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Newslist Messages for
December 2000
Date: Fri Dec 1, 2000 1:12pm Subject: SNP FOR LEAGUE DUBLIN MEETING CELTIC LEAGUE - PRESS INFORMATION An Conradh Ceilteach the Irish branch of the Celtic League have organisedanother successful public meeting. The programme of meetings aimsto bring prominent political figures from the various Celtic countriesto comment on contemporary matters. The most recent guest was Irene McGugan of the SNP and the text ofher speech is set out below: 'The Scottish Parliament - a Stepping Stone to Independence?' Irene McGugan, MSP, SNP. Public Lecture, Trinity College Dublin, 29th November, 2000 BUSINESS IN SCOTLAND "ADOPTING A MORE POSITIVE ATTITUDE" TO INDEPENDENCE There are signs that a significant attitudinal change is taking placeamongst Scotland's business community towards independence for Scotland.At a meeting in Trinity College, Dublin, on Wednesday night, organisedby the Celtic League and Comhaontas Ceilteach in TCD, Irene McGugan,Shadow Deputy Minister for Children and Education with the ScottishNationalist Party (SNP), announced that an organisation, Businessin Scotland, had been established to facilitate this change. Ms McGugan said that "the politics of fear has been used to frightenbusiness away from the idea of Scottish independence" and that manybusiness people had been scared by the unionist controlled media intoadopting an extra cautious approach. Business in Scotland was exposingmany of the myths behind this "politics of fear" and many businesspeople were adopting a more positive attitude. "There is no money for the SNP from big business", Ms McGugan added. Ms McGugan disagreed with the statement made in Dublin recently beforehis death by Donald Dewar, the First Minister of the Scottish Parliament,that the new Scottish Parliament was the end game for Scots. As soonas the SNP gained an overall majority, independence would be declared,the Shadow Deputy Minister promised. According to Ms McGugan, the introduction of a PR electoral systemwas required in Scotland as the present system left SNP voters heavilyunder-represented. A fairer electoral system "would enable Scotlandto take its place amongst the other independent nations of Europewithin the European Union". The SNP were in favour of official status for all three languagesin Scotland - Gaelic, Scots and English. "The question of languagemakes unionist parties very uncomfortable", Ms McGugan claimed, "becauseit forces them to recognise other identities". =========================== Date: Sat Dec 2, 2000 4:41am Subject: MANX BANKS PROBE CELTIC LEAGUE - PRESS INFORMATION DAIL COMMITTEE TO PROBE MANX ACCOUNTS "If our banks are used as a conduit, however legitimate, to swindlethe wealth of another nation then that causes misery and we cannotbe part of it". The influential Public Accounts Committee of the Irish Parliament( the Dail) is to probe the "quite amazing amount of money" held byIrish banks and institutions on the Isle of Man. The scale of the amounts, variously reported at between £3 and £4billion, is likely to open a new chapter on ongoing enquiries intotax evasion in Ireland. In an indication of the strength of publicfeeling in Ireland about tax evasion the Public Accounts CommitteeChairman, Mr. Jim Mitchell, has called for jail sentences for "whitecollar crime". He told the media; "I'm a little taken aback that despite all that's come out in thisinquiry to date, there's still the old culture of non-deterrents,non-prosecution, non-custodial sentence for white-collar crime. Thiscommittee will not tolerate a Mickey Mouse response, we want effectivedeterrents. We don't want people in jail just for the fun of it, wewant them in jail to make sure a lesson goes out to other people thattax evasion becomes a highly unfashionable thing in this country." The new revelations come just months after allegations of the launderingof public funds from the Russian federation via the Isle of Man. Atthat time the Celtic League, in correspondence to Manx Treasury MinisterRichard Corkhill, said "If our banks are used as a conduit, howeverlegitimate to swindle the wealth of another nation then that causesmisery and we cannot be part of it". The new allegations also comehard on the heels of assurances by the Manx government about the legitimacyof business transacted here. It follows a number of high profile casesin Ireland involving individuals using accounts in the Isle of Man. Both the Chief Minister and the Finance Minister have gone on recordto say that the Island is striving to achieve "greater transparency",yet within days of such statements these new revelations have emerged. The Celtic League have long called for greater openness about transactionsbetween Mann, Ireland and other finance centres. It appears that thislatest Irish initiative will peel away some of the veils of secrecythat surround our finance sector. Bernard Moffatt Secretary General Celtic League 2/12/00 ============================= Date: Sat Dec 2, 2000 0:13pm Subject: PRISONERS SUPPORT WEEK CELTIC LEAGUE - PRESS INFORMATION POLITICAL PRISONERS WEEK Solidarity sought for Breton, Basque and Corsican prisoners of conscience A week of events to highlight the plight of Breton, Basque and Corsicanpolitical prisoners is taking place in Paris from December 9. It isbeing organised by movements and associations which