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Saturday, 27 September 2014

Seanad Bye-Election 10th October 2014 Blogpost 3

Continuing on my research Seanad Bye-Elections from Seanad Bye-Election 10th October 2014 and Seanad Bye-Election 10th October 2014 Continued.

Seems all Fine Gael (and Labour) had to do was stonewall efforts to find out why John McNulty stood there in front of a High Court Judge and Seanad clerk and said nothing as a 6 day state board appointment was used as on his nomination papers, for a fews days (Monday to Friday) until the ballots were being sent out on the Friday the 26th of September and then it was tool late to stop the election.


The Seanad Returning Officer will sit for the ruling on nominations on Monday 22 September 2014. Ballot papers will be issued on Friday 26 September 2014. News - Department of the Environment, Community & Local Government

Final adjudicated by a High Court Judge as in Seanad Electoral (Panel Members) Act, 1947, Section 38.

The judicial referee at completion of panels.

38.—(1) The President of the High Court or some other judge of the High Court nominated by him shall attend at the completion of the panels and there sit and act as judicial referee.

(2) The Seanad returning officer may, on his own motion, and shall, if so requested by any person whose name is on a provisional sub-panel for the time being under consideration or by the agent of any such person, refer to the judicial referee any question arising during the completion of the panels in relation to any nomination paper, the nomination of any person to a panel, the qualifications of any person for a panel, the statement by the Seanad returning officer of such qualification, or any other matter connected with the provisional panels.

(3) The judicial referee shall there and then decide and announce his decision on every question referred to him under this section by the Seanad returning officer.

(4) The decision of the judicial referee on any question referred to him under this section by the Seanad returning officer shall be final and conclusive and shall not be open to review by any court.

(5) A question may be referred to the judicial referee under this section whether the Seanad returning officer has or has not himself given a decision thereon.


Seanad Electoral Panel Members Act 1954 Chapter V Disqualification of Candidate 4

Chapter V

Death or Disqualification of Candidate.

79A. (1) Where, before the latest time for receiving nominations at a Seanad bye-election, a nominating body satisfies the Seanad returning officer that a person nominated by the body has died or become disqualified for membership of Seanad Éireann, the Seanad returning officer shall forthwith cancel such nomination and thereupon it shall be deemed never to have been made.

(2) Where, before the latest time for receiving nominations at a Seanad bye-election, the Seanad returning officer is satisfied that a person nominated by members of the Oireachtas has died or become disqualified for membership of Seanad Éireann, the Seanad returning officer shall forthwith cancel such nomination and thereupon it shall be deemed never to have been made.

(3) In the counting of the votes cast at a Seanad bye-election, all the preferences recorded for a candidate of whose death (whether before or after the ruling upon nomination) the Seanad returning officer is satisfied before the close of the poll shall be disregarded and regard shall be had in lieu thereof to the next available preferences.

(4) Subject to the foregoing provisions of this section, the fact that a candidate has (whether before or after the close of the poll) died or become disqualified for membership of Seanad Éireann shall not invalidate or prejudice the nomination of the candidate or any preferences recorded for him and, if he is elected, his election shall not be invalidated by reason of his having so died or become disqualified, but he shall be deemed to have vacated his membership of Seanad Éireann immediately after his said election thereto.”

Its seems even death nor disqualification cannot stop the process once the ballots are sent out.

Gavan Reilly political correspondent for TodayFM yesterday reported on the Fine Gael party arrangements to oversee the voting next week in Leinster house. Listen to his report.



It could just be about making sure every member votes and convenient paperwork but it may also put pressure on people in a supposed secret ballot.

CONSTITUTION OF IRELAND
SEANAD ÉIREANN
18

5 Every election of the elected members of Seanad Éireann shall be held on the system of proportional representation by means of the single transferable vote, and by secret postal ballot.


Seanad Electoral (Panel Members) Act, 1947
Method of voting for Oireachtas sub-panel casual vacancy.


73.—(1) Every person entitled to vote at an election under this Chapter shall be entitled to vote at that election in the following and in no other manner, that is to say, by marking and returning by registered or ordinary post to the Seanad returning officer the ballot paper sent to him under section 72 of this Act together with the form of declaration of identity similarly sent to him therewith duly made and completed by him.


S.I. No. 231/2007 - Seanad Electoral (Panel Members) (Prescribed forms) (Amendment) (No. 3) Regulations 2007 describe voting by having a witness sign your declaration of identity and a local to your address authorised officer checking that all the forms are correct,

1. An authorised person is any one of the following:-

(a) the Seanad Returning Officer,

(b) the Clerk of Dáil Éireann,

(c) the Clerk-Assistant of Seanad Éireann,

(d) the Clerk-Assistant of Dáil Éireann,

(e) the County Registrar of the county or city in which is situate the premises the address of which is stated on the envelope (hereinafter referred to as "the outer envelope") addressed to the elector containing the ballot papers, the ballot paper envelope and the envelope addressed to the Seanad Returning Officer,

So postal votes for Seanad still require you to go to authorised person to oversee the process?

How the Seanad is elected Guidebook

The voter, after completing a declaration of identity in the presence of an authorised person, marks on each paper the order of their choice of candidates and returns the ballot papers by registered post to the returning officer.

In the same Seanad Electoral (Panel Members) Act, (1947) there is the,
THIRD SCHEDULE.

Rules for Conduct of Seanad Bye-election for Oireachtas Sub-panel Casual Vacancy.

but it doesn't mention the voting process of Seanad Bye-elections as distinct to that of Seanad general elections.

It doesn't seem to mention authorised person in S.I. No. 148/1949 - Seanad Bye-Elections (Panel Members) (Prescribed Forms) Regulations, 1949. as it does in Seanad Electoral (Panel Members) Act,1947 First Schedule 8(2) and S.I. No. 231/2007 - Seanad Electoral (Panel Members) (Prescribed forms) (Amendment) (No. 3) Regulations 2007.

FIRST SCHEDULE.

Rules for Conduct of Seanad General Elections.

8 Procedure in connection with marking of ballot papers. (2) For the purposes of this Rule, each of the following persons shall be an authorised person:
(a) the Seanad returning officer,

Gerard Craughwell the independent candidate who has allowed us to see into this usually unchallenged process received and shared the details a Fine Gael party internal memo on voting.



