Email to Oireachtas Members (Parliamentarians) dated February 15th 2005

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Date: Tue, 15 Feb 2005 16:17:26 +0000 (GMT)
From: "William Finnerty" <>
Subject: "The alarm bells should ring loudly when government leaders ..."
To:,,,,,, "Minister Dick Roche TD (Environment & Local Government)" <>,,,, "Senator Ulick Burke" <>,,,,,,, "Joe Callanan TD" <>,, " John Gormley" <>,,,,,,,,,,,,, "Eamon Ryan TD" <>,,,,,,,,,,, "Minister Eamon O' Cuiv" <>
CC: "Republic of Ireland Director of Public Prosecutions (Mr. James Hamilton)" <>

Dear Oireachtas Members,

I would be very grateful for any help that any of you might be able to let me have regarding the set of closely related problems I have set out below in my e-mail to Ms Henderson.

Yours sincerely,

William Finnerty.


  " ... the alarm bells should ring loudly when government leaders dismiss or profess ignorance of the concept." 


"Power thus divided should prevent absolutism (as in monarchies or dictatorships where all branches are concentrated in a single authority) or CORRUPTION arising from the opportunities that unchecked power offers."

"Each branch's independence helps keep the others from exceeding their power, thus ensuring the rule of law and protecting individual rights."

Above quotes taken from:

Sample "Separation of Powers" problem (from Republic of Ireland) mentioned in e-mail below to Ms Rosemary Henderson.

Copy of e-mail below showing Internet message identification and tracking information can be viewed

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--- Original message ---

From: William Finnerty <>
To: "Rosemary Henderson \(Complaints Manager, Northern Ireland Western Health & Social Services Board\)"<>
Cc: "Anne Scott \(Northern Ireland Ombudsman's Office\)" <>, "Mr Hugh Mills \(Chief Executive\) Sperrin Lakeland Health & Social Services Trust" <>, "Gearoid Geraghty \(Lawyer, Fair Murtagh, Ballinasloe\)", "Ciara Macklin \(Lawyer, Fair-Murtagh\)" <>, "Martin Egan \(Principal Lawyer, Fair-Murtagh Law Firm\)" <>, "Law Society \(Republic of Ireland\)" <>, "Garda Commissioner Noel Conroy \(Chief Commissioner of Police, Republic of Ireland\)" <>, "Assistant Police Commissioner \(Galway area\)" <>, "Minister for Justice \(Michael McDowell TD\)" <>, Deputy Prime Minister Mary Harney <>, Prime Minister Bertie Ahern <>,,,,, "Margot Wallstrom \(Vice President of EU Commission\)" <>, "Stavros Dimas \(EU Commissioner for Environment & Social Affairs\)" <>, "Jose Manuel Barroso \(President of EU Commission\)" <>,,,,, Deputy Ciaran Cuffe TD <>, Marian Harkin TD & MEP <>,,, Senator Jim Higgins MEP <>, "Vercingetorix \(Ireland\)" <>, "Ollamh Fodhla \(Turoe/Tara & Ulster\)" <>, "Kofi Annan \(Secretary-General of the United Nations\)" <>, "David Dimbleby \(Broadcaster\)" <>,,,,,,,, "Marian Finucane \(RTE\)" <>, "Dr John Kirby \(Bishop of Clonfert\)" <>, "Most Reverend Dr. Robert Eames \(Archbishop of Armagh, Primate of All Ireland\)" <>, "Roman Catholic Primate of All-Ireland, Arch-Bishop Dr. Sean Brady" <>, "Guardian of the Constitution \(President Mary McAleese\)" <>, Sir Anthony O'Reilly <>, Prime Minister Tony Blair <>, "President George W. Bush" <>
Subject: Summary of issues (relating to Independent Review request). Your reference: ABgen:04/rh. Northern Ireland Ombudsman's reference: P136/04, H28/04.
Date: Mon, 7 Feb 2005 13:42:52 +0000 (GMT)

Dear Ms Henderson,

Thank you for your e-mail dated February 3rd 2005.

