Ben Gilroy is Interviewed by national radio station, Newstalk. The interview opens with comments by Social Protection Minister Joan Burton that the government was of the opinion that eviction was something that “simply shouldn’t happen. She also stated that the key to this is engagement by the banks in renegotiation’s of commitments, in light of a debtors inability to pay due to the enforced economic downturn. This simply doesn’t happen in many cases, as Ben Gilroy highlights time and time again.
Newstalk Interview With Ben Gilroy:
When asked by the presenter if there were any protections in place to protect people who might find themselves in the situation of a Sheriff coming to repossess their family home, Ben Gilroy immediately states that the first line of defense for these people is right here at People For Economic Justice. He gives a short detail of the rights people have protected under the constitution.
One major point Ben Gilroy puts forward in this interview is that in actuality, the Government did in fact put finances in place for the banks to use to cushion the blow for mortgage holders who find themselves unable to pay. This money was simply swallowed up by the banks and not passed on as was intended. The interviewed asserts to Ben Gilroy that the law states that the bank have the right to come and take your home from you if you do not pay. Ben informs him that this is in fact not the case, as no law states this. In the proper circumstance there would need to be a contract in place that states this, but in most cases this is not the case.
Let us reiterate at this point, that the constitution prevent’s eviction of a person from their dwelling, when it says “The Dwelling Of Every Citizen Is Inviolable And Shall Not Be Forcibly Entered Save In Accordance With Law”. The presenter states that the Sheriff has the law on their side as they are in possession of a court order whenever they turn up. As Ben Gilroy replies: “The constitution trumps a court order”. The presenter asserts that “the court operates under the constitution”. Ben agrees.
One last note is the presenters comment “That issues like this cannot be solved over night”. As Ben says, “of course it can, you have to remember, the banks problems got solved over night”.
This week Ben outlines what happened following the viral events of Constitution Halts Sheriff. Ben was informed later on in the week that the Sheriff had returned at an undisclosed time, again with several members of An Garda Siochana in tow. They proceeded to kick down the door, ejected the family from their home, and took possession of the house. While one can see why the so-called Sheriff found this option a lot more manageable than proving why his role is not totally unlawful under the Constitution of Ireland, it does highlight further acts of gross misconduct on the part of both this man, and the Gardai that were with him at the time.
Given that this was an entirely Civil matter, An Garda Siochana had no business what so ever in being there, let alone kicking in the door. As we know, a citizen’s house is totally inviolable save as to law. As this man has broken no law, An Garda Siochana had no right to enter his property without his express permission.
As Ben mentions in this video, there is currently a constitutional challenge against these measures in courts. This is due to the fact that the registrar who writes orders to repossess homes in the circuit courts of Ireland, are almost always in fact the Sheriff who will execute this order. This is totally unlawful, as it allows the registrar to directly profit from the orders he or she writes. This is in a nutshell a lack of separation of powers.
Let me close this article by re-mentioning the feature-length documentary, spoke about at the close of the movie. Please assist in any way you can in getting this information to the people. A donate button can be found on the right hand side of every page of this websites, and every donation, no matter how big or how small gets us one step closer.
Ben Gilroy’s halting of a Sheriff using only the Constitution of Ireland has become a viral video over night. With reported viewings as far a field as Irishtown in New York, USA.
In this video the Sheriff is greeted at the gate of this dwelling by a crowd of people with the best interests of the family in mind. Ben immediately asked the Gardai were they there under their oath. This was to immediately remove any doubt that they Gardai were there on that day performing for a private entity, and not performing the job the Irish taxpayer pays them for, protecting the peace. It is readily apparent in the video that the Gardai in question does not understand the question, having made his oath under the constitution of Ireland, upon taking on the role. More after the video.
Sheriff Halted By Constitution
Another important point about this video, that may not be readily apparent, is that the man Ben is talking to, seems to be perfectly aware of the unlawfulness of his role. He immediately attempts to claim that he is in fact the Sheriff. This seems to be done in an attempt to hide the fraudulent nature of the transaction as described by Ben, where in the county registrar is also the Sheriff. In effect, this allows the man in question to order the eviction of a family from their home, and then directly profit from that eviction. This, as Ben happily points out to the so-called Sheriff, is totally unlawful as it breaks laws regarding separation of power.
On a more light-hearted note. Note how when Ben is questioning the so-called Sheriff on his role, and continually mentions the Constitution, the so-called Sheriff exclaims “I’m nothing to do with the Constitution”. The Gardai immediately look as though they would rather be anywhere else in the world but at that gate. As Ben says himself, the man arrived a bit late to execute the order, as his jurisdictional ended in 1922. His GPS must have led him to the wrong Island!