support the prisoners. Last month the Celtic League wrote to the French government urgingthat 10 Breton prisoners be relocated to prisons in Brittany. We alsoasked for consideration to be given to early release of some of thoseprisoners who are ill. Three of the prisoners are currently on hungerstrike. Gérard BERNARD began his hunger strike on the 1st November. PascalLAIZE and Arnaud VANNIER started their fast on the 28 November and1st December respectively. The prisoners are all seeking politicalstatus. Gerad BERNARD and Pascal LAIZE are ill, BERNARD has a thyroid problem,and LAIZE was involved in a car crash in which his knees were broken.Another prisoner, Alain SOLE, is ill with diabetes. In an attempt to prompt dialogue and encourage the French Governmentto end the repression in Brittany the ARB (Revolutionary Army of Brittany)has returned explosives stolen in Plévin last year. It is too early to say if this gesture will elicit a positive responsefrom the authorities in Paris but the Celtic League will highlightthe significance of the move in correspondence to EU governments.This will be timed to coincide with the solidarity week commencingon December 9. Celtic League National branches will also be askedto try and seek support from National Parties in the Celtic countriesfor the prisoners. It is a disgrace to see incarcerated those only crime is to wish tosee their homelands free to determine their own future. The governments in Paris and Madrid should realise that politicaldialogue and not repression is the road to conflict resolution. Bernard Moffatt Secretary General Celtic League 2/12/00 ============================== Date: Fri Dec 15, 2000 0:03pm Subject: BRITISH SECURITY BEFORE MARINE SAFETY CELTIC LEAGUE - PRESS INFORMATION MARINE POLLUTION THREAT The Celtic League believe that Britain's continued operation of defectivenuclear submarines poses a reckless threat to the Marine environment The MOD have responded to concerns expressed by the Celtic Leagueabout the continued operation in coastal waters around the BritishIsles of nuclear submarines (SSN) following the discovery of a reactorfault on vessels of the type. The League had written to the governments in Scotland, Wales Irelandand the Isle of Man following the withdrawal of the Royal Navy's entireSSN force from service in September. The recall followed revelationsthat faults on a submarine docked at Gibraltar were more serious thanat first thought. We pointed out the the various governments that operations by thesubmarines in coastal waters and the Irish sea had continued afterthe problems were known and this posed an unacceptable risk. In its reply, via the office of the Welsh First Minister, the MODset out the sequence of events which led up to the recall. They insistthat they acted as soon as they were aware their was a serious problem.They also say they consider safety to be of paramount importance andpoint to the operational record of the British submarine force over40 years. However, it is clear from the correspondence that problems persist.The MOD say that faults identified are being subjected to "a secondseries of inspections, using a more sophisticated investigation technique".Meanwhile some of the submarines said to be "not affected" have returnedto operational duties. The Celtic League continue to have concerns about operations by thesevessels in coastal waters around the British Isles. The operationof vessels of this type with the capacity to release pollution whichcould not be dissipated or contained for many decades is in our viewreckless. Reading between the lines the MOD need vessels of this typeas they have no conventional alternatives. They are therefore puttingBritain's defence interest before the security of the marine environment. J B Moffatt Secretary General 15/12/00 ================================ Date: Fri Dec 15, 2000 0:03pm Subject: McBRIDE KILLERS FOCUS FOR INDISCIPLINE CELTIC LEAGUE - PRESS INFORMATION McBRIDE KILLERS - RALLYING POINT FOR MALIGNANCY AND INDISCIPLINE The Ministry of Defence has again defended its decision to allow twoconvicted murderers, James Fisher and Mark Wright, to remain in theBritish Army. The Celtic Leagues Manx branch had written to the MOD as part of aseries of protests called to highlight the callousness and insensitivitycaused by the decision to the family of Belfast man Peter McBridewho was murdered by the pair in in 1992. The two men were subsequentlyjailed but released early by the British government. The McBride family has tirelessly campaigned against the decisionto allow the two men to return to duty. Their campaign this week receiveda new impetus when the Irish parliament (Dail) debated the issue andcondemned the British governments decision. In correspondence to Celtic League Manx branch Secretary, Cristl Jerry,the MOD say "there were exceptional reasons to allow for their retention". The Celtic League Manx branch is appalled by the decision and believethat the "exceptional reasons" argument is fatuous. Both Fisher andWright were branded as liars by the Judge that heard their case. Itis clear therefore that immediately after the incident there was noremorse or regret, but simply an attempt to lie to evade retribution.It is clear also that some in the Scots Guards (the men's regiment)still seek to justify the murder. Last week soldiers from the regimentsent a tasteless Xmas card to