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First find a woman then start your drink driving ban – Legal System in Ireland

First find a woman then start your drink driving ban – Legal System in Ireland

The legal system in Ireland, of which judges are a cornerstone, keeps puzzling me. I haven’t checked yet how judges are chosen, but whoever does the choosing must be some odd ball or alternatively these judges become odd balls themselves only AFTER they are appointed.

The Irish Times reported about the case of a bachelor farmer in County Kerry and the Irish Examiner had a slightly different interpretation of the story. The guy is called John O’Shea and he is 60 years of age. In July 2014 he went from Mastergeeha to Waterville (approx. 9km) to get food for his cows and drank too much when discussing football. On the way home, he drove into a ditch and was found to have nearly four (!!) times the legal alcohol limit in his blood (198mg). The penalty for that will be a a 3-year driving ban and luckily, the judge didn’t indicate that he plans to deviate from that.

The solicitor asked for the driving ban to be delayed until after the summer and here starts the oddness. It seems that the solicitor asked for the delay so that the farmer can look after the cows, but the judge seemed to have suggested the 60 year old never-married farmer should find a “nice woman” that will drive him around and – possibly seeing the opportunity – the solicitor quickly suggested that he could go to Lisdoonvarna to the matchmaking festival if he still had a car for the summer.

It seems that there is a lot of stupid-talk in court rooms in Ireland and it also could be that the solicitor just saw the opportunity that the judge provided and jumped on it without having planned to go for the “find a woman” reason for the delay.

But it really makes you wonder about the ability of Irish judges to do their job. This farmer had FOUR times the amount of alcohol in himself than he should have, so he didn’t just drink a little bit more than he knew he should have, but he filled himself up. Luckily nobody got hurt, but is it really the right message a judge should send??

Odd!!

Big Time Crime vs Small Time Crime: Speed Limits and Killing people!

Big Time Crime vs Small Time Crime: Speed Limits and Killing people!

I got caught breaking the law! Yes, it is hard to admit (especially for a German :-) ), but I did break the law (unintentionally) and I got caught AND paid for it. A few weeks ago, I drove home on a very quiet Sunday evening on a well built and well lit street in Dublin. Hardly any traffic, no pedestrians or cyclists and I was not distracted by mobile phone or anything else. All was well…

…until about two weeks later when a letter arrived, telling me that I was recklessly breaking the law. What a bad boy! I know! I drove 59 km/h in a 50 km/h zone. I had to pay EUR 80 and will be punished for three years due to the 3 points I also got.

Interestingly, if I had driven 120km/h in a 50km/h zone, I would have been punished in the EXACT same way. Odd!!!

Then on Tuesday, I heard about the shooting of another gang member of the two feuding Dublin criminal gangs. We might think, that it is not the worst if they terminate each other, but keep in mind that in every killing one side will win over the other and it will give that “winning” side more power, which is never a good thing when you talk about criminals. These ongoing killings are a bad bad thing on another level. As we have seen, the risk for random bystanders is significant, because these killers seem to have trouble at times knowing who they really want to get and also because they are getting more and more ruthless.

So how does my speeding tickets link to the gang war in Dublin? — It doesn’t really! I am not the type of person who complains that the police should spend their time on hunting down the big criminals and let the small criminals go. I broke the law and got punished, which is annoying but fair. But when it comes to fairness, it seems that bigger criminals get away with a lot more.

For Friday of this week a big “clampdown” on speeding has been announced. It’s easy!! Put up a few vans around the country in locations that are not really accident hotspots and then just send the tickets by post. You will get lots of money back and have a nice Press Release about the success and the catching of the criminals.

At the same time, the gangs, make millions through drugs and from their HUGE amount of properties that most likely were bought from drug money as well. Clampdown? Not much!

Is it resources? I don’t think so! It is just easier to get honest people to own up and pay up for their small crimes than to get criminals to own up to their big crimes. It not wrong to punish the small time criminals, but it is wrong to let the big time criminals get away with as much as they do.

Ireland introduces Free Legal Aid for everybody! – …as it seems

Ireland introduces Free Legal Aid for everybody! – …as it seems

Some big news: Free Health services for everyone is something the government promised for years, but it didn’t happen. Instead – in a total surprise move – free legal aid for everyone was introduced in April. …we just weren’t told about it yet!

“Free Legal aid” means that the state covers the cost for solicitor/barrister and all other legal cost and this route is available to people with limited financial means to ensure that not only wealthy people can get justice, but that also poor people can defend themselves when they are accused of something.

It is a very fair concept and I don’t think that anybody could have an issue with the concept of it.

The question about “Who can get it?”, however, can be a more controversial one, but it seems that this problem has been removed now because it emerged that a member of the Irish Parliament, who is on a salary of approximately EUR 90,000 per year PLUS significant expenses can get free legal aid and if he can get it, then the majority of people in Ireland (who earn a lot less than him) MUST also be eligible for it. Right?