One has to distinguish between the witness for the 'Declaration of Identity' (the whip?) and the authorised person who checks the process. The authorised person will probably be the a Clerk of the Oireachtas.

I can find no law against 'compelling any person to vote or refrain from voting' in relation to Seanad Elections as there is with Dail or the Local Elections.

Laws are so complex its hard to know exactly which law applies, or which is reffering to which and there seems to be difference between General Election laws and regulations and or gaps in Bye-elections laws. (eg no need to list nominators in Bye-Election).


S.I. No. 231/2007 - Seanad Electoral (Panel Members) (Prescribed forms) (Amendment) (No. 3) Regulations 2007

Seanad Electoral (Panel Members) Act, 1954

Seanad Electoral (Panel Members) Act, 1947

S.I. No. 148/1949 - Seanad Bye-Elections (Panel Members) (Prescribed Forms) Regulations, 1949.

S.I. No. 91/1954 - Seanad Electoral (Panel Members) (Prescribed Forms) Regulations, 1954.

S.I. No. 68/2002 - Seanad Electoral (Panel Members) (Prescribed Forms) (Amendment) Regulations, 2002

S.I. No. 283/2009 - Seanad Electoral (Panel Members) (Prescribed Forms) (Amendment) Regulations 2009"
-
S.I. No. 297/1995 - Local Elections Regulations, 1995.
ELECTORAL ACT, 1992


Fine Gael and Labour
Fine Gael queueing to out do each other in praise of John McNulty.

Senator Maurice Cummins
"two excellent people" "the two people concerned are very well qualified to be members of that board"
Senator Paul Coghlan
"two eminent appointments" "skills and experience of these two people"
Senator Martin Conway
"eminently qualified"

Minister for Arts, Heritage and the Gaeltacht (Deputy Heather Humphreys)
"considerable business experience"

Minister of State Dara Murphy on Saturday with Brian Dowling on RTE Radio 1
"outstanding candidate" "excellent candidate"
Minister of Justice Frances Fitzgerald
"capable candidate" "a very fine candidate and a very fine member of the Senate."
Minister of State Joe McHugh on Highland Radio,
"a good person, as good guy, a good man" "he had the credentials"

Labour
Labour is doing it best to tell us that state board appointments ( for positioning a Seanad candidate) are an internal Fine Gael party matter.

Minister of Education Jan O'Sullivan That's not my decision. I don't know anything about him other than what I've read in the papers

Minister of Education Jan O'Sullivan Is McNulty a good candidate? Jan: "That's not my decision. I don't know anything about him other than what I've read in the papers."

Except she is supposed to be voting in a Seanad Bye-Election, it is her decision.

Tanaiste and Minister and Social Protection Joan Burton

The nomination is a matter for the Fine Gael Party, its leader and its members. It is not a matter for the Labour Party but rather it is for Fine Gael.

Kevin Humpreys TD on the Week on Polticis RTE 1.

I will vote for John McNulty "its tradition".

Ciara Conway TD in told the Irish Times
“It’s not sitting comfortably. It’s not the way that we should be doing politics,”

but will vote for him?

Micahel McNamara told Clare FM.
unless John McNulty proves his credentials he won't be voting for him.

Is he going to ignore the credentials listed beisde John McNulty's name on his ballot paper and vote for him?

Standard Practice
Joan Burton Dail 25th September 2014.
the party would have nominated people to fill the vacancy. We are talking about a standard practice relating to the filling of casual vacancies and with the Seanad, the vacancy would lie with the party from which the vacancy arose.

Is that officially the rule?

My first blog on this looked at the history of coalition non-competition in Seanad Bye-Elections.

Fine Gael's Seanad Candidate search timeline

Constituency branches were invited to propose people for the Seanad in June.

Samantha Long was asked by her constituency group to write a letter in June she said on the RTE Radio Marian Finuncane Show.

John McNulty The county executive forwarded his name, along with some others, following a meeting in July.

Fionnann Sheahan explained the timeline that was issued on Drivetime at 1hour 19 minutes.

Fine Gael annual pre winter Oireachtas sessions think-in was held in Fota on Cork on the 11th where Minister for Justice Frances Fitzgerald was announced by Kenny as chair of Fine Gael electoral strategy committee. Kenny begins to plan for Fine Gael’s general election campaign.

Heather Humphreys appointed John McNulty to the board of IMMA on the 12th of September.

The Fine Gael Executive Council met in Galway on the Saturday the 13th and were told by a party official that was problem of qualification with the three women said to be on the shortlist.

Fine Gael members were told that John McNulty had been selected on the 17th and his name was published in the Independent on 18th of September by Fionnan Sheahan. Businessman who lost council election to run for the Seanad.

Fine Gael (national) Executive Council nominations 2014 on page 10 of Fine Gael's Ard Fheis Clar (Annnual Conference Programme) but who was elected ?

List I have so far. Fine Gael (national) Executive Council list.

Fine Gael's Promises on State board appointments
Fine Gael Streamlining Government 2008
Transparent Appointments

Fine Gael will establish a new transparent system for political appointments.

In order to achieve this objective, Fine Gael will introduce legislation requiring all ministerial appointments to be laid before the relevant Oireachtas Committee stating the name of the appointee and their qualifications for the appointment. Chairpersons and CEOs will require confirmation of their appointment by the Dáil and will have to appear before the committee for interview prior to confirmation. It will be at the discretion of Oireachtas Committees to decide if they want to hold hearing to scrutinise other appointees.

Fine Gael - Reinventing Government 2010.

32. Vacancies for all paid directorships on public boards will be advertised on the website of the Public Appointments Service, and short-lists
of qualified applicants will be presented to Ministers.

Labour Election Manifesto 2011.
End political cronyism by opening up positions on state boards to all qualified candidates, and require appointments to be scrutinised by the Dáil

end the system whereby appointments to state boards are used as a form of political patronage

publicly advertise all vacancies

Oireachtas committees will consider the suitability of nominated candidates, including having candidates appear before the committee, and it will be a condition
of appointment that board members appear before committees as required.

Labour’s Plan for Reforming Politics, Government and Public Sector 2011

Programme for Government
We will take steps to ensure that all State boards have at least 40% of each gender.


Can not find master set of rules for appointment to state boards, where are they written down? State board code of Practice doesn't have much detail on the appointment process. Many of the state board vacancy notices share the same language, "In making any Board appointments, the Minister will not necessarily be confined to those who make such expressions of interest".

