the right2water campaign, led by Mandate and Unite and supported by OPATSI, the CPSU, and the CWU. These unions are bringing the broader social and economic interests of their members to the fore and committing resources, time and effort to support mobilisation not only of members, but also the working class and communities more generally.

By viewing their members as workers (as opposed to people paying a subscription for work-place representation services) these unions are placing the workers’ immediate social demands alongside, and equal to, their immediate work-place concerns. This is crucial if the trade union movement is to really represent its members and to recover its power and leverage in society. Wage increases alone will not improve the lot of workers while the political economy of the country is being restructured from one made up of citizens to one of customers in a toll-booth economic and political structure.

The TULF on many occasions has suggested that the trade union movement has a unique position in Ireland in having the resources and channels of communication to support the mobilisation of working people in a way that no left party can. And now it seems that some unions are realising this potential, which is both necessary and welcome.

The right2water alliance is a genuine alliance of union, political and community groups, making a clear demand and statement, “calling for the Government to recognise and legislate for access to water as a human right. We are demanding the Government abolish the planned introduction of water charges.”

As well as the five unions mentioned, community groups and parties have signed up to the campaign. Some 40,000 people have signed a petition calling for the scrapping of the water charges, close to 100,000 marched at the demonstration on 11 October, and more local actions are planned for 1 November.

The right2water campaign is not dictating tactics to communities or individuals but is building and growing a broad campaign of groups and people based on the principle of water as a human right and as a publicly owned utility and resource. Some on the left have attacked the campaign for not demanding non-payment; but at this moment building the biggest, broadest alliance against water charges and privatisation is the priority. A turn towards direct non-payment may be necessary in the future, but right now the campaign’s strength is in growing and building the alliance rather than splintering over tactical matters.

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TTIP Trade Deal: Bad for Democracy

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European and American civil society have deemed the Transatlantic Trade & Investment Partnership (TTIP) an anti-democratic threat to the environment, food safety and workers’ rights. Barry Finnegan explains.

While likely to generate increased profits for large companies by removing and reducing production costs associated with health and safety standards (referred to as ‘unnecessary and burdensome, restrictive barriers to trade’), neither citizens nor parliamentarians can get access to the details of the TTIP currently being negotiated by the European Commission and the US Department of Trade; while claims of economic and job growth have been exposed as mere marketing messages.

Private Corporate Courts

Despite the fact that the EU and the US have the world’s most advanced and well-financed legal systems, the TTIP makes provision for a new private ‘court’ called an Investor-State Dispute Settlement (ISDS) which would allow a company who imagines its future profits being reduced as a result of legislation, to sue a government by way of a private arbitration case.

In the absence of a list of clearly identified problems with the Irish and European justice system, only one conclusion can be drawn from the TTIP negotiators’ desire for a private international court for foreign investors which would allow them to bypass Irish and European courts: namely to avoid the jurisprudence and constitutional rights accompanying the application of justice in democratic societies.

This point was well made by Business Europe (the lobby organisation for 35 European national business federations – including our own IBEC) in their document, Why TTIP Matters To European Business, where they explained how they want to be able to use ISDS in TTIP to overthrow the right of the Americans to use the US constitution to protect themselves. They explicitly state: “If in the US a domestic law is adopted after TTIP enters into force and its content violates the [TTIP] Agreement, it can still be found constitutional by domestic courts. So the only possibility for the investor to ensure its adequate protection is to bring the claim to international arbitration”.

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No Easy Victories

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The campaign for the Right2Water in Ireland is rapidly growing in strength and confidence. Working class communities have been staging determined and inspiring protests to prevent the installation of water meters in their areas, the best of the trade union movement has mobilised to help support and coordinate these efforts at the national level and the Irish political left has rallied to the cause. In response to the growth of the movement, the Irish State has let loose its dogs of war. As a result of which recent days have witnessed heavy handed and provocative policing from An Garda Síochána, concentrated mainly in Edenmore, Donaghmede and Coolock.

Footage of Gardai man handling women and minors, and generally trying to intimidate and bully peaceful protestors has emerged. Many protestors have reacted to this with dismay, and believe that the Gardai are in breach of their “oath” because of the way in which they are trying to force through the installation of unwanted meters. This idea that the Gardai are acting abnormally ties into other quasi-legal arguments within the movement about the need for “consent” to be liable to pay the water charges and related matters.

As the movement grows in strength, it is important, also, that its energies be focused, so with that in mind it seems right to dispel some of the misconceptions about the role of the law, and the police, in the struggle for the right to water. The movement and campaign for the Right2Water is the most electrifying and significant development in Irish politics for some years, but in order for it to reach its full potential we should heed Amilcar Cabral’s advice that we ‘tell no lies. Expose lies whenever they are told. Mask no difficulties, mistakes, failures [and] Claim no easy victories’. By dispelling some of the appealing, but ultimately unhelpful, arguments swirling around the movement, it will be possible to move forward in a more determined, focused and effective manner.

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