the Civil liberties group in Ireland(the Pat Finucane Centre) which has been assisting the McBride family.It is clear therefore that the MOD decision to reinstate the two hasmade them a rallying point for malignancy and indiscipline. J B Moffatt Secretary General 15/12/00 ============================ Date: Mon Dec 18, 2000 11:30am Subject: SCROOGE FRENCH PRISON AUTHORITIES CELTIC LEAGUE - PRESS INFORMATION "SCROOGE" PRISON AUTHORITIES CENSOR XMAS MAIL The French prison authorities have started to return magazines andcards sent to Breton political prisoners. The Celtic League have labelledtheir attitude as mean, or "Scrooge like". The French prison authorities have refused to allow copies of a Celticmagazine, CARN. to be delivered to Breton prisoners currently remandedin prison in the Paris area. The Celtic League, which has branches in the six Celtic countriesincluding Brittany, is supporting calls for the men to be relocatedto prisons near their homes in Brittany or released on compassionategrounds as some of them are ill. The League has urged its branches and members to send cards, readingmaterial and messages of support. However, copies of CARN, the journalof the Celtic League, have been rejected by authorities at five ofthe prisons and returned. The content of CARN is essentially cultural but it does also highlightthe distinct political identity of the Celtic countries. Only a limitedamount of the content relates to Brittany. To date the French authorities have provided no explanation for theirmean-spirited attitude. Bernard Moffatt Celtic League 18/12/00 ================================ ISLAND TO IRELAND - INCINERATOR OPPOSITION GROWS A vigorous debate on the Isle of Man over the merits, economic andenvironmental, of waste incineration is now being mirrored in Ireland. SINN FÉIN Chairperson, Mitchel McLaughlin, has added his voice tothat of a wide range of environmentalist and local politicians inIreland who are querying the wisdom of adopting incineration as ameans, long term, of resolving waste management problems. Commenting, in the current issue of An Phoblacht, on new statisticsfrom the United Kingdom about the health implications of incinerationhe says " These (statistics) highlight the need for an immediate moratoriumon all incinerator projects here in Ireland until we can put in placea long term all-Ireland waste management strategy. We need an all-Irelandwaste management strategy because clearly what happens in Louth orDerry will effect everybody". His concern is the latest voiced by a wide range of individuals andgroups in Ireland which have have a correlation to those on the Isleof Man concerned at incineration. The Isle of Man government plans to site its waste incinerator nearto the Islands main centre of population, Douglas, where over halfthe Islands population live. Urban concerns are also parallelled byFarmers, whose land is adjacent to the new plant. Whatever the merits or otherwise of incineration it is clear thatthere is a growing body of public concern, right across the BritishIsles, about what is seen as a potentially flawed method of wastemanagement. Bernard Moffatt Celtic League 18/12/00 ============================= Date: Mon Dec 18, 2000 11:31am Subject: PATRIOT REMEMBERED CELTIC LEAGUE - PRESS INFORMATION MANX PATRIOT COMMEMORATION The Annual Illiam Dhone Commemoration, organised by the Manx branchof the Celtic League and Mec Vannin, will take place at Hango Hill,Castletown on the 2nd of January. Speakers will include Manx language activist Phil Kelly and Mark Kermode,Chairman of Mec Vannin the Manx Nationalist Party. Illiam Dhone was executed by the English overlord of the Isle of Man,Lord Derby, on Jan. 2 1663. Illiam Dhone (William Christian) had earlyadministered the Island for a brief period, taking advantage of theEnglish Civil war to assert Manx sovereignty. His exploits and deathare recorded in the Gaelic lament "Baase Illiam Dhone" (The Deathof Brown William). In recent years the anniversary of his death hasbeen used as a focus by Nationalists to raise public awareness atdespoliation of the Island by economic interests, such as those createdby the pressures for growth within the Finance Industry. This year the Manx Nationalist Party message delivered by Mark Kermodeis likely to once again restate a fundamental message of oppositionto economic exploitation by outside interests and the threat thatthis poses to environment, culture and population balance. The commemoration takes place at 2:00 pm on the 2nd January. Bernard Moffatt Celtic League 18/12/00 =========================== Date: Mon Dec 18, 2000 1:41pm Subject: BASES A THREAT TO PEACE CELTIC LEAGUE - PRESS INFORMATION ARMAGH BASES A THREAT TO PEACE Batons and guns against peaceful protesters in S. Armagh are notjustified! Talk about "new policing" and "reform" carry little weightwhen batons and guns reflect that the old order of policing in nationalistareas of N. Ireland is unchanged. The South Armagh Farmers & Residents Committee have organised a secondweekend protest against the continued British military presence inthe area. On Sunday a group of fifty local residents entered the British Armybase at Crievekeeran on the Culloville/Crossmaglen road, despite thepresence of heavily armed troops. Using wire-cutters, the protesteroccupied most of the base for over an hour, while the soldiers retreatedto an inner section