political environment
EU Ratification of UN Disability Convention – EFC Legal Study
2011-02-05: Further to my post, dated 15 January 2011 …
Many people directly or indirectly involved with Disability-Related Issues in Europe … may not yet know that, a few weeks ago, the European Union ratified the 2006 United Nations Convention on the Rights of Persons with Disabilities (UN CRPD). They may not even know that their own country, as a Member State of the European Union, had perhaps already ratified the UN Convention one or two years earlier.
At this time, the majority of Member States have proceeded, voluntarily, to ratify the Convention … with some of those, inexplicably, declining/refusing to ratify the Convention’s Optional Protocol.
Human & Social Rights can be a difficult subject area !
Ireland has not ratified the UN Convention … and, unfortunately, the attitude of many policy-makers and decision-makers within our Irish Institutions of State, large and small, is that it’s business as usual … no need to worry or fuss, or give a damn … until this country does actually sign on the Convention’s bottom line … an attitude which displays a magnificent ignorance of the changed reality, post Lisbon Treaty, which is the European Union’s Current Legal Environment !!
Please examine carefully, for yourselves, the findings of this Legal Study, recently approved for publication by the European Commission …
European Foundation Centre (EFC)
Brussels, October 2010
Click the Link Above to read and/or download PDF File (1.46 Mb)
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EU RATIFICATION OF THE UN CRPD – ASPECTS OF EU LAW
The following are selected extracts from the EFC Study … my selection (!) … to answer specific issues relating to UN CRPD Implementation within the European Union. Typographical errors in the Study have also been corrected … and, post Lisbon Treaty, references to the EU Treaties have been properly updated …
The legal basis for the conclusion of the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) signals the appropriate legal basis for its implementation within the European Union (EU). In this respect, and in line with Article 4 of the UN Convention, implementation implies that instruments may be adopted or modified by the Union in order to comply with the Convention and give effect to its provisions and principles. Although the choice of the legal basis for the decision concluding an international agreement is very important, it is not decisive for implementation. In European Court of Justice Case C-178/0345, which concerned the implementation of the Rotterdam Convention on International Trade in Hazardous Chemicals, the Court stated that ” the fact that one or more provisions of the Treaty have been chosen as legal bases for the approval of an international agreement is not sufficient to show that those same provisions must also be used as legal bases for the adoption of measures intended to implement that agreement at Community level “. The latter statement means that EU Treaty provisions other than those mentioned in EU Council Decision 2010/48/EC to conclude the UN CRPD can be used as legal bases to implement UN CRPD obligations in specific fields.
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The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) is an international human rights agreement where both the European Union (EU) and its Member States are contracting parties. The UN Convention is thus a Mixed Agreement. Mixed Agreements involve a Shared Contractual Relationship between the EU, its Member States and one or more third countries and/or international organisations. As a Mixed Agreement, the UN CRPD covers fields that fall in part within the competence of the EU, in part within that of the Member States and in part within the shared competence of the EU and its Member States. It is therefore essential for the EU and the Member States to closely co-operate, in order to implement legislation stemming from the Convention in a coherent manner and ensure unity in the international representation of the Union.
EU Member States, when participating in Mixed Agreements, do not act as entirely autonomous subjects of international law; they are subject to a Duty of Loyal Co-Operation between one another and the EU. This duty extends to each of the negotiation, conclusion and implementation phases. In this sense, there is a collective management of the obligations under international law. The duty of loyal co-operation, deriving from Article 4.3 of the Treaty on European Union (TEU), embraces two sets of obligations: first, Member States shall take appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the EC Treaty or resulting from action taken by the EU Institutions; and second: Member States shall facilitate the achievement of the Union’s tasks and shall abstain from any measure which could jeopardise the attainment of the Union’s objectives … which are set out in Article 3 of the Treaty on European Union (TEU).
Treaty on European Union (TEU) – Consolidated Version, as Amended by the Treaty of Lisbon
Article 4.3
Pursuant to the principle of sincere mutual co-operation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.
The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.
The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives.
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In relation to EU Member States‘ Compliance with a Mixed Agreement concluded by the EU … the European Court of Justice has inferred that for matters falling within EU competence … the Member States fulfil, within the EU system, an obligation in relation to the Union which has assumed responsibility for due performance of the agreement. In other words, if a Member State fails to take all appropriate measures to implement provisions of the Mixed Agreement that fall within the competence of the EU … it not only fails to fulfil its international obligation, but is also acting in breach of EU Law. The European Commission may thus bring an infringement case against a Member State that has not properly fulfilled its duty. The principle underpinning such mechanisms is the ‘duty of loyal co-operation’, which provides the foundation for managing shared competence within Mixed Agreements.
The line dividing international responsibility for implementation of the International Mixed Agreement between the EU and its Member States depends on the obligations respectively assumed. The UN CRPD contains a clause setting out ‘separate’ responsibility. According to Article 44.1, Regional Integration Organisations acceding to the Convention shall declare, in their instruments of formal confirmation or accession, the extent of their competence. This division of responsibility for implementation implies that the European Union only bears responsibility for the breach of those obligations it has assumed.
EU Council Decision 2010/48/EC on the conclusion of the UN CRPD refers to EU competence in respect of those matters governed by the UN CRPD, and lists EU Instruments which demonstrate such competence.
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STRUCTURE OF THE EFC REPORT
The main objective of the Study was to analyse the obligations set out in the UN CRPD and, in particular, to gather information about the various practices of the EU Member States and the European Union in implementing the UN CRPD.
The work was carried out by the European Foundation Centre (EFC), representing the European Consortium of Foundations on Human Rights and Disability … under Contract No. VC/2008/1214 … for the European Commission‘s Directorate-General for Employment, Social Affairs & Inclusion.
Section 1 of this Report sets the appropriate background for the analysis that will follow.
Section 2 of the Report provides an overview and general recommendations on the implementation of the social model of disability, and core obligations deriving from Article 1 and Preamble Paragraph (e) of the UN CRPD.
Section 3 of the Report provides an overview and general recommendations on the implementation of Article 3 (General Principles), Article 4 (General Obligations), Article 5 (Equality and Non-Discrimination), and Article 9 (Accessibility) of the UN CRPD. The section also reviews UN CRPD articles on Inter-Sectionality, namely Articles 6 (Women with Disabilities) and Article 7 (Children with Disabilities). It is worth noting that the articles addressed in this section are articles of general and crosscutting application, and therefore their application is relevant for the implementation of all articles of the Convention.
Section 4 of the Report provides an overview and general recommendations on the implementation of selected substantive provisions of the UN CRPD which apply existing civil, political, economic, social and cultural rights within the context of disability. Specifically, the section considers the implementation of Articles 16 (Freedom from Exploitation, Violence and Abuse) and 17 (Protecting the Integrity of the Person), which are seeking to assert protections that underscore the humanity of all persons with disabilities. The section also considers the implementation of Articles 12 (Equal Recognition before the Law) and 19 (Living Independently and Being Included in the Community), both of which aim at maintaining and safeguarding the autonomy of the person. Furthermore, articles on specific accessibility rights, namely Article 13 (Access to Justice) and Article 29 (Participation in Political and Public Life), are likewise addressed. Finally, the section considers the implementation of Articles 24 (Education) and 27 (Work and Employment).
Section 5 of the Report contains an overview and general recommendations on the implementation of articles which outline steps that are necessary to support reforms. Specifically, the section considers the implementation of Article 31 (Statistics and Data Collection), Article 32 (International Co-Operation), and Article 33 (National Implementation and Monitoring).
Section 6 of the Report suggests good practices for the EU and national policy-makers for the future and overall implementation of the Convention, and the effective achievement of its objectives.
It is worth noting that, while it is hard to be definitive, given that the UN Committee on the Rights of Persons with Disabilities is still in its infancy and has yet to pronounce on the obligations of the UN CRPD … it is nevertheless possible on the basis of the general principles of the Convention and interpretative tools, such as the Vienna Convention on the Law of Treaties, to identify illustrative challenges to the implementation of the UN CRPD. For the purposes of this Study, the review of EU and Member States policies and legal instruments is based on the analysis of the UN CRPD and checklists that were produced from this Study to measure progress.
Finally, for the purposes of the Study, a challenge is defined as a ‘difficulty’ posed by existing national or EU practice which may potentially hamper the full and effective implementation of the UN CRPD by the EU Member States and/or the European Union. In order to meet such challenges, it will be necessary, inter alia, for the EU (as appropriate) and/or its Member States to review legislation and/or policy with a view to full compliance. On the other hand, a practice is defined as good if it fulfils certain requirements of the Convention or mainstreams the general principles, consistent with Article 3 of the UN CRPD, and has an awareness-raising impact.
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Ireland’s Proposed Climate Change Legislation – Shambolic !!
2011-01-30: ANYWAY … continuing on from yesterday …
In December (2010) … Mr. John Gormley T.D., Irish Minister for the Environment, Heritage & Local Government published the 2010 Climate Change Response Bill. This proposed legislation is intended to set out a range of measures to statutorily underpin Ireland’s transition to a sustainable, climate change resilient and low carbon-based fuel consuming society … not forgetting, always (!), that there are other Greenhouse Gases (GHG’s) specified in the UNFCCC’s 1997 Kyoto Protocol besides Carbon Dioxide (CO2) … which most people do forget.
The Minister had then invited interested parties to submit their views on the Bill – available to download from the Department of the Environment, Heritage & Local Government (DEHLG) WebSite at http://www.environ.ie/ … by Friday, 28 January 2011. Three other documents which were relevant to this ‘consultation’ are: an Explanatory and Financial Memorandum on the proposed legislation, the Bill’s Regulatory Impact Assessment and the Minister’s 2011 Carbon Budget Dáil Statement.
In his 2011 Carbon Budget Speech to the Dáil (Irish Parliament), the Minister had proclaimed the following …
” In providing a legislative underpinning for proactive transition, it (the 2010 Bill) presents the Irish people as an informed and progressive society pursuing a smart economy in the truest sense of the term – an economy that is highly productive, competitive, resource-efficient and environmentally sustainable.” and
” The Bill is both innovative and inspirational, and I look forward to a frank and honest public debate when it is published.”
WOW !!! Hold De Horses !!!!
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Two important national lobby groups have recently thrown some spanners into the works … the Irish Farmers’ Association (IFA) raised some positive and interesting issues which should be brought to the attention of DG CLIMA in the European Commission … see this Page on the IFA WebSite … http://www.ifa.ie/CrossSectors/ClimateChangeandRenewables.aspx … while the Irish Business & Employers Confederation (IBEC) have been predictably negative and a right pain in the ass … see this Page on their WebSite … http://www.ibec.ie/IBEC/Press/PressPublicationsDocLib3.nsf/vPages/2BEBCAA836D7D6E08025781D00428C39?OpenDocument
The well-publicized positions adopted by these lobby groups prove the point, however, that far more than slick marketing campaigns are required to raise popular awareness about climate change … to properly mobilize society for climate change action, i.e. adaptation as well as mitigation … and reliable implementation.
