Today Ben Gilroy had a short little interview with EastCoast FM. They kick off the interview with a mention of Constitution Halts Sheriff. Following on from this mention they ask Ben why he is of the opinion that the money being paid back to the bondholders is unconstitutional.
Ben Gilroy stated that it is because the debt is classed as an odious debt, and that under United Nations law, countries are not required to pay odious debts following the fall of the regime that incurred them.
EastCoast FM interview with Ben Gilroy:
The presenter asserts that we agreed to the payments. Ben Gilroy states that this is definitely not the case. Following the fall of Fianna Fáil, Fine Gáel made promises of “not one more cent”. This would mean that payments to the bondholders directly flies in the face of the mandate the current government received from the Irish electorate when they took power.
The interview closes with a mention of one of People For Economic Justice’s earlier talks in Tinaheely.
Today we join Ben Gilroy outside the business Stitch ‘n’ Fix owned by Mr. Gerry Burns in Navan. After several requests for meetings and documents from Mr. Burns to the banks were apparently ignored, receivers turned up on the premises, changed the locks, and denied Mr. Burns access to his business. Luckily he decided to contact People For Economic Justice, and Ben Gilroy informed Gerry that the receiver worked as an agent, not only for the bank, but for he, Gerry, as well.
Under Irish law, a person cannot have an agent forced upon them. This is due to the fact that when someone is acting as an agent on half of a person, that person, not the agent, is responsible for everything that agent does. The receiver also has what is called an “equitable duty of care” for both parties. We’ll discuss the specific event after the video.
Ben Gilroy, Gerry Burns, Fergus Lowe and Ms Justice Mary Laffoy
So in this case the receiver refused to detail whether he had or had not seen the tri-party agreement between the bank and Mr. Burns. If the receiver has not seen such a thing, then he has absolutely no basis to act against the debtor, and perhaps more importantly, if the bank does not have this agreement, then Mr. Burns would owe the bank absolutely nothing.
Notice also how the Garda in the video states plainly “this matter appears civil”. This is a basis for many of Ben Gilroy’s meetings with An Garda Siochana. As Gerry (or indeed any debtor) has broken no laws, the Gardai have absolutely no reason to even be present. In this specific case however, Ben Gilroy had shown that the receiver was in fact trespassing. As is almost a theme across the various People For Economic Justice videos, the only laws being broken are done on the part of the bank.
Perhaps the most important point raised in this video is the issue of signed orders. The receiver turned up with a court order, which granted him the power to receive the business. This order was not signed by the judge who issued it, but was in fact signed by the registrar, in black ink. If a court order is not signed in blue ink, but the judge that issued it, it is totally invalid, and grants no power what so ever. On top of this, if the receiver does not have a copy of the mortgage deed, and a copy of the tri-party agreement, then he has not acted on his duty of care, and is illegally trespassing in your business. Do not let them take your business without these three things.
As for the actions of the judge, Ms Justice Mary Laffoy, while in the commercial court itself, we will leave any conclusions on that matter to you the reader.
The first and most important thing to learn about, when learning ones rights and responsibilities as an Irish Citizen, is to familiarize yourself with the most important document in Ireland’s history: Bunreacht Na hÉireann (The Constitution Of Ireland). A study of the Irish Constitution can be found below, and a brief history of the Irish Constitution follows.
It is from this document that every single right and responsibility you have as an Irish Citizen stems. No law can be passed in The Republic of Ireland that conflicts with this document, and no changes can be made to it without a Referendum.
In a plebiscite held on 1 July 1937 the people enacted a new Irish Constitution, Bunreacht na hÉireann, to replace the 1922 Constitution of the Irish Free State.
Even though the 1922 Irish Constitution had been approved by Dáil Éireann, there continued to exist throughout the country a substantial body of opposition to it owing to its being circumscribed by the terms of the Treaty, its recognition of the British monarch as part of the national legislature and its requirement that members of the Oireachtas swear an oath of faithfulness to that monarch.
Much of the case for a new Constitution was the need to make perfectly clear that the source of authority in Ireland and of the fundamental law of the state is the people of Ireland. Hence the Preamble to Bunreacht na hÉireann says: ‘We, the people of Éire,…do hereby adopt, enact, and give to ourselves this Constitution’. There was a desire to give the state all the characteristics of a republic (and so all references to the British monarch were removed).
There also seemed to be a desire to strengthen or entrench the rights of the citizen as against the state. It had been possible to amend the Constitution of the Irish Free State by a simple Act of the Oireachtas without recourse to the people in a referendum.
The proposal to adopt Bunreacht na hÉireann was carried by 685,105 votes in favour to 526,945 votes against, a majority of 158,160.