of the facility. Last week, to coincide with the visit by US President Bill Clinton,SAFRC organised a similar protest at the Glassdrummond base. Despitethe peace theme of the Clinton visit police action at the Glassdrummondprotest and after was less than peaceful and several of the protesterswere harassed. In one incident police aimed weapons at the unarmedprotesters. This week again "community policing" was on the agenda and severalof the protesters were attacked with batons. The police have no writin this area, they are not wanted, and by their actions they maketheir position even less tenable. Talk about "new policing" and "reform"carry little weight when batons and guns reflect that the old orderof policing in the nationalist areas of N. Ireland is unchanged. Itseems likely the protests will continue for as long as the bases remain.and the police response will become more dangerous. British political and military interests are playing up these communityprotests in South Armagh as being orchestrated to achieve a weakeningof the security forces in the area. However, it is only when one visitsthe area and sees the extent and intensity of the military presencethat one appreciates the pressures on the local community. The bewilderinglyarray of communications equipment and radiation emitting surveillanceequipment, which in many instances is right in the local communitiesback yard, adds to health concerns and general uncertainty. Clappedout helicopters clatter in and out of the myriad of bases their progressonly varied by the occasional crash landing. Though the Irish government has paid lip-service to the concern ofthe South Armagh community, to date no effective pressure has beenapplied to have the British government give meaningful effect to demilitarisingin South Armagh. Paradoxically, the "security" value of the South Armagh installationswas itself always problematical. It created logistic problems whichsaw the outposts, that mushroomed in the area over the past twentyyears, virtually isolated with supply only being effective by air.British history will probably reassess the value of the S. Armaghfortifications as more of a political statement than an effectivesecurity instrument. The British government indulged its security hierarchy and the localcommunity suffered. Now they are giving notice that they intend tosuffer no longer. The current heavy-handed police response to thelatest protests is not only unwarranted but dangerous for the entirepeace process in these islands. Bernard Moffatt Celtic League 18/12/00 ============================ Date: Mon Dec 18, 2000 1:42pm Subject: CORNISH CALL TIME FOR ENGLISH HERITAGE CELTIC LEAGUE - PRESS INFORMATION CORNISHMEN CHARGED OVER ENGLISH SIGNS PROTESTS Three Cornishmen, members of the Cornish Stannary Parliament (Stannators),have been charged in relation to "theft" surrounding the removal ofEnglish Heritage signs from "English" Heritage sites around Cornwall.In all 11 charges were brought, with the value of the signs set at£20,000. The innovative Stannators used acetylene cutting equipment to removethe signs, over several months, in an action code-named "OperationChough". The question of English signs on historical sites in Cornwall,and indeed the very presence of "English" Heritage, is deeply offensiveto many Cornish nationalists and those active within the Cornish languagemovement. In what can only be termed a provocative development the three men,who had been bailed, were remanded in cells for several hours priorto their initial Court appearance. Why the detention was thought necessaryis unclear as the three are unlikely to abscond. In fact, the wholethrust of their protest is aimed at getting English Heritage to leaveCornwall The men were due in Court again last Friday but at the present timethe League is unclear if the charges were progressed further. In the case of one of the men, his only participation in the eventswas to take "official" photographs of the sign removals. However allhave been similarly charged. The Celtic League will be protesting at the mens pre-trial detentionto the Devon and Cornwall Police. We will also be re-iterating concernspreviously raised with the Executive of English Heritage about itspolicy in Cornwall. Bernard Moffatt Celtic League 18/12/00 Date: Wed Dec 20, 2000 4:24am Subject: A positive step for Gaelic education for the whole of Scotland The Alba branch of the Celtic League are delighted to have attributed to the progress of Gaelic education for the whole ofScotland. The Alba Branch submitted a petition some months ago addressing Gaelic education and sought a 'twintracked inclusive' approach. While the Alba branch always saw GME as important we felt that many basic foundationshave been missed from rebuilding it. We felt that Gaelic medium education was a parental choice and excluded children who would possibly want to learnGaelic but whose parents had not chosen that option or it was not available in their area. Children may now be able tohave Gaelic as an option if they wish.We thought it would be a positive step to widen the scope of Gaelic education to everyone who wants it. The ScottishExecutive in it's Educational National Priorities outlines 'Gaelic education' as a national priority and does not just limititself to Gaelic medium education, which will undoubtedly mean that mainstream schools and special educationalschools