Tuesday, December 29, 2009

Plus ça change; the next decade at DCU

It may seem to some readers of this blog – and, largely thanks to Tom Mallon, there are now many thereof – that I blame everything at DCU on Prondzynski. On the contrary; he was merely the willing executioner of a policy that anteceded his “tenure” by upwards of a decade. The fraudulent “agreement” with SIPTU (who never agreed it in a closed-shop situation) that did away with tenure, academic freedom and the right to work from home was issued in 1995, fully 5 years before P's arrival. I am giving nothing away if I say that the Supreme court will shortly be made aware of its bogus nature in its request for submissions in the Cahill case.

Essentially, therefore, all employment contracts signed at DCU after 1995 are at best of dubious validity. P. has been formally made aware of this. The 1997 universities act that interacted with 1995's specious document falsely to allow “tenure” to be reduced to 3 months shows O'Hare's dark hand, not that of P., who was at the time safely ensconced in Hull's fifth-rate university. The disciplinary statute that has caused all this rancour, and cost the country a small fortune in legal fees as well as a much larger one in lost productivity and breach of trust, was first drawn up (and approved by Mallon, who lied about this at the EAT) before p's arrival.


The burning question is whether we can expect any better from the new head of DCU, Brian Mac Craith. The portents are not good. The selection and interview process was headed by Chancellor David Byrne, a Fianna Fail operative with a chequered history. Byrne was outed in Coleman and Clifford's recent book (Bertie Ahern and the Drumcondra Mafia
by Michael Clifford, Shane Coleman - Hodder General Publishing Division (2009) - Paperback - 384 pages ) as the barrister used by Ahern to attest to the “meeting” at which the fund-raising for the purchase of the house that became Ahern HQ (St. Luke's) allegedly took place. Despite Byrne's assertions to the contrary, neither Coleman nor Clifford believe that this meeting ever took place. See also


Byrne at the Mahon Tribunal




Byrne is an ex-Attorney general, which makes Paul Cahill's achievement in defeating DCU truly momentous. Now that DCU is palpably operating illegally, the 1997 act requires nomination of a High court Judge as Visitor to rectify the situation. Thus the appointment of Byrne and his predecessor, the late Judge Mella Carroll; why else choose legal personnel, versus the dozens of able academic and business people with out this stain of their record who could have handled the job so much better?

Finally, let us make it clear; disciplinary statute no. 3 at DCU is flagrantly illegal, as confirmed by Ireland's supreme court. Moreover, SIPTU confirmed at the 2009 EAT that they was never consulted about it, as the 1997 act requires. The Irish state has not hesitated to encourage a vicious and wholly illegal attack by DCU on Paul, myself, our loved ones, and many others. When will it start attempting to rectify the situation, and correctly apportion blame where necessary?


Seán Ó Nualláin Ph.D 29u Nollag 09

Other blog;

The truth hurts

Friday, December 18, 2009

Gogarty's sell-out of college students and staff

Just as he claims to be “25% gay”, there is every chance that Paul Gogarty, chair of the Oireachtas education committee, is one-quarter sane at most. There exists also the possibility that he is corrupt and criminal, and was given his exalted post precisely because he had detailed knowledge of state malfeasance at DCU and was willing to bury this knowledge. The effects on mine and my partner's life has become somewhat of an Irish media story; it is likely that Gogarty's sell-out has adversely affected thousands of others.

It is seven years to the day since 4 members of the “Greens'” parliamentary party showed detailed knowledge of criminality and abuse at DCU:


That was then



Further questions asked by Gogarty can be found on links from this post;



This is now



In short, mad Paul has known about all the problems at DCU for close to a decade and could have saved the taxpayer millions, had he on entering government in 2007 immediately called for appointment of a visitor to DCU as the legislation requires. Instead, he and his cronies joined the other side.

So now here is a heartfelt apology to the Irish people; I volunteered my time and energy to the “greens” from 1997 to 2003, and they still have my name on their website as science + tech convenor, despite my repeated requests for its removal. Not just that, but Gormley used to insist on my partner Melanie canvassing with him. With great shame, I must admit that I encouraged her to do so; she is a brilliant political campaigner, and last used her skills to greater good in the successful Jim Webb 2006 Senate campaign. Gormely is in my view a sociopath; the fact that he has done nothing to alleviate our newly impecunious situation speaks volumes.