Anti Austerity Alliance TD Paul Murphy is accused of falsely imprisoning Tanaiste Joan Burton during a water charges protest in November 2014 and he has applied for free legal aid on the grounds that he can’t afford the court costs. Judge Melanie Greally from the Dublin Circuit Criminal Court has decided that based on his average weekly income, he will get free legal aid! :-O

How can that be the case for someone who has a monthly salary of EUR 4000? Well, Murphy has an agreement with his party that he only gets EUR 1,800 (after tax) per month and that the party can keep the rest.

So the money that arrives in his bank account is genuinely quite low, BUT this is a voluntary arrangement that he has with his party and herein lies the problem!

Imagine if you had a voluntary arrangement with your parents or spouse or a friend to give them more than half of your monthly salary (assuming you were lucky enough to earn 4k), do you you think a judge would also have sympathy with you? I don’t think so!

And even more so in this case, it means that you and I will pay for Paul Murphy’s legal aid (because taxes will pay for it) and his party can continue pocketing his salary, so we are indirectly funding his party! Doesn’t sound right!! We are talking about approximately EUR 50,000!

The Journal.ie reported about this here: www.thejournal.ie/paul-murphy-legal-aid-2740512-Apr2016/

The case he has to defend himself in is somewhat irrelevant in this situation, but if we looked at what he is accused of then it becomes even more questionable if he should receive a cent of tax payers money and it even makes you wonder if he is fit to be a TD: Tanaiste Joan Burton came from an event in a school in Tallaght and was on her way to a church for the rest of the event, when a protest against water charges blocked her car in and “imprisoned” her in her car for about 2 hours.

Protesting is a legal right, but stopping someone’s movements against their will is not. It was a stupid and unjustified action. No serious harm was done to anyone and you could argue that bringing him to court is a bit of an overreaction, but unfortunately there are no other means to penalise someone who misbehaves.

The real bad news is that free legal aid has NOT been introduced for everyone, instead only someone who could afford to pay from his own pocket and who knowingly broke the law, will get the money paid by you and me!

Just ruin it for everybody! – Nonsensical Compensation Case

Just ruin it for everybody! – Nonsensical Compensation Case

Ireland has a serious compensation problem and NOTHING is done about it. But hopefully shocking cases like this one will EVENTUALLY get a government to fix this stupid situation. But what happened?

A 59-year old woman (Teresa Wall from Swords) went for a hill walk on the Wicklow Way in August 2013. Because she wasn’t careful enough, she tripped and fell on her knee. It seemingly was a bad fall that required a few stitches, but nothing was broken and no long-term pain or damage has been reported. Similar situations have happened MANY times before and if you go hillwalking or mountain climbing or do any other rough-ish outdoor sport/exercise, you should know that you can get injured.

The Irish Independent reported here.

In this case, the woman was walking on a “board walk” that is made up of old railway sleepers. The board walk is there to protect the flora and fauna on the mountain, but also to help walkers get over boggy/marshy/wet stretches. The railway sleepers are made of wood and they suffer from the wet and wind and were “badly rotted”. Well, what would normal people do? Be EXTRA careful in the same way as you would be extra careful on bad ground. And if they fall? They get up again and sort out the damage, but they are NOT running to the courts!

Teresa Wall wanted money! She sued the National Parks and Wildlife Service and unfortunately she wasn’t told to get lost, but instead judge Jacqueline Linnane outrageously awarded her EUR 40,000….for a few stitches on the knee! Unbelievable!

The woman claimed that she walked “all around the world” for 40 years, that she ran half-marathons on a weekly basis and that she had climbed in the Himalayas to the base camp on Mount Everest. She also claimed that the injury meant that she now could no longer hill climb or run marathons.

What do you think mountain climbers get who get injured or even killed on Mount Everest? Do they sue Nepal? Or maybe the creator of the mountain? They sure won’t! And if something bad had happened on her climb in the Himalayas she wouldn’t have received a cent.

And what is the ridiculous amount of 40k for that judge Linnane so generously gave away of not-her-own-money?

Now, accidents and compensations happen all the time, but why is this one such a significant case? See, the result of it is that anybody else who gets a little scratch on a walk in the Wicklow Mountains or any other outdoor activity area in Ireland on private or public ground will be able to sue for the most ridiculous reasons. And for that reason we will see more “DO NOT ENTER” signs and wonderful walks like the Wicklow Way might be closed for the public.

The negative follow-on effect thanks to Teresa Wall and Jacqueline Linnane’s actions is not yet comprehensible, but will most likely be HUGE!!

This has to be changed! Crazy claims like this should be thrown out of court and even where compensation is paid, it should be based on a predetermined compensation “price list” as it is done already in many other countries to take this total randomness our of judges decisions.

