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Friday 16 October 2015

Seanad By-Elections 2015: Nominations, Candidates and Qualifications


Candidates
There are 4 candidates, for the Seanad By-election 2015 Dr Keith Swanick for Fianna Fail, Mairia Cahill for Labour Party (with Fine gael support), Sinead Burke for Sinn Fein and Jerry Beades Independent.

Seanad By-election Order
Minister Kelly Signs Seanad Bye-Election Order Department of Environment, Local government 02/10/15

Mr. Alan Kelly, T.D., Minister for the Environment, Community and Local Government announced today (30 September, 2015) that he has made an order directing that a bye-election be held to fill the vacancy in the Seanad caused by the resignation of Senator Jimmy Harte.

Senator Harte was elected from the Oireachtas Sub-Panel of the Industrial and Commercial Panel at the Seanad General Election in April 2011.

The last day for receiving nominations at the bye-election will be 15 October, 2015 at 12 noon. The Seanad Returning Officer and High Court Judge will sit for the ruling on nominations on 23 October, 2015. Ballot papers will be issued on 30 October, 2015 and the poll will close at 11 a.m. on 13 November, 2015.

The electorate at the bye-election will be the members of Dáil Eireann and Seanad Éireann.

As published in Iris Oifiguil the state gazette.

How the Seanad is Elected - Department of Environment, Local Government


Scrutiny
The Seanad Returning Officer will sit for the ruling on nominations on 23 October, 2015 Minister Kelly Signs Seanad Bye-Election Order Department of Environment, Local government 02/10/15

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.

The Seanad Clerk and Justice, accepted week old stateboard appointment by the Minister for Arts as legitimate qualification for the 2014 Seanad Educatioanl and Cultural Panel Bye-election, the same Seanad Clerk will be reviewings 2015's candidates along with a similar qualified judge as last year, I don't trust it, do you?


Maria Cahill Labour
My first blog on the Seanad By-Election 2015 focussed on Mairia Cahill because she is the likely winner having both government party's Labour and Fine Gael's support and was only person nominated at the time I wrote it. You can read her deleted Linkedin CV there. Strangely she has rarely specifically said she works for the Probations Services Office in Northern Ireland for 8 years.

Dr Keith Swanick Fianna Fail
@DrKeithSwanick Dr Keith Swanick Linkedin CV No detail.

Fianna Fáil Selects Community GP for Seanad Bye Election 14th October 2015
Fianna Fáil has selected County Mayo GP Dr Keith Swanick as its candidate in the upcoming Seanad Bye Election prompted by the retirement of Senator Jimmy Harte.

Dr Swanick is married with one child, runs a busy GP practice in Belmullet County Mayo and is actively involved in local community development.

Taoiseach opens new Belmullet Medical Centre Mayo News Anton McNulty 20 July 2010

The frontrunner for FF Roscommon-East Galway candidacy is Dr Keith Swanick, a GP based in Mayo Irish Times Harry McGee Aug 31, 2015

Officially declared candidates for the 2015/2016 General Election Adrian Kavnagh has an archive of articles on the Roscommon East Galway contest for Fianna Fail selction. The convention date has not been set yet. 'Minister not among ten nominees' Oct 2nd 2015 Hugh O'Connell TheJournal
Community-based GP services Letter to editor of the Irish Times from Keith Swanick 2013.

Dr Keith Swanick is secretary National Association of General Practitioners

The NAGP is the union Minister for Health Leo Varadkar wouldn't talk to in regard to the governments programme for free under 6's GP care.

Doctors’ union excluded from GP contract talks 1 March 2015 by Susan Mitchell
NAGP Sunday Business Post archive behind paywall.
‘Like Stalin’ … GPs union compares Varadkar to murderous Soviet dictator TheJournal Mar 1st 2015 Daragh Brophy
Doctors union says exclusion from GP contract talks is ‘Stalinist’ Irish Times Mar 2, 2015 Aine McMahon

I asked him what Industry he is in.

Sinead Burke Sinn Fein
Sinead Burke Linkin CV. Cllr Sinead Burke Facebook
Experience
Community Development
Meath Travellers Workshops Ltd
November 2001 – Present (14 years)
Community work, working with marginalized groups, social lobbying and keeping fighting the good fight!

Sinéad Burke would be a fantastic asset to the Seanad – Ó Snodaigh Sinn Fein 15th October
Aengus Ó Snodaigh TD has commended the choice of Meath County Councillor, Sinéad Burke as Sinn Féin’s candidate for the upcoming Seanad by-election. Teachta Ó Snodaigh has praised the enterprising community development worker as an ideal candidate for the Seanad vacancy, serving on the Industrial and Commercial panel.

Tara High Kings Festival founder to contest Seanad by-election for Sinn Féin An Phoblacht
15 October 2015 John Hedges
She has been a community development worker for the past 14 years, during which time she has worked with Meath Travellers Workshops as Co-ordinator of Navan Community Development Project and as Editor of the national magazine Voice of the Traveller.

She was elected to Meath County Council in 2014, representing the Navan electoral area, having been co-opted to Navan Town Council in 2013.

She also served as Mayor of Navan in 2014/15.

Sinéad is a member of the Board of Directors of Meath Enterprise Centre.

In 2012 she founded the Tara High Kings Festival


Leaflet from Sinéad Burke -Sinn Fein -Navan -2014 Local Elections Irish Election Literature February 2, 2014
Sinead Burke co-opted to Navan Town Council 7th November, 2013 Meath Chronicle before 2014 Local elections.

Meath County Council
Meath County Council election, 2014 Navan, Was elected
Meath County Council election, 2009 Slane, Was not elected.

Not running for the general elections as far as I know

I'll have to read and write more about Sinead Burke.

Jerry Beades Independent

It had been reported on the 11th of October that Jerry Beades builder, developer and former member of the Fianna Fail National Executive was runnning for nomination and had received one committment from 1 Oireachtas member, by the 15th of October he had gotten the required 9 nominations and was provisionally accepted as a candidate.

Debt campaigner Beades goes for the Senate Maeve Sheehan Sunday Independent 11/10/2015

The businessman and anti-eviction activist Jerry Beades is challenging Labour nominee Mairia Cahill for the Senate vacancy, claiming that he is also a victim of abuse and promising to donate his salary to help those whose homes have been repossessed.

Senator David Norris 28 May 2009 Mr. Jerry Beades, who is a Fianna Fail builder and a decent man as far as I know.

Meath councillor to contest Seanad byelection for Sinn Féin Mary Minihan Irish Times Oct 15, 2015
Mr Beades said the other Oireachtas members who nominated him were David Norris, Ronan Mullen, Feargal Quinn, Seán Barrett, Fidelma Healy-Eames and Mary Ann O’Brien, along with TDs Mattie McGrath and Michael Healy-Rae.



Jerry Beades got into debt over developements as the economy crashed and now engages in delaying tactics in the courts over his and other peoples debts.

Land League
Friends of Banking Ireland | (Not Friends Of Bankers)
Chairman of Friends of Banking Ireland to appear before Oireachtas Joint Committee on Economic Regulatory Affairs Oireachtas 15 September 2009 Financial Regulation: Discussion with Friends of Banking Ireland. Joint Committee on Economic Regulatory Affairs 16 September 2009
Beades Frank Connolly Village Magazine 1 June, 2015

Jerry Beades Linkedin.
SCREED Sales and Technical Consultant
Stoneyford Concrete
January 2010 – Present (5 years 10 months)
Update November 3rd I received a copy of what Jerry Beades sent the Clerk about his qualifications.

Enclosed Statement Outlining some of my construction experience for Assessment regarding the vacancy in the Oireachtas Sub- panel of the Industrial and Commercial Panel which requires a candidate must have knowledge and practical experience of industry and commerce which includes banking ,finance,accountancy engineering and architecture.

My Qualifications are self explanatory

Gilbert Ash Construction N I LTD Newry Road,
Warrenpoint, Newry, BT34 3LD

Junior Contracts Manager 1976/1978
Senior Contracts manager 1978 /1980

Built 3 number Albert Gubay Shopping Centers Finglas and Foxfield Kilbarick and Newbridge.
Gubay concept in 1978 is remember for the "stack-'em-in-boxes and sell-'em-cheap" style of retailing Similar to the modern retailing at Aldi and Lidl

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Started own Business at 21 years of age, Year 1980

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Main Contractor For new Buildings and maintenance throughout Ireland for BP Oil LTD , later re-branded Statoil, and Eiregas Arklow Building new petrol stations and Oil Tank Depots and installing Auto Gas Retail Pumps on Forecourts

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Beaumont Hospital Dublin, 1987 /1989

Main contractor for final phase of works when new government ordered the Hospital completion to happen in a time frame of 3 Months after Hospital project had been stalled/stopped for 5 Years when then Minister for Health Barry Desmond was in dispute with Hospital Consultants
Successfully Tendered and Beat G & T Crampton who five years earlier built main hospital

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1989/1990

Aer Spares, (Aer lingus Subsidiaries) Airways Estate, Santry,
Design and Built New Headquarters
CARA COMPUTERS (Aer lingus Subsidiaries) Clonshaugh Dublin,
Design and Built New Headquarters

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1990 to Date

Pioneered the Value for money concept and value engineering of design and build Package for clients and in joint ventures with partners built factories /warehouses, Convents, Homes, Pubs, apartments, Roads

1999 Established ; Jerry Beades Concrete building up a fleet of 30 trucks,

To supply ready mix Concrete to the small contractors in the Dublin region

2000 Established ; EASY SCREED

A liquid floor screed product for self leveling Concrete floors.and for topping underfloor heating pipe system

2003/2004 Uganda East Africa Shipped and built Irish Pub in Kampla and acted as consultant on Housing project.

2010/2015 For the last number of years with the down turn in Construction in Ireland, Jerry has Worked as a Construction Consultant on modular housing abroad in far away countries Nigeria, Kurdistan region of Iraq, Doha Qatar and norther Ireland.

1994 Peace Commissioner

It is an honorary position and every single area in the country has people performing these duties.
Appointed by the Fine Gael Minister for Justice Nora Owens TD.


1980/2012 Construction industry Federation CIF

32 years member served on the Executive Master Builders & Contractors Association also served on the main CIF executive. Representing the interests of small contractors. An unpaid member of the government Established Construction and Demolition Waste Council (NCDWC); a body established to over see European Regulation of the industry.


2010/2015 The Construction Contracts Bill

The Construction Bill aims to stop abuse of subcontractors to help address the issue of non-payment to contractors and subcontractors alike.
Jerry in his role of representing the small contractors within the CIF Developed the conceptbased on similar legislation from the UK and drafted simple proposals that Sean Gallaghertook to Senator Feargal Quinn and the Draft preposal took off.
Jerry worked with Senator Feargal Quinn and the late former Finance Minister Brian Lenihan to get the proposed legislation into and through the 23rd Seanad Éireann Jerry Beades negotiated with the late former Finance Minister Brian Lenihan and got the agreement of the outhgoing Taoiseach Brian Cowen TD for the Seanad to sit for the last time on Tuesday 8th March 2011 with the Order of Business Construction Contracts Bill 2010:
SEE ;Seanad Debate. Vol. 207 No. 10, Tuesday, 8th March 2011 Senator Feargal Quinn Private members bill was now a reality the day before Enda Kenny, T.D. Became Taoiseach. That evening Tuesday, 8th March 2011 Jerry and a small group of small contractors sat in the Dail Restraint with an Taoiseach Elect Enda Kenny, T.D and he promised that within 3 months the legislation would be through the Dail as he understood the difficulties of payment delays for small contractors. Four and a half years later the The Construction Contracts Bill is still not operational.

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1997/2012 National Executive of Fianna Fáil

An Elected member for 15 Years Elected by the grass roots at the partie Ard Fheis, every 2 years Outspoken over the years on many issues.

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July 2006 FRIENDS OF BANKING IRELAND (FBI)

One of the founding members of FRIENDS OF BANKING IRELAND (FBI)a lobby group formed to expose Rouge Banks at the time in 2006 and the first to speak out about about the failure of finical regulation Before the Crash.


Tuesday, 13 May 2008 DAIL COMMITTEE ON ECONOMIC REGULATORY AFFAIRS,
Banking issues Discussion with Friends of Banking Ireland

15 September 2009
Chairman of Friends of Banking Ireland to appear before Oireachtas Joint Committee on Economic Regulatory Affairs - Media Notice
Chairman of Friends of Banking Ireland, Jerry Beades, will appear before the Oireachtas Joint Committee on Economic Regulatory Affairs tomorrow, September 16th, to discuss the practices and procedures of financial institutions operating in Ireland.

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11th day of March 2015

Statutory Declaration by Jerry Beades Statement of Facts

Statutory Declaration by Jerry Beades Statement of Facts
This Declaration of Fact has been forwarded to the Taoiseach and selected members of Dáil Éireann as well as to the Courts and the National Media (incl a variety of Social Media sites).
For further information or comment contact:
JERRY BEADES
Spokesperson | New Land League


DECLERATION OF FACT regarding the failings of High Court Judge Brian McGovern & Other Judicial Appointees

I Jerry Beades P.C. do solemnly and sincerely declare that this Statement of Fact is made from my own experiences of the Irish Court system I am also spokesperson of the new land League which has been involved in supporting families to stay in their homes and on family farms.


15 October 2015

Kilmuckridge locals reclaim ‘repossessed’ supermarket Tim O'Brien Oct 14, 2015
A subsequent protest meeting was held in Kilmuckridge on October 11th. It was attended by anti-eviction groups Right2Homes and members of the New Land League, and addressed by debt campaigner and Senate candidate Jerry Beades.
Concern as receiver moves in and locks staff out of store Gorey Guardian Fintan Lambe 10/10/2015

‘I’m blind, I need my cane' - Footage shows blind man and family evicted from home in pyjamas Independent Clare Cullen 31/08/2015
Lloyd family home update by nacainte Awaken Longford September 6, 2015
gofundme.com Lloydhome €6.570 of €68,5k Raised by 82 people in 1 month.
Evicted couple told to try to sell home to man who made offer Ray Managh Sep 1, 2015

Common Sense Prevails in the High Court Today….Lloyd Family Update Right2Homes 23rd September
A novel crowd-funding campaign has given hope to a blind man and his family who were evicted from their home last month Maeve Sheehan 27/09/2015 Sunday Independent
John Lloyd, a former civil servant, who was medically retired because of visual impairment, and his wife were unable to meet the full repayments on the €186,000 mortgage on the property that they have lived in for 14 years.



Brian Reilly Right2homes Facebook page seems to be best avenue to get information about his campaign.

The Hub - Ireland shared Brian Reilly's photo.
CONGRATULATIONS are due to our good friend Jerry Beades, pictured here in Dáil Éireann with Pearse Doherty (SF) and Austin Byrne (Right2Homes), who has just succeeded in gaining the required nominations to enable him to contest the upcoming Seanad election.

Crowd-funders set up constitutional challenge to mortgage law Tim O'Brien Aug 8, 2015
A constitutional challenge to the legal measures used by banks to ease repossession of homes is being funded by a group of individuals known as Right2Homes, using a crowd-funding initiative.

The group, co-founded by Malahide businessman Brian Reilly, was set up when it emerged more than 110,000 families were in financial distress over their mortgages, and almost 40,000 repossession applications are currently being processed by the main banks.
Right2Homes constitutional challenge to home repossessions right2homes €3,725 of €10k Raised by 59 people in 3 months

Vocational Panel
The Seanad is the Upper house of the Irish parliament, the Oireachtas. It has 60 members elected either by nominating bodies, other TDs, Senators and local councillors, or by appointment by the Taoiseach.

Those elected are nominated to 6 panels based on vocations, Administrative Panel, Agricultural Panel, Cultural and Educational Panel, Industrial and Commercial Panel, Labour Panel.

Industrial and Commercial Panel Wikipedia.

Its meant to be a house of people with knowledge and experience in various areas to review legislation and bring their expertise to the Seanad and Joint Oireachtas Committees, perhaps somebody who has been already engaging on relevant issues on a natioanl level, but it mostly used by political partys to give prominence to failed/future Dail election candidates.

Constitution of Ireland

7 1° Before each general election of the members of Seanad Éireann to be elected from panels of candidates, five panels of candidates shall be formed in the manner provided by law containing respectively the names of persons having knowledge and practical experience of the following interests and services, namely:–
iv Industry and Commerce, including banking, finance, accountancy, engineering and architecture;

Seanad Electoral (Panel Members) Act, 1947
the expression “the industrial and commercial panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, industry and commerce, including banking, finance, accountancy, engineering, and architecture;

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

The current members of the Industry and Commerce panel are Averil Power Ind (ex FF), Mary M White FF, Marc MacSharry FF, Imelda Henry FG, Paul Coghlan FG, Colm Burke FG, Kathryn Reilly SF, Catherine Noone FG. Looking at the qualification (sheet8) Oireachtas Sub-Panel members of the Industry and Commerce, although maybe looking at a low bar because all 3 were failed election candidates at the preceding general election.

Jimmy Harte UCD BA Pyschology,Insurance Broker, Councillor, son of a TD, Councillor, GE canddiate for FG,IND,LP Source
Averil Power TCD, BA Business,Dip Kings Inn,parliamentary assistant, special adviser Dept of Social/Education, GE canddiate for FF Source
Kathryn Reilly DCU BA Economics,UCD MEconSc in European Economic, parliamentary assistant, GE canddiate for SF Source

Qualifications

In the run up to the 2014 bye-election TheJournal's Hugh O'Connell was first to interview now Senator Gerard Craughwell This man wants to stop the ‘silly charade’ and run for the Seanad Aug 8th 2014. I asked him to publish his CV. He was running for the 2014 Seanad Bye election Cultural and Educational panel.


Gerard Craughwell's CV published September 18, 2014.

I searched for times when the Seanad Clerk queried qualifications for panels.
Kathy Sinott in 2002. Disability rights campaigner to run for Seanad. She as allowed run for the Labour Panel. Thomas Byrne in 2011, who wasn't allowed run for the agriculture panel so he ran for Educational and Cultural panel based on his legal qualifications.


Qualifications Criteria Reform
The Working Group on Seanad Reform suggested changes to the qualifications criteria, they don't apply now, but there are not radical and could be a guide to making a judgement about this by-election's candidates qualifications. Final Seanad Reform Report
The Working Group recommends that the level of knowledge and practical experience required by the constitution be defined in legislation.

Legal Issues Concerning Reform Of Seanad Franchise And Nominations - Michael McDowell Feb 2015.
It is constitutionally open to the Oireachtas to enact a law for the formation of panels under Article 18.7.1 fora process where, on objective criteria, the nomination of a candidate required that the candidate requiredsignificant degree of knowledge and a significant degree of practical experience of one, some or all of the“interests and services” to which the panel relates, rather than simply “some knowledge and some practicalexperience”,

It is also open to the Oireachtas by law to:
(a) establish objective minimum standards both of knowledge and of practical experience of the relevant“interests and services” to be eligible for nomination and

(b) establish a body capable of deciding whether any particular nominee satisfies such standards.


WGSR Draft Bill
11. Knowledge and practical experience.
Part IV of the Act of 1947 is amended in Chapter II by inserting the following before section 25 -

“Knowledge and practical experience.
24A.
(1) This section gives further effect to the requirement set out in Article 18.7 of the Constitution which requires a person seeking to be a candidate in a Seanad general election to have knowledge and practical experience of the interests and services pertaining to the constituency in respect of which he or she is seeking to be elected.
(2) The requirement that a person mentioned in subsection (1) have knowledge and practical experience of the interests and services pertaining to the constituency in respect of which he or she is seeking to be elected may be met by establishing to the satisfaction of a judicial referee that he or she has-
(i)
(a) attained a formal qualification, or
(b) through several years of work experience, has attained a level of knowledge which can be regarding as being equivalent to a formal qualification, in a field which is of direct relevance to the constituency in respect of which he or she is seeking to become a candidate, and
(ii) has verifiable practical experience which is of direct relevance to the constituency in respect of which he or she is seeking to become a candidate.
(3) Notwithstanding the generality of subsection (1), persons seeking nomination to the–
...
(d) industrial and commercial constituency shall, to the satisfaction of the judicial assessor, demonstrate knowledge and practical experience of the following
interests and services, namely, industry and commerce, including banking, finance, accountancy, engineering, and architecture;
...
(5) A person who has previously served as a member of the Seanad shall be deemed to meet the knowledge and practical experience requirements of Article
18.7 of the Constitution and therefore subsections (2), (3) and (4) shall not apply in respect of the nomination of such persons.
(6) The Seanad Electoral Commission, having consulted with the Minister for Justice, shall appoint a serving or former Judge of the Superior Courts to serve as a judicial assessor for the purpose of this section.
(7) In order to be eligible for inclusion in a replacement candidates list provided for under section 57, a person shall satisfy the requirements of this section


Links
Seanad bye-election 2014
Seanad Electoral (Panel Members) Act, 1947, Section 3
S.I. No. 91/1954 - Seanad Electoral (Panel Members) (Prescribed Forms) Regulations, 1954.
How the Seanad is Elected - Department of Environment, Local Government

Despite the electorate being only member of the Oireachtas there have been calls for national media debate between the four candidates. I would hope their knowlege and experience of Industry and Commerce would be the main topic of such a debate.





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