Wednesday, 24 September 2014

Number 18 Moore Street

Updates

State wants post-1916 buildings on Moore Street protected Olivia Kelly 15th April 2015 Irish Times

All but one of the houses was built after the Rising, but all have been attributed “regional significance” by the Department of Arts and Heritage on its National Inventory of Architectural Heritage.
Building of Ireland Survey

National Inventory of Architectural Inventory Data Dublin.zipped csv



8th June 2015 Dublin City Council Meetings
COUNCILLOR JOHN LYONS
Received: 26/09/2014
Replaced: 19/12/2014
That the following 1916 Buildings, identified in the Frank Myles Battlefield Report, commissioned by Shaffrey Associates on behalf of Chartered Land, be added to the list of protected structures as buildings of National historical importance.
1 .O' Briens Mineral Water Building, Henry Place - Occupied by volunteers.
2 .The White House, Henry Place - Occupied and held by Michael Collins.
3. No.10 Moore Street - Point of entry - The First Council of War - Overnight stay.
4. The Bottling Stores rear. 10 Moore Street and Moore Lane - Occupied by Frank Henderson.
5. Hanlons, 20/21 Moore Street - Surrender order accepted by volunteers after consultation with Thomas Clarke, Joseph Plunkett, Michael Collins and Sean Mac Diarmada.

John Lyons my motion on ‪‎Save Moore Street

Again where is the Frank Myles Battlefield Report?

Number 18 Moore Street Original blog.

It seem the main problem is that various official reports have not been published online, but also that at those criticising the process won't publish or make clear the basis for their criticisms either, mainly because again the official reports have not been put online.

Maureen O'Sullivan TD brought Moore Street buildings ages up in the Dail, so I emailed and asked what was the basis for her questions and she said I should ask relatives but I told her they won't release the information. I don't know how she can ask parliamentary question on the basis of details she does not have.

Sandra McLellan also brought up the isssue ad gave some more information on the basis of the complaint.
The evidence exists to show that many of the structures alleged to be post 1916 do, in fact, predate the Easter Rising. Is the Minister aware that the facade of No. 18 was identified as a pre-1916 structure that was still standing in 1916 in the conservation report that accompanied the environmental impact study of 2011 by Gráinne Shaffrey? Does she realise that this key point was omitted from the Shaffrey battlefield report?

They have been many questions in the Dail on Moores Street and news reports and discussions in Dublin City Council and posts on the Save Moore Street Group, referring vaguely of reports that showed they had made a mistake in regard to the age of buildings, this is the first thing I've read it bit more clear which reports they are referring to, yet it still isn't clear, the reports need to be published.

This National Grave Association has extracts from a Shraffrey Report used in Bord Plennala Oral hearing in 2009 but it doesn't mention number 18 Moore Street. I think Dublin City Council commissioned a report from Shraffrey re Moore Street and then Chartered Land hired Shraffey to write some reports for it. The Save Moore Group have also referred to some other report they commissioned, I think. It be nice if the people who claim to have been campaigning this for so long and are looking for support would make this all clearer.

Yes all the reports should be published but if people want Moore Street conserved they should publish what they have in order to explain to people why they think that.

The Environmental Impact Statement for 14-17 Moore Street was not published online. Enviromental Impact Statement for Proposed Works to the National Monument at Nos. 14-17 Moore Street, Dublin 1
The EIS is available for inspection during office hours at the Department’s offices in the Custom House, Dublin 1, and at Dublin City Council’s Civic Offices, Wood Quay, Dublin 8.

Technical Group Submission on Moore St. – January 2013 refers to "Bureau of Military History Archives witness statements (as included in Shaffrey Report, prepared for D.C.C. November 2005)".

In February 2013 Maureen O'Sullivan TD asked,

To ask the Minister for Arts, Heritage and the Gaeltacht if he will forward the Frank Myles Battlefield Report and the National Museum Report and Recommendations on Moore Street to the Save Moore Street group of relatives of the 1916 leaders and insurgents as promised at a 2012 meeting with the group

In general terms, it would be the norm that the release, if requested, of documents associated with such a consent application would take place following completion of the relevant deliberative processes. It should be noted that, as provided for by statute, the environmental impact statement in relation to the application is open for inspection at my Department's offices and those of Dublin City Council.

Sinn Féin Dublin City Councillor Mícheál Mac Donncha, a member of the Council's Moore Street Advisory Committee said 6 October, 2014.

“The recommendation that a battlefield site assessment be carried out has not been met either, although even the assessment carried out by Frank Myles on behalf of Chartered Land identified historic features that will be destroyed under this plan.

Were these reports ever published? The Save Moore Street must have extracts of them they can publish atleast?

She also asked about "Fáilte Ireland report in relation to the Moore Street battlefield site and independence trail, Dublin", was that ever published?
Freedom Trail will put 1916 Rising sites on tourist map Mark Regan 30/12/2013 Independent. Failte Ireland's Dubline Trail doesn't seem to have a Dublin 1916 section.


Dublin City Council
Dublin City Council is going to vote on Moore Street on the 6th of October 2014, discussing a land swap with the developer in order to have the building of a large shopping centre leading from O'Connell street to Moore street started and 14-17 restored and turned into a Museum to be ready for 2016.



Read the proposal as published by Councillor Ciaran Cuffe

Although Moore street Advisory Committee member councillor John Lyons PBP called it 'a very bad proposal'. Moore St land swap proposal is 
'ludicrous'.

Developers Chartered Land would provide €9m for restoration works, and the council would take ownership of the centre in exchange for numbers 24 and 25, which the developers require as part of plans for a new shopping centre.

The decision was deferred on the 22nd of September 1916 Moore Street monument decision deferred Herald.ie By Joyce Fegan – 02 September 2014.



This Moore Street land swap seems like a big deal wrapped up in a small deal and councillors and public will have to be careful to look at the whole shopping centre developement and not just rush to accept buying the national monument.





Moore Street Advisory Committee
Gannon Gary Independent
Ring Nial Independent
Carr Brendan Labour Party
Cuffe Ciarán Green Party
Perry Cieran Independent
Lyons John People Before Profit
McGrattan Séamas Sinn Féin
MacDonncha Mícheál Sinn Féin
Haughey Seán Fianna Fáil

Membership of the Moore Street Advisory Committee 23/06/2014.