will also be able to benefit from learning Gaelic and they may hopefully be able to take Gaelic a stage further intoGaelic medium education or on to Higher Education.We also believe Gaelic as a second language could be an option for the many families who have 'dropped out' of Gaelicmedium education. Obviously there is still a lot of work to be done but this is a very positive step. Risnidh Mag Aoidh Alba Branch secretary Celtic league ==================================== Date: Thu Dec 21, 2000 1:01amSubject: MOX MADNESS CELTIC LEAGUE - PRESS INFORMATION SELLAFIELD FACILITY RESTART - MOX MADNESS The Celtic league has attacked a decision by British safety regulatorsto allow a restart of the MOX development facility at Sellafield. Speaking on Manx Radio the Secretary General of the Celtic League,Bernard Moffatt, said that there was a lack of transparency surroundingsafety related issues at the plant. The MOX facility ceased productionafter BNFL were forced to reveal that safety data at the plant, connectedto MOX production, had been falsified. The Celtic League also criticised British safety regulators at theHSE and said that the British nuclear programme was so inextricablylinked to the British government that it was impossible to acceptthat the HSE, itself a government agency, could be totally objective. The League said that safety regulation of nuclear facilities aroundthe Irish sea has been a disaster for over three decades, with spillsfrom Sellafield and incidents and alerts at other nuclear plants,such as Heysham and Wylfa Power stations on the Lancs. and N. Walescoast. The Secretary General said communities around the Irish sea faceda threat from Britain's nuclear programme and assurances from Britain'snuclear safety regular were worthless. He called for tough Irish andManx government action to scrutinise the latest MOX production moves. Bernard Moffatt Celtic League 21/12/00 =============================== Date: Wed Dec 27, 2000 10:33am Subject: REFORM LIBEL LAW CALL CELTIC LEAGUE - PRESS INFORMATION PRESSURE TO REFORM LIBEL LAWS The Celtic League have called for reform of legislation on the Isleof Man governing defamation and libel saying that the provisions ofcurrent legislation are inconsistent with International law governinghuman rights. In a letter to Chief Minister Donald Gelling the Leaguesay: "The Celtic League welcome the determination with which your administrationis now addressing the issue of human rights. It is especially hearteningthat your government has indicated a wish to incorporate the EuropeanConvention on Human Rights into domestic law. Implicit in the adoption of new standards on human rights is the needto address those areas of our current law which are restrictive tofreedom of expression. One area that immediately springs to mind isthe current law on defamation and libel. You will probably be aware that last year both the European Courtand the United Nations Commissioner on Human Rights focused criticallyon libel laws in Ireland. The implication was that such law was arestriction on the freedom of expression conveyed by both the ECHRand the United Nations Covenant on Civil and Political Rights. Obviously reform in this area has to be balanced by the need to respectthe right of an individual from inaccurate or injurious attack. Howeverat the present time the defamation laws, both in the Isle of Man andthe United Kingdom, would seem to be structured and implemented moreto restrict freedom of expression than protect individual rights. We urge you to consider reform of this archaic legislation in tandemwith other legislative reform." The League specifically highlight in the correspondence to the ChiefMinister criticisms of laws in Ireland voiced last year by a reportof the UN Commissioner on Human Rights. The report criticised boththe level of damages and procedures of libel cases. The Celtic League believe that the incorporation of Human Rights legislationinto domestic law will invariably lead to freedom of expression suitsbeing lodged by those who are threatened under the provisions of theIslands archaic defamation laws. Bernard Moffatt Celtic League 27/12/00 Date: Wed Dec 27, 2000 10:33am Subject: PROTEST OVER PRISONERS MAIL CELTIC LEAGUE - PRESS INFORMATION PROTEST OVER BRETON PRISONERS MAIL The Celtic League have written to the French Embassy following therefusal by prison authorities at some jails near Paris to accept mailfor a number of Breton detainees. In correspondence to the Ambassador in London the Secretary Generalhas asked that clarification be sought from Justice Minister, Marylise LEBRANCHU, about policy at the various prisons in respect of rejectionof prisoners mail.: "I recently forwarded information and a copy of the Celtic Leaguejournal (CARN) to a number of Breton prisoners detained at prisonsin the Paris area. Whilst some of the recipients received the mail forwarded, in severalinstances the correspondence was returned. I wonder if you could clarify from the Minister with responsibilityfor Prisons why this occurred. If by forwarding mail in the manner specified we are breaching someconvention or regulation governing communication with detainees itwould be helpful if the prison authorities clarified this when returningthe mail. I would add that it is also unclear what happened to Xmas cards sentby our organisation (and others) to the men. Obviously if these