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MEANWHILE …
As far as Irish Senior Civil Servants are concerned … the temporary, blow-in politicians (also referred to, by them, as ‘defecating birds of passage’) … in this particular case, Mr. John Gormley … have merely departed the scene … this time, a little earlier than expected. But, the permanent system of national dysfunctional governance, i.e. the Civil Service, continues to ride on into the golden sunset … serving their own interests, and not always the country’s !
Whatever is happening at a political level … you should still have regarded Friday, 28 January 2011 … as the latest date for receipt of written responses on Ireland’s Proposed Climate Change Response Bill. If slightly late, get those responses in anyway … as early as possible after the weekend !
The Civil Servants in the Department of the Environment, Heritage & Local Government (DEHLG) need all the help that they can get !!
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IRELAND’S NEARLY-ACTUAL CLIMATE CHANGE PERFORMANCE
On 14 December 2010, the Economic & Social Research Institute (ESRI) published a report: ‘The Energy & Environment Review 2010′ … available for download at http://www.esri.ie/ … which contained a certain Figure 6. Please bear in mind that there are large uncertainties associated with all of the data contained in the document (see more below) … a point acknowledged by the ESRI …
Colour image showing Figure 6: 'Greenhouse Gas Emissions by Gas According to the Low Growth Scenario' ... from the Economic and Social Research Institute (ESRI) Report: 'The Energy & Environment Review 2010', published in December. Click to enlarge.
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Ireland’s Climate Change Action to date, i.e. effective Climate Change Mitigation and Adaptation Implementation, has been laboriously slow and lethargic. It may best be characterized as ‘Business as Usual’, combined with some ‘Cosmetic Tinkering at the Edges’ as the need arises … the universal excuse, almost a mantra, being that “the competitiveness of the national economy must not be impaired”. National Performance has been guided by an official policy of exploiting to the maximum all of the UNFCCC Kyoto Protocol’s Flexibility Mechanisms while, at the same time, showing a stark indifference to Climate Change Adaptation … an over-reliance on Marketing Campaigns in the public media as opposed to mandatory implementation on the ground … and a preference for ‘Soft’ Performance Estimation on paper/computer monitor screen rather than the more painful ‘real’ performance calculation, which would generate reliable data and statistics to be managed by Ireland’s Central Statistics Office (CSO), in co-ordination with EuroStat in Luxembourg.
Figure 6 from the 2010 ESRI Report … indicates that Official Ireland only ever had a short-term strategy, which was to meet the Kyoto Protocol’s 2012 GHG Emission Reductions Target … on paper ! Right now, it looks like we may only just manage to meet that Target because of the current serious economic recession. This performance improvement … temporary only … masks fundamental problems within Irish Society. After 2012, all bets are off … as we won’t be in a position to meet any reasonably foreseeable EU or International GHG Emission Reduction Targets. If economic growth takes off again, in Ireland, during the second half of this decade … not a completely mad notion … we will be in real trouble !
The Department of Environment, Heritage & Local Government (DEHLG) lacks strong and competent political direction and the institutional capacity to effectively co-ordinate, oversee and implement National Climate Change Action. For this reason, closer scrutiny of the Department’s activities, from the Dáil Committee System, will be an absolute necessity.
Ireland’s proposed climate change enabling legislation … the 2010 Climate Change Response Bill … is the belated manifestation of a shambolic and pathetically inept effort on the part of Mr. John Gormley, T.D. … and the Senior Civil Servants in the Department of the Environment, Heritage & Local Government (DEHLG) !
Why, So, Because … ?
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SOME SPECIFIC COMMENTS ON THE 2010 CLIMATE CHANGE RESPONSE BILL
1. In the light of elaborate claims made about this proposed legislation and also, for example, the separate project to establish an International ‘Green IFSC’ in Dublin … the 2010 Climate Change Response Bill will be closely examined outside Ireland … particularly by the most advanced ‘developing’ economies and the ‘least developed’ economies of the world.
However, a keen awareness about the highly divisive and difficult political issues at the heart of current international climate change negotiations would have dictated that the following be discussed in a Preamble or Introductory Section to the Bill:
- An acknowledgement of Ireland’s Historical Responsibility for contributing to global climate change ;
- A national commitment to fully support the move towards an Internationally Agreed Cap of 1.5 degrees Celsius on the planetary temperature rise ;
- A national commitment that Ireland will meet its International & European Union Climate Change Obligations through the efforts of Irish Society alone. In other words, we will not seek to benefit, unfairly, from any of our Foreign Development Aid to countries in Africa and Asia … or to projects in Africa, Asia, the Western Balkans, Eastern Europe, Palestine or the Caribbean.
[All such Foreign Development Aid from Ireland should be immediately 'climate change' proofed.]
2. It is only economists who mistakenly believe that everything in society is merely an ‘input’ to economic ‘output’. Mercifully, the rest of us know otherwise. A Society is much, much more than its Economy !
It is a fundamental value and principle that All Aspects of Sustainable Human & Social Development must be taken into account at the same time and with the same weight. A blinkered approach which only considers the environmental aspects of this overarching concept is damaging, and seriously counter-productive in the longer-term.
The case study of the Proposed Shannon River – Dublin City Region Water Supply Project … discussed in a previous post … very clearly shows that there is a symbiotic Relationship between the Concept of Sustainable Human & Social Development and the Reality of Climate Change … a robust link which is critical to the development of an elusive Global Consensual Response to the threat … and essential for the effective implementation of any Climate Change Strategy in Ireland.
The Existing Lines 11-15 in the 2010 Bill are conceptually flawed … and drafted carelessly and imprecisely. Revise these lines accordingly …
TO MAKE PROVISION FOR THE SETTING, AND ACHIEVEMENT, OF NATIONAL GREENHOUSE GAS EMISSION REDUCTION TARGETS TO FURTHER TRANSITION TO A SUSTAINABLE, CLIMATE CHANGE RESILIENT AND LOW CARBON-BASED FUEL CONSUMING SOCIETY ;
For Consistency … Revise Section 5 (3) (a) – Section 5 (6) (a) – Section 6 (1) (a) – Section 9 (1) – the final portion of Section 10 (2) – and Section 11 (1) (c) of the Bill.
3. No satisfactory explanation has ever been given, in Ireland, for not choosing a Common Baseline Year of 1990 for all of the Kyoto Greenhouse Gases. Revise Section 2 (2) of the Bill as follows …
For the purposes of this Act -
(a) the baseline year applicable to a class A greenhouse gas shall be 1990; and
(b) the baseline year applicable to a class B greenhouse gas shall be 1990.
In Section 4 (1) – Section 4 (2) – and Section 4 (3) of the Bill … Revise all GHG Emission Reduction Targets and express them, clearly and simply, in terms of the single Common Baseline Year of 1990.
Thankfully … Ireland’s GHG Emission Reduction Targets will be dictated to us as a result of Agreements at International and/or European Union levels. Any aspirations with regard to Ireland taking a lead role in climate change action, at any level, are pure fantasy !
4. National GHG Emissions – Towards Reliable Data and Statistics
At present … the National ‘GHG Emission’ Database is managed by the Environmental Protection Agency (EPA). The EPA is not a statistical organization, and necessary statements of uncertainty are not presented with emissions data. The National ‘GHG Emission’ Database is unreliable.
A major part of the EPA’s National ‘GHG Emission’ Database is dependent upon National Energy Consumption and Efficiency Performance Data. The National ‘Energy’ Database is managed by Energy Ireland (SEAI). Energy Ireland is also not a statistical organization, and necessary statements of uncertainty are not presented with energy data. The National ‘Energy’ Database is unreliable.
For a number of years, however, Energy Ireland has been in possession of reliable information which shows that there is a dramatic difference between the claimed ‘theoretical’ energy conservation and efficiency performance of buildings at design stage … and the actual energy performance of ‘real’ buildings … such is the poor quality of construction on Irish Building Sites. It is therefore possible to state, with confidence, that the National ‘Energy’ Database managed by SEAI is corrupt !
[See previous posts ... Energy Ireland has consistently refused to release the full details of this information into the public domain. I know, because I am tired asking !]
To be reliable … National ‘GHG Emission’ and ‘Energy’ Databases must be managed directly by the Irish Central Statistics Office (CSO), in co-ordination with EuroStat in Luxembourg … and necessary statements of uncertainty must always be presented with data.
A revised Climate Change Response Bill must confront this serious issue now … and deal with it properly.
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Climate Change ?#$#? … 2007 SDI Letter to John Gormley !
2011-01-29: Some people say that a week is a long time in politics … but, here in Ireland, during the last two weeks … every single day feels like a year ! To the uninformed outside observer, this may have all the appearance of being an elaborate circus … but, we like our politics to be complex, interesting and very frothy.
Briefly … the Irish Green Party has recently removed itself, awkwardly, from the Ruling Coalition Government in this country … and the Green Party Agenda has gone up in smoke … definitely a Climate Changing Greenhouse Gas ! Mr. John Gormley T.D., Leader of the Green Party, has therefore resigned as Minister for the Environment, Heritage & Local Government … and his Green Party departmental colleague, Mr. Ciarán Cuffe T.D., Minister of State with special responsibility for Sustainable Transport, Horticulture, Planning and Heritage at the Departments of the Environment, Transport and Agriculture has also resigned.
With all of Ireland’s current economic woes … this decision by the Green Party has ensured that ‘Climate Change’ is fast dropping off the list of national priorities.
However, as a result of these political shenanigans … the word ‘Green’ has received a severe hammering and will induce a nasty taste in the mouths of many Irish Voters during the next few weeks which lead up to a General Election. To be honest, I heartily cheer this development … since ‘GREEN’-ness, i.e. a sole and blinkered consideration for the Environmental Aspects of Sustainability is a ‘pre-version’ (fans of the film: ‘Dr. Strangelove’ will understand what I mean) of Sustainable Human & Social Development. It is also a peculiar quirk of ‘greens’ that they love the environment … but hate people !
As a prelude to what I will say about the proposed enabling legislation for climate change action in Ireland … the 2010 Climate Change Response Bill … I thought that it would be interesting to reveal the contents of a submission I made to Mr. John Gormley back in late 2007. Concerning his reaction … I wondered how it was possible for anybody to write such a long letter in reply, and say nothing.
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Mr. John Gormley T.D., 2007-12-18.
