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Are Irish judges idiots??

Are Irish judges idiots??

It seems that there is no end to astonishing decisions by judges in Ireland. This could be a case where drunk driving gets a little slap on the wrist or where the theft of social welfare money will be “rewarded” with the thief getting away with no punishment at all.

Last week another amazing story made it from the courts into the newspapers. The court decision that is absolutely unbelievable is already from 2013/2016 and the reason why it is appearing now again is because thankfully the losing party has appealed the decision to the High Court and I can only hope that the 2016 decision will be overturned.

According to an article in the Irish Independent, this is what happened:

A guy entered a pub in Rathmines one evening in April 2013. He ordered a pint and put EUR 10 on the counter. The barman picks up the EUR 10 note and says that this note is fake and possibly 10 other people in the pub heard that. The customer claimed that he got the note from the post office and therefore the note was not fake. Then the customer claims that he went to the Rathmines Garda Station, the note was tested and he was told that it is perfect. He then returned to the bar and told the barman what the garda said. The next day the customer went to his solicitor and sued the pub for defamation.

Sounds like a simple story, but I am still waiting for where the customer was defamed. The Circuit Court was totally on the customer’s side and awarded EUR 5,000 to the customer.

This is a super odd case, so keep reading, it gets a lot more interesting.

But let’s look at the definition of defamation first. A defamatory statement is one which tends to injure a person’s reputation in the eyes of reasonable members of society. So if the pub had been empty, the customer would not have been awarded a cent. But because there were some people in the pub that MIGHT have heard that the barman stated that this was fake money, it could be defamation. But it is ONLY defamation if the statement “injures a person’s reputation”. With the huge amounts of fake money going around, I think a lot more people than we know have handled fake notes. And if we assume that you might get a fake note as change and because most of us do not check every note we get, I think it is not certain that a person’s reputation is automatically damaged if somebody thinks that the money you have is fake.

We can all FEEL to be defamed, but that doesn’t mean our reputation actually did suffer!

But it continues!! Oddly, it turns out, that the customer did NOT go to the Garda Station in Rathmines and NO Garda confirmed that the money was “perfect”. The two gardai on duty that night said that nobody came with a potentially fake note and that they also don’t have a machine to check money. Wow! So did the the customer tell a big fat lie?

Could that also mean that he did not get this note from the post office? Not that getting a note from a post office is a guarantee that it is not fake, but possibly the money was NOT from a source that is perceived to be reputable. Allegedly he told the barman that he got it from a “bookies or a shop” but in court the customer claimed that he said he got it from the Post Office.

Looks to me that the customer’s statements might not be the most reliable? How can the Circuit Court in a situation like force the pub to give him EUR 5,000?

Was that Circuit Court judge asleep? Odd!!

“New” Luas causing problems!

“New” Luas causing problems!

It is a good and a bad sign that the Public Transport system in Dublin is reaching max. capacity. Darts are packed, Busses are full and Luas trams need to be extended to deal with the amount of customers that want to use the systems. This is what the creators of Public Transport want. This is what they created all car traffic limitations for! But when it happens, then there is panic because nobody seems to have a “Next Step” plan in place. Dart platforms have been extended to the maximum. Busses are passing by bus stops without stopping and there is currently no plan to buy/use/deploy more busses on the busy routes and for the Luas the only way to deal with it is to extend the trams so much that now they don’t fit into our streets anymore. :-O

TheJournal.ie reports that the new 55m long Luas is too long for O’Connell Bridge and therefore blocks traffic when its back is sticking out. But the longer trams are needed to accommodate all customers.

What will we do when all three systems are overcrowded?

Are we booming or busting? – The confusion about the “current financial climate”

Are we booming or busting? – The confusion about the “current financial climate”

A friend posted a notice from a small business in Dublin on Facebook. The business (the name or sector is not relevant for this post) closed its doors on 31 January and the explanation for the closure started with “due to the current financial climate”. Interestingly, that business was in the same part of Dublin where a 3-bed apartment on Daft.ie has a rental price tag of EUR 3,800 per month and it was not a million miles away from a number of areas in Dublin, where the pubs are booming like mad.

