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Dangerous Brazilian Au-Pair???

Dangerous Brazilian Au-Pair???

An unbelievable story emerged on Thursday about a 24 year old Brazilian ex-Au pair that wanted to visit her former host family and instead was put into prison.

Paloma Aparezida Silva-Carvalho from Sao Paulo was in Switzerland to visit her boy friend and then had planned to come to Ireland to visit her former host family in Galway. She had worked here before as an au pair for 18 months in 2015/2016 and now intended to come back to stay with the family for 2 months. Immigration officers at Dublin airport, however, were convinced that she wanted to enter the country to work illegally and therefore arrested her and out her in prison where she was strip searched and locked in a cell overnight. :-O

The host family was contacted and confirmed that she was expected to come for holidays, but the immigration officers still decided to send her to prison and told her that she would be sent back to Switzerland the next day.

Now the information in the newspapers doesn’t seem to be fully congruent and the Independent and the Irish Times have told the the story in slightly different ways and have changed the story during the day, but here are some details that were reported:
1) Brazilian citizens do not need a visa to visit Ireland as long as they will stay less than 90 days
2) Paloma had a booked return flight and had EUR 1000 cash with her, so there was plenty of money and clear intention to leave

The EUR 1000 was not mentioned anymore in a later version of the Irish Times story. Also in an earlier version the Irish Times reported that the former Au Pair had decided to leave Ireland immediately once she got released from prison with a permission to stay for just 10 days. But a later version explained that the family actually did collect her and the 10 days reference wasn’t there anymore.

Sooo, we don’t know all the details by the looks of it and even the newspapers don’t really seem to know, but what must have happened there?

A young woman arrives from a foreign country. She worked here before and now came without a work permit. But she planned to stay for a relatively long period of time (2 months) and school holidays are also that long, so there is a possibility that she will look after the kids of the host family during that time. And there is a possibility that the host family will give her some pocket money or even pay her some proper salary. Yes, all this is possible, but it is also possible that food and bed would have been the only pay OR that she was not expected to WORK.

Let’s assume for a moment that the arrangement was that the girl will look after the kids and will get a bit of money for it. Yes, strictly speaking this is work and she needs a work visa. But come-on, are we THAT petty about it now? That girl would not have damaged the Irish economy nor would she have taken another person’s job, not would she have to pay any taxes because over the year the bit of money would have been to low to get her in the claws of the revenue commissioner. So I really think the immigration officers totally overreacted because there is the definite possibility that no employment or formal work was planned.

Sure rules are rules and an immigration officer doesn’t have the power to interpret the rules, he/she just has to apply them. But let’s be honest, they INTERPRET rules every single day and in this case they interpreted the rules unnecessarily strict.

I hope Paloma Aparezida Silva-Carvalho will have a good time in Ireland and I hope she will get a nice bit of pocket money from the family when she leaves and if she looks after the kids. But I think we should apologise to her for a totally unreasonable treatment and the responsible immigration officer should be sent on a humanity training course!

P.S: And here is another story that was reported on the SAME day: A 24 year old guy met an 18 year old Spanish girl in town. They spent some time together, but later he allegedly held her against her will and repeatedly raped her on the former Irish Glass Bottle site near Irishtown over two days. The guy is already on bail for some serious public order crime awaiting a trial, but after he was interviewed by the police, they released him with no criminal charges brought against him, but inquiries will continue.

So a totally harmless and innocent Brazilian girl who wants to visit an upstanding family will be thrown into jail because she MIGHT work here, but a guy that might have raped a girl and who is awaiting trial for a serious public order offence is free to roam the streets. WTF!?!?!?!

 

Trust issues – Is the Irish Police Force dodgy?

Trust issues – Is the Irish Police Force dodgy?

The An Garda Siochana, the Irish Police Force, is – like every other police force in the democratic world – the one and only enforcer of right and wrong in the country. They are not the judge if it is REALLY right or wrong, that’s what we have the judiciary (the courts and judges) for, but the police has to enforce the laws.

If you enforce the laws, however, you should also be obliged to stick to the laws. It increases your credibility tremendously and you set an all important example. If the rules don’t apply to the enforcer of the laws, then people behave like the children of parents that don’t stick to the rules they spout out. They become unruly and break the rules.

A small example: It is wrong for the Gardai to be allowed to use/handle mobile phones when driving, as long as all of us are not allowed to use mobile phones. And I think that EVEN if the mobile phone use is exclusively in the pursuit of their job….because we all know that it is NOT only in the pursuit of their job when they use the phone.

This is however a really small example and the Irish Gardai do it better:

1) Over the last few years they claimed that they carried out 1.9mio roadside alcohol test, but the Medical Bureau of Road Safety only knows of 1mio. How can there be a discrepancy of nearly a million? (RTE Report)

2) 14,500 people were prosecuted for road traffic offences and will have their convictions quashed because the gardai screwed up. They were brought to court without getting a fixed charge notice first. Not ok! (How come it took so long to come out?) The people that now get their money back and points removed because they drove 3km/h too fast (I got 3 points for that. Grrr!) are ok in my eyes, but what about people that committed serious traffic offences and who will also go without any penalty now? (RTE Report)

3) The Sergeant Maurice McCabe saga that is also called the Garda Whistleblower Scandal where Maurice McCabe lifted the lid on Garda corruption around the penalty point system and was threatened within the police force and a cover up was attempted is still not completely sorted. 5 years after it started!

