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Ming might be a hypocrite, but the spotlight focus should remain on the practice of forgiving penalty points

March 13, 2013 by namawinelake

LukeMing

The Roscommon-South Leitrim Independent TD Luke “Ming” Flanagan has done nothing illegal or unlawful in having his penalty points cancelled.

But he looks an awful hypocrite for having taken a high profile stance towards the end of 2012 on the widespread practice of Gardai cancelling penalty points racked up for motoring offences, when in 2011, he had, not one, but two sets of points cancelled himself. His explanations in the last 24 hours look contrived and false sounding.  Can he really have believed that it was solely in his gift to reveal his own penalty points concession after he, and fellow TDs threatened to publish ALL such concessions last December 2012? When Deputy Flanagan apparently told Roscommon council staff that he had been “pulled” for being on his mobile phone, and that subsequently a senior council official allegedly used their influence to cancel the points, can he really have believed that this was still a private matter between himself and the Gardai?

So, Ming might be a hypocrite and made a bit of an eejit of himself during this episode, but his story has cast further light on a practice that has been the subject of 4+ month investigation by the Garda Commissioner.

Deputy Flanagan who, on two occasions, endangered himself and other road users by using his mobile phone whilst driving, escaped scot-free.  But how many other serially-offending road users are getting off scot-free only to be eventually involved in serious accidents?

And last night, on the Vincent Browne show, the Fine Gael Cavan-Monaghan TD, Joe O’Reilly said “an experienced politician wouldn’t write a letter at the behest of a sergeant because you compromise yourself immediately [or the suggestion of the sergeant].” He later went on to say that someone who had penalty points cancelled in the manner that Deputy Flanagan had, could become a “prisoner” to their benefactors.

Apparently, at least 10 of the 216 sitting TDs and senators had points cancelled. So, does that mean we have at least 10 “prisoners” in the Oireachtas who might place the individual needs of their benefactors above their political duty? And what about the judges and others who have had points cancelled. Whose prisoners are they? How sound are court judgments where the judge is considering a case where the prosecution includes one of his own penalty points benefactors?

But we have a Register of Member Interests in the Oireachtas, so surely we can see on the Register under “gifts” the penalty points cancelled? Well, no we can’t – an enquiry from here this morning to the Standards in Public Office elicited the following response “”gift” means a gift of money or other property excluding a donation (within the meaning of the Electoral Act, 1997). The cancellation of penalty points is not a gift for the purposes of the Ethics Acts and therefore not a registrable interest”

Given that the Register also excludes details of indebtedness, you’d have to wonder if it is really fit for purpose at all.

What now for Ming? It was suggested by Deputy O’Reilly last night that “you couldn’t be a whistleblower and at the same time a participant in this thing” No matter how articulate or personally effective he is, it seems that the campaign would descend into farce if Deputy Flanagan continues in it, at least in a prominent role.

Deputy Flanagan hasn’t emerged well from the last few days revelations and events – he’ll bounce back though, he hasn’t done anything illegal, and if you accept Ming’s own explanation, it was his firm intention to put these matters in the public domain when they would have had maximum impact – but the spotlight focus should remain on the practice of forgiving penalty points. How many “prisoners” are there across Irish society beholden to a councilor or Garda? How many deaths are taking place on our roads because Gardai let serial offenders off scot-free.

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Posted in Politics | 17 Comments

17 Responses

  1. on March 13, 2013 at 12:35 pm V.H

    There is a serious missing of the issue with this and it has nothing to do with the points. The Garda are a creature of the government and have no right to hinder the progress of a TD in any way. That the system has been manipulated such we believe the garda have such a right is the very reason why they have no right to hinder. Don’t people get it that we aren’t an oligarchy much as certain people might like to think but a Parliamentary Democracy.


    • on March 13, 2013 at 12:44 pm namawinelake

      @VH

      The Constitution stops Gardai arresting a TD or senator for certain matters whilst on their way to the Oireachtas, apparently for historical reasons where the Gardai may have tried to influence an outcome in the Oireachtas. But it doesn’t stop the issuance of penalty points!

      “The members of each House of the Oireachtas shall, except in case of treason as defined in this Constitution, felony or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of, either House, and shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself.”
      http://www.taoiseach.gov.ie/attached_files/html%20files/Constitution%20of%20Ireland%20(Eng)Nov2004.htm


      • on March 13, 2013 at 2:06 pm V.H

        Exactly, they stopped him, they arrested his movement. It wasn’t one of those camera things. And when they stopped him(arrested his movement) they compounded the Offence when they delivered onto him a fixed penalty. They recorded their infringement of the Constitution. Again it isn’t the points, it is that they assumed they had Rights conferred by government to stop him. And the Constitution actively Prevents any hindrance of passage.
        The only thing delivered to Luke Flanagan TD once the garda realised what they had arrested was an apology. That we have a situation where the media and the TD are too stupid to read the Constitution doesn’t excuse the Garda or the Citizen from doing so. We need to protect the Dail from hindrance by the administration by being aware when that hindrance is being deployed.


      • on March 13, 2013 at 3:16 pm John Foody

        Does that mean that a TD, locked, after say, 10 pints, can hop in a car/helicopter/bulldozer and head for the Dail unopposed by Gardai?


    • on March 13, 2013 at 3:26 pm OMF

      The Gardai are creatures of a culture we have all created. The rot runs very, very deep in Ireland and it will take an almighty purging to dislodge it. A fiscal implosion might serve as well as anything.