I'm trying to figure out what the deal is with 18 Moore street which is due to be demolished soon, people have been saying the Government got the wrong date, see local news story front page story Hope for 1916 buildings as Taoiseach agrees dept was wrong and Our story may save battlefield site and Local News full PDF.

Terry Allen, a senior official in the Monuments Division, told Local News last May that the dissenting historians were right and his office was wrong.
Like James Connolly Heron, grandson of 1916 and labour hero James Connolly, he agrees that number 18, and much of the rest of the terrace, falls into the same historic provenance, build-date and category as numbers 14–17.

And for the first time, newly-appointed Arts Minister Heather Humphries has acknowledged details of the
error that led to the flawed, and very limited, Moore Street preservation order signed and endorsed by her predecessors

I can't entirely trust the Local News reporting on this until I see the background documents but see the Dail question on it asked by Maureen O'Sullivan on the 17th of April, the minister for Arts, Heritage and the Gaeltacht Jimmy Deeenihan seems very insistent in regard to number 18.
So far as I am aware there was an assessment of the buildings. I refer to the report which Deputy O'Sullivan sent me which shows that No. 18 has been substantially altered and rebuilt in the years since 1916. I am aware of documentary evidence in valuation records from 1911 to 1915 and 1915 to 1925 in Thom's Directory which show that this building was in ruins prior to the 1916 Rising. The opening up of plaster work has revealed concrete block party walls confirming the post-1916 date. The report commissioned by the relatives notes that none of the windows or the shop-front are original, as is none of the brickwork over the first floor windows or the chimney. The report indicates that the building was reduced from three to two storeys between 1930 and 1950, meaning that the roof is also new. The report also notes that none of the original features in the interior survive, such as stairs, cornices, doors or partition walls. The report highlights that some fabric of the lower part of the front facade may predate 1916 but the clear evidence is that the structure, shape, layout, fittings, finishes, that now exist in No. 18, were not there in 1916. The report to which I refer is the report submitted by Deputy Maureen O'Sullivan.

What is found in No. 18 is in stark contrast to Nos. 14 to 17, where all four houses retain significant 18th century elements, including staircases, internal walls, doors, partitions, floors, fittings and plaster work. More important, the 18th century building, form and profiles, also survive. I reiterate that this is the report on No. 18 which the Deputy submitted to me.

Is this all true, yes, did they put the wrong date on number 18, there must be some truth in that for them to battle back so hard.

As I have previously noted Dublin City Council have a habit of publishing paltry or unreadable documents, in this case have a look at Moore Street Advisory committee Appendix PDF age profile pg 31. have a look for yourself and see if you can read it.

All Speeches by Minister Heather Humphreys that mention Moore Street.

Save Moore Street group say they have report which questions the more modern date put on the whole of number 18 but won't release it to me or the public :/ I don't know why, it might be an incomplete report, they banned me for insisting it be published but there is another group who also say number 18 had the wrong date put to it by the government www.facebook.com/savemoorestreetdublin.

Chartered Land
Chartered Land the project developers official website for the Moore street Project is here 14-17moorestprojectplan,and it had many drawings of the proposed developement but it seems they have been removed.(Been told site is not out www.14-17moorestcompliance.com), Myself and some media have been mixing up the various groups, there is at least 4 or 5 campaigning on this issue with 2 people using the name James Connolly. Some media have mixed up the 'Save Moore Street' group with this well funded group who also say they are descendents of the rebels of 1916 1916rebellionmuseum who are backing golden circle developer Joe O'Reilly.



this link is the only link to the issuu files that I still have and works.




Green Party Councillor Ciaran Cuffe had another possibly more recent image.




Whats this bit about the national museum people and room size at the end of this Taoiseach will meet relatives to defuse Rising row
The Department of Arts, Heritage and the Gaeltacht said it did not envisage the establishment of a formal museum, due to the size of the rooms.

Tuesday, 23 September 2014

Seanad Bye-Election 10th October 2014 continued

A follow on from my blogpost on
Seanad Bye-Election 10th October 2014
as previous one got too long.

Updates below

List of Candidates
Seanad Bye-Election 2014 - List of Candidates published on the Oireachtas website.

Seanad General Election, July 2007 - Panels of candidates prepared by the Seanad Returning Officer pursuant to Section 43 of the Seanad Electoral (Panel Members) Act, 1947, as amended by the Seanad Electoral (Panel Members) Act, 1954.

10.—Section 43 of the Principal Act is hereby amended by the insertion at the end of subsection (5) of “by notice containing a copy of the panels with the addition of a statement in respect of every person on any panel of the body or persons on whose nomination he was put on such panel”.

I had trouble opening it with Open Office so I uploaded it to google docs



Update 26th September
Provisional list of candidates for Seanad election was published 21 March 37 days before the election on the 27 April 2011 Oireachts.ie - Seanad General Election List of Candidates - 2011

I asked them to publish all the Oireachtas members who nominated each candidate. They only list 1 or 2 proposers (as at top of post).

The Assistant Seanad Returning Officer said.

The list of candidates, which I have sent you, indicates the name of Mr. McNulty's proposer. The Act requires the Returning Officer to publish the names of the four members of the Oireachtas who nominate a candidate for a general election. However, there is no corresponding provision in the Act that would permit the Returning Officer to publish the names of the members who assent to the nomination of a candidate for a Seanad bye-election.

Disappointed not to be told by Seanad who nominated each candidate including, 18 that nominated Gerard Craughwell, they could reveal themselves.





Which explains the two lead proposers for each of the two groups of nine.



Seanad Qualification

The Cultural and Educational Panel qualifications are sated in S.I. No. 116/2007 - Seanad Electoral (Panel Members) (Prescribed forms) (Amendment) Regulations 2007.

With regard to the qualifications referred to in sub-section (2) (c) of that section, Article 18 7 of the Constitution requires that the panels shall contain respectively the names of persons having knowledge and practical experience, of the following interests and services—

(i) Cultural and Educational panel—

National Language and Culture, Literature, Art, Education and such professional interests as may be defined by law for the purpose of this panel.

Note: Professional interests for the purposes of this panel have been defined by law as—

(a) law, and

(b) medicine, including surgery, dentistry, veterinary medicine and pharmaceutical chemistry.