I note that this blog comes with a health warning in Ireland for risque content; as soon as DCU's contracts are finalized, it will have served its purpose. I am going to start a new one at

The truth hurts


Seán Ó Nualláin Ph.D 18u Nollag 09

Wednesday, December 16, 2009

Victory!

First of all, some housekeeping; I have just written to john Walshe of the Indo (who never checked with me) as follows;

_______________________________________________________________________________
John

"The second case hit the headlines when an academic was forced to apologise for asking the president to state whether or not his father was a Nazi."

This is incorrect. We still have no idea what his father did during WW2, and up to 1951 and VP's stories about it are inconsistent.

The only apology I volunteered - not under compulsion - was about the sometimes excessive language on the blog. There was NO reference to VP in the apology. Check the blog, and my blog exchange on the record with VP.

Please rectify this matter immediately

Sean

__________________________________________________________________________________

For example, at the EAT, VP gave sworn evidence that his father was involved in the July 20, 1944 plot against Hitler. We got a full list of conspirators and found that not to be the case. Should VP substantiate the claim that his father was "arrested" for this, I will not just apologise - I will resign, with immediate effect, from DCU, and will not seek ANY compensation.

His father's politics would not be such an issue had VP not shown such contempt for negotiation, the rule of law, and the various civil society bodies that in Ireland mediate the power of the state and the individual citizen. Dropping letters containing a Kafka like summons to an illegal meeting late at night into someone's private home is not too far, physically or legally, from beating down the door.

I have also instructed my lawyer to open libel proceedings against the Daily Mail. we have just compelled the Sunday independent to remove material from its website, and more will follow

Finally, my language apology is simply for the "Father Ted golden cleric award" post in which I had hoped that readers would realize the joke was on me, the writer. In that episode, Ted destroys his golden moment by compiling a list of thieves, liars etc and watched his audience disappear in disgust. While it would be easy to prove in a US court that DCU management are criminals, "useful idiot" is a harder category. Non-one has sued me, or complained.




Housekeeping over, this is the situation;

1. Tenure has been asserted at the high court level
2. The procedures used by DCU in the disciplinary statute have been found illegal at the supreme court level
3. The 1985 procedures apply to all staff at DCU, and will continue to so apply for those tenured before 1997 even after the statute is finally honed
4. The contracts issued after 1995 are in any case invalid, and legislation may be required to rectify them
5, The closed shop is gone at DCU, which is a relief




Seán Ó Nualláin Ph.D 12/16/09

Monday, November 30, 2009

Magdalenism in the Irish Universities

The Murphy report on sexual abuse of children by the “religious” in Dublin diocese has disgraced Ireland internationally yet again. It is increasingly clear that the Roman Catholic Church was allowed act outside the law for decades in Ireland; the toll in ruined lives is painfully clear. Yet this pattern is being repeated in the universities , as we shall see.

Let's first look at the variety of roles that a public university is asked to play in society in exchange for its generous taxpayer funding;

1.It is asked to assist in the intellectual and moral formation of young adults. To wit, it is asked to provide them with a safe environment in which they can begin to engage with societal forces as adults.
2.Specifically, it is asked to provide professional training if the young adult has already decided on a career route; to provide a rich array of thinking skills if not
3.The scholars who constitute the university faculty are given the protection of academic tenure to comment on pressing societal issues, both within and outside their universities
4. In return, they are asked responsibly to mentor young men and women, and maintain a high level of intellectual and other culture
5.The university is asked also to provide a neutral, open venue in which great issues of the day can be debated
6.More recently, it has been asked to spearhead R+D
7.Within the past few decades, it has been asked to act as mainstay for the economy

What we have seen at DCU is (7) at the expense of all the other roles. Let us be clear; an immediate effective privatization of DCU would be a short-term bonanza. Much of the land could be sold off, and academic courses sponsored by corporations. In the same way, it would be a medium and long term disaster, as – to take one example -the antiquated programming methods used for Vista are exposed as vastly inferior to rigorous formation, and the graduates effectively end up semiskilled, at best.


What has been truly disturbing, however, is the ruthlessness and criminality with which this “vision” is being implemented. After the first credible reports of bribery and bullying of students were raised in the Dail, the Minister said that universities' behaviour was ultra vires his office;


http://universitywatchdog.wordpress.com/2009/03/20/the-greens-and-opportunistic-hypocrisy



While undoubtedly incorrect as an interpretation of the 1997 act, in that “academic freedom” is interpreted as freedom of the university authorities to abuse the people they are temporarily given custodianship of, the echo of Dublin diocese and the Magdalene laundries is loud indeed.