Minister for the Environment, Heritage & Local Government,
Department of the Environment, Heritage & Local Government (DEHLG),
Custom House – Dublin 1.
Re: Your Meeting with IIEA on Friday, 7th December 2007
Dear Minister,
At the Meeting with the Institute of International & European Affairs (IIEA), in North Great George’s Street, I raised two points directly with you:
i) The Great Difference between ‘Real’ Building Energy Performance and Claimed ‘Theoretical’ Performance. In a context where the mandatory use of long wave infra-red thermal imagery will not be introduced in the Revised Technical Guidance Document L of the Building Regulations, due to be issued shortly, and there will continue to be No Effective System of Building Control anywhere in the country … no relationship exists between Claimed ‘Theoretical’ Performance and ‘Real’ Performance, such is the poor quality of construction on Irish Building Sites. The Energy Numbers which continue to be produced by Sustainable Energy Ireland are – almost – pure fantasy.
ii) Sourcing of Climate Change Research & Models for Necessary Institutional Reform Must Extend Beyond Britain. The following is taken from the Irish National Climate Change Strategy 2007-2012 (page 45) …
‘ Ireland has also engaged in an exchange of information on impacts and adaptation activities through the British-Irish Council. This initiative has focused on exchanging data on research projects which have improved the understanding of climate change impacts at a local level.’
I suggested to you that if this were, actually, to be the approach to Research in Ireland … we will be in serious trouble. Furthermore, far too many people in important organizations (including the IIEA) are only looking across the water for Models of Necessary Institutional Reform. We must also, in Ireland, look to the rest of Europe and Japan to find the Best Research and the Most Effective Institutional Models.
Please see the enclosed World Business Council for Sustainable Development (WBCSD) Summary Report: ‘Energy Efficiency in Buildings – Business Realities & Opportunities’ (October 2007), which was presented at an important Paris Conference at the beginning of November, 2007.
This Report looks at what can be achieved in Europe and many other parts of the world – today – using currently available building technologies and systems … IF ‘real’ implementation is taken seriously. Barriers to progress and costs have also been examined.
In the final analysis, however, a properly resourced Indigenous Research Capability, focused on Irish Conditions and Needs, is vitally necessary to drive ‘Real’ Performance and Innovation in this country.
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Post-Bali Leadership from Ireland (and DEHLG !)
A Kyoto II Instrument will be agreed and ratified before the end of 2012. The 1997 UNFCCC Kyoto Protocol must now be seen, therefore, as just the beginning of a long-term process which will last until the end of the century. Some Necessary Direction and a large pinch of Ethical Leadership are urgently required to properly re-position Ireland in this Process.
The following Post-Bali Target Scenario for Ireland is presented for your consideration:
- Ireland should set 1990 as the Benchmark/Base Year for All Kyoto Greenhouse Gases ;
- Statements of Measurement and Calculation Uncertainty should be fully transparent (nationally, and at EU level), and made at every stage of Ireland’s Kyoto Compliance ;
- The EU’s Objective of a 30% Reduction in Greenhouse Gases by 2020, compared to 1990, is the Relevant Short Term Target (refer to Paragraph 31 of the German Presidency Conclusions from the E.U. Council’s Brussels Summit on 8th and 9th March 2007) ;
- As our ‘Real’ Performance, under Kyoto I, continues to be so weak and disingenuous … we should not expect to receive as generous an intra-EU burden sharing arrangement as before. Instead, Ireland should adopt the 2020 National Target of a similar 30% Reduction in Greenhouse Gases, compared to 1990 ;
- Our Contingency Target for 2020 should be a 33% Reduction in Greenhouse Gases, compared to 1990. When considering ‘real’ performance in any field of human endeavour, it is usual to include a safety factor in any calculations …. in this case, 3% ;
- Ireland’s Recourse to the Use of Carbon Sinks and Kyoto Mechanisms in meeting the 2020 Contingency Target should be restricted to 1/4 of ‘Real’ Performance …
- ‘Real’ Performance (no sinks/mechanisms) – minimum 24% Reduction in Greenhouse Gases by 2020, compared to 1990 ;
- Use of Carbon Sinks and Kyoto Mechanisms – 9% Reduction in Greenhouse Gases by 2020, compared to 1990 (this figure includes the contingency 3%) ; and
- As the Construction Sector (when properly identified) should share more of the national burden than, for example, Agriculture …. its Target should be a 40% Reduction in Greenhouse Gases by 2020, compared to 1990. Remember the range of reductions which were initially proposed at Bali …. 25-40% ?
- Part 1 of SDI’s Submission for the Irish Construction Sector (IIEA Climate Change Project, Sectors Sub-Group – June 2007) stressed the great need to properly restore the Construction Sector’s Infrastructure. Otherwise, this Sector will not be able, in reality, to reach any Energy Performance Targets … low or high. Of course, what will eventually appear on paper, or as a computer print-out, is an entirely different matter !
However, having been able to access information about the recent WBCSD Research Project, and using it as a valid substantiation … it then became possible to deal with the issue of Energy Performance Targets for All Buildings (new, existing and those of historical, architectural and cultural importance) more aggressively.
Enclosed, please also find Part 2 of SDI’s Submission for the Construction Sector (IIEA Climate Change Project, Sectors Sub-Group – November 2007).
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Ireland’s Climate Change Strategy ?
1. Ireland’s Current ‘Real’ Situation with Regard to Kyoto (I) Compliance should be clearly understood by the Irish Public. Using the recently issued European Environment Agency (EEA) Report 5/2007: ‘Greenhouse Gas Emission Trends & Projections in Europe 2007 – Tracking Progress Towards Kyoto Targets’, we have extracted just a few snippets of interesting information (enclosed) …
- Instead of 1990, Ireland has chosen 1995 as the Base Year for HFC’s, PFC’s & SF6 ;
- Ireland’s Per Capita greenhouse gas emissions are nearly the worst in the EU-27 ;
- Ireland’s Per GDP greenhouse gas emissions are far too high ;
- Ireland’s ‘Real’ Distance-To-Target (no sinks/mechanisms) is very bad.
Ireland is still grimly grasping on to a ‘Business as Usual’ Approach. This is actually being reinforced by the relevant Institutions of the State, who insist on merely Playing with Numbers … and then publishing Cosmetic Public Relations Brochures for consumption in Ireland and, unfortunately, on the wider European and International Stages.
2. The following National Policy/Strategy Documents & Legislation should directly relate to one other, and their implementation should be tightly co-ordinated …
- National Sustainable Development Strategy ;
- National Climate Change Strategy ;
- National Climate Change Adaptation Strategy ;
- National Spatial Strategy ;
- National Development Plan ;
- National Public Procurement Law.
Not only have some of the above not yet even been drafted, but others are unacceptably inadequate, outdated and/or fundamentally flawed. And the synergies which would normally accrue from co-ordinated implementation are being lost.
3. The World Business Council for Sustainable Development has identified Buildings as one of the five main users of energy where ‘megatrends’ are needed to transform global energy efficiency in the immediate short term, and so meet the daunting challenge of Climate Change Adaptation. They account for 40% of primary energy (primary energy includes the energy required to generate, transmit and distribute electricity, as well as energy directly consumed on site) in most developed countries, and consumption is rising.
Nothing less than a Complete Cultural Shift will be necessary throughout this Sector, beginning with all research and design disciplines and extending right across to any person who works on a construction site or has any part to play in managing, maintaining or servicing a building.
Yet, Irish Construction is not presented as a Coherent Sector anywhere in National or European Greenhouse Gas Databases.
Separate Strategies are urgently required to greatly improve the energy performance of:
- Existing Buildings … onto which many energy efficiency measures can be successfully grafted, but they will not be cheap ;
- Buildings of Historical, Architectural or Cultural Importance … the integrity of which must be protected ; and
- New Buildings, which must therefore carry the major burden.
4. Raising the (General) Awareness of Irish Society regarding Climate Change and Mobilizing People and Organizations for (Effective) Action are two entirely different concepts. Which concept is informing Strategy Development within the DEHLG ?
A €15 m. Marketing Campaign, spread over 4-5 Years and including the ‘Change’ WebSite (!?!?), will not mobilize anyone … to do anything.
5. Your proposals concerning Necessary Building Energy Efficiency Improvements to be included in the Revised Technical Guidance Document L are inadequate. Part L should be applicable to ALL New Buildings.
It has also been insufficiently emphasized in public discussions/consultations concerning this issue that any proposed Building Energy Efficiency Improvements must take place in a context of stringent control during construction (by a sufficient number of competent Local Authority Building Controllers and/or Independent Technical Controllers) and rigorous post-construction energy performance monitoring (using long wave infra-red thermal imagery, in conjunction with building external fabric air seepage tests). Follow-up observation of post-occupation building energy performance will also be required.
This is the one – and only – means of …
- tweaking Computer Software Tools so as to produce more realistic outputs ; and
- obtaining reliable construction-related energy performance data and statistics.
Please Note Well: Without suitable references to the use of long wave infra-red thermal imagery (essential, if working at ambient temperatures – short wave, if working at high temperatures) in Section 5, the Revised TGD L will be absolutely meaningless !!
Because of wasteful patterns of building management and/or use – even in the most energy efficient building – we would also stress that far more attention should be paid to the concept of Intelligent Energy Efficiency Management.
6. We strongly urge you, in accordance with the 2007 Bali Action Plan, to rapidly advance development of the National Climate Change Adaptation Strategy, and to ensure that it is properly implemented.
7. We call for the creation of an adequately resourced Sustainable Development Commission with the necessary legal mandate, independence and technical expertise to monitor – in an integrated, continual and proactive manner – Ireland’s mitigation and adaptation performance in relation to the adverse effects of climate change. We also call for a New Social Partnership for Sustainable Development & Climate Change Adaptation. Addressing Climate Change must be considered an integral element of Sustainable Development Policies.
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At Sustainable Design International … we continue to find, in everyday practice, that the most challenging barriers to Policy Implementation are Institutional – lack of proper horizontal policy integration in Public Authorities, and antiquated approaches to management in Private Organizations. At every level, the concept of Sustainable Human & Social Development is poorly understood.
Should you have any questions or comments, please contact me at your convenience.
Yours sincerely,
C.J. Walsh, etc., etc.
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EU Accessibility & Ratification of UN Disability Rights Convention
2011-01-15: Recently, I was waiting … and waiting … for the first mention of this important news to pop up on any of the European Disability Networks … the Formal Ratification by the European Union (EU) of the 2006 United Nations Convention on the Rights of Persons with Disabilities … on 23 December 2010 last.
History in the making !!
This U.N. Convention was adopted on 13 December 2006 (2006-12-13), at the United Nations Headquarters in New York … and was opened for signature on 30 March 2007. It entered into force, i.e. became an International Legal Instrument, on 3 May 2008 (2008-05-03). A copy of the Convention can be downloaded, here, on this Site … in my post, dated 31 October 2009.
Finally, on Monday 10 January 2011 … via ICTA-Europe, EDeAN, and the EU Press Release below … it was announced …
EU Press Release IP/11/4 – Brussels, 5 January 2011
EU Ratifies UN Convention on Disability Rights
Click the Link Above to read and/or download PDF File (25kb)
So much for instant communication in our much-vaunted Information / Knowledge / Smart Society !!
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Ordinarily, this news would be nothing to get excited about.
BUT … since the Lisbon Treaty entered into force on 1 January 2009 … the European Union now has a legal personality all of its own, separate from those of the individual EU Member States. See Article 47 in Title VI – Final Provisions – of the Treaty on European Union (consolidated version).
This is the first time that the EU has become a party to an international treaty.
The 2006 United Nations Convention on the Rights of Persons with Disabilities is now part of the European Union’s Acquis Communautaire, i.e. the extensive body of EU Law.
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The consequential impacts flowing, therefore, from the EU’s Ratification of the U.N. Convention … at both European and Member State (National) levels … will be very, very interesting to observe during the immediate short term. [A note of caution ... be patient, and allow for a short period of 'bedding-in' at the start. See below.]
The European Commission, for example, must now take full account of the Convention in the drafting and implementation of any new legislation, policies and programmes … in fact, all of its activities.
The European Court of Justice must also take full account of the Convention in all of its work.
This will, inevitably, heavily influence what is … or is not … happening with regard to social and other policies at national level in the Member States. Many Member States (16) have already ratified the Convention … and more power to them ! BUT among these 16 … the Czech Republic and Denmark have not yet ratified the UN Convention’s Optional Protocol … how strange … and unacceptable !!
Some Member States … and I am thinking specifically of Ireland … will have to be dragged, screaming, to the point of ratification. And even when that position has been reached … proper implementation will always be an issue. Just consider, for a moment, Ireland’s uncaring and ham-fisted approach to implementation of the 1989 U.N. Convention on the Rights of the Child … which it did actually ratify way back on 28 September 1992 ! See my post, dated 30 November 2009.
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Accessibility of the ‘Human Environment’ – A Harmonized EU Understanding !
As far as the European Union must now be concerned … and all of the EU Member States … Preamble Paragraph (g) and Articles 9, 10 & 11 of the 2006 United Nations Convention on the Rights of Persons with Disabilities – together – form the basis of a harmonized understanding for Accessibility of the ‘Human Environment’ … which includes the Built Environment, the Social Environment, the Economic Environment, and the Virtual Environment … concepts which I have defined, here, many times before.
Preamble Paragraph (g)
Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development,
Article 9 – Accessibility
1. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:
(a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces ;
(b) Information, communications and other services, including electronic services and emergency services.
2. States Parties shall also take appropriate measures:
(a) To develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public ;
(b) To ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities ;
(c) To provide training for stakeholders on accessibility issues facing persons with disabilities ;
(d) To provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms ;
(e) To provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public ;
(f) To promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information ;
(g) To promote access for persons with disabilities to new information and communications technologies and systems, including the Internet ;
(h) To promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.
Article 10 – Right to Life
States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.
Article 11 – Situations of Risk & Humanitarian Emergencies
[My Note: An outbreak of fire in a building would be a situation of serious risk.]
States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.
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Accessibility of the ‘Human Environment’ – Competent & Effective EU Implementation !
Within the European Union as a whole, because it is a party to the Convention in its own right … and also within the individual EU Member States … Articles 31 & 33 of the 2006 United Nations Convention on the Rights of Persons with Disabilities – together – mandate that implementation is taken seriously … that it is competent and effective … and, most importantly, that independent monitoring and verification is a fundamental part of the process.
Article 31 – Statistics & Data Collection
1. States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention. The process of collecting and maintaining this information shall:
(a) Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities ;
(b) Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics.
2. The information collected in accordance with this article shall be disaggregated, as appropriate, and used to help assess the implementation of States Parties’ obligations under the present Convention and to identify and address the barriers faced by persons with disabilities in exercising their rights.
3. States Parties shall assume responsibility for the dissemination of these statistics and ensure their accessibility to persons with disabilities and others.
Article 32 – International Co-Operation
1. States Parties recognize the importance of international co-operation and its promotion, in support of national efforts for the realization of the purpose and objectives of the present Convention, and will undertake appropriate and effective measures in this regard, between and among States and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include, inter alia:
(a) Ensuring that international co-operation, including international development programmes, is inclusive of and accessible to persons with disabilities ;
(b) Facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices ;
(c) Facilitating co-operation in research and access to scientific and technical knowledge ;
(d) Providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies.
2. The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obligations under the present Convention.
Article 33 – National Implementation & Monitoring
1. States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a co-ordination mechanism within government to facilitate related action in different sectors and at different levels.
2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.
3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.
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The European Union’s Disability Strategy 2010-2020 [COM(2010) 636 final]
The general approach to, and the quality of, Accessibility Implementation in Europe … when compared, for example, with Japan … is pathetically inadequate.
It is quite amazing, therefore, that the texts which deal with Accessibility of the ‘Human Environment’ in the EU’s Disability Strategy Document 2010-2020 … are weak and far too vague … basically, meaningless claptrap drafted by desk jockeys / ‘suits who do not know’ ! We did not achieve a ‘Europe Accessible For All’ by 2010 (see below) … do you see it ?? And … at the current rate of progress, neither will we achieve a ‘Europe Accessible For All’ by 2020 !
The European Union’s Accessibility Strategy, related Policies and Programmes … and the monitoring, targeting and independent verification of Accessibility Implementation … all require a radical overhaul !
All those Officials in the European Commission who are involved, in any way, shape or form, with Accessibility of the ‘Human Environment’ would do well to RE-READ AND MEDITATE DEEPLY on the contents of the 2003 Final Report from the Group of Accessibility Experts, which was established by the European Commission itself …
EU 2003 (EYPD) Expert Group on Accessibility
October 2003
2010: A Europe Accessible For All
Click the Link Above to read and/or download PDF File (294kb)
I was a Member of that Expert Group !
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AND SOME WIDER CONCERNS …
1. The European Union HAS NOT RATIFIED the UN Disability Rights Convention’s Optional Protocol. If the Union is so Open and Transparent … and so committed to Human and Social Rights for All EU Citizens … somebody, somewhere, has to scream out loud “Why is the EU Not Ratifying this Optional Protocol ???”. And … we demand an honest answer !!!
Optional Protocol – Article 1
1. A State Party to the present Protocol (‘State Party’) recognizes the competence of the Committee on the Rights of Persons with Disabilities (‘the Committee’) to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the Convention.
2. No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.
2. The EU Code of Conduct between the Council, the Member States and the Commission setting out internal arrangements for the implementation by and representation of the European Union relating to the United Nations Convention on the Rights of Persons with Disabilities. Above, I talked about a short period of ‘bedding-in’. BUT … get your teeth into the ‘meat’ of this document … which indicates that it might be a much longer and more difficult process !?!
Official Journal of the European Union (15 December 2010) - 2010/C 340/08
EU Council – UN Disability Rights Convention – 2010 Internal Code of Conduct
Click the Link Above to read and/or download PDF File (729kb)
3. At EU Council … How Important is this Issue Considered ? In the 37 Page Report on the Justice and Home Affairs Council Meeting, which was held in Brussels from 2-3 December 2010 … the adoption of the above Internal Code of Conduct rated just a very brief mention on the last page. It was not mentioned, at all, among the Main Results of the Meeting !
4. Will Disability Networks, at both European and Member State (National) levels, have the stamina … and be sufficiently competent and focused … to rigorously monitor European Union Implementation of the UN Disability Rights Convention ?? And … will these Networks be courageous in challenging the EU Institutions … if Implementation is found to be Inadequate ??? I’m not so sure !
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European Union Economic Governance – Too Late For Dithering !
2010-12-22: November & December 2010 … when the shit really started to hit the international economic fan ! … there has been an excess of hysterical nonsense in the Irish Media concerning growing European Union (EU) Economic Governance … and a perceived erosion of Irish National Sovereignty. How sad ?!?
Note: Economic Environment … the intricate web of real and virtual human commercial activity – operating at micro and macro-economic levels – which facilitates, supports, but sometimes hampers or disrupts, human interaction in the Social Environment.
Note: Social Environment … the complex network of real and virtual human interaction – at a communal or larger group level – which operates for reasons of tradition, culture, business, pleasure, information exchange, institutional organization, legal procedure, governance, human betterment, social progress and spiritual enlightenment, etc.
However, let me sketch out an altogether different and much more positive picture !
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Thesis – My Argument
[During 2009, I first raised this issue in meetings of the IIEA (Institute of International & European Affairs) Economists' Group, in Dublin.]
Towards the end of 2010 … we can now see that Inter-Governmental Economic Governance in the European Union has failed … miserably. This has not only destabilized the EuroZone … but the entire European Union, itself, as a political entity … and will continue to do so … until Economic Governance is brought much closer to, and fully within, the Community Method … which is a lengthy and complex process.
Back in 2009, however, when the Financial Markets were not in such a mad frenzy … it would have been natural to imagine that an interim stage in this process would most probably be to adopt an Open Method of Co-Ordination. This is no longer an option … being too little, too late, to calm the Markets.
Throughout this process of reform, the European Central Bank (ECB) and the National Central Banks can, and must, retain their independence … as legally mandated in European Union Primary Legislation, i.e. the Treaties.
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Three Concerns I have had for some time …
- Economists don’t know the Community Method from the Rhythm Method, and they are ill-equipped to deal with matters of Mainstream European Union Institutional Reform ;
- The use of Economic Performance Indicators in the EU Stability & Growth Pact is simplistic and crude … and, therefore, very problematic ;
- Economic Performance Indicators must be improved … qualitatively … and be mainstreamed in considerations, and the implementation, of Sustainable Human & Social Development … as legally mandated in the EU Treaties.
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Mr. Olli Rehn, European Commissioner for Economic & Monetary Affairs recently delivered a speech at the Institute of International & European Affairs, in Dublin …
Mr. Olli Rehn, European Commissioner
9 November 2010
Reinforcing EU Economic Governance: Relevance for Ireland
Click the Link Above to read and/or download PDF File (39kb)
However … instead of trying to desperately backfill the holes and gaps in the current, failed Inter-Governmental Method of Economic Governance in the European Union … Commissioner Rehn should be clearly identifying the proper target as the Community Method of Economic Governance … and plotting an appropriate course to reach that target … as soon as practicable !
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This is a useful background document … and includes a lot of information about the EU Stability & Growth Pact …
European Commission & General Secretariat of the EU Council
June 2007
EU Economic & Monetary Union – Legal & Political Texts
Click the Link Above to read and/or download PDF File (2.66 Mb)
Since Ireland joined the European Economic Community (EEC) in 1973 … after 10 years of accession negotiations ! … an ‘informed’ view of European Integration has always been that the different Countries are pooling their national sovereignty, in an expanding range of specific areas, for the greater benefit of all their citizens. This has certainly been the experience of Ireland. And … let us also not forget that Irish Politicians and Senior Civil Servants have participated directly – at all stages – in the development of the EMU Legal & Political Texts listed. There is no such thing as a Domineering ‘Brussels’ Big Brother !
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This is the most recent update of the EuroZone’s Economic Performance Indicators …
European Commission, Directorate-General for Economic & Financial Affairs (DG ECFIN)
2 December 2010
Key Economic Indicators for the Euro Area
Click the Link Above to read and/or download PDF File (360kb)
It is now widely acknowledged that Gross Domestic Product (GDP) is neither a reliable nor an adequate indicator of Sustainable Human & Social Development. But … that is another story … for another day !
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Community & Inter-Governmental Methods of Governance
The Community Method is the expression used for the most common and effective operating and decision-making mode of institutions in the European Union. It proceeds from an integration logic, with due respect for the subsidiarity principle … and has the following salient features:
- European Commission monopoly of the Right of Initiative, with a strong monitoring role in implementation ;
- should consensus not be achieved, widespread use of Qualified Majority Voting in the Council of the European Union ;
- an active, participatory role for the European Parliament ;
- uniform interpretation of EU Law by the Court of Justice.
In contrast to the … Inter-Governmental Method … which proceeds from an inter-governmental logic of co-operation between EU Member States … to a large extent outside the institutional framework of the European Union … and has the following salient features:
- the European Commission’s Right of Initiative is shared with the Member States or confined to specific areas of activity … with little, if any, monitoring role for the Commission in implementation ;
- the Council of the European Union generally acts unanimously … and unilaterally ;
- the European Parliament has merely a consultative role ;
- the Court of Justice plays only a minor role.
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Open Method of Co-Ordination
The Open Method of Co-Ordination (OMC) developed as an instrument of the 2000 Lisbon Strategy, and provided a new framework for co-operation between the EU Member States, whose national policies could thus be directed towards certain common objectives.
Under this method of governance, the Member States are evaluated by one another (peer pressure), with the European Commission’s role being limited to ‘lite’ surveillance. The European Parliament and the Court of Justice play virtually no part in the OMC process.
The Open Method of Co-Ordination takes place in policy areas which fall within the competence of the Member States … such as employment, social protection, social inclusion, education, youth and training.
It is based principally on:
- jointly identifying and defining objectives to be achieved (adopted by the Council of the European Union) ;
- jointly established measuring instruments (statistics, indicators, guidelines) ;
- benchmarking, i.e. comparison of the Member States’ performance and exchange of best practices (oversight by the European Commission).
Depending on the areas concerned, the OMC involves so-called ‘Soft Law’ Measures which are binding on the Member States to varying degrees but which never take the form of ’Hard Law’ Directives, Regulations or Decisions. Thus, in the context of the Lisbon Strategy, the OMC required the Member States to draw up national reform plans and to submit them to the European Commission.
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Colour photograph showing the last resting place, in Arbour Hill Cemetery Dublin, for many - not all - Executed Leaders of the 1916 Revolution. The Memorial was designed by G. McNicholl. Photograph taken by CJ Walsh. 2010-10-24. Click to enlarge.
Ireland’s National Sovereignty in 2010/2011 ?
On a beautiful sunny day, this past autumn … I again visited Arbour Hill Cemetery in Dublin … the last resting place for many Executed Leaders of the 1916 Revolution … an event which finally initiated an irrevocable process of terminating a prolonged period of barbaric external imperial domination and cultural cleansing of the indigenous population …
Colour photograph showing, in the background, a latin cross and the Irish language version of the 1916 Proclamation of Independence inscribed on the stone wall, with the simple grass-covered graves of Executed Leaders in the foreground. Detail of the 1916 Revolution Memorial in Arbour Hill Cemetery, Dublin. Photograph taken by CJ Walsh. 2010-10-24. Click to enlarge.
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On the wall behind the graves … the 1916 Proclamation of Independence is inscribed in the Irish Language, and also in English …
Poblacht na hEíreann
THE PROVISIONAL GOVERNMENT OF THE IRISH REPUBLIC
TO THE PEOPLE OF IRELAND
IRISHMEN AND IRISHWOMEN: In the name of God and of the dead generations from which she receives her old tradition of nationhood, Ireland, through us, summons her children to her flag and strikes for her freedom.
Having organized and trained her manhood through her secret revolutionary organization, the Irish Republican Brotherhood, and through her open military organizations, the Irish Volunteers and the Irish Citizen Army, having patiently perfected her discipline, having resolutely waited for the right moment to reveal itself, she now seizes that moment, and, supported by her exiled children in America and by gallant allies in Europe, but relying in the first on her own strength, she strikes in full confidence of victory.
We declare the right of the people of Ireland to the ownership of Ireland, and to the unfettered control of Irish destinies, to be sovereign and indefeasible. The long usurpation of that right by a foreign people and government has not extinguished the right, nor can it ever be extinguished except by the destruction of the Irish people. In every generation the Irish people have asserted their right to national freedom and sovereignty: six times during the past three hundred years they have asserted it in arms. Standing on that fundamental right and again asserting it in arms in the face of the world, we hereby proclaim the Irish Republic as a Sovereign Independent State, and we pledge our lives and the lives of our comrades-in-arms to the cause of its freedom, of its welfare, and of its exaltation among the nations.
The Irish Republic is entitled to, and hereby claims, the allegiance of every Irishman and Irishwoman. The Republic guarantees religious and civil liberty, equal rights and equal opportunities to all its citizens, and declares its resolve to pursue the happiness and prosperity of the whole nation and of all its parts, cherishing all the children of the nation equally, and oblivious of the differences carefully fostered by an alien government, which have divided a minority from the majority in the past.
Until our arms have brought the opportune moment for the establishment of a permanent National Government, representative of the whole people of Ireland and elected by the suffrages of all her men and women, the Provisional Government, hereby constituted, will administer the civil and military affairs of the Republic in trust for the people.
We place the cause of the Irish Republic under the protection of the Most High God, Whose blessing we invoke upon our arms, and we pray that no one who serves that cause will dishonour it by cowardice, inhumanity, or rapine. In this supreme hour the Irish nation must, by its valour and discipline and by the readiness of its children to sacrifice themselves for the common good, prove itself worthy of the august destiny to which it is called.
Signed on Behalf of the Provisional Government,
THOMAS J. CLARKE,
SEAN Mac DIARMADA, THOMAS Mac DONAGH,
P. H. PEARSE, EAMONN CEANNT,
JAMES CONNOLLY, JOSEPH PLUNKETT.
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As We Approach the 100th Anniversary of the 1916 Revolution … Ireland has failed to implement and foster the social values so eloquently elaborated in the 1916 Proclamation of Independence … widespread, deeply ingrained corruption infects our economic environment … and the institutions of national governance are dysfunctional and no longer ‘fit for purpose’ … while individuals within those institutions rise in rank according to their own natural level of incompetence.
Politically … Ireland has not yet properly matured as an Independent State.
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Ireland’s Relationship with the European Union … I am more than a little curious as to why Ireland is not associated with Declaration No.52, which is annexed to the Treaty of Lisbon …
52. Declaration by the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the Italian Republic, the Republic of Cyprus, the Republic of Lithuania, the Grand-Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Republic of Austria, the Portuguese Republic, Romania, the Republic of Slovenia and the Slovak Republic on the symbols of the European Union
Belgium, Bulgaria, Germany, Greece, Spain, Italy, Cyprus, Lithuania, Luxemburg, Hungary, Malta, Austria, Portugal, Romania, Slovenia and the Slovak Republic declare that the flag with a circle of twelve golden stars on a blue background, the anthem based on the ‘Ode to Joy’ from the Ninth Symphony by Ludwig van Beethoven, the motto ‘United in diversity’, the euro as the currency of the European Union and Europe Day on 9 May will for them continue as symbols to express the sense of community of the people in the European Union and their allegiance to it.
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Yes … we have a lot to discuss before 2016 !
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2010 UNFCCC Climate Summit in Cancún – Smell The Coffee !
The hype is less this year … and I bet that not too many politicians will be appearing in front of the cameras at the end of this 2010 United Nations Framework Convention on Climate Change (UNFCCC) Summit … which is being held in Cancún, Mexico … from Monday, 29 November until Friday, 10 December 2010.
If you want to follow what’s happening closely … go to the Official UNFCCC WebSite … and check out the Daily Conference Programme, here, at this address … http://unfccc.int/conference_programme/items/5769.php
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Let us not forget that the result of last year’s debacle … the 2009 Copenhagen Accord … was an unofficial, political agreement between a small number of Heads of State, Heads of Government, Ministers, and Heads of Delegation – Brazil, South Africa, India and China (BASIC) and the USA – who attended the Copenhagen Climate Change Summit, which concluded on Saturday, 19th December 2009. Since then, many countries have made voluntary submissions, i.e. they are not legally binding, to Appendices I and II of the Copenhagen Accord.
An initial overview of the submissions made by Developed Countries, however, revealed the following about the voluntary emissions targets being undertaken …
- they are highly conditional on the performance of other countries ;
- they are disappointing, being well below what is required to cap the planetary temperature rise at 1.5 degrees Celsius ; and
- there is no consistent emission base year … varying from 1990 and 1992, up to 2000 and 2005.
This is very far from being a signal of serious intent from Developed Countries … and is not … in any way, shape or manner … an acceptance of historical responsibilities. It would be reasonable, therefore, to surmise that the process of achieving a global, legally binding, consensus agreement on greenhouse gas (GHG) emission reduction targets will be long and difficult. The Climate Change Mitigation Agenda is, to put it mildly, fraught with problems … and has an unclear future in the short term.
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HOWEVER … Back In The ‘Real’ World … GHG Emissions Continue To Rise !
On 24 November 2010 … the United Nations World Meteorological Organization (WMO) published its Greenhouse Gas Bulletin No.6: ‘The State of Greenhouse Gases in the Atmosphere Based on Global Observations through 2009′.
The WMO Global Atmosphere Watch (GAW) Programme coordinates systematic observations and analysis of atmospheric composition, including Greenhouse Gases (GHG) and other trace species. Measurement data are reported by participating countries and archived and distributed by the World Data Centre for Greenhouse Gases (WDCGG) at the Japan Meteorological Agency.
Even here … it is clearly stated that there are still uncertainties …
2009 Global Observations of Greenhouse Gases (GHG’s) in the Atmosphere
24 November 2010
UN World Meteorological Organization (WMO) Greenhouse Gas Bulletin No.6
Click the Link Above to read and/or download PDF File (3.37 Mb)
EXECUTIVE SUMMARY
The latest analysis of observations from the WMO Global Atmosphere Watch Programme shows that the globally averaged mixing ratios of Carbon Dioxide (CO2), Methane (CH4) and Nitrous Oxide (N2O) reached new highs in 2009, with CO2 at 386.8 parts per million, CH4 at 1803 ppb and N2O at 322.5 ppb. These values are greater than those in pre-industrial times (before 1750) by 38%, 158% and 19%, respectively.
Atmospheric growth rates of CO2 and N2O in 2009 are consistent with recent years, but are lower than in 2008.
After nearly a decade of no growth, Atmospheric CH4 has increased during the past three years. The reasons for renewed growth of Atmospheric Methane are not fully understood, but emissions from natural sources (from northern latitudes and the tropics) are considered potential causes.
The National Oceanic & Atmospheric Administration (NOAA) Annual Greenhouse Gas Index shows that from 1990 to 2009, radiative forcing by all long-lived greenhouse gases increased by 27.5%, with CO2 accounting for nearly 80% of this increase.
The combined radiative forcing by Halocarbons is nearly double that of N2O.
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Help with the Technical Terms of Climate Change ?
Give it a lash ! Try out the Encyclopaedia of Earth WebSite … an electronic reference about the Earth, its natural environments, and their interaction with society. The Encyclopaedia is a free, fully searchable collection of articles written by scholars, professionals, educators, and experts who collaborate and review each other’s work. The articles are written in non-technical language and are useful to students, educators, scholars, professionals, as well as to the general public.
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To Mitigate or Adapt ? – Prioritizing a Strategy for the Built Environment
We are already experiencing the adverse impacts of Climate Change ! And even if sufficient and appropriate Climate Mitigation Measures were succeeding … which they patently are not … the timelag between their implementation and any resulting beneficial environmental impacts is too great … half a century, at least … and full of uncertainty.
BUT … since the minimum period for a Sustainable Building in Use is 100 Years, and nothing less than a Recurrence Interval of 100 years should now be used in design calculations for events such as severe storms and flooding, or deluge rainfalls, etc … anyone involved in the design, construction, management or operation of the Built Environment must think ‘long-term’ … today !
In Dublin … buildings which are 250 or 350 years old still look remarkably good, and are well capable of fulfilling an important function within the social and economic environments of the city. ‘Politically’ and ‘technically’, therefore, it would be more appropriate for the Built Environment if we were concerned with the Long-Term Climate Change Adaptation Agenda … rather than a problematic, Short-Term Mitigation Agenda.
In terms of a building … is there really a clear difference between measures undertaken for the purpose of mitigation and those undertaken for adaptation ? For example, measures to incrementally improve energy efficiency and conserve energy, in accordance with short-term legally binding targets, will serve to mitigate CO2 Emissions … but the same measures will also serve to adapt the building to rapidly dwindling supplies of climate-damaging fossil fuels.
The long-term perspective exerts pressure for more radical, but necessary, actions in the short-term.
BUT … should we not already be undertaking these sorts of measures as part of the Mainstream Sustainability Agenda … in order to improve built environment resilience, prolong life cycles … and achieve social wellbeing for all ?
Generally … Climate Change Adaptation encompasses urgent and immediate short, near and long-term actions at local, national, regional and international levels to reduce the vulnerability and strengthen the resilience of the Human Environment, including ecological and social systems, institutions and economic sectors … to present and future adverse effects of climate change and the impacts of response measure implementation … in order to minimize the local threats to life, human health, livelihoods, food security, assets, amenities, ecosystems and sustainable development.
More specifically … Built Environment Climate Change Adaptation means reliably implementing policies, practices, projects and institutional reforms in the Built Environment … with the aim of reducing the adverse impacts and/or realizing the benefits directly/indirectly associated with climate change, including variability and extremes … in a manner which is compatible with Sustainable Human and Social Development.
Wake Up And Smell The Coffee … It’s Time To Get Serious !!!!
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EU Parliament’s URBAN InterGroup – SDI An Official Partner
2010-11-23: By e-mail from Brussels, dated 2010-11-04 … we have received some good news !
Sustainable Design International (SDI) has been registered … amongst a small number, relatively speaking, of diverse European Organizations having an interest in Urban Planning & Development … as an Official Partner of the European Parliament’s URBAN InterGroup ( http://urban-intergroup.eu/ ).
The URBAN InterGroup focuses on topics related to the Sustainable Development of Urban Areas … and consists of 70 Members of the European Parliament (MEP’s), representing most E.U. Member States.
Check out the InterGroup’s New Newsletter …
Issue No.1 – October 2010
EU Parliament’s URBAN InterGroup Newsletter 1
Click the Link Above to read and/or download PDF File (2.78 Mb)
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‘Antilia’, The New Mumbai High-Rise Building – What A Mother !
It is difficult for any foreign news item, no matter how important, to penetrate the current economic media haze in Ireland and Europe … but latest reports from India put the casualty list after the Five-Storey Residential Building Collapse at Lalita Park in East Dilli’s Laxmi Nagar Area … which occurred on Monday evening (local time), 15 November 2010 … at 69 people dead, 82 injured, with perhaps as many as another 20 people still missing.
The Occupants of 38 Similar Neighbouring Properties have been told to immediately vacate the buildings by Dilli’s Municipal Authority.
Colour photograph showing the scene of the Five-Storey Residential Building Collapse at Lalita Park in East Dilli's Laxmi Nagar Area, which occurred on Monday evening (local time), 15 November 2010. Click to enlarge.
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Faulty Construction appears to have been the principal cause for this serious collapse, according to media reports. It may also have been an extra storey illegally added to an original, weak building structure … and/or heavy water logging of the building’s basement from the nearby Yamuna River during recent storms.
Dilli … its local name … is a very old and large city, and is the Capital of India. New Delhi refers to the relatively more recent British Imperial Quarter … the urban plan of which and its principal buildings were designed by the British Architect, Edwin Landseer Lutyens (1869-1944).
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Within India, today, there is a strong political desire to achieve ‘Developed Country’ Status by 2020. However, in Developed Countries … Collapse Level Events (CLE’s) are completely unacceptable … witness the public reaction to the collapses on 9-11 in New York.
The 2005 National Building Code of India … a copy of which is close at hand in my Dublin Office … is not mandatory. It closely resembles the informal (i.e. not legal), but prescriptive, ‘Draft’, ‘Revised Draft’ and ‘Proposed’ Irish Building Regulations dating from the 1970′s and 1980′s … another Irish solution to an Irish problem ! The 2005 Indian Code has been drafted to deal with a large range of simple building types, their construction and related issues … certainly not any sort of Iconic, High-Rise Building of Innovative Design. Anyway, the Code is still only at the initial stages of being adopted in India’s different States. AND … there is not yet in place a National System of Local Building or Independent Technical Control … never mind an ‘Effective’ System of Control !
In a lightly regulated European legislative environment … it may come as a surprise to find out that the level of non-compliance on building sites in France, for example, has been placed as high as 68%, according to a colleague from CSTB (Centre Scientifique et Technique du Bâtiment) … the rate of non-compliance which was found by Energy Ireland (SEAI) on Irish building sites was 70%.
In India’s unregulated legislative environment … higher levels of non-compliance should be expected amongst indigenous building organizations. AND … the percentage rate of non-compliance with foreign building organizations should be assumed to at least match those European figures quoted above.
There is a further complication in India and most of the rest of the developing world, however, because U.S. building design consultants will typically use one of the United States of America’s National Model Building Codes (including the International Building Code, which is also a U.S. National Model Building Code) … in preference to local building codes … whatever the local codes do, or do not, say. We have a long experience of this approach in Ireland ! BUT … the U.S. Model Building Codes are not being adapted to suit local site conditions, building practices, safety factors, etc. It sounds messy … and it is very messy !!
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A few quick words about INDIA (Bhārata or Bharat, in Sanskrit) … a federal republic and a burgeoning country of extreme contrasts … which has a population of some 1,173,108,018 People (July 2010 estimated, U.S. CIA’s World Factbook).
Rapid economic development has driven India to prominence on the world stage … despite pressing problems such as significant overpopulation, extensive poverty and a startling degree of social inequity, environmental degradation, such as deforestation, soil erosion, overgrazing, desertification, air pollution from industrial effluents and vehicle emissions, water pollution from raw sewage and run-off of agricultural pesticides … and the widespread corruption which is a natural consequence following an extended period of harsh external imperial domination. India became an independent country in 1947.
For the last few years, I have been travelling to this beautiful, complex land … from Chennai (Madras) and Bengaluru (Bangalore) in the south … to Dilli in the north. Over 70 years before … my father, a native of Midleton in County Cork, was a teacher in Kolkata (Calcutta) and further north than Dilli. He was trapped, there, from coming home during the 2nd World War (1939-1945).
For me, it has been a warm and rewarding experience to meet the people of India.
And … I am also very grateful for the hospitality shown by FSAI (Fire & Security Association of India). Working together, we have successfully set a future direction for the FSAI’s National Fire Safety Agenda in India.
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Less recently in the news and, it seems, always for the wrong reasons … Mumbai (Bombay) … where of the approximately 14 Million (1.4 Crore, an Indian Unit of Measure) People living in this western city … capital of the State of Maharashtra, and the financial and entertainment capital of the country … an estimated 7,500,000 (75 Lakhs, an Indian Unit of Measure) People survive in its Slums.
Mumbai is also located in a Seismically Active Zone, due to the presence of 23 fault lines in the region …
Colour image showing the Seismic Zones on a Map of India. Taken from Indian Standard IS 1893 (Part 1) : 2002. Click to enlarge.
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During past years, a pattern of extraordinarily violent ‘Hive-Attacks’ have been carried out in Mumbai, with the aim of causing widespread terror amongst the general population and disrupting the city’s important Social & Economic Environments. The attacks have involved the strategic targeting of Built Environment Places of Public Resort, Iconic Buildings, High-Rise Buildings, Buildings having a Critical Function, Transport Infrastructure and Service Utilities:
- On 12 March 1993 … a series of 13 co-ordinated bombings … up until that date, the most destructive bomb explosions in Indian history … beginning at the Stock Exchange Building … resulted in 257 deaths and over 700 injuries.
- On 11 July 2006 … 209 people were killed and over 700 injured when seven bombs exploded on the city’s commuter trains.