The current Seanad Cultural and Education panel

NamePartyKnowledge and experience
Thomas ByrneFianna Fáillaw
Deirdre CluneFine Gaeleducation
John GilroyLabour Partynational language and culture
Michael MullinsFine Gaeleducation
Labhrás Ó MurchúFianna Fáilnational language and culture


Former Senator Deirdre Clune was elected an MEP in May and it is her seat that is to be filled in the bye-election.

Do the list of people who nominated a candidate get published?

I found many Seanad General Election reports which show who nominited each candidate and list the tabulated vote for general and bye-elections but none list who nominated who for bye-election.

Has anyone seen a completed nomination form is there copy of one out there?

S.I. No. 116/2007 - Seanad Electoral (Panel Members) (Prescribed forms) (Amendment) Regulations 2007 based on S.I. No. 360/1940 - Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940.

Was elected in 2011 and the Office Seanad General Election report list the category of knowledge and Experience they were nominated under Seanad Results 2011 (.pdf page 52)

The Oireachtas website Seanadcount.ie also has the most recent results in excel spreadsheet .xls format.

In 2011 Seanad general election the Provisional list of candidates proposed by Members of the Oireachtas with the list of who nominated them was published on the 21st March 2011 the day the nominations closed 35 days before the election on the 27th April 2011.

Seanad Bye-election order 2014 (official Order), Minister annoucement on Dept of Environment and Local government website

The last day for receiving nominations at the bye-election will be Thursday 18 September 2014 at 12 noon. The Seanad Returning Officer will sit for the ruling on nominations on Monday 22 September 2014. Ballot papers will be issued on Friday 26 September 2014 and the poll will close at 11 a.m. on Friday 10 October 2014.

Terry Leyden on the Seanad election process.

John McNulty FG
His nomination form read "Businessman; board member of the Irish Museum of Modern Art" if he and his nominators feel he was otherwise qualified why cite a board position he had just days ago been appointed to.

Minister for Arts heritage and the Gaeltacht

A motion to suspend standing orders and invite the minister to explain herself was called and won on Tuesady evening. The debate in the Seanad is on this 221mb .wmv video file in the Oireachtas streaming archive. The transcript of the debate on the oireachtas debate record.

Minister Humphreys read a prepared statement an expansion of press release she had sent out yesterday, with alot of extarneous information and filibustering, opposition members asked her critical questions, her party colleagues praised her and read their briefings on John McNulty and then when there was hardly any time left, and the opposition demanded she answer their questions, the Minister re-read her prepared statement and answered no questions.

Seanad debate 23rd September 2014 video which I uploaded to my google drive to use its embeddable player.



The "Debate"
Senator Maurice Cummins
"two excellent people" "the two people concerned are very well qualified to be members of that board"
Senator Paul Coghlan
"two eminent appointments" "skills and experience of these two people"
Senator Martin Conway
"eminently qualified"

Minister for Arts, Heritage and the Gaeltacht (Deputy Heather Humphreys)
"considerable business experience"

As usual Marie Louis O'Donnell just expells nonsense and fluffery, she is a black hole of sense as she says We will all watch with great interest Mr. McNulty's contribution to the Irish Museum of Modern Art over the next five years on the IMMA board as Thomas Byrne as point out again he won't be on it in two weeks.

Labour board appointee
A labour councillor Jane Dillon-Byrne who lost her seat in 2014 Local Elections was appointed to the board of IMMA only some days or weeks later by the previous minister Jimmy Deenihan Department of Arts, Heritage and the Gaeltacht Appointments to State Boards 10 July 2014 . Was she qualified? or was it political patronage, or both? I believe she was an art student who was involved in and sat on many arts related boards before.

Irish Museum of Modern Art
Fiach Mac Conghail IND queried the number of members on the board. The number of board members reduced from 15 to 9 in recent years, yet Sheila O'Regan and John McNultys appointment raised the to 11 members. This is the list of board members I received on I received from
Eoin McGonigal (Chairman)
Eimear O’Connor
Brendan Flynn
Julie O’Neill
Rowan Gillespie
Brian Ranalow
Mary McCarthy
*Emma Goltz
** Eamon Delaney
***Jane Dillon Byrne


∗ The following member was appointed:
E. Goltz Nov 2013

** The following member’s term of office expired:
E. Delaney May 2013

***The following member was appointed:
J. Dillon Byrne May 2014

and the IMMA website has other details in its out of date list.

The following is a list of IMMA’s current board member:

Eoin McGonigal, SC, Chairperson, appointed in February 2000 and reappointed in June 2005 and in July 2010. Appointed Chairperson in December 2001.
Brendan Flynn, appointed in June 2005 and reappointed in January 2011.
Rowan Gillespie, appointed in January 2011.
Emma Goltz, Collector, appointed in November 2013.
Mary McCarthy, appointed in January 2011.
Brian McMahon, appointed in March 2009.
Dr Eimear O'Connor, appointed in February 2011.
Julie O'Neill, appointed in February 2010.
Brian Ranalow, appointed in June 2005 and reappointed in January 2011.

As stated in Independent political editor Fionnan Sheahan's article 26th September Kenny breaks own promise by putting crony in board seat.

I had found that the only mentioned of a reduced board is in a press release in Novemeber 2012 31/10/12 - Deenihan outlines reform actions for Arts, Heritage and Gaeltacht organisations,

National Gallery of Ireland, Irish Museum of Modern Art, Crawford Art Gallery

The boards of the three institutions to be scaled back to a maximum of 9 members each, including the Chair (a reduction of the order of between 40 – 50 %).

Minister Heather Humphreys said in Seanad speech on the 23rd of September that
Legislation is required in order to reduce the number of members of the board, and this legislation is pending.

Programme for Legislation Autumn Session 2014 as published 17th September 2014. Legislation Programme Autumn 2014 PDF

SECTION B
Bills in respect of which heads have been agreed and texts are being drafted
Arts, Heritage and the Gaeltacht
Title of BillPurpose of BillStatus of Bill
32National Cultural Institutions (No. 1) BillTo revise and update the governance arrangements in regard to the National Gallery, Irish Museum of Modern Art and Crawford Art Gallery Cork, including shared services
Publication Expected - Late 2015

and the Dail record. Fiach Mac Conghail also said he thinks neither John McNulty or Sheila O'Regan are qualified for the board of IMMA. You can read their bios used in their apppointment press release.

