Thursday, August 27, 2009

IFA heads cheerleading more EU hyperregulation and colluding in Yes push with untrustworthy Government who have left farmers in huge debt.



Spokesman for Farmers for NO, current Limerick IFA vice chairman,
David Thompson said Thursday 27/8/09:


'Lisbon transfers power from the Irish people to EU institutions.

'If Lisbon is passed Ireland's voting weight at the key EU Council of Ministers falls from 2 per cent to 0.8 percent.

How can the IFA think that loosing voting strength will help Ireland's negotiating strength going forward?

Where is its evidence a fall in voting strenght will help Irish negotiators?
Where is Padraig Walsh's evidence that 0.8 per cent voting weight puts us at the heart of Europe?


Farmers for NO advocate a NO vote to prevent further hyper-regulation from the EU.
While out of touch IFA leaders are acting as cheerleaders for EU measures the EU Nitrates Directive has placed a huge financial burden on Irish farmers who must comply by taking our bank loans and building slurry sheds.

On top of this Government ministers who advocate a Yes vote, and ask the people to trust them have trashed their contractual obligations to pay the farmers for the sheds they have built under the Farm Waste Management Scheme.

I ask the IFA, why should farmers being financially crippled by the Nitrates Directive vote for Lisbon and more hyper-regulation?

Why should farmers now trust the Irish government who have broken recent contracts and left thousands of farmers in hoc to the banks with huge debts?

Farmers for NO are appalled that IFA leaders who failed to consult local members in a ballot are colluding for a Yes vote with untrustworthy government ministers who have shafted Irish farmers and left them in debt.

Farmers have found to their cost that this government cannot be trusted.

Nicolas Sarkozy, the French president last June said, "No Lisbon [Treaty], no enlargement,". He added that "the Nice Treaty limited the EU to a membership of 27 states."

Like Sarkozy and Merkel, Farmers for No say that Lisbon is a prerequisite for enlargement. If we vote No to Lisbon, enlargement cannot take place. Turkey cannot enter the EU. Therefore Lisbon is a proxy vote on Turkish entry.

We have produced evidence, where is the IFA leaders evidence for their claims to the contrary?'

'Given that in a debate with me on LMFM on Tuesday morning, Meath IFA leader Eddie Downey said he would welcome Turkish accession talks, would welcome Turkish entry to the EU and did not want to deny anyone the benefits of Europe.

FF, FG and Labour are all on the record as supporting Turkish entry to the EU. Is it now IFA policy to support the EU entry of Turkey?

Does the IFA disagree or agree with former EU Commissioner Frits Bolkestein who said, "After Turkish entry the EU will simply be unable to sustain its current agricultural and regional policy. Europe would implode."?

Farmer for NO holds that if the IFA supports the Lisbon and Turkish entry of Turkey to the EU it will cause the decimation of CAP payments and the destruction of Irish agriculture.


ends
Farmers for No spokesman, David Thompson is currently vice chairman of Limerick IFA and vice chairman of Farmers for No.

Background
Millward Brown study in 2008 found that 48 per cent of farmers voted No to Lisbon.
Farmers for No group has garnered many hundreds of pledges of support since its launch.

Sunday, August 23, 2009

Turkish Accession to the EU



The spectre of Turkish accession to the EU continues to loom ever larger. Even though the French and German governments are at this moment opposed to it, they seem to have been unable or unwilling to stop it. All they have done is slow it down. In July 2009 another chapter of the accