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Tuesday, 22 May 2012

Constitutional Referendum - slipped under the radar


Let your fingers do the talking.

How many times do you say “Google It” or just type random thoughts into the search box and be surprised at the results.

Like the fact that County Councils in Ireland have only been constitutionally correct since we voted to make them so on 11/6/1999. Before that it appears Councils were unconstitutional, well they must have been, other wise we would not have voted to insert article 28A into our constitution.

We did, did we? I don't remember ever doing that!

Well you did when you voted in the European Elections in 1999. The other yes/no was to insert into our constitution:-
  • Insertion of new Article 28A:
1. The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities.
2. There shall be such directly elected local authorities as may be determined by law and their powers and functions shall, subject to the provisions of this Constitution, be so determined and shall be exercised and performed in accordance with law.
Interesting to say the least. They, councillors, it seems work for us and are Constitutionally Bound to act on on our behalf.
So then when Communities are terrorised by Council Managers, who by the way are Public Servants appointed by the Government, when they gallop off and suggest placing a dump or sewage plant in our community, the first thing they ask us to do is engage with them in so called “Consultations” . But we should say go away and do the job the constitution says you should do that is, promoting by ... initiatives the interests of ... communities.

And when Councillors blame the County Manager for decisions we can say he/she is acting Ultra Vires and in an unconstitutional manner 'cause the powers is with you the elected representatives in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law.

But Fingal Council it seems are selling communities, heritage, archaeology, beaches, livelihoods, tourism and health for a few pieces of silver by trying to facilitate other councils by building a massive sewage plant in the area.

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