4) This week it emerged that there are financial irregularities at the Garda College in Templemore. They had 50 (!) bank accounts for the college and used money for entertainment and presents that should not have been used for that. (RTE Report)

5) And now the Garda Commissioner Noirin O’Sullivan indicates that this might not be the only falsifications there are.

Can we really trust our Police Force? I am sure (and know) there are many Gardai that can be trusted but if there are soo many problems, there seems to be a huge systemic problem and if you need LUCK to get to deal with a “good” Gardai then that doesn’t instill confidence in the enforcer of right and wrong in our country.

Mountain Walking will NOT be banned – Important Court decision

Mountain Walking will NOT be banned – Important Court decision

The High Court made on Friday an EXTREMELY important decision for everybody who likes Hill Walking or Mountain Walking.

In August of 2013 a Teresa Wall from Swords went for a Hill Walk in the Dublin Mountains near the Sally Gap/Roundwood. In that area old railway sleepers (big wooden beams) are put together to form a boardwalk across wetland. But Teresa Wall had a mishap. She tripped accidentally and fell on her knee. This is nothing unusual and has happened to most of us at some stage in our life. You and I would probably hurt for a bit, maybe even have to go to a doctor, but we know that if we trip, then we didn’t pay enough attention and it was our own fault.

Mrs Wall was thinking differently and must have seen an opportunity to make some money. She sued the National Parks and Wildlife Service (NPWS) and the Circuit Court under Judge Jacqueline Linnane made the crazy decision that Wall deserved a payment of EUR 40,000 because allegedly the NPWS who put the boardwalk there was negligent because the wood had rotted at a place, which was a contributor to the fall.

Luckily and rightly the High Court disagreed and overturned the decision. Teresa Wall will now get nothing and importantly it was decided that SHE was negligent and not the NPWS. A great decision to stop people from trying to make money through compensations but also extremely important because if the NPWS had been given all blame, they would have to stop people from using the boardwalks as otherwise the law suits against them would never stop.

www.rte.ie/news/2017/0217/853394-teresa-wall-hillwalker-appeal/

8th Amendment – Avoidance at all cost?

8th Amendment – Avoidance at all cost?

The 8th Amendment to the Irish Constitution guarantees the equal right to life of the mother and the unborn and makes abortion illegal, but also puts doctors in a very tricky situation if they expect that they can only safe the life of one of the two in disastrous circumstances. The clause was added to the Irish constitution after a referendum in 1983 and many people think that a lot has happened in these 33 years and that the 8th amendment should be repealed (deleted from the constitution.

The supporters of the clause are not overly interested in a referendum because there is the possibility that the opponents will win the referendum. The opponents want to have a referendum as soon as possible to stop the odd situation that women need to travel to the UK to get an abortion that is illegal in Ireland.

So how could we find out what the majority of citizens in Ireland really wants? Let me think? Hmmmm?? Maybe put the head in the sand and pretend that there is no issue? – That seems to be the government’s approach once again! Enda Kenny and his gang are not the most decisive crowd at best of times.

In a true democracy, you would give the citizens a chance to voice their opinion and you would run a referendum if there is evidence that the public opinion could have changed drastically. There is no guarantee that the 8th amendment will be repealed if a referendum happens, but at least we would know then.

Last week the alliance of Anti Austerity Alliance and People Before Profit (AAA-PBP) has asked the government to run a referendum, but that was rejected and the government explains that in the usual way and I will paraphrase VERY VERY freely here:

“We will not ask for the real opinion of the people because we have put in place an artificial structure of a Citizens Assembly that will allow us to delay any decision as long as possible. We gave them loads ot time until half way through 2017 and we hope that they will take that time. Then this Citizen Assembly will come back to us with an opinion. We secretly hope that they will say that no referendum is needed, because then we can blame them. But if they tell us we should hold a referendum, then we will first need to discuss that and at some time later vote on it. Because once the Citizen Assembly comes back with an opinion we will first give that opinion to a Special Oireachtas Committee as this will give us a chance to delay the process further. That Special Oireachtas Committee will be also given six months to decide. So it will be well over a year before we even think about a referendum and we hope that the Irish citizens will have forgotten by then! If the Special Oireachtas Committee ALSO says we should have a referendum then we will CONSIDER to have one and will schedule it for as far away from today as we can. because we are extremely afraid of the outcome and hope that we have won the next election by then so that that referendum will not screw our chances. All in all, we don’t care about the opinion of the Irish Citizens anyway. We only care about our position in power and to maintain that we will do whatever possible to block and delay anything that interfere with our power in the slightest way.”