- Commencing on 26 November 2008, and lasting for three days … a series of ten co-ordinated attacks resulted in 175 deaths, 308 injuries, and severe damage to a number of luxury hotels and historical landmarks.
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Colour photograph showing 'Antilia' - the recently occupied Private, Iconic, High-Rise Mansion of Innovative Design belonging to Shri Mukesh Ambani in Mumbai. Click to enlarge.
How strange it is, then, in this particular city … that at the end of October 2010 … after seven years of construction … an Indian businessman, Shri Mukesh Ambani, and his family … should choose to occupy their own 27 floor/173 metre tall Private Mansion … an Iconic, High-Rise Building of Innovative Design … within the near-sight of millions of slum dwellers ! The building is called ‘Antilia’ … the name of a mythical island in the Atlantic Ocean, lying to the west of Portugal ?!?
OK … Let’s Get the Easy Bits Over First …
1. Architecturally … and somebody, somewhere needs to say this … ‘Antilia’ is a mother of an ugly building. There is an old joke about a committee starting out to design a horse, and ending up with a camel. In this case, a group of people started to design an impressive building, and ended up with a spotty rhinoceros !
2. From the point of view of Sustainable Human & Social Development … consider the resources used in the design, construction and operation of this mother … an architectural phallic symbol of obscene opulence and cheap looking ’bling-bling’ … in close proximity to extensive and deep-rooted slum poverty. It may be ‘Green’(?) … BUT … this building is certainly Anti-Sustainable ! Is it any wonder that a Class Action has recently been taken against the U.S. Green Building Council and its LEED (Leadership in Energy and Environmental Design) Building Rating System in the U.S. Courts ?
The Difficult Issues …
3. Structural Resilience … I would really like to be assured, by a person competent to do so, that ‘Antilia’ has actually been designed to withstand “a magnitude-8 earthquake” (according to local media reports), i.e. no significant damage will occur to the structure or fabric of the building.
AND … that ‘Antilia’ has been designed to properly resist disproportionate damage in the event that any “military grade explosions” (according to local media reports) happen in the building, i.e. no significant damage will occur to the building’s structure.
But … why only “military grade explosions” ? If an ‘incident’ does take place in the building, it will not be the poorly equipped Indian Army who will be placing the ‘ordinary’ explosives … and the Army will not have the required expertise to place the explosives in the most vulnerable part of the structure.
Never assume that the people who plan these sorts of ‘incidents’ are anything other than highly motivated, intelligent and technically competent !
4. Fire Protection & Safety … this requires much repetition … but the 2005 National Building Code of India cannot deal adequately with this type of building … an Iconic, High-Rise Building of Innovative Design. AND, most obviously … the 2005 Indian Code does not incorporate any of the important Recommendations contained in the 2005 & 2008 NIST(USA) Reports on the 9-11 WTC Buildings 1,2 & 7 Collapses. I have suggested that this be done, with urgency, during an upcoming revision to the Code … but there is resistance !
9-11 in New York exposed a catastrophic failure … at all levels … in all of OUR common practices and procedures (architectural, engineering, first emergency response, regulatory, legislative, etc., etc) … used to design, construct and operate buildings generally !
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So … what does ‘Antilia’ … say about the Man … the Institutions of Governance and State Administration within Maharashtra … and India generally … at this time ???
Has this Man been well served by His Advisors … technical and otherwise ????
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END
New SDI Report on Climate Change Adaptation – Comments ?
This is the HomePage of my Technical Blog … but on a separate WebPage (see the toolbar above), I have been slowly building content, with links to related sources of information, on the subject of a CIB Working Commission 108 International Climate Change Project, which is about to enter its final important stage.
When published in the spring/early summer of next year … 2011 … the CIB W108 Report: ‘Sustainable Climate Change Adaptation in the Built Environment’ will comprise 2 Parts:
I - International Synthesis on Sustainable Climate Change Adaptation.
II - National Perspectives on Sustainable Climate Change Adaptation.
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Today, 18 November 2010 … I uploaded onto that separate WebPage the National Report for ‘IRELAND’, which will appear in Part II of the CIB Publication. I am the person who drafted this report … and it has not been an easy task ! You will see that much attention is paid to institutional and implementation issues.
I now invite comments on the National Report … any comments … from those with a particular interest in the subject … and from the general public.
Comments should arrive here no later than Monday, 20th December 2010 … pretty please !
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Before commenting upon the National Report, however, it would be useful if you also took a glance at the following three relevant documents …
- Ireland’s 5th National Communication (NC5) under the 1992 United Nations Framework Convention on Climate Change, dated 3 March 2010 ;
- UNFCCC In-Depth Review of Ireland’s 5th National Communication (NC5), dated 2 November 2010 ;
- EU WHITE PAPER – Adapting to Climate Change: Towards a European Framework for Action … European Commission Communication COM(2009) 147 final, dated 1 April 2009.
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2009 EU White Paper – ‘Introduction’ (Page 3, first three paragraphs)
Climate change increases land and sea temperatures and alters precipitation quantity and patterns, resulting in the increase of global average sea level, risks of coastal erosion and an expected increase in the severity of weather-related natural disasters. Changing water levels, temperatures and flow will in turn affect food supply, health, industry, and transport and ecosystem integrity. Climate change will lead to significant economic and social impacts with some regions and sectors likely to bear greater adverse affects. Certain sections of society (older people, people with activity limitations, low-income households) are also expected to suffer more.
Addressing climate change requires two types of response. Firstly, and importantly, we must reduce our greenhouse gas emissions (GHG), i.e. take mitigation action … and secondly, we must take adaptation action to deal with the unavoidable impacts. The EU’s recently agreed climate change legislation puts in place the concrete measures to reach the EU’s commitment to reduce emissions to 20% below 1990 levels by 2020 and is capable of being amended to deliver a 30% reduction if agreed as part of an international agreement in which other developed countries agree to comparable reductions and appropriate contributions by economically more advanced developing countries based on their responsibilities and capabilities. However, even if the world succeeds in limiting and then reducing GHG emissions, our planet will take time to recover from the greenhouse gases already in the atmosphere. Thus, we will be faced with the impact of climate change for at least the next 50 years. We need therefore to take measures to adapt.
Adaptation is already taking place but in a piecemeal manner. A more strategic approach is needed to ensure that timely and effective adaptation measures are taken, ensuring coherency across different sectors and levels of governance.
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2009 EU White Paper – The Proposed EU Framework: Objectives & Action (Page 7, #3)
The Objective of the EU’s Adaptation Framework is to improve the EU’s resilience to deal with the impact of climate change. The framework will respect the principle of subsidiarity and support overarching EU objectives on sustainable development.
The EU’s framework adopts a phased approach. The intention is that phase 1 (2009-2012) will lay the groundwork for preparing a comprehensive EU Adaptation Strategy to be implemented during phase 2, commencing in 2013.
Phase 1 (2009-2012) will focus on four pillars of action:
1) building a solid knowledge base on the impact and consequences of climate change for the EU ;
2) integrating adaptation into EU key policy areas ;
3) employing a combination of policy instruments (market-based instruments, guidelines, public-private partnerships) to ensure effective delivery of adaptation ; and
4) stepping up international co-operation on adaptation.
For phase 1 to be a success … the EU, national, regional and local authorities must co-operate closely.
The proposals set out in this paper cover actions to be taken in the first phase and are without prejudice to the future structure of the EU budget and to the current and future multi-annual financial framework.
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IRELAND – Part II National Report for CIB W108 Climate Change Project
In the spring of 2007, the Department of Environment, Heritage & Local Government (DEHLG) – Ireland’s statutory Authority Having Jurisdiction (AHJ) – published the ‘National Climate Change Strategy 2007-2012′. This document can be accessed and downloaded at … http://www.environ.ie/en/Environment/Atmosphere/ClimateChange/ It is of concern to note, however, that ‘Climate Change’ related content is not easy to find on this WebSite ! Comprehensive Enabling Climate Change Legislation, which this Department, and the Irish Government, initially promised for Easter 2010 … and then June 2010 … has, at the time of writing (mid-November 2010), still not made an appearance in the Dáil (Ireland’s Parliament) !
The Department of Environment, Heritage & Local Government (DEHLG) lacks strong and competent political direction and the institutional capacity to effectively co-ordinate and oversee the implementation of National Climate Action. For this reason, closer scrutiny of its activities will be required from the Dáil Committee System.
Contrary to current practice … Foreign Development Aid should not be used to obtain any sort of domestic or in-country credit for Ireland’s National Climate Change Strategy !
Specifically concerning Climate Change Adaptation … the following is stated on Page 45 of the 2007-2012 National Climate Change Strategy Document …
‘As part of a comprehensive policy position on climate change, the Government is committed to developing a national adaptation strategy over the next two years. This strategy will provide a framework for the integration of adaptation issues into decision-making at national and local level.’
The DEHLG does not, however, intend to publish a National Climate Change Adaptation Strategy until 2013 (Ireland’s NC5).
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Climate Change Action in Ireland – Summary
Ireland’s Climate Action to date, i.e. effective Climate Change Mitigation and Adaptation Implementation, has been laboriously slow and lethargic. It may best be characterized as ‘Business as Usual’, combined with some ‘Cosmetic Tinkering at the Edges’ as the need arises … the universal excuse, almost a mantra, being that “the competitiveness of the national economy must not be impaired”. National Performance has been guided by an official policy of exploiting to the maximum all of the UNFCCC Kyoto Protocol’s Flexibility Mechanisms while, at the same time, showing a stark indifference to Climate Adaptation … an over-reliance on Marketing Campaigns in the public media as opposed to mandatory implementation on the ground … and a preference for ‘Soft’ Performance Estimation on paper/computer monitor rather than the more painful ‘real’ performance calculation, which would generate reliable data and statistics to be managed by Ireland’s Central Statistics Office, in co-ordination with EuroStat in Luxembourg.
Despite the importance of the Construction Sector in Ireland and Europe … and its very large adverse impacts on regional and local climate … a significant barrier to concerted Sectoral Climate Action exists because ‘construction’ is not yet identified as a separate Sector, by either the Environmental Protection Agency (Ireland) or the European Environment Agency (Copenhagen) … in National and European Greenhouse Gas (GHG) Emission Databases. Furthermore, our systems of governance and institutional organization, at both levels, do not appear to have the capacity … either to understand or to manage an effective response to the climate challenges created by the Sector.
Climate Change Mitigation Efforts are failing in Ireland; the current economic downturn merely camouflages that unpalatable fact. Therefore, the necessary corrective actions described in this National Report fall under the heading of ‘Climate Change Adaptation’.
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END
Irish Nursing Home Care – Dysfunctional National Governance !!
