Cops welcomed with smoke bombs and flares Dublin Pride 19:57 Jul 14 0 comments Gemma O'Doherty: The speech you never heard. I wonder why? 05:28 Jan 15 0 comments A Decade of Evidence Demonstrates The Dramatic Failure Of Globalisation 15:39 Aug 23 1 comments Thatcher's " blind eye" to paedophilia 15:27 Mar 12 0 comments Total Revolution. A new philosophy for the 21st century. 15:55 Nov 17 0 comments more >>Blog Feeds
Anti-EmpireNorth Korea Increases Aid to Russia, Mos... Tue Nov 19, 2024 12:29 | Marko Marjanovi? Trump Assembles a War Cabinet Sat Nov 16, 2024 10:29 | Marko Marjanovi? Slavgrinder Ramps Up Into Overdrive Tue Nov 12, 2024 10:29 | Marko Marjanovi? ?Existential? Culling to Continue on Com... Mon Nov 11, 2024 10:28 | Marko Marjanovi? US to Deploy Military Contractors to Ukr... Sun Nov 10, 2024 02:37 | Field Empty
The SakerA bird's eye view of the vineyard
Alternative Copy of thesaker.is site is available Thu May 25, 2023 14:38 | Ice-Saker-V6bKu3nz
The Saker blog is now frozen Tue Feb 28, 2023 23:55 | The Saker
What do you make of the Russia and China Partnership? Tue Feb 28, 2023 16:26 | The Saker
Moveable Feast Cafe 2023/02/27 ? Open Thread Mon Feb 27, 2023 19:00 | cafe-uploader
The stage is set for Hybrid World War III Mon Feb 27, 2023 15:50 | The Saker
Public InquiryInterested in maladministration. Estd. 2005RTEs Sarah McInerney ? Fianna Fail?supporter? Anthony Joe Duffy is dishonest and untrustworthy Anthony Robert Watt complaint: Time for decision by SIPO Anthony RTE in breach of its own editorial principles Anthony Waiting for SIPO Anthony
Voltaire NetworkVoltaire, international editionVoltaire, International Newsletter N?114-115 Fri Jan 10, 2025 14:04 | en End of Russian gas transit via Ukraine to the EU Fri Jan 10, 2025 13:45 | en After Iraq, Libya, Gaza, Lebanon and Syria, the Pentagon attacks Yemen, by Thier... Tue Jan 07, 2025 06:58 | en Voltaire, International Newsletter N?113 Fri Dec 20, 2024 10:42 | en Pentagon could create a second Kurdish state Fri Dec 20, 2024 10:31 | en |
The Rossport 5 in the Bigger Picture
international |
miscellaneous |
opinion/analysis
Sunday August 21, 2005 16:13 by Paul
The continued imprisonment of the Rossport 5 has as much to do with the global scramble for carbon fuels as it does with the gas reserves in the Corrib field. The intransigence of the Shell Corporation with regard to the ‘Rossport 5’, and the people of Rossport in general, appears incomprehensible to many. The continued incarceration of the five men is a direct result of Shell’s unwillingness to relent on its injunction restraining opponents of the onshore processing plant from opposing the construction work through direct action. |
View Comments Titles Only
save preference
Comments (4 of 4)
Jump To Comment: 4 3 2 1Isn't the law that deals with Compulsory Purchase Orders (CPO's) and Compulsory Acquisition Orders (ACO's), grounded in article 43(2)(2) of the constitution, and doesn't it attach a qualification to the granting of orders that in delimiting the right of a citizen to have full authority over their property, such a reduction in the right of the citizen (which is what a CPO or a CAO is), must be for the common good???
Have a look at what it says below:
Private Property
Article 43
1. 1° The State acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods.
2° The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property.
2. 1° The State recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this Article ought, in civil society, to be regulated by the principles of social justice.
2° The State, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good.
Where I'm going with this is, if the deal that Shell has struck with the government, could be considered and proven in court to be more beneficial to Shell than to the Irish people, (it is hard to see how it can't be given the terms that Shell has agreed with the Irish government), then the common good has not been served as required by the constitution for the granting of the CPO or the CAO, and it must therefore be repugnant to the constitution, or unconstitutional.
In agreeing such generous terms with the Irish government, Shell may well have dug itself a very deep hole in terms of where it now finds itself serving itself rather the common good, with regard to the qualifiaction set out in article 43(2)(2) of the constitution.
Does anyone else have any thoughts on this???
Actually what they have is a Compulsory Aquisition Order.
In Public projects eg roads, etc councils can obtain a Compulsary purchase Order. Now you can have your views on roads but even with PPP they are usually been built by the state to meet a need or a percieved or a supposed need or (NRA STYLE) a completely made up need.
This COA is a new beast and it's been used by 3 PRIVATE companies directly in pursuit of their own interests . As far as we know this is the first time a corporation has EVER been allowed to do this.
As has been pointed out REPEATEDLY.
The Irish State gets no royalties.
They are due 25% corporation tax within 30 years - all of which could, in theory, be written off if they incur sufficient capital costs.
Board Gas will compete on the open market for the gas at full price.
Krossie
I thought the rossposr five went to jail becase they were concerned about the safety of a gas pipeline. Are they really their to combat globalisation and the overuse of fossil fuels throughout the world?
Funny how they don't mention that in their statements.
As for the theory, Shell have a cpo for the wayleave through various farmers lands. CPO's are obtained for all major infrastructure projects in this country.
If Shell cave in and collapse their injunction, will any other CPO obtained for any other project (M3 motorway for example) be worth anything if this particular CPO (Corrib) doesn't work?
Do you think the government would like that senario?
Me thinks thats the reason their keeping quiet on this one.
Just a theory
How would the release of the Rossport Five on their own terms, and the possible sending Shell refinery to sea "weaken their strategic position and their semi-feudal claim to the natural gas reserves of the West coast of Ireland"?
I don't really get the semi-feudal bit, but that doesn't matter too much i suppose.