Divide and Conquer
There is no provision within Irish law that enables "class action" lawsuits. This is a legal avenue in which two or more persons unite to take a common defendant to court because the facts and complaints are similar. Our legal landscape is founded in British Common Law but this little gem was not included in the Irish scenary. Why is that? Edward McGarr poses this very question in one of his posts. The answer? Well maybe it was an oversite, or maybe it was deemed unneccessary at the time, or maybe it was something else?
Whatever was in the minds of the men who drafted our constitution concerning this issue we’ll never know; but, neglecting to adopt this ability for citizens to band together to challenge possible legislative atrocities has had recent repercussions.
There could be as many as 150 families, possible plaintiff’s, that have a personal interest in the case of the O’Cuananchain’s versus the Department of Education and Mary Hannafin. Cian and Yvonne had to go it alone against the State in a test case instead of a class action. This was not a frivolous action, it was not about money, it was a human rights issue, it was about getting special education for an autistic child. The court costs in this case could have provided each of the 100 plus children concerned with one year of the special attention they need.
In the area of family rights there is also a need for renewed legislation as the traditional views of "family" are changing. The definition of the family, of marriage, and of cohabiting partners is undergoing a momentous re-evaluation. Equally at issue here is not only the vague, and possibly outdated, view represented in the Constitution of what makes up the family unit; but, the losses to the government purse when the transfer of property occurs under the provisions of the Capital Acquisitions Tax. Surely the government would prefer to beat down one claim at a time instead of facing hundreds, if not thousands, of coordinated litigants.
The rights of the family are also a great concern in the outlook we take on Immigration, and any changes will impact heavily on families living in Ireland today. One case in point is Latif Yahia. Latif is an Iraqi native, author, husband and father, and married to an Irish woman, who make their home in Dublin. For years he has been fighting to stay in Ireland, his latest book The Black Hole, is supposedly banned here and in America, and he has letters of advocacy from none other than Bertie Ahern displayed on his blog. It seems Bertie had better luck with his friend from Manchester as a Cabinet Member than he had against Michael McDowell as Taoiseach.
Not having the ability to bring class actions in these and other cases is severely detrimental to our legal system.
Four Courts, Dublin
The bloggies
Comment by Isitjustme? — January 31, 2008 @ 6:19 pm
Way to go Is It! When is the book coming out?
Comment by Administrator — January 31, 2008 @ 6:40 pm
When I Googled for Latif Yahia and his book, the only source for saying “The Black Hole” is banned in the USA is his own website. What about the U.S. First Amendment and free speech? This seems on the surface to be a gimmick to peddle his book. I hope you can provide more information. If a book is actually censored or banned in the USA, that should be major news in the New York Times, and perhaps will result in a major lawsuit.
Comment by Proinsias — February 1, 2008 @ 1:40 pm
Thanks for the info and comment Proinsias. I can only imagine that if a book is banned that it will not get much publicity. The best way I suppose to confirm the claim is to phone your favourite bookstore and see if it is available?
Comment by Administrator — February 1, 2008 @ 2:18 pm
You miss the main issue….the mere banning of a book would be major news in the USA and worldwide. Not a case in no publicity for a banned book. I am not saying Latif Yahia is using hype to generate interest in his book, instead I am really interested in the concept of the USA actually banning a book. I think that would go absolutely against the U.S. Constitution guaranteeing a free press. If you can find out more about this, please publish on here or email me. Thank you.
Comment by Proinsias — February 1, 2008 @ 6:38 pm
Thank you for your interest Pronsias. I am taking a closer look at Mr. Yahia and his claims since your first comment, I try to bring factual material only into my posts. For an idea of who bans books in the US please see this site. Most books that we would call “classics” have been banned at one time or another, by someone, somewhere, even in the US. Publishing houses can boycott, or be advised to “ignore” certain books and authors for any number of reasons. I am not a conspiracy theorist, or saying that this is the issue in this case; but, I must take Mr. Yahia and his publisher for their words as expressed on their websites.
Comment by Administrator — February 1, 2008 @ 7:36 pm
Thanks for the banned books website. I have asked them their sources for the US government agencies mentioned. I really want to learn how this could be possible that a government entity (other than the post office and customs which do not allow child pornography books) could ban books in America.
Where did you learn that Latif Yahia’a book was banned? Any reason why it might be banned?
Comment by Proinsias — February 1, 2008 @ 11:34 pm
Wow, I’m shocked to hear that Ireland doesn’t allow class action lawsuits! That is of great detriment to the citizens there! Although most people will never require the use of that type of suit, I’m sure, it seems unjust that they don’t have the option of CHOOSING to file one should they ever find themselves in the position of doing so.
Comment by Kimba The White Lioness — February 3, 2008 @ 3:29 pm
Thanks Pronsias- I am looking into it further, stay tuned!
Hi Kimba- Thanks for the comment! It is a shame that this concept is missing here, the couple in the article are facing financial disaster only because they alone had the courage to tackle the government.