  2. on March 13, 2013 at 6:16 pm John Moriarty

    More a bit of an eejit than a hypocrite I would have thought. Still and all a lovable rogue, one of our own, and one we elect and deserve!
    @Ming do yourself a favour and sort this out real good.


  3. on March 13, 2013 at 9:07 pm Bunbury

    I can’t believe the extent to which the Independent and Times have waded in to flagellate Ming but all the while ignoring the real scandal which is, if you know the right people, you can get penalty points removed from your licence. Where are the crusading journalists following up this story?

    I watched every second of VB last night and I believe Ming and his convoluted story. Sure, you can call him an idiot, a hypocrite, and probably a hundred other pejorative adjectives but a true liar would have been far more ‘polished’ and controlled. He never wavered from the basic facts that both a Garda and a Council official approached him and, in one case, gave him advice on how to avoid penalty points and, in the other, told him he would have the points cancelled. That is the essential scandal. All else is just vitriol directed at the messenger (Ming).


    • on March 14, 2013 at 12:44 am John Foody

      +1. The whole country is aware that if you know the right Garda, you get the points removed. It seems like the media are afraid to start pulling the thread.


    • on March 15, 2013 at 9:00 am Joseph Ryan

      @Bunbury

      Spot on. Its a pity that some sensible people in the PS with similar common sense views were not in the DOF pre crisis. Things might be so different now.

      Would it not be possible to take the full list of cancelled fines, if still available, and simply issue the fines, even at this late stage.
      Most of the ‘offenders’ would be loathe to refuse payment.


  4. on March 13, 2013 at 11:14 pm What Goes Up...

    Poor Ming.

    Politics 101:
    If you’re explaining, you’re losing!


  5. on March 13, 2013 at 11:50 pm Ella

    I see hack-for-hire Terry Prone was called in post haste, presumably by Denis O’Brien, to trash Ming for mentioning at the end of Vincent Browne’s show that INM are attempting to have their €400 million debt written down.

    Note too how quickly FG’s Joe O’Reilly cut in to dismiss it as populist nonsense. Hmmm.


  6. on March 14, 2013 at 8:38 am Julie Corcoran

    I do believe this story was carefully spun as a distraction. So the real question is, what was the government deflecting media attention from?
    I am not a sheep, and refuse to be herded, this is, in my opinion, a non story.
    State supported evictions is of more concern I believe.


  7. on March 14, 2013 at 9:39 am Kieran Sullivan (@techspeakieran)

    The hatchet job on Ming continues:

    Today’s piece in the Indo includes Fionnan Sheahan’s byline and begins, “Corrupt TD Luke ‘Ming’ Flanagan pleaded with garda…”

    http://www.independent.ie/irish-news/flanagan-begged-gardai-to-wipe-points-as-offence-was-a-once-off-29129364.html

    While over in the Times, the headline reads, “Little support for Ming stance in home town”. Apparently quoting local people in the area, the words “hard neck”, “hypocrite” and “disgrace” appear in the opening paragraph.

    http://www.irishtimes.com/little-support-for-ming-stance-in-home-town-1.1325019

    I was going to ask, ‘Why don’t the newspapers show such zeal all the time in pursuing politicians’, but then I remembered what island I live on.


  8. on March 14, 2013 at 12:09 pm Wolverine

    Ming Flanagan is a convenient distraction to the ongoing systemic corruption in political Ireland.Here is one example of many I could quote:

    Alan Shatter as Minister for Justice directed the Garda Commissioner to investigate two priests for child abuse.

    Irish Independent 26/11/2011.

    ”..Mr Shatter also contacted Garda Commissioner Martin Callinan about the programme — saying that people were entitled to be reassured that everything was being done to counteract this “evil” where ever it took place….”

    Note the summary judgement of Fr Reynolds as ”evil” by the the Justice minister based on false evidence which was second hand and uncorroborated.Yet this solicitor of over 30 years standing and chief executive for the administration of Justice in Ireland used the police force to fit up two men because they were Catholics and Priests.
    The charge he was trying to ‘fit’ them up is appropriate since he characterised the men as ”evil” .
    Now if the two priests were Rabbi’s and Shatter a Catholic does anyone believe he would still be in office.?

    Does anyone think it wrong in this country that the Minister for Justice can ring up the Garda Commissioner and direct him operationally to go after innocent citizens of the state based on his own prejudices.? Or is getting penalty points wiped a more serious offence?


  9. on March 14, 2013 at 12:40 pm JR

    a couple of pints on a driving license! a few more weeks resolving that is just what the country needs


  10. on March 14, 2013 at 6:59 pm i luv ny

    While Ming has inspired a deeper discussion on Ireland,… here’s one for ye……I note that an IDA sponsored online event today spoke of the fact that ‘data shows the Irish brain pulls equally on both sides, right and left’ and that explains why the Irish are good at business, technology, storytelling and lots of other things.This is supposed to be a pull factor attracting foreign investment, in the tech sector no less, to Ireland….seriously.
    The Irish taxpayer is paying someone to spend their time giving a voice to this kind of stuff, while at the same time cutting education, hospitals and a lot more.
    The Irish brain pulls equally on both sides…..for jasus sake…did ye ever hear the like….IDA should get a new tag line. “Spout shite. Get paid”


    • on March 15, 2013 at 9:29 am Kieran Sullivan (@techspeakieran)

      Maybe I’m giving them too much credit here, but surely that’s just a tongue-in-cheek statement from the IDA?

      What with St. Patrick’s Day and all that paddy-whackery coming up??? Surely…



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