Archive for the 'quango' Category

From Lovejoy to Lovehate

I was watching an episode of Lovejoy (1986-1994) recently and noticed how in a supermarket Cigarettes were openly for sale at the checkout. How things have changed! Today no Cigarette advertising whatsoever is permitted in shops; no posters, not even the logo of the brand, so not even a box showing outwards from behind the counter. Indeed in a pub that I frequent the classic World War I era metal signs decorating the walls - for mostly defunct brands - have been removed. Is that publican being too severe on himself? or is he selling the signs on eBay to boost falling incomes.

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I think he was only following the law. The Public Health (Tobacco) Act, 2002, as amended in 2004 controls the sale and advertising of tobacco. This legislation largely gives effect to EU laws. In particular, Section 33 of the 2002 Act, as amended by section 5 of the 2004 Act prohibits advertising of tobacco products and section 43 of the 2002 Act as amended by section 14 of the 2004 Act, requires vendors to ensure that tobacco products are kept in a closed container that is not accessible and indeed not even visible to customers. These sections and took effect on 1 July 2009. All of this new legislation is aimed at stopping smokers before they start, an admirable goal. However it is important to note that Cigarettes can still be purchased if you know what to ask for. While I don’t smoke I believe others should be allowed to if they want - just not indoors of course.

It is note that while public advertising is verboten, trade advertising is not, and rightly so, no Government has the right to regulate the contents of private communications. Here is an anonymised recent communication from Cigar wholesaler.

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We have a Minister for Integration?

I thought I had a good idea of what Departments existed, and who their Ministers were. I just found the website of Office of the Minister for Integration. I rush to the about us page and read every word

The Office of the Minister for Integration (OMI) was set up in June 2007 following the appointment by the Government of a Minister of State with responsibility for the development of integration policy. The Minister of State (currently Mr John Curran T.D.) is Minister of State at three Departments: Justice, Equality and Law Reform, Education and Science and Community, Rural and Gaeltacht Affairs.

So the page contradicts itself. There is no such thing as a Minister for Integration, the correct title is Minister of State [for Integration].Phew I haven’t been asleep after all.

The page continues to say

Staff from the Department of Justice, Equality and Law Reform and staff from the Integration Unit of the Department of Education and Science are co-located with the Minister in offices in Mespil Road.

Yes I guessed that because, just like the Private Security Authority, the favicon.ico in the root of the domain is the corporate logo of the Department of Justice.

Returning to the first quotation who is Mr John Curran TD? His domain is johncurrantd.com (I assume that johncurran.com was taken, yes its parked, but surely the local ccTLD would be more appropriate for a politician, well yes he has johncurran.ie, someone should suggest a redirect)

So I visit johncurrantd.com and what do I see

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I have nothing against this TD, I just feel the need to highlight the errors, and rather then email a TD, something I will never do after all the local ones ignored my Driving Test waiting list complaints I’ll discuss it here. Maybe a media monitoring service will find this and bring it to the “Offices” attention.

Streamlining Government

In The World’s Fastest Indian (2005) Burt Munro (played by Anthony Hopkins) surpasses his moneyed professional rivals and streamlines an Indian ‘Scout’ motorcycle by adopting a K.I.S.S. attitude. Hopkins attitude was the result of old-man stubbornness combined with fiscal reality.

In Ireland today (2009) Fianna Fail are still in government, to continue to metaphor we might thus call them old men,  but they have yet to grasp the fiscal reality. In the Celtic Tiger era there was much spending, and suffice to say some bad decisions were made. I don’t know much about politics but I have just come across a document on the Fine Gael website, a document so impressive it could, by itself, convince one to vote for Fine Gael in the next election. A Gerry McGuire type document. It contains the most comprehensive publically available list of Irish QUANGOs to-date, and that fact alone makes it worth saving locally as a PDF. But its more then a reference text, it offers solutions, a roadmap for change.

Granted the details could be fleshed out, and any roadmap is merely a political statement of intentions but it is more then I have seen on the Fianna Fail website.

Fine Gael - Streamlining Government(March 2008)

The Office of Tobacco Control

Having been established after a report on tobacco - which we all agree is now a harmful subsyance - The “Office” received statutory status in May 2002, with the enactment of section 2 of the Public Health (Tobacco) Act, 2002.