If we talked about a place far away from our world, we would wonder what is going on, we would be puzzled!! Why are there these type of significant contradictions happening: One business closes due to “the current financial climate” and other businesses are booming and house and apartment prices are higher than they were before. But it is just around the corner from us, in the middle of our life and neighbour hood. So are we booming or busting?

The answer is most likely that we are BOTH in a boom and at the same time still in trouble. There are some companies who are (still) in trouble, some because they were not made or managed to be ever successful and others because the people running them are still in the mindset of “trouble”. But other areas are just ignoring that and it seems to work for them.

The “current financial climate” is still in the head of people while at the same time they are prepared to spend like there is no tomorrow. It also seems that we have a new split in society with one part being still – at least partially – in the bad financial climate, while the other part is riding the crest again. Nearly all formerly bankrupt or at least “NAMA-treated” developers seem to be back in buying mode! :-O

Where does that leave us? It leaves us in a weird and eerie twilight zone of a “boom-bust”, where the emotions about the economic situation might influence us more than the actual facts.

It’s a pity about that small business, because without a doubt dreams and hopes were dashed, replaced by disillusionment and despair.But I would also guess that that small business had made it through harder times a few years ago. Maybe they just reached the point were they couldn’t take it any longer?

National Broadband Plan: The wheels are falling off…and so they should!

National Broadband Plan: The wheels are falling off…and so they should!

A few years ago, the Irish Government decided that every single house in Ireland should get a minimum of 30 Mbit/s of broadband connection. It is a totally crazy idea (and I will explain why) and it didn’t go too smooth yet with delay after delay. A shortlist of companies that wanted to submit a bid to deliver that National Broadband Plan (NBP) was created already in 2016, but not too much happened. This year now the tender document was meant to be issued so that the shortlisted companies can prepare their proposals.

Two companies (Imagine and Gigabit Ethernet) didn’t make it on the shortlist and from three shortlisted companies (Eir, Enet and Siro), Siro (an ESB and Vodafone cooperation) already last year pulled out, which only left Eir and Enet on the list. This week Eir also declared that they are not interested any further and that just leaves Enet. A tender process still has to happen, but with just one bidder, it is virtually certain that Enet will win (as long as they fulfill all criteria). And it also means that Enet will be able to charge nearly whatever they want and the government will have to pay it. But that means YOU and I are paying it!

So that NBP process is already broken and can’t be fixed anymore. Abandoning the whole plan and starting from fresh should be the ONLY option!

How did it come to that mess?

It all started with the nonsensical promise of 30 Mbit/s to every house in Dublin. That is a stupid promise for soooo many reasons. Firstly, it assumes that the broadband service is NEEDED for something. Decades earlier a Universal Service Obligation (USO) forced Telecom Eireann (now Eir) to provide a landline to every house in the country no matter what the cost would be. At the time Telecom Eireann was owned by the government and a landline was seen as a requirement for people who lived in the middle of nowhere to stay in touch and to be able to notify emergency services if something happened. The price was high! Tax payers paid thousands to reach remote houses and it was never the house owner that had to pay, but he/she paid the same as someone in the City Centre where phone lines would be just a few metres away.

The successor to landline services are now broadband services and people living in the middle of nowhere therefore expect that they should now get broadband services for NO extra price. But imagine this scenario: You decide (free choice!) to live in the remotest place in Co. Kerry and you came up with the genius idea that setting up a haulage/transport company for customers on the East Coast of Ireland is the perfect business for you. The streets are not great where you live, but because you decided that trucks need to get to you FAST, you now demand from the government that they will build a motorway to your company. Imagine! Everybody would say you are crazy to expect that and that you chose the wrong place for your company. No taxpayer would agree to pay for essentially a private motor way to you.