The Department of Arts and Heritage did put out a call for expressions of interest for any vacancies arising (over the next 12 months) on the IMMA board and other Arts and Museum boards in May 2013 and May 2011, Dail PQ the board seemed to have already unofficially settled at 9 members ( even though officially there where 6 unfilled positions, no vacancies were filled, and its seems to me the last change before Jane Dillon Byrne was put on the board in May 2014 was when Emma Goltz (a collector) was appointed to the board in November 2013 to replace Eamon Delaney who's terms expired in May 2013.


Update 24th September
I finally got through to the company secretary of IMMA Frank Brennan I had to drag the membership of the board out of him (the company secretary). I read out the list of board members I had been given on Monday below and John McNulty and Sheila O'Regan names and he said they were all correct, that there were 11 members of the board currently and that Memo and Articles of the board hadn't yet been changed to make this a maximum of 9 not 15 as stated by the Department of the Arts. I asked if new members had to be installed in some official way or a board meeeting called, he said no that once the Ministers appoints somebody to the board they are on the board, yet he also said he only been informally notified of this that the company had been not yet formally notified. He said they had been told the names but I did not nail down exactly when they were told or what input they had.



I asked IMMA to send me an up-dated list of their board members and the list that Patricia White from IMMA's directors office sent me 2 days ago didn't even have the two new members on it, when they were appointed on the 12th of September. IMMA doesn't know who is on its board. Senator Thomas Byrne FF pointed out that the about page that has the out of date list of board members also says

The members of the Board and the Chairperson are artists and other people with an active interest and/or expertise in modern and contemporary art.

Thomas Byrne also pointed out that if he became a senator he would have to quit the board, meaning he would only serve a few weeks on it, ridiculous. I wondered where that rule was written down and @BrendanSol pointed me to National Cultural Institutions Act, 1997
Membership of either House of Oireachtas or European Parliament. 26.—(1) Where a member of a Board is— (a) nominated as a member of Seanad Éireann he or she shall thereupon cease to be a member of the Board.

Labour Seanad Leader Senator Ivana Bacik said that she didn't want to put responsibility on the Minister (Humphreys), Ivana Bacik thinks a minister shouldn't be responsible for her appointments. Senator Fidelma Healy-Eames asked whether Heather Humphreys knew he was going to a be the Fine Gael candidate for the Seanad when she appointed him, she didn't answer. The Donegal Democrat outlines the timeline of the appointment.

The county executive forwarded his name, along with some others, following a meeting in July. A number of candidates were then interviewed and an email was sent out to Fine Gael members last night (17th September) confirming that Mr McNulty would be the party’s nominee.

Gerard Craughwell IND
There is no Fianna Fail candidate for this Seanad bye-election so presumably a number of Fianna Fail TDs or Senators nominated Gerard Craughwell as well as presumably some Independents, I asked him to list who nominated him but he won't say. I may be wrong on this but its the only possible explaination for the lack of Fianna Fail party candidate that I can think of, Fianna Fail have 34 possible nominators for a candidate of their own. There are 33 Independents nominators across the Dail and Seanad.




It is good that he has put some attention on this process, you can read his statement of motivation, Gerard Craughwell's statement: Seanad by-election 2014 makes a mockery of democracy. I bet he didn't expect to be come across a stroke upon a stroke, this is astounding and beyond issues of hypocrisy in relation to Fianna Fail past. The only other nominee is a local councillor from Armagh Catherine Seeley Sinn Fein's nominee. FG's Seanad nominee given job on state board by Gavan Reilly 22nd Sep 2014.

Heather Humpreys
Heather Humphreys FG was in the bottom 10 of Dail speakers in last year according to Kildarestreet.com and my caluations, The Sunday Times also noted this in an article on the 24th of August 2012 called Silence is truely Golden in the Dail by Theresa Newman which was also based on Kildarstreet.com numbers and prompted me to gather and check them myself.

This is the Minsiter still speaking in filler sentences and mentally reading out her script in this video from Newstalks Richard Chambers when she was asked about why she appointed him by the media.



State Appointment Rules
Can not find master set of rules for appointment to state boards, where are they written down? State board code of Practice doesn't have much detail on appointment process. Many of the state board vacancy notices share the same language, "In making any Board appointments, the Minister will not necessarily be confined to those who make such expressions of interest".


Irish government departments which publish FOIs



I created and have been irreguarliy updating a spreadsheet of departments which publish FOIs logs or the actual replies to FOIs.

About 4 of them publish FOI replies and 7 publishe requests and 5 publish a log.



See ful spreadsheet here

The department of Foreign Affairs is good example of a department who published FOI replies regularly.

The Oireachtas (Parliament) Houue Commission also has published some FOI's

Sunday, 21 September 2014

Seanad Bye-Election 10th October 2014

Updates below

An order has been made by the Minister for Environment and Local Government Alan Kelly for a Seanad Bye-Election will be held on Friday 10th October 2014 News - Department of the Environment, Community & Local Government to replace Deirde Clune MEP elected to the European Parliament in May.

Published on Friday 5th September 2014
Seanad Bye-Election to be held Friday 10 October 2014

Local Government Minister Alan Kelly announced that he has made an order directing that a bye-election be held to fill the vacancy in the Seanad caused by the election to the European Parliament of Senator Deirdre Clune.
Senator Clune was elected from the Oireachtas Sub-Panel of the Cultural and Educational Panel at the Seanad General Election in April 2011.
The last day for receiving nominations at the bye-election will be Thursday 18 September 2014 at 12 noon. The Seanad Returning Officer will sit for the ruling on nominations on Monday 22 September 2014. Ballot papers will be issued on Friday 26 September 2014 and the poll will close at 11 p.m. on Friday 10 October 2014.
The electorate at the bye-election will be the members of Dáil Eireann and Seanad Éireann.
Seanad Bye-Election to be held Friday 10 October 2014 « MerrionStreet.ie Irish Government News Service


Official Seanad bye-election order document

Only Oireachtas (Irish parliament) members can vote in Seanad Bye-elections and only Oireachtas members can nominate as this is Oireachtas panel position.

We all know that the Seanad is so often used by parties to give profile to a Dail election candidate and that Fine Gael are going to pick somebody and use the government majority to vote them through and Labour will support them on this.