With reference to your request for a summary of the issues which I remain unhappy with, please note that they are as follows:

ISSUE 1): I remain unhappy with the way I was treated by consultant psychiatrist Dr Foster the last time I saw him (on Monday December 13th 2004).

I note from your e-mail that you have now received the printed and signed copy of my e-mail dated February 1st 2005.  Please note the difficulties referred to above which I experienced with Dr Foster are outlined in
SECTION 3 of that letter. (Some recipients of this e-mail may wish to know that the full text of the February 1st 2005 e-mail can be viewed at the following Internet page location: ) 

ISSUE 2): I remain unhappy regarding the way Social Services have not provided me with any help (or guidance) at all so far regarding the MASSIVE legal problem which forced me to flee my home in the Republic of Ireland on December 7th 2004.

Basically, the two main components of the massive legal (and social) problem I refer to above can be identified as follows:

a) Public servants acting on behalf of the People of the Republic of Ireland are systematically violating the fundamental law of the State (i.e. the written Constitution of the Republic of Ireland) through the abuse of power and/or through the neglect/dereliction of their duties;



b) The legal profession (overall) in the Republic of Ireland is corruptly protecting the public servants who are systematically breaking the law, so that this particular category of law-breaker cannot be taken before the courts of justice in the Republic of Ireland.  In other words, the legal system in the Republic of Ireland is treating the self-indulgent and/or ignorant/arrogant individuals who are violating the Republic of Ireland Constitution as though they are ABOVE the law.


Article 40.1 of the Republic of Ireland Constitution very clearly states: "All citizens shall, as human persons, be held equal before the law".


Feeling deeply angry, dismayed, and distressed, I fled the Republic of Ireland on December 7th last in search of medical help in a different jurisdiction - where the Republic of Ireland police would have no powers to arrest me.  I was in danger of imminent arrest by the Republic of Ireland police, and imprisonment possibly, in connection with a "crime" which has been invented. This was the second time since October 2002 that I have been forced to flee my home in the Republic of Ireland in connection with this same make-believe "crime", in order for me to avoid the risk of being corruptly criminalised. 


At present, and entirely against my wishes, please note that I am (in effect) being forced to stay away from my own home, and from the Republic of Ireland.  Consequently, a huge and growing source of concern, resentment, and anxiety for me just now is that I frequently find myself wondering how long the legal profession is going to allow my present situation to go on for?  It appears to me they are at present contriving to deliberately leave everything up-in-the-air as far as my legal issues are concerned - so that I am left stranded indefinitely in a jurisdiction that is different to the one my home is located in.


Under the tripartite separation of powers principle embedded in the written Constitution of the Republic of Ireland, all members of the legal profession there have a very definite obligation to prevent the other two main organs of government (executive and legislative) from abusing their powers and/or neglecting their duty. At the present time, the legal profession in the Republic of Ireland is failing miserably, and dangerously, in this regard.  In so doing they are allowing the tyrannous and arrogant bullying of the kind that I, and many other law-abiding citizens like me are being subjected to, to thrive. Tyranny is of course precisely the social-ill the tripartite separation of powers principle was designed to prevent.


As I stated in response to a question from Dr Kelly at the meeting with consultant psychiatrist Dr Foster on December 9th 2004, I have been struggling with the legal problems referred to above since 1998; and, I am growing more and more desperate for help to bring my involvement in this long drawn out conflict to a just end.  Please note that I have already approached dozens of lawyers in the Republic of Ireland, and in the UK, for help with the problem of law breaking by public servants in the Republic of Ireland.  I now believe it would be futile, and indeed counter-productive in terms of my mental health, for me to carry on with this search any longer by myself.  As I tried to point out (several times and without success) to the Social Services officer (Ms Christine Freeburn) based in Omagh Hospital just before I got thrown out, I now need EXTRA help please with regard to the crucially important matter of I finding a lawyer who will act on my behalf, and in my best interests.  This matter is now growing very urgent for me, please note - as is my need to be able to return safely to my home in the Republic of Ireland as soon as possible, and without fear of wrongful arrest or imprisonment.


