We The People Of Eire – WeThePeopleOfEire.com
Food firms take Constitutional Case against Government delegation of power to sub-authorities.
No matter of what people think of big companies looking to challenge pay laws and have conditions like double pay removed on Sunday’s they are attempting to hold the Government to account and not allow them to delegate power to sub-authorities/regulators which has now being proven to have a crippling effect throughout most sections of society.
Just look what happened to our health system since the setting up of the HSE, which were given unprecedented powers by the Government. You only have to remember the way they treated cancer patients by closing down many local hospitals. The result being many people with different kinds of cancer forced to travel miles away and in some cases out of their home county to receive treatment. The Taxi Regulator is another example of how our Government have systematically given power (only they can have under the Constitution) to sub-authorities/regulators. Ask any taxi driver how their standard of living has dramatically dropped since the formation of the Taxi Regulator and you will be in for a rude awakening.
The real danger though with our Government setting up and giving away power (in cases power they do not have) to these sub-authorities/regulators is the serious threat to Democracy that they create. The Government and almost all politicians hide behind the veiled excuse that there is nothing they can do when there is any public problem or pressure from any group. You have to deal with this regulator or that regulator is their likely response, in turn each regulator says you have to deal with this Government department or that Government department to solve the issue.
The effect is that in a Constitutional Democracy where by the people vote politicians into positions of power to mange the economy and nation, to ensure that no provision of the Constitution is in violation by their actions and laws made, we are all now in a situation where by politicians are almost completely removed from the public and they do not seem to make any decisions themselves but rely on this or that regulator to write reports and make recommendations. The delegation of power has got to such a serious state in Ireland that in most cases our Government pay private companies to write reports to recommend what the Government should do. In a lot of cases that private company is Good Bodies. It’s not good for us but it’s good for somebody.
This is completely unacceptable and unconstitutional especially in a time when the public are feeling the burden of the global economic recession. The only acceptable Government are servants to the people that work in the interest of the people. We do not need a Government who continue pushing their own agenda contrary to the needs and wants of the Irish people .
The Irish Times article below highlights a Constitutional case taken by the Quick Service Food Alliance ( QSFA ) against the Irish Government for the way they have delegated power that only the Oireachtas has. Power to make binding laws for the State given to the Catering Joint Labour Committee (JLC) for setting working conditions in the catering industry. What will not be clear to any one who has not spend a few hours studying Irish Constitutional law at the outset of this legal challenge is the chain reaction effect this case could potentially have on other sub-authorities/regulators set up by the Irish Government including the Taxi Regulator, if The Quick Service Food Alliance are successful in their case.
Food firms to challenge pay laws
By ELAINE EDWARDS
Some 170 food businesses, including fast food groups Supermac’s, McDonald’s and Burger King, are to take a constitutional challenge over the way in which minimum rates of pay and employment conditions are set in the industry.
(QSFA) said today it had initiated a High Court challenge to the rights of the Catering Joint Labour Committee (JLC) to set conditions for workers in the catering industry.
Conditions for workers in certain sectors, including the security industry, hairdressing and contract cleaning are determined by JLCs. There are currently 17 JLCs and each is composed of worker and employer representatives from the relevant industry.
Under the State’s industrial relations law, a JLC submits its proposals to the Labour Court and if they are approved, the court makes an Employment Regulation Order which legally binds employers to pay the wage rates and provide conditions of employment no less favourable than those in the order.
The body said its case includes the argument that section 15 of the Constitution states that the sole and exclusive power to make laws is vested in the Oireachtas and no other authority has power to make laws for the state.
Chairman of the organisation, John Grace from Cork, said: “The making of Employment Regulation Orders (EROs) by the Labour Court is, therefore, an unconstitutional delegation of this law-making function which should be reserved for the Oireachtas.”
The case could potently prove that the taxi regulator and other sub-authorities’ have being given power and functions by the Irish Government that are unconstitutional and therefore invalid.
Indeed “We The People Of Eire” from the start of our research into the taxi industry, in different area’s of our Irish Constitution, stated that the Government and all sub-authorities are in violation of many articles of the Constitution law. We highlighted the exact article of the Constitution that the Quick Service Food Alliance (QSFA) have included in their Constitutional case, article 15.2.1. We stated that months before the QSFA decided to take a Constitutional case.
Bunreacht Na hÉireann: A Study Of The Irish Text by Micheál Ó Cearúil
THE NATIONAL PARLIAMENT
CONSTITUTION AND POWERS
LITERAL ENGLISH TRANSLATION
ARTICLE 15.2.1: “The only power to make laws for the State is hereby given to the Oireachtas alone; no other legislative authority whatsoever has power to make laws for the State.”
The case is in the very earlier stages but people in our nation everywhere should see it as evidence that the Irish Government and the sub-authorities funded by them do violate Irish Constitutional law which they are all bound by. When the State violate any article of the Constitution it is up to everyone who is aware of those violations to put it directly to the Government so we can remedy the situation and come back in-line with the Constitutions law.
Finally just to leave you with a small glimpse of how bad things have gotten in terms of the number of new regulators/sub-authorities being setup in the last decade or so, the article below from the Irish Independent highlights the exact number of these that have being setup.
‘Jobs for the boys’ soar over 10 years
THE number of quangos, or state agencies, operating countrywide has escalated to almost 1,000 over the last 10 years.
The proliferation of authorities, boards, advisory committees, strategy groups, agencies, state-owned limited companies and state-sponsored bodies ended up costing taxpayers €13bn in 2006 alone.
Between 1998 and 2006, the staffing levels at 39 agencies increased by 13pc, while the budget levels at 45 agencies increased by 74pc, according to Fine Gael research.
Some 2,416 people were appointed to serve on the boards of quangos on the direct nomination of Government ministers-prompting Opposition claims that Fianna Fail was simply creating “jobs for the boys”.
In a major OECD report published last year, the Government was criticised for creating so many “arms-length bodies” and claimed that the situation now amounted to an “organisational zoo”.
Months later, the Government announced new proposals to axe 41 quangos.
However, as briefing notes from the Department of Health have shown, it will take up to two years to complete the merging of 15 health quangos which are costing the State €122m annually.