Their website lists the functions as

1. To advise the Minister for Health and Children, and assist him in the implementation of policies and objectives of the Government, on the control and regulation of tobacco products generally
2. To consult with relevant national and international bodies on developments in tobacco control
3. To advise the Minister on any further actions that should be taken to reduce or eliminate smoking or its effects
4. Organise research and disseminate the results
5. Coordinate a national inspection programme in cooperation with the health boards
6. To advise the Minister as required on the manufacturing and marketing activities of the tobacco industry
7. To perform such other functions as the Minister may assign to the Office from time to time.

We can surmise from the copious mention of the word Advise and Minister above that the essential role of the Office is to, well, to Advise the Minister on all matters relating to tobacco.

But on their website there is one extra paragraph under the heading of functions, it is not even assigned a bullet point number, but it is the most significant function.

“In addition the Office of Tobacco Control will perform certain specific functions such as the maintenance of a register of retail premises

So if you own a retail premises that sells tobacco, whether is it a newsagent or bar you will have to register that fact with the Office of Tobacco Control.

Naturally there will be a form to be completed by the retailer and we can understand that, but speaking from experience I just know the obligations will be more.

Once again, this is an example of “The Government” wrapping more red tape around the small retailer. There will be a form to complete, and of course, a fee to be paid. Sure lets make it every year, and because he won’t want it lets ensure there is a totally inappropriate penalty for failure to comply, perhaps a prison sentence?

Bear in mind the retailer is already busy going about his daily business - ordering tobacco as required - and now he will be required to pay a fee for something he never asked and doesn’t want.

The Private Security Authority

It is amazing how many Authorities the Irish Government is producing, each one is created by an Act, and regulates some sector, and charges a fee in course.
Most recently the Private Security Authority has been in the news, it was established by the The Private Security Services Act, 2004.

The website of the Authority sounds nice, and in principle it is easy to agree with its agenda

It is the aim of the Authority to use the statutory regulation and enforcement powers provided to it to introduce positive, fundamental change in the industry. Our purpose is to instil customer and public confidence in this multi-stranded, multi-faceted business with the introduction, control and management of a comprehensive, standard driven, licensing system for all individuals and companies involved in the industry and to do so in a manner that is sensitive to the needs of the market.

However, when one examines the real-life impacts the picture stops looking rosy. A party providing named security services is obliged to obtain a licence from the authority. There is a fee to be paid. Licences are divided into two categories

  • Contractors
  • Employees

A contractor pays an “Administration fee” of EUR 1,000 and a sectorial fee calculutated on their turnover and sector. Now remember the Authority is not some voluntary trade organisaiton, that one can ignore if it’s membership fees are too high, it is mandatory for Security providers to obtain licences.

There are some formailties necessary to get a licence also

  • Valid Tax Clearance Certificate
  • A Certificate of Incorporation (for companies) dated not earlier than 4 weeks before the date of the application
  • A Certificate of the Business Name where the trade or business name is not that of the beneficial owner of the business
  • Completed Criminality Checking Authorisation Form
  • Evidence of attainment of the required sector standard (I.S.999:2004 for Security Guarding, Door Supervisor companies &
    EN:50131:1997 for Installers of Intruder Alarms)

Wow? Lets look at the first one again “Valid Tax Clearance Certificate”, this has nothing to do with the Authorities aims as quoted earlier “…instil customer and public confidence in this multi-stranded, multi-faceted business with the introduction, control and management of a comprehensive, standard driven, licensing system for all individuals and companies involved in the industry and to do so in a manner that is sensitive to the needs of the market.” instead it is acting as a servant of the Revenue Commissioners, and incidentally recording peoples PPS numbers, and wow the Authority also provides a useful webform for snitchers, sounds like something from Communist Russia, and in conclusion remember that when a licence is required for something it can always be recinded, or refused if the issuing authority takes a dislike to the licenceee, how many “Private Investigators” will be refused a new licence if they snoop around something unpopular with the government of the day?
Now I’m not involved in the Security industry and I don’t mind about this Authority in particular my concern is over the increasing regulations in Irish life, lets use the term “over-regulation”, it seems that once a parliament exists it must keep making legislation!
Continue reading ‘The Private Security Authority’


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