An example for leg-related injuries from the German claims table is here. If you translate it with Google Translate or something similar or if you are able to read German, you will be able to see that the money paid for a light injury (dog bite with car to thigh fracture) is EUR 450-5900. For a middle severity injury which results in a severe disability and reduction in earning capability of 60% (That’s quite serious!!) is up to EUR 65,000, but that is FAR FAR worse than what happened on Wicklow Way.

The end of the Au Pair in Ireland?

The end of the Au Pair in Ireland?

Over the last 10-15 years I have met and talked to Au Pairs from many countries (e.g. Germany, Spain, France, Italy, Brazil and Mexico). In all cases, they have stayed in Ireland for 1-3 years, are still in contact with their host family, did come back numerous times, brought many friends with them when they came back and would have liked to send their children in a few years time to Ireland too. They all arrived with very limited English skills and left with a good command of the language, the culture and a love for Ireland.

Their host families were fair, gave them plenty of time off, good food, proper accommodation, in some cases even holidays away and while the work was not always easy, especially if you are not trained in child minding, they all look back to their time in Ireland as deeply enriching, extremely educational and with a massive influence on their lives since they were here for all the right reasons.

The positive experience by the Au Pairs I met is, however, contrasted by some horror stories of host families from hell and it seems that there are more than we would like to think. In these bad scenarios, the Au Pair was stuck in a place far away from a language school or other au pairs, had limited opportunities or permission to leave the home during the week and was tasked with so much work or soo many young children that they despaired and in all cases left the host family to go to a new and much more considerate family.

So, yes, there are bad apples among the au pair host parents, but it seems that the vast majority does not belong in this category. And because leaving a family doesn’t seem to be the biggest problem, a solution was found in ALL cases.

During the week, a different case got a LOT of media attention.

A Spanish Au Pair was seemingly in a family that demanded more from her than typically should be expected from an Au Pair. An Au Pair is expected to work up to 35 hours per week in the family, mainly looking after the children and often some household chores are also added to it. In return they get accommodation, food and pocket money of around EUR 400 per month. This is not a huge amount and with Dublin prices won’t allow you to live in luxury, but is more than some families have left over at the end of the month in Dublin.

The Spanish Au Pair was given more work than that and less free time. She was from August 2014 until January 2015 in that host family and at times just worked 30 hours, but for a short period of time in November, she was looking after the children for up to 11 hours per day, for 6 days per week when one of the parents was away. In return she got double the pocket money (EUR 200) and if you do the calculation (she got 100 Euro more for 36 hours of work more than in other weeks), then she got the extremely low salary of EUR 2.77 per hour.

That’s not enough and there is no question that the family should have paid her more during that period. However, the Spanish Au Pair decided to go to the Workplace Relations Commission (WRC; in the past this was called the Labour Court) to complain about the slave work. She won the case, the family paid her EUR 9229 and now it looks as she single-handedly triggered the end of the Au Pairs in Ireland.

The WRC decided that she should have received at least a minimum salary, BUT also that the maximum value the accommodation and food can be given is EUR 54.13 per week. Maybe the WRC needs to check where in Dublin you can get an own room with all bills paid and food included for EUR 216.52 per month?

There are 20,000 (!!!) Au Pairs in Ireland every year and as a result of that ruling, it seems that many families have decided already to end their relationship with their Au Pair, because they fear that they will have to pay thousands in salaries. And therefore, this probably is the start of the end of Au Pairs in Ireland.

But let me be straight: The abuse of a relatively vulnerable position of an Au Pair in a family is not and should never be acceptable, so 30 hours for EUR 100 is NOT ok. However, if we assume the Au Pair works 30 hours per week, so 120 hours per month and is an untrained worker in the first year of the job (most come directly after school), then the lower minimum salary rate of EUR 7.32 applies and therefore a monthly salary of EUR 878.40 would have to be paid. Now let’s subtract the REAL value of accommodation and food of maybe EUR 400 per month and then we have EUR 478.40 left. Divide it by 4 weeks and surprisingly you arrive at EUR 120, which is not that far away from the EUR 100.

So, instead of killing the Au Pair opportunity for foreign young adults, it should be formalised (as it is the case in the UK) and clear guidelines should be providd. If it was limited to 30 hours per week of light work with a weekly pocket money of EUR 150 would that not be an acceptable compromise?

The Migrants Rights Centre Ireland (MRCI), who worked on this case on behalf of the Spanish Au Pair, and the WRC don’t seem to think so, but from my chats with Au Pairs in good families, they are NOT helping the young adults who want to experience Ireland and learn English for a few months or the (good) families who are happy to reward and respect their Au Pair in an appropriate way, but don’t want to get into becoming employers.

It feels as part from that one Spanish Au Pair, everybody involved is a loser since this case has been decided.

 
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