The Indo speculated a while ago on who might be picked Kenny will move to fill Seanad seat as autumn by-elections loom - Independent.ie

A Challenger
Gerard Craughwell a teacher of IT at Further Education and former president of the Teachers Union of Ireland TUI and thejournal.ie says a former Fine Gael supporter.

This man wants to stop the ‘silly charade’ and run for the Seanad.

TUI could only endorse me as they cannot nominate for a Oireachtas sub-panel by-election endorsement letter from the TUI.



Seand bye-election candidates require 9 nominators rather then the usual 4 for Seanad general elections. How the Seanad is elected



How often has there been competition from another government partner in an Oireachtas sub panel bye-election replacing a government party member, never.

Gerard Craughwell put a press release outlining his problems and motivatiosn re the Seanad bye-Election Gerard Craughwell's statement: Seanad by-election 2014 makes a mockery of democracy

Its a bit rambling, trying to narrow down the exact problem as he sees it,

A contest?
It is important to note, that by entering this by-election, I believe that I am entering a competition which is designed to ensure that no one, other than a nominee from larger partner in Government, Fine Gael, can win. Indeed not even a member of the Governments coalition partner, the Labour Party, can expect to be elected without the blessing of Fine Gael.

I have been researching Seanad bye-elections just to double check, to make sure, it is the case that government partners rarely contest Seanad bye-elections but decide before hand who they'll support, see Previous Seanad elections. Finding which party a candidate is a member of, to confirm the issue, is the most difficult part.

Representative?
One could argue that the members of our City and County Councils through a democratic process elected Ms Clune a member of the Fine Gael party and as such this is a Fine Gael seat. However this argument fails its first test as in many cases the members of the City and County Councils who voted for Ms Clune have lost their seats.

Of course theres always been an element of Seanad elections that lag behind, as the previous seanad nominates and votes for the new see How the Seanad is elected.

Changes he wants.

I am calling on the Government, the Taoiseach and the Minister for Environment, Community and Local Government to open voting for this by-election to members of City and County Councils as a first step towards the reform that is badly needed for Seanad Éireann.

This seat is an Oireachtas sub panel seat so councillors would not be voting on such a seat in a Seanad general election either.
29/09/2014 Pointed out to me by Joanna Tuffy TD councillors do of course vote for Oireachtas nominees in Seanad General elections not sure why I thought that.

The constitution of Ireland does not seem to say anything about councillors electing Senators or anything specific about how casual vacancies should be filled. It just says
3° Casual vacancies in the number of the elected members of Seanad Éireann shall be filled in the manner provided by law.

The Seanad Electoral (Panel Members) Act, 1947 seems to be basis law for Seanad elections and S.I. No. 148/1949 - Seanad Bye-Elections (Panel Members) (Prescribed Forms) Regulations, 1949. bye elections.

Seanad Electoral (Panel Members) Act, 1947

Chapter III.
The Poll.
The electorate.
44.
—(1) At every Seanad general election the electorate shall consist of:—
(a) the members of Dáil Eireann elected at the Dáil election consequent on the dissolution of Dáil Eireann which occasioned such Seanad general election, and
(b) the members of Seanad Eireann, and
(c) the members of every council of a county or county borough.

I cannot yet find the specific law or regulation which states the electoral roll for Seanad bye-elections is Senator and TDs only.

Your new senator


john mcnulty | Donegal Daily



Donegal County Council 2014 Local Election Results. Electionsireland.org.

This seems to be creating a spread of candidates for Fine Gael in Donegal where Dinny Mcginley (Donegal South West) announced at the reshuffle he wasn't standing again Highland Radio – Latest Donegal News and Sport » Donegal Deputy Dinny McGinley announces he is to retire from politics and Joe McHugh (Donegal North East) was appointed a Minister for State in time for a most of Donegal to be merged into a 5 seater Donegal constituency for 2016. h/t @gavreilly and fionnansheahan. The 2014 Local Election results for Donegal via RTE shows they got 6 out of 37 councillors elected.


The red outline is the Donegal Constituency for general elections after 2014.


They’Ve Gone Gaa Gaa! Another Gaa Figure Joins Election Race | Donegal Daily

Actively involved in the GAA, John is manager of the Kilcar senior and U-21 football teams.



Short audio interview by Greg Hughes with John McNulty on Highland Radio after the news of is nominaton breaks.

Mc Nulty “honoured and delighted” following Seanad nomination

Update 25th September



Join & Support IMMA > Become a Memberm

IMMA Member - Individual €50
IMMA Concession - Individual €30
IMMA Family €100
IMMA Supporter €150
IMMA Benefactor €350
IMMA Gold Benefactor €500


Barry Whyte of Highland Radio says John McNulty had relisehd the role and had previously visited IMMA in Dublin a number of times. discussion on NewsTalk FM starts at 18 minutes.

Member LevelCostMemberhship
Total551
IMMA Member - Individual€50415
IMMA Concession - Individual€3078
IMMA Family€10026
IMMA Supporter€15018
IMMA Benefactor€35010
IMMA Gold Benefactor€5004

IMMA has a national programme to display modern art outside its Kilmainham Dublin home, IMMA currently has an exhibit in Donegal



Nomination Qualifications

Deirde Cluine was elected to the Cultural and Educational Panel of the Seanad Gerarad Craughwell is questioning John McNulty's qualification for the panel, but we see from Seantor Thomas Byrne that people can be refused for a particular panel, but somehow he managened to make it work and become a senator.

A nominee must have knowledge and practical experience are of
Cultural and Educational Panel - national language and culture, literature, art, education, law and medicine.
S.I. No. 116/2007 - Seanad Electoral (Panel Members) (Prescribed forms) (Amendment) Regulations 2007

(i) Cultural and Educational panel—
National Language and Culture, Literature, Art, Education and such professional interests as may be defined by law for the purpose of
this panel.

Note:
Professional interests for the purposes of this panel have been defined by law as—
(a) law, and
(b) medicine, including surgery, dentistry, veterinary medicine and pharmaceutical chemistry.


The Form
For general elections.
Seanad Electoral (Panel Members) (Prescribed Forms)
(Amendment) (No. 3) Regulations 2007


Original Act Form
S.I. No. 148/1949 - Seanad Bye-Elections (Panel Members) (Prescribed Forms) Regulations, 1949.