On Tuesday last … 9 November 2010 … Ireland’s Office of the Ombudsman issued a Report to the Irish Oireachtas (the Dáil and Seanad) … in accordance with Section 6(7) of the 1980 Ombudsman Act … concerning an Investigation based on more than 1,000 individual complaints made, since 1985, on behalf of older people who were unable to get long-term nursing home care from their health boards … now the Health Service Executive (HSE).
Please Note Well … this Report is not just about Older People !
This document raises a number of very serious and fundamental issues concerning our current system of Dysfunctional National Governance in Ireland. Every Irish person should, therefore, expend a small bit of time and effort in making themselves familiar with these problems … especially in the run-up to any by-elections … or, perhaps, even a general election … and certainly before we enter a prolonged period of being hammered in a Draconian Series of 4 Budgets !
This Report places a major question mark over the positions of Ms. Mary Harney T.D., Minister for Health & Children (a woman of strong ‘Boston-esque’, neo-liberal and anti-social convictions) … and the Senior Civil Servants (plural !) in Her Department.
And don’t be fooled into thinking, either, that the Department of Health & Children is our only dysfunctional national ministry ! See my previous Posts.
Ms. Emily O’Reilly, Ireland’s Ombudsman, deserves our full support !
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This is the Full Ombudsman’s Report …
9 November 2010 – Office of the Ombudsman
WHO CARES ? An Investigation into the Right to Nursing Home Care in Ireland
Click the Link Above to read and/or download PDF File (621kb)
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Conclusions (Executive Summary)
The conclusions of this investigation are easily stated:
- The Health Act 1970 has required the State to provide nursing home care for those who need it.
- It is an open question as to whether that obligation continues in place, notwithstanding recent amendments to the Health Act 1970.
- The State has failed consistently to meet this obligation over four decades.
- The State has failed over that same period, and despite repeated commitments (especially since 2001), to amend the law so as to bring actual practice and legal obligations into harmony.
- Very many people over these decades have been deprived of their legal entitlement.
- Access to nursing home care over this period has been marked by confusion, uncertainty, misinformation, inconsistency and inequity.
- Very many people over this period have suffered significant adverse affect.
- This situation has been allowed to continue with the full knowledge and consent of the responsible State agencies.
- Arising from these failures, the State is now facing several hundred legal actions from, or on behalf of, people seeking compensation for the costs incurred in having to avail of private nursing home care.
- These particular failures, which have been allowed to continue for decades, point inevitably to wider failures in government.
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The conduct of the investigation and the preparation of this report for the Oireachtas have been marked by an unprecedented level of rancour and disagreement.
The Department, in particular, has laid a multiplicity of charges against the Ombudsman regarding the manner in which the investigation has been conducted. Amongst its charges are:
- that the Ombudsman exceeded her jurisdiction in undertaking this investigation ;
- that the Ombudsman failed to abide by fair procedures particularly in relation to the provision of a draft version of the investigation report ;
- that the Ombudsman displayed prejudice and objective bias in the course of the investigation ;
- that the Ombudsman displayed arrogance in purporting to interpret the law ;
- that the Ombudsman has purported to deny the State bodies concerned their right to have the litigation (detailed in this report) determined by the Courts.
The Minister, acting on behalf of the Government, has informed the Ombudsman that the Government supports the submission of her Department in which these charges are made. While the HSE, in general, has been more temperate, it has specifically charged the Ombudsman with attempting to influence the outcome of court proceedings. In effect, the Department and the HSE are saying that the Ombudsman undertook this investigation in bad faith.
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In fact, the Ombudsman’s motivation in producing this report was five-fold:
1. To highlight the very significant difficulties faced over several decades by families seeking to make arrangements for long-term nursing home care for a family member.
2. To represent, in many instances through their own words, the distress and upset (including financial) of people who complained to the Ombudsman’s Office over the years in relation to nursing home care.
3. To highlight the inadequacy and the tardiness of the State’s responses to these problems.
4. To raise the issue of whether and, if so how, people adversely affected should have some recognition of having been failed by the State.
5. To raise wider questions of governance prompted by the practices highlighted in this report.
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In the 2001 Report: ‘Nursing Home Subventions’, the then Ombudsman expressed the view that the issues of bad administration dealt with in that report reflected significant dysfunction in our system of government. That view could, with only minor contextual amendments, be reproduced in full here with the same validity as in 2001.
The then Ombudsman identified deficits in three sets of relationships which, in his view, contribute significantly to this dysfunction.
These relationships are:
The Relationship between the Oireachtas and the Executive – the Constitutional model whereby the Legislature makes the laws and the Executive implements them has become a fiction; in fact, it is the Executive (Government) ‘which decides policy; which proposes legislation and ensures its passage through the Oireachtas and, subsequently, in its executive capacity ensures that the laws are implemented’. Parliament is relatively powerless and not in a position to exercise the role (including that of calling the Executive to account) envisaged in the Constitution.
Relationships within the Executive – in the past, there was a clear division of functions as between the political (Ministerial) side and the official side. The integrity of the governmental process depended, to a large extent, on the official side being seen to be non-political; the tension inevitably generated by this division was regarded as necessary and healthy. ”Good government”, as Professor Séamus Ó Cinnéide put it, “depended on a certain distance and balance between the two sides”. This distance and balance no longer applies and, again to quote Professor Ó Cinnéide, this change is part of “an unspoken revolution in our system of governance”. Again, another key element in the overall model of government has been discarded or, at the very least, diluted considerably.
Relationship between Department and Health Boards – similar to the relationships within the Executive, the relationship between the Department and the health boards is most effective where the latter are prepared to keep a certain distance from the former and to exercise, as necessary, their status as independent, statutory bodies. But the health boards, for the greater part, failed to act independently; to ‘a large extent, health boards appear to act in relation to the Department as if they are satellites rather than independent bodies [...] The majority of the health boards were prepared to continue with a scheme, about which they increasingly had doubts, for as long as the Department told them they should.’
The present Ombudsman comments on these three areas from the perspective of today and concludes that, if anything, matters have disimproved rather than improved. In relation to the role of the Oireachtas, the Ombudsman observes that parliament has been sidelined and exercises only a limited role. Reflecting the views of many commentators, the Ombudsman observes that our governmental arrangements are undermined significantly by virtue of having an Executive which is too powerful and a Legislature which is too weak.
As regards relationships within the Executive, and taking the example of the Department of Health & Children, the Ombudsman observes that the distance between Ministers and senior civil servants – which was a necessary feature of our model of government – no longer exists. In the wider context of the health service, the Ombudsman draws attention to a continuing confusion as to the respective roles of the HSE and of the Department.
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Findings (Executive Summary)
The Ombudsman finds, in relation to the type of complaints dealt with in this investigation, that the health boards (HSE) failed to fulfil their obligations to older people under section 52 of the Health Act 1970 and that this failure came about with the full knowledge and agreement of the Department. As a result of these failures, very many older people (and their families) suffered significant adverse affect over several decades. The Ombudsman finds that these failures of the health boards (HSE) and of the Department constitute (to use the language of the Ombudsman Act) actions “based on an undesirable administrative practice” and also actions “contrary to fair or sound administration”. These findings are at a level of generality as this investigation is an ‘own initiative’ one rather than one linked to specific, named complainants.
The Ombudsman takes the view that the HSE and the Department should acknowledge formally that the State, in the case of older people needing long-term nursing home care, has not been meeting its obligations under section 52 of the Health Act 1970. This acknowledgment could be in the form of a public statement from the two bodies and could be made on a ‘without prejudice’ basis.
There is no satisfactory solution to the issue of whether there should be financial redress for those who have been adversely affected by the State’s failure to provide long-stay care. The financial consequences for the State, in meeting a recommendation to compensate all those adversely affected, would be enormous, potentially running to several billion euros. In present circumstances, it appears this is not a cost which the State can meet. Nor is it likely that the State will be in a position to meet this type of charge for many years to come. On the other hand, not to recommend financial redress, might be seen as condoning maladministration and allowing bad practice to go unchecked. It would also mean that individual people and their families are being left with nowhere to turn and with a financial burden to bear which, as the Ombudsman understands the law, should have been borne by the State.
With considerable reluctance, the Ombudsman takes the view that in present circumstances the public interest is best served in not recommending any specific redress in the sense of financial compensation for those affected adversely. The Ombudsman suggests that some thought be given within the Department to devising some limited scheme under which families which have suffered serious financial hardship might be assisted. One possibility, in this regard, is that the existing Supplementary Welfare Allowance scheme might provide the statutory mechanism for the making of one-off payments, based on exceptional need, for such people affected adversely by the State’s failure to provide nursing home care for a family member.
The Ombudsman feels it is vital that steps be taken to prevent situations, such as described in this report, coming about in the future; or, where they do come about, there should be mechanisms in place to deal with them at an early stage. The Ombudsman proposes that, in future, measures to deal with such instances should be conducted with full transparency and in the public domain. The Ombudsman proposes the creation of an independent group whose function would be to advise Government on how best to handle legal actions, or threatened legal actions, which involve numbers of people and which arise from a contended failure of a State agency to meet statutory obligations particularly in instances where those claimed to be affected belong to a vulnerable group in society. Past examples of situations where such an approach might have been helpful include:
- the army deafness claims ;
- the contaminated blood claims ;
- education rights of autistic children ;
- provision of secure care for children ; and
- the right of older people to long stay nursing home care.
This proposal is based on the premise that the State should react to such situations, not simply in legalistic terms, but in terms which have regard both to legal rights (including human rights), to the State’s finances and the overall public interest. The proposal envisages that, while ultimate legal responsibility for dealing with such claims will continue to rest with the State (and its relevant agency), the direction of the State’s response should have regard to the advice of this group. Amongst the options for this group would be that of stating a case to the High Court, perhaps at an early stage, in order to get legal clarity where that is needed. The overall thrust of this proposal is that the State’s response to situations of this kind should be speedy, be made at an early stage, and be based on considerations of fairness and the public good rather than, as tends to happen at present, being defensive, combative and legalistic.
Some thought might be given to the possibility of such a group acting as adviser to the Attorney General in fulfilling the role of guardian of the public interest or, alternatively, that this group would replace the Attorney General in fulfilling that role. In any case, there is certainly considerable scope for improving our governmental mechanisms with a view to ensuring that, where these major issues arise, they will be handled always with a view to securing the public interest.
Emily O’Reilly – Ombudsman – November 2010
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END
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- Tom Doyle's Blog :: TALK
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- WikiLeaks – A non-profit media organization dedicated to bringing important news and information to the public.
- WISE – Water Information System for Europe … a single location (portal) where geographically-mapped information on water-related issues can be found for the whole of Europe.
- XINHUA News Agency – News & Views from CHINA
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