So with that in mind – and I stress that this is MY interpretation of the situation, but it is based on the government’s official statement as you can find it through this Tweet – there won’t be a referendum for the next 2.5 – 3 years AT LEAST!

In the last 33 years, the opinion in large parts of the population certainly has changed and they have a right to ask for a new vote. Keep in mind that neither side has a guarantee that they will win or lose and that’s not what this opinion here is about. Sure I have an opinion about the 8th amendment, but my opinion is so irrelevant (I am not even allowed to vote in a referendum!) that I just want to focus on the undemocratic-ness of the government’s decision.

We don’t need a Citizens Assembly or a Special Oireachtas Committee! We have clear evidence that there is a ground swell that could indicate that the opinion has changed. That should be enough to ask for the opinion again!

Apple, Ireland and the Taxes

Apple, Ireland and the Taxes

A school teacher from Mayo and his pack of friends are in trouble for the last few days. Everybody is giving them grief over something that started 10 years ago, even before they had anything to say and were only dreaming of getting the big job.

The bigger boys wrapped our school teacher over the knuckles for something that he didn’t do and maybe didn’t even understand when he found out. But since he is in the driving seat at the moment, it is only fair that he has to take responsibility. And I tell you, he and his mates did screw up! But they screwed up intentionally and would do it again in a heart beat. They took money from these big boys and these big boys are not happy about that at all.

But on the other side, the people our schoolteacher wanted to help with the money (at least that’s what he – probably genuinely thought – are also not happy. And it is not just one gang, but two gangs that are complaining. So the Mayo man gets it from all sides.

We could nearly feel sorry for him….but then he has form on screwing up, he does that regularly probably because he just doesn’t know better, he is just a school teacher, you know and hadn’t learned any better. We all wish we had someone who knew what he or she was doing, but the whole country has NOBODY that knows any better, A little bleak, I know, so we just let him meddle on. Complain regularly, but nothing will ever change.

Our school teacher in this story is, of course, Enda Kenny and the story is about what would be called tax fraud if you and I did it. He and his cabinet weren’t even close to being in government in 2003 (or 2007) when the is special arrangement started. So I have some sympathy with them. The special tax treatment was just another mess that they inherited form the previous Fianna Fail government. BUT they didn’t even try to fix it.

What was happening? Apple (and others do that too!) sold products in other EU countries, but officially all products were sold from Ireland and not from the Apple companies in these other EU countries. So all the money went back to Ireland, even if that shouldn’t have been the case. The other EU countries are (I have to say: understandably!) not happy about that because they lost taxes. But they can’t do much against it, because it is not illegal. They are already annoyed about Ireland just charging this super low 12.5% corporate tax, but that is also not illegal. So they were trying to find something that WAS illegal to shake up the whole cosy arrangement that Ireland has with some companies.

They found out that Ireland is not really charging any taxes at all from Apple because Apple cleverly transferred the income from the other countries from one company in Ireland to another and that other company had got a sweet deal from the Irish government. Still nothing illegal, but dodgy nevertheless AND many would say STUPID!

Apple has a lot of money and to let them run their business virtually tax free in Ireland doesn’t make sense. Sure there are 5000 jobs that they have created, but if they had to pay a few % of tax instead of well below 1%, the deal would still be soooo good, that these 5000 jobs wouldn’t be in big danger.

So the Irish government should certainly have charged them some taxes!

When the other countries found out that Ireland was doing dodgy stuff, they said that this is like paying Apple money for being in Ireland. It is and it isn’t. Either way it is a form of tax fraud. When the guy who imported garlic from China declared it as Apples (which have a significantly lower tax rate than garlic – for NO apparent reason!) he got a prison sentence of 6 (!!) years a few years ago. The Irish government was not doing much else: Re-labelling you could call it! But they are the government, not a garlic importer so they get away with it.

But let’s face it, a little school teacher from Mayo and his gang wouldn’t dare a super big company to pay more, right? It’s an inbuilt inferiority complex that the Irish government has (don’t get me started on offshore oil and how they just give it as a give to the oil companies).

When the EU said that Apple will have to pay EUR 13 billion plus interest, Apple was understandably not too happy about that (despite the fact that they have around $231 billion in cash), the Irish government wasn’t happy either (they don’t like being wrapped over the knuckles and there is definitely a danger that other foreign companies in Ireland also could have to pay a lot of money. I wonder how Microsoft feels about all that!

So the Irish government HAS to challenge the EU decision because of that. They also have to be seen to defend Apple to show other companies that they stand up for the companies that come to Ireland.

But then there is the other side. Because of that inferiority complex, a few years ago the Irish government screwed up when it came to the bank debt and took on responsibility for debt that they shouldn’t have. So these 13bn would help nicely getting rid of some of that debt. Which means now that a lot of people in Ireland say screw Apple, screw the EU and let’s take that money. Maybe we use some of it to pay our debt back, but, hey let’s buy something nice from our windfall. (and that is another opinion).

A right mess? Definitely!! And it looks like a lose-lose situation for everyone involved. Don’t you love politics and even more so, don’t you love our competent politicians? ;-)

 
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