Comment by Administrator — February 3, 2008 @ 3:57 pm
This is my New book:
From the Publisher :- Forty Shades of Conspiracy The Sequel To The Black Hole, a True Story of the illusion of Democracy in Europe and how the American CIA are behind Every Door of Power. Latif Yahia was drawn to the Emerald Isle after remember what so many Doctors, Engineers and Contractors that he had met in Iraq had told him about their homeland. Looking for a country to take him in and welcome him as its own in 1997 Latif booked his flight to Dublin, Ireland’s Capital city, using another assumed identity he went about destroying Latif Yahia and his Uday connections, surely this time he could be free of Iraq and all the pain that it had brought to him. Having settled into a comfortingly mundane routine Latif now Kaled was beginning to believe that maybe, just maybe this time it would work and he could finally live a quiet and normal life, hope unfortunately was to fade as his past caught up with him, but this time not in the form of the CIA, this time it was a woman and hell hath no fury like this woman scorned. Pandora’s box was opened and all that Latif had hoped to leave behind came like a torrent, suddenly the Irish authorities were aware of his presence, with their close ties to America it did not take the CIA long to follow and the game continued… Because of his opposition to the war on Iraq in 2003 and the American’s use of Shannon airport, Latif Yahia is still stateless after 16 years of exile in the West.*****[Special Limited Edition] (Hardcover) in November 25, 2009.
Comment by Latif Yahia — February 9, 2008 @ 5:17 pm
Thanks for the note Latif, it sounds like an interesting book. What of your claims that The Black Hole was banned in Ireland and America? I can find no verification of this except on your site? And do you ever allow comments on your site?
Comment by Administrator — February 9, 2008 @ 8:55 pm
Thank you for your comments and mentioning me on your blog. A friend of mine sent me the link and I am glad he did.
As for my claims that my book is banned, well they’re not claims, try to buy my book in Hodges Figgis or Easons, actually, my publisher personally went to Easons to order a copy to be told, that they were aware of the author and book but not to ask, make what you will of that. Although I have made many appearances on Irish TV none have shown my book and usually only mention it as the credits are rolling if I am lucky. My first two books fit the agenda, Saddam Hussein was evil, cruel a despot, I unwittingly played into the hands of the war-mongers who decided that it was time to remove Saddam as he was no longer of use. “The Black Hole” is in essence a comparison of my treatment at the hands of Uday Hussein and the Hussein regime and the CIA in Europe, to believe that life was roses for me from the moment I stepped out of Iraq would be naieve.
I went from the frying pan to the fire as they say, I wanted the world to know what was happening in Iraq to my fellow countrymen but I had no wish to be a spy or traitor, for this I paid a high price. when you see the men in suits threatening ” co-operate or we will make your life hell” in movies, it is not that distant from the reality of the situation. I said no to the CIA and for that I have and will continue to pay the price, I am stateless, my Yahoo accounts and YouTube have been deleted without warning or comment, my own personal website has been wiped out on several occasions and my blogs disappear frequently, but for every one that goes awry I create two. I suppose what I am trying to say is that when it suited the establishment I was put forward as the face of “why we should go to war” but as soon as I try to tell the world of my treatment at the hands of the CIA and supposedly democratic countries like Austria for instance, I get immediately blacked-out by the media. Try to imagine escaping the horrors and torture of Saddam’s Iraq only to find yourself in a covert CIA prison in Austria , a solitary cell where even when there is a person on the other side of the door you cannot understand them and they have no interest in understanding you, I spent ten and a half months in one of these cells before Europe had heard of rendition or covert CIA Prisons and I was only released by error. Why? because I said NO to the CIA and this was in 1994, they are keeping their promise to me, I have been told that I will get nothing in Ireland, no naturalization, no citizenship, no peace.
If you look at my media coverage worldwide you will see that internationally it has been positive, then look at my media coverage here, I have been portrayed as anything from Osama’s second man to some gun runner, but what can I say I still love the place and the people, how can I not, like my wife and children it is a part of me. An example of this is the peace mission I participated in in 2006, “Breaking the Ice” we went from Jerusalem to Tripoli, I was the first Iraqi to enter Israel legally, it was an historic moment, this mission was covered worldwide, except Ireland, there were twice daily updates from Reuters, AP and CNN, The Washington Post did a piece also and many more, check the Irish press and see if you can find anything. I don’t think you will.
If I had known before I fled Iraq what I was about to face and suffer, I would have stayed and taken a bullet from Saddam, at least I would have a grave in my country.
Unfortunately, I don’t have the time to administrate comments on my site, so no, I don’t allow them, but if anyone really wanted to contact me there is contact information there to get in touch.
By the way, any proceeds due to me from the sale of my book goes to the Children’s Hospital in Dublin, I’m not in it for the money, I just want people to know what’s going on around them.
Best regards,
Latif Yahia.
It would be my pleasure to send you a signed copy of “The Black Hole” just give me an address to post it to.
Comment by Latif Yahia — February 9, 2008 @ 10:43 pm
Hello again Latif, I too have my doubts about the Irish media’s competence and direction and I hope this matter gets investigated and exposed. Thank you for the offer to send me the book, if we can arrange for the proceeds to reach the Children’s Hospital I will accept.
Comment by Administrator — February 10, 2008 @ 10:24 am