Seán Ó Nualláin Ph.D 11/30/09

PS Who did the deal that passed the bill for clerical abuses from the RC church onto the taxpayer? Arthur Cox, of course. This is a warning to them; given the assault on women that we have seen from the likes of Martin Conry in the past, any repeat of their theatrical excesses of the past few sittings will end badly for them. In particular, my partner has had to give up work in order to give evidence to refute the lies of DCU management in the last sitting. She is recently bereaved;



Mel's mom


John O'Dwyer of Arthur Cox – my most assiduous readers – you have been warned.

Saturday, November 28, 2009

VP envy

(with apologies to Mel Brooks)

The EAT on my case, with consequences for everyone tenured before June 16, 1997, is set to convene again on Dec 7th 2009. DCU management know full well that their case is lost, leaving them the usual resort of wasting more taxpayers' money to appeal, and dragging things out even more. Yet the losses have meant that many decent, bright, and diligent people have now been spared this abuse of our employment law since 2002. Please forgive me for being proud about this; the rest of staff - those employed post 1997 - owe a huge debt of gratitude to Paul Cahill. SIPTU now needs to intervene firmly to regularize their contracts. I believe it possible that the Supreme Court will not rule until the new president is announced.

This will mean that DCU management have now lost in the Labour Court (twice), High Court (twice), EAT (twice), and equality commission within 7 years. Apparently, their leader claims an honorific and military ancestors. It took me some time to find a suitably qualified military ancestor(though, for American readers, the 49er's lamentable Mike Nolan makes the point perfectly);


Dumb, with an accent




Lewis Nolan led the charge of the light brigade, and was son of a consul to Milan to boot. This surely allows me to sport whatever the Gaelic equivalent of “Von” is? Alternatively, surely the better path to follow would have been that of my colleague on many programme committees Walter v. Hahn, who believes that the use of these honorifics is mediaeval, and utterly inappropriate for a 21st century republic?

Seán Ó Nualláin Ph.D 11/28/09

Tuesday, November 24, 2009

Arthur Cox: Ireland's mafia law firm?

There are varying fundamental notions about the role of law in society. For some, the rule of law is to be a positive force, aiding human potential. Others take a purely instrumental approach, in which the law is used as a tool to achieve often dubious ends. It is surely not unfair to say that a university management which would use millions of taxpayers' money to go after individuals is in the latter camp. The resources they control allow amorality. The next move in Ireland has historically been to cover the crude fiat of use of taxpayers' money to get a judgement with the sheen of the “rule of law”, whereby it would be seen as following the natural order of things to deny all basic employment rights, as distinct from being the result of a vicious and fraudulent 15-year campaign – as we shall see.

The end toward which the law is being used as an instrument in DCU is one in which globalized corporatism gets a slave university. Let us be clear; law as instrument in Nazi Germany led to genocide, and German judges post 1945 were NOT given allowed argue that "they were only following the law/obeying orders", and were imprisoned. In DCU, tenure, and basic rights for students, are both to be excised. Negotiation with staff union is to be extirpated; instead “the law” is to be used (The fact that Ireland is now being threatened with complete shutdown by strikes like today's indicate how truly bonkers this idea is; not even this government attempted to get a court injunction against today's strike).

In 1995, DCU management promulgated a fraudulent comprehensive “agreement” with its closed-shop union, SIPTU. This document excised academic freedom, the right to choose one's place of work, and tenure defined in the classical Irish way as a job until 65. These new provisions were never agreed with the union; neither of course was the later restriction of tenure to 3 months' notice. The signatures on the document were copied from the 1985 agreement; 3 of the 4 were out of office in 1995. This is out-and-out fraud, and renders contracts after 1995 at least moot, and probably invalid.

Who is to blame? DCU management, certainly; both O'Hare and Conry need to be called to task on this. Yet the abominations of the past decade could not have come into existence without the help of DCU's lawyers, Arthur Cox.