If it is a ridiculous idea to build a HUGE road to the remotest place, why is it not a ridiculous idea to build broadband services to the remotest places? Sure if people want to pay the full price for it, they can have it. But to expect that all the other taxpayers will pay for their choice to live far away from infrastructure doesn’t seem to make sense. Right?

Now, we are not unreasonable people, so let’s give them SOME Internet connection. They should also be allowed to order their goods from Amazon of Bookdepository if they want, sending and receiving e-mails is also ok and checking the news on a website is perfectly fine too. But uploading or downloading huge files or Netflix streaming is really not a basic requirement to live!

It could be a requirement for a company, though. but that brings me back to the motorway example: If you need extraordinary infrastructure you either need to pay for it in full or need to go where the infrastructure can be provided in an economically feasible way.

Because you are MUCH nicer and more caring than I am, you probably are now wondering how many houses and businesses we are talking about. I am glad you asked! It is around 900,000 (!) connections that were originally in that National Broadband Plan. That’s a lot of subsidised connections!!

But then something important happened: When all these delays happened, the mobile phone companies, Imagine and Eir grabbed the opportunity and as fast as lightning (they are usually MUCH slower) they built infrastructure to the easy reachable customers. So now more than 300,000 easy reachable customers are already with services and with the low hanging fruit gone, the remaining 500k-600k connections are the ones that nobody really wants because you can’t build a business on that basis.

And suddenly Eir’s withdrawal from the shortlist makes sooo much sense. They don’t want the scraps, the left-overs, the bottom of the barrel. In addition Eir knows, that if Enet wins the contract, Enet will HAVE to use Eir infrastructure to reach these 500,000, so Eir wins ANYWAY. Smart, right!?

So why does the government not stop that silly National Broadband Plan? Because the 500k connections could be around 1mio voters! In addition they seem to think that Ireland depends on the small businesses in the middle of nowhere to remain competitive in the European/international market.

And what would make sense? It would be necessary to draw lines! That means that not EVERYONE will get broadband, but if you live to far away from a city or at least town, then you are on your own! Then the promised/guaranteed bandwidth should be reduced to what is needed, not what would be nice to have. (Nobody NEEDS 30 Mbit/s!) And finally, the National Broadband Plan should be re-started because one really important way to reach any remote locations is via mobile phone data services, so mobile phone service providers HAVE to get involved and the government has to entice them enough to get involved.

One more silly rule is gone: Alcohol on Good Friday

One more silly rule is gone: Alcohol on Good Friday

On Thursday the Dail approved a change to the Intoxicating Liquor Act, that will remove the ban that stopped pubs, restaurants and off licenses from selling alcohol on Good Friday. It was an outdated law from 1927, from a time when Ireland was still VERY catholic, but it is a clear example where the Catholic Church still had a bigger impact on the state than it should have. This is the one and only reason why – in my opinion – this law change is a good change.

We don’t need a nanny state that tells us what to do based on church rules! No, I am NOT suggesting that now you should have alcohol on Good Friday! You should drink or not drink based on YOUR preferences, not based on a state or church rule (but if you prefer not to drink because of a church rule that is important to you, that is also 100% fine!).

Yes, too much alcohol is consumed in the Irish society, but a ban on Good Friday will not solve that problem and picking on that one day doesn’t make sense. I am totally in favour of strategies that reduce the consummation of alcohol through education, but not through a nonsensical Good Friday ban.

There is now only one other day left when the selling of alcohol is forbidden and that is Christmas Day. Some think if the selling of alcohol was allowed on that day, then suddenly pubs and restaurants wouldn’t give their staff a day off anymore. But if that is the driver. then we should have a law that regulates if pubs, restaurants and off-licenses are allowed to open or not, not a regulation “through the backdoor” via an alcohol selling ban.

I will continue to stay away from alcohol on Good Friday (not for religious reasons, but just because I don’t drink much anyway), but I am 100% in favour of a lifting of the ban. Is it this time me who is odd!?!?! :-)

 
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