It would be very much appreciated if you and your colleagues - and all other recipients of this email - could please take careful note of the fact that, as I have pointed out to Mr Geraghty (lawyer), I already know - BEYOND  ALL  DOUBT  - that the State (i.e. the Republic of Ireland) is a juristic person which can be sued for the wrongful acts of public servants acting on its behalf.  I have mentioned this in PARAGRAPH 4 of the text of my e-mail to him at:


Please also note that I have asked Mr Geraghty to start legal proceedings on my behalf for the purpose of suing the State in connection with the wrongful acts of public servants that I am being subjected to, and/or a victim of.  The request I refer to can be seen in PARAGRAPH 1 of the letter I sent to him by registered post on December 21st 2004.  According to the Royal Mail Internet tracking service this letter was successfully delivered several weeks ago to the Fair-Murtagh office in Ballinasloe, County Galway. The full text of my December 21st 2004 letter to Mr Geraghty can be seen at:


Very regrettably from my viewpoint, and despite a number of reminders, I have not received any reply to my letter of December 21st 2004 from Mr Geraghty (or from any of his several lawyer colleagues) at Fair-Murtagh.  Neither have I received any reply to my e-mail dated November 29th 2004 to Mr Geraghty even though a printed and signed copy of it was also sent through the registered post (on November 30th 2004): which the Post Office tracking system indicates was successfully delivered months ago. This total failure by Fair-Murtagh to reply to my letters leaves me feeling that I am being treated by the legal profession in the Republic of Ireland as though I am BENEATH the law - in spite of the fact that I am a full citizen of the Republic of Ireland, and in spite of Article 40.1 of its written Constitution (which is sometimes referred to as "Bunreacht na hEireann").


Should you require any further information from me in connection with my request for an Independent Review of my case, please let me know. 

Finally, and in case it might not be obvious to some, I would like to take this opportunity to thank the several people in Omagh who helped me to get the excellent medical help which I was provided with on December 7th 2004.  My complaint does not relate to anything that happened on that day, and there is no doubt whatsoever in my mind that I will always remain extremely grateful to all of the people involved.

Yours sincerely,

William Finnerty.

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Final part of "The Preamble" (Constitution of Republic of Ireland):

"And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,

Do hereby adapt, enact, and give to ourselves this Constitution."

===   ===   ===


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People  V  Public Servants:

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 Separation of Powers Doctrine:


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The Århus Convention Agreement
 (3 Main Points)

The Århus Convention establishes a number of rights of the public (citizens and their associations) with regard to the environment. Public authorities (at national, regional or local level) are to contribute to allowing these rights to become effective. The Convention provides for:

  1. The right of everyone to receive environmental information that is held by public authorities (“access to environmental information”). This can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. Citizens are entitled to obtain this information within one month of the request and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate environmental information in their possession;

  2. The right to participate from an early stage in environmental decision-making. Arrangements are to be made by public authorities to enable citizens and environmental organisations to comment on, for example, proposals for projects affecting the environment, or plans and programmes relating to the environment, these comments to be taken into due account in decision-making, and information to be provided on the final decisions and the reasons for it (“public participation in environmental decision-making”);

  3. The right to challenge, in a court of law, public decisions that have been made without respecting the two aforementioned rights or environmental law in general (“access to justice”).

Above text taken from:


National Development Plan

"The NDP is the largest and most ambitious investment plan ever drawn up for Ireland. It involves an investment of over  EUR 52 billion  of Public, Private and EU funds (in 1999 prices) over the period 2000-2006. The Plan involves significant investment in health services, social housing, education, roads, public transport, rural development, industry, water and waste services, childcare and local development."

The above quote was taken from on October 23rd 2004.



Bunreacht na hEireann:
(Constitution of the Republic of Ireland)

Draft Treaty establishing a Constitution for Europe:

Text of EU Constitution Draft Treaty:

Text of Environment Section of EU Constitution Draft Treaty:



Checking and correcting unconstitutional legislation (Republic of Ireland):

Legislation and the role of the President of the Republic of Ireland:

Irish Legislation (BAILII):

 Irish Legal Information Initiative (IRLII):


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