It is important that readers outside Ireland realize that, after a brief flirtation with “republican courts” - which were recognised by the great majority of the nascent citizenry – the new Irish state's legal system devolved into a pastiche of the bewigged farce of Victorian Britain. (Thomas Mallon, the thug used inter alia at the EAT and supreme court, looks and acts like a grotesquely obese Leo “Rumpole” McKern sans his intelligence and sense of humour).

Here in the US, there are legal infractions like malicious prosecution of a case;



Imagine how the Joshua Howarth case would have been treated



In Ireland, complaint calls to the Law society are treated with thinly-veiled contempt Given that, in a clear conflict of interest, Cox are allowed represent both NAMA and the bank of Ireland, there is little chance of our being able to get justice for their infractions.

For infractions there certainly were. At some point, someone will have to take responsibility for the waste of money, trust, and staff goodwill. A law firm has an obligation to advise its clients about the law; a mafia law firm tells its clients how to break the law, and get away with it.

I once had occasion to ask Cox for advice; the case has since been won in Britain, and is about to be heard in the US. They pulled out as soon as it became clear that they would have to confront the deeply criminal IMRO;



A US solution to an Irish problem

They suggested that I talk to the Irish cops, and temporarily get some critical documents from them, while they (our heroes of Cox) waited in the car park to see the documents. It was clear that they had done this before, despite the immediate sense that it came from the many bad gangster movies they no doubt have seen. They also noted that they were “hated” by the corporate enforcement authorities in Ireland, and so would not be appropriate to pass on the many infractions of Irish company law that now form part of a US federal case.

Arthur cox, in my experience, is purely and simply a mafia law firm. The first thing the new president of DCU needs to do in order to restore civility and trust is get rid of them.

Seán Ó Nualláin Ph.D 11/24/09

Wednesday, November 18, 2009

The Nazi connection

What has happened in DCU will soon seem impossible, particularly as the search for a new boss there seems oriented toward a safe pair of hands - as distinct from a maverick who did not even figure in the top 2 in the initial round of interviews. Like the WWII concentration camp inmates, it is critical that we document as much of it as possible.

Surely a background check should have been done on this individual's family background before he was allowed play with the lives of thousands of Irish citizens?

The fact is that we have had a President who, by his own admission, does not believe in negotiation in industrial relations, preferring the law as instrument (see next week's entry on Arthur Cox);

http://en.wikipedia.org/wiki/Ferdinand_von_Prondzynski


This is called a more "moderate" approach; the rest of us find it extreme, with the reductio ad absurdum being the attempt summarily to dismiss senior academics. Elsewhere, he has at least been honest about his approach; the universities should effectively be privatized and mass immigration should continue. Moreover, one can (unlike Schwarzneggar) unapologetically speak of a forebear who fought for Hitler, another who worked in Hitler's Ministry for Labour, and the Irish do not have any racial Celtic origin (as if such could exist)



Following are some more interesting web sources;


http://scout.wisc.edu/Projects/PastProjects/net-news/98-10/98-10-19/0015.html

(search on dyc to get} “NEW YORK (Reuters) - Philipp Holzmann AG, one of Germany's biggest
construction firms, has been sued for profiting from the work of
Nazi-era slave laborers and said Monday it would be willing to
discuss a possible settlement. Holzmann was among a group of German
and Austrian firms named in two separate suits filed after business
hours Friday in Brooklyn federal court. Plaintiffs' lawyers
representing Holocaust victims had announced plans to file the suits
during a news conference last Thursday. Other German building
companies sued along with Holzmann were Dyckerhoff AG and Leonhard
Moll AG. '

http://www.jewishvirtuallibrary.org/jsource/Holocaust/germanco1.html





http://books.google.com/books?id=EpAOAAAAQAAJ&pg=PA144&lpg=PA144&dq=dyckerhoff+nazi&source=bl&ots=9XVzw3aU0G&sig=tBqkgOeK8xzZMCtdX6btqvTb70A&hl=en&ei=-MYES4_JK4S2sgPgzKHKCg&sa=X&oi=book_result&ct=result&resnum=4&ved=0CBQQ6AEwAw#v=onepage&q=&f=false

http://www.jstor.org/pss/1881766


http://74.125.155.132/search?q=cache:9Kxzy6q709cJ:www.industrialnistopy.cz/UserFiles/File/excursions_en.pdf+Dyckerhoff+AG+nazi&cd=9&hl=en&ct=clnk&gl=us&client=firefox-a




und so weiter – Seán Ó Nualláin Ph.D 11/18/09