werealso withheld it is most mean-spirited." There are now nine detainees held at prisons in France and the CelticLeague is supporting their campaign to be transferred to prisons inBrittany. One other detainee, Denez RIOU, was released just priorto Xmas. Bernard Moffatt Celtic League 27/12/00 =================================== Date: Wed Dec 27, 2000 10:33am Subject: PROTEST OVER CORNISH DETENTION CELTIC LEAGUE - PRESS INFORMATION PROTEST OVER CORNISH DETENTION The Celtic League has expressed its concern to the Chief Constableof the Devon and Cornwall Police about the detention of three Cornishnationalist in cells prior to a magistrates Court appearance earlierthis month. The men are alleged to have removed signs belonging to English Heritagefrom various locations in Cornwall. Originally bailed to the Courtthe men answered their bail and were promptly locked in cells forthree hours prior to the hearing. In a letter to Sir John Evans Chief Constable of Devon and Cornwallthe Secretary General of the Celtic League says: "I an writing to register our concern at the treatment of three Cornishnationalist who were held in cells recently (December 12) prior toa (magistrates) court hearing in your area. I understand that the three had been detailed and bailed in connectionwith alleged offences involving the removal of signs from 'EnglishHeritage' sites in Cornwall. I understand that they complied withand answered their bail to appear at Court. In the circumstances why it was felt necessary to detain them in cellsfor several hours escapes me.? I can only conjecture that the political nature of the men's protestwarranted in the view of your force and the courts a draconian response.If this is the case it demeans the court and the Devon & Cornwallpolice." Paradoxically the action taken against the men is likely to furtherfocus opposition in Cornwall against erosion of national identity. Bernard Moffatt Celtic League 27/12/00 ============================ Date: Wed Dec 27, 2000 10:33am Subject: IRELAND IN DOCK OVER 'OFFENCES' LAW CELTIC LEAGUE - PRESS INFORMATION EUROPEAN COURT IRISH JUDGEMENT HAS WIDER IMPLICATIONS The concentration of most people on the Xmas holiday period has obscuredthe implications of a European Court of Human rights judgement deliveredagainst the Irish government. Without doubt one of the most misused and malevolent pieces of legislationthat attacks human rights is the infamous Offences Against the StateAct (OSA) first introduced sixty years ago to combat The IRA by theIrish government. The finding of the European court calls into question Section 52 ofOSA. The human rights’ judges found that the measure compromised threepeople’s rights to a fair trial. This was because it impugned their right to a presumption of innocenceuntil proven otherwise, and violated their right not to incriminatethemselves and retain their right to remain silent. All of these rightsare protected under the European Convention of Human Rights. Unusually,the court also awarded damages and while the compensation awardsare small (£4,000 each plus costs), it is not a usual step for thecourt, and represents the importance the judges have attached to thecases. Reacting after the judgement Irish Justice Minister John O’Donoghuemade it clear there will be no rush to react to the findings of theStrasbourg court and a spokesman for the Minister said the rulingwould be examined by the special committee, which is already examiningthe Offences Against the State Act as part of the terms of the GoodFriday Agreement. However, Mr. O’Donoghue has already begun preparations for incorporatingthe European Convention on Human Rights into domestic law and it seemsunlikely that Ireland can ignore the judgement. The judgement may also have ramifications for other Celtic countries.The United Kingdom and the Isle of Man have introduced Preventionof Terrorism Acts the provisions of which will undoubtedly eventuallybe tested when the Human Rights Act is incorporated into domesticlaw. In addition its clear that a major consideration in the ECHRjudgement against Ireland was the infringement implicit within OSAof inferences drawn from the right to silence. This is already anissue under scrutiny in Respect of flawed criminal justice legislationintroduced in N. Ireland, mainland Britain and the Isle of Man. Bernard Moffatt Celtic League 27/12/00 ============================= Date: Wed Dec 27, 2000 10:33am Subject: POLICE OPERATIONS QUERY CELTIC LEAGUE - PRESS INFORMATION UNDERCOVER POLICE OPS QUERY The Celtic League have asked the Manx Home Affairs Minister Alan Bellwhat regulations govern the conduct of police undercover operationsand the use of aural or visual surveillance equipment. In a letterto the Minister the League Secretary General asks: "Could you advise what section of current Criminal Justice or PolicePowers legislation regulates the operation of police undercover operations. Specifically, is the use in such operations of surveillance equipmentregulated by statute? For information, I understand that in the early 1980s the then ChiefConstable of the Isle of Man issued a version of a Home Office guidelinecovering these matters. However, subsequently in the United Kingdomwhen this "guidance" was made public it was held to be deficient andnew procedures introduced. However, as far as I am aware, no parallelmoves to control usage of mechanical or