Seanad Electoral (Panel Members) (Prescribed Forms)
(Amendment) Regulations 2007


There is no Fianna Fail candidate for this Seanad bye-election so presumably a number of Fianna Fail TDs or Senators nominated Gerard Craughwell as well as Independents, I asked him to list who nominated him but he won't say.





See updates re Gerard Craughwell's nomination where he makes it more clear.



Guidebook How the Seanad is elected.

Is this still the basis for the application form.

S.I. No. 148/1949 - Seanad Bye-Elections (Panel Members) (Prescribed Forms) Regulations, 1949.

The Seanad Returning Officer will sit for the ruling on nominations on Monday 22 September 2014. News - Department of the Environment, Community & Local Government

Final adjudicated by a High Court Judge as in Seanad Electoral (Panel Members) Act, 1947, Section 38.

The judicial referee at completion of panels.

38.—(1) The President of the High Court or some other judge of the High Court nominated by him shall attend at the completion of the panels and there sit and act as judicial referee.

(2) The Seanad returning officer may, on his own motion, and shall, if so requested by any person whose name is on a provisional sub-panel for the time being under consideration or by the agent of any such person, refer to the judicial referee any question arising during the completion of the panels in relation to any nomination paper, the nomination of any person to a panel, the qualifications of any person for a panel, the statement by the Seanad returning officer of such qualification, or any other matter connected with the provisional panels.

(3) The judicial referee shall there and then decide and announce his decision on every question referred to him under this section by the Seanad returning officer.

(4) The decision of the judicial referee on any question referred to him under this section by the Seanad returning officer shall be final and conclusive and shall not be open to review by any court.

(5) A question may be referred to the judicial referee under this section whether the Seanad returning officer has or has not himself given a decision thereon.

Gerard Craughwell has posted his CV for the public to see.

22nd September
So Gerard Craughwell submitted his nomination papers to the Seanad Returning officer (Clerk of the Seanad) today the 22nd of September and looked at what John McNulty had listed as his qualifications. The other nominee is Sinn Féin's Catherine Seeley.

He tweeted that his qualification stated he was a board member of IMMA (The Irish Museum of Modern Art), we both went to the imma.ie website to see who was on the board, his name was not there so I googled 'appointments+Irish Museum of Modern Arts' and found a Herald article about former Labour councillor Dillon Byrne given seat on IMMA board in June, just after losing her council seat, I searched the Dail record which showed previous Minister, Department of Arts, Heritage and the Gaeltacht Jimmy Deenihan had indeed appointed her in May just before the cabinet reshuffle and summer parliament recess, which confirmed it officialy. IMMA's website did not list Jane Dillon Byrne as a board members so this confirmed the IMMA website was out of date. So I emailed and called IMMA and emailed the Department of Arts, Heritage and the Gaeltacht asking for an up to date list of board members for IMMA, I eventually got a reply from Patricia White from Director office at IMMA.

Please find attached the list of current Board Members of the Irish Museum of Modern Art.

Board of the Irish Museum of Modern Art (2014)

Eoin McGonigal (Chairman)
Eimear O’Connor
Brendan Flynn
Julie O’Neill
Rowan Gillespie
Brian Ranalow
Mary McCarthy
*Emma Goltz
** Eamon Delaney
***Jane Dillon Byrne


∗ The following member was appointed:
E. Goltz Nov 2013

** The following member’s term of office expired:
E. Delaney May 2013

***The following member was appointed:
J. Dillon Byrne May 2014

John McNulty wasn't listed.

I sent this to Gerard Craughwell who meanwhile had checked with the Seanad returning officer who said she had confirmed that John McNulty was on the board of IMMA... we were confused and I asked the political correspondent for Today FM radio Gavan Reilly to check it out.

Then I got a reply from the Department of Arts, Heritage and the Gaeltacht,

Following a visit to the Irish Museum of Modern Art last month, Minister Humphreys took a decision to make two appointments to the IMMA board to include representatives from the regions.
Minister Humphreys made the two appointments to the IMMA board on Friday September 12th - John Mc Nulty, Donegal and Sheila M O’Regan, Limerick.
There is no remuneration for board members.

Further information on board appointees:
John McNulty, Kilcar, Donegal, is a self-employed businessman who brings 15 years business experience to the IMMA board. He is involved in the local Tourism and Cultural committee in Kilcar and has a track record in promoting culture, heritage, the GAA and the Irish language.
John has been actively involved in local heritage events and heritage restoration projects in South Donegal, as well as festivals such as the Fleadh Ceol.
He is also currently driving a three year Irish language development plan for the area.

Minister Humphreys meets Cultural Heads - National Cultural Policy a Priority





Sutnning! he confirmed that the qualifications that was listed on the Seanad nominations papers were 'board member of IMMA, businessman'. So a board position he had held for 6 days was listed as qualification for his nomination to the Seanad.

And IMMA didn't seem to know he was on their board.


P.S. "There is no remuneration for board members." There has been a lot of talk about people going on board for no money (or expenses), but you have to ask if they are not getting money what other benefit is it worth to them?

Previous Seanad Bye-Elections

I have been researching Seanad Bye-Elections which I've put in this google spreadsheet.

The details of the Seanad bye-elections are published at the end of the Seanad general election results reports, the Oireachtas website has them from 2002-2011 and the Oireachtas Library Service has scanned in some of the older results reports, I have listed the years I found here and in each of the Seanad term sheets.

I found most details from 1972 on, obviously government parties don't challenge each other and in a 225 electorate the government has the majority to elect who they want in agreement with any coalition partners they might have.

There's been by my count total of 39 Seanad Bye-elections in the Modern Seanad sine 1937. Held an average of 184 days after the event that caused them, mostly the death of a member or the need to replace amember who was elected to either the Dail in an bye-election or European parliament. Although there was some bye-elections, 13 I counted that were never held, for example the bye-elections to replace Pierce Doherty and Kieran Phelan were not held before the end of the last government even though they were needed a 100 days before its end, but the Taoiseach did manage to replace a 'Taoiseach nominees' later which he could do without an election. Several members of the Seanad will usually get elected to the Dail at the general election and be replaced in the Seanad general election within 90 days.



I found the average turnout for Seanad Bye-elections that involve just members of parliament voting since 1977 was 95%.



Thanks to who filled all these Wikipedia pages on Seanad Éireann, the main sourecs of which is the Oireachtas members database.

The full spreadsheets has more pages on the Seanad bye-elections during each Seanad term.