electronic devices in auralor visual surveillance operations was introduced here. At the timeof the introduction of guidelines in the UK it was generally acceptedthat there was a need for such sensitive operations to periodicallybe mounted by the police - the primary purpose of aural and visualsurveillance being to help confirm or dispel a suspicion of seriouscrime, and not to collect evidence. As you are aware there have been several fairly weighty tomes of policeprocedure and criminal justice legislation introduced on the Isleof Man in the past decade. Could you please indicate which legislationcontrols this sensitive area of police operations." Nearly two decades ago the Celtic League co-operated with Welsh nationalistMPs in exposing the Home Office guidelines referred to in the letterto Minister Alan Bell. The Celtic League also campaigned throughoutthe 1980s for the introduction of regulations to govern the interceptionof communications and submitted evidence when the Interceptions ofCommunications legislation was introduced on the Isle of Man ten yearsago Bernard Moffatt Celtic League 27/12/00 =============================== Date: Wed Dec 27, 2000 10:44am Subject: 'SILENCE' LAW CHANGE INEFFECTIVE CELTIC LEAGUE - PRESS INFORMATION SILENCE RIGHT RESTRICTION - INEFFECTIVE For many years the right to silence was a cornerstone of the criminaljustice system in the United Kingdom and the Isle of Man. However,over the past two decades that right has been eroded in the interestsof the "improving" the conviction rate. As with so many erosions of rights and liberties the right to silencewas first restricted in Northern Ireland. The ability of the policeand judiciary to draw inferences from an accused persons silence wasfelt to be an important weapon in the war against terrorism. In 1988 the Criminal Evidence (N. Ireland) Order amended the law toallow a court or jury to draw inferences from an accused persons refusalto answer questions. As with all bad criminal justice legislationonce established in N. Ireland it was extended to the United Kingdom'mainland' via the 1994 Criminal Justice and Public Order Act. Although there was no serious research indicating that such legislationwas either desirable or necessary for the Isle of Man the Manx governmentanxious to ape legislative changes in the UK soon introduced the restrictionto the Manx legal system via the 1996 Police Powers a& ProceduresBill. At the time Civil Liberties organisations and at least one progressivemember of the Manx legal profession questioned the necessity or desirabilityof such change. However the opposition went unheeded. Now new research has indicated that restricting the right to silencehas had little impact on conviction rates (in fact they show a decreasein respect of both terrorist and ordinary crime). The research coversthe decade from the introduction of the legislation in N. Ireland. The research indicates that the decision to attack crime via restrictionson the rights of accused persons has been ineffective in N. Irelandand would suggest that the decision to ape the legislation in theUK and subsequently in the Isle of Man was unsound. Bernard Moffatt Celtic League 27/12/00 ================================= Date: Wed Dec 27, 2000 11:31am Subject: SYSTEMS NOSE DIVE FOR OBSOLETE CHOPPERS CELTIC LEAGUE - PRESS INFORMATION SYSTEMS NOSE DIVE FOR OBSOLETE CHOPPERS Helicopter operations over South Armagh, already the subject of criticismon safety grounds by local community groups, seem destined to be evenmore fraught with danger. The area has for several years had the highest density of militaryhelicopter operations due to supply operation for the myriad of baseswhich dot the country side in the area. Because of the continued failureby the British to scale down its military operation and close basesthese re-supply operations continue apace. One group insists thatthe level and frequency of flights has increased Many of the helicopter bases or landing pads are adjacent to villagesand farmsteads and from January an added risk may occur because radiosystems (ILS) in some military aircraft and helicopters will becomeobsolete when new frequencies are allotted to commercial users. Theextent of the difficulty is impossible to quantify because the MODare being 'incredibly tight-lipped' about the problems likely to occur- possibly because they just cannot say how widespread it will be. The MOD are modifying some of the more modern aircraft to meet theproblems posed but the semi-obsolete machines (helicopters) whichoperate in south east Ulster are unlikely to receive upgrades. Inany case British military helicopters are notoriously poorly equippedand instrument deficiencies are said to have contributed, for example,to the Chinook crash at Kintyre six years ago. The problem is a general one which will effect RAF operations acrossthe United Kingdom. The MOD remain positive about the problem - untilthe first crash! Bernard Moffatt Celtic League 27/12/00 ================================== Date: Sun Dec 31, 2000 7:51am Subject: RECORDS 'SWEPT' ON AER LINGUS CRASH CELTIC LEAGUE - PRESS INFORMATION AER LINGUS CRASH QUERY The Celtic League has re-iterated its concerns to the Irish governmentabout the re-opened investigation into an airliner crash over theIrish sea thirty years ago. All sixty-one people on board an Aer Lingus Viscount airliner diedwhen the aircraft crashed in the Irish sea in March 1968. The incidentstill constitutes the most serious loss of life in any air crash overthe Irish sea. Speculation about possible British military involvement(the aircraft had been passing close to the Aberporth missile testingrange off Caernarvon bay) resulted in a review of evidence last yearby the British and Irish governments. The League has queried the accuracyof some of the evidence supplied by the UK for that review. (The BritishMOD had said that parts of a SD2 Stiletto target drone found nearthe crash site could not be connected with the crash as in 1968 nolaunch system had been developed for the type. However, we have pointedout that Shorts the Belfast plane maker modified an obsolete Canberrabomber as a launch vehicle for the type in 1967). Six months ago the Irish government set up a further independent assessmentand this is currently under-way. The League have now written to Mary O'Rourke at the Department ofPublic Enterprise (see attached) pointing out that new research atthe United Kingdom Public Record Office indicates that information,about either the crash or the Aberporth facility, appears to havebeen 'swept' clean at that facility. The League have also written to the British ambassador to Dublin askingwhy a promised reply concerning the inaccuracy of information suppliedto the inter-governmental review has not been forthcoming. There is little doubt that the unresolved issue of the fate of EI-712is a continuing embarrassment to both the British and Irish governments.A combination of relatives, pressure groups and the media is not satisfiedthat the full story has yet emerged. The British government for its part have not helped their case (thatthe Aberporth missile testing facility was closed and could not thereforehave been involved in the crash) by destroying critical records andlosing pertinent documentation e.g. the logbooks from several navalwarships Bernard Moffatt Celtic League 31/12/00 (Text of letter to Minister O'Rourke) The Minister for Public Enterprise Mrs. Mary O'Rourke, TD., Department of Public Enterprise, 44 Kildare Street, Dublin 2, Ireland. Dear Minister Ref. Loss of Aer Lingus Airliner EI-712 I wonder if you could advise when the review into the Aer Lingus crash,by the Independent Crash Investigators you appointed, will be completedand made public. You will recall that I wrote in July querying assurances given, duringthe preliminary inter-governmental review, about a part from a missiledrone discovered in the Tuskar area. The part was from a US AQM-37Atarget drone. These were manufactured in the United Kingdom by Shortsas the SD.2 Stiletto. The report dismissed any relationship betweenthis drone and the crash saying: "Further research conducted by AAIU indicates that the UK did nothave the capability to launch this type of drone before July 1968". I subsequently forwarded information to your Office and also wroteto the British Ambassador pointing out that this was untrue. I stillawait a reply from the British Ambassador (Ivor Roberts) promisedin July (see encl.). If the Independent Crash Investigators are still working on theirreport they might wish to consider some additional factors which area source of concern to us: I understand that the Public Records Office (PRO) contains CAA filesholding information/analysis of domestic air accidents, going backto the 1950s. However, nothing on the 1968 Tuskar crash is recorded.You will recall that the British government confirmed that the CAAdid compile information on the crash. Interestingly, the PRO also contains information on various world-wideair tragedies being accidents not investigated primarily by the UKbut by other countries and obviously obtained for research purposes.Again there is no mention in this file of the Tuskar crash. A crashin Nigeria in the early sixties, in which two people died, is recorded.This latter was obviously deemed worthy of retention by the UK authorities,but there is nothing on the St. Phelim. Bizarrely two accidents involving Viscount aircraft are recorded,one just before 1968 and the other just after, but again no mentionof the St. Phelim. I also understand that sections of Navy files, where you would ona common sense basis expect to find mention of the extensive navalactivity in the few hours before - and for months after - the St.Phelim crash, contain no reference Disturbingly, there are no files relating to Aberporth Missile Rangein the PRO after March 1968, despite the fact that for the periodprior to the crash innocuous routine files about station administration(such as those released and seized on by the media about missile testtrial difficulties some years ago) do exist. The source who checked the Public Records Office situation said thatthey left the building with a distinct feeling that all informationwhich might have had some relevance or bearing on the events of thetime had been "swept". Now, this may all be coincidental but taken together with the trashingof documents, already admitted to by the British authorities, andthe supply of inaccurate information (such as that referred to inparagraph 2) it is extremely suspicious. I trust your Office, or the Independent enquiry, will investigatethese matters via a visit to the PRO to cross-reference the pointswe make. Yours sincerely, J B Moffatt Secretary General Celtic League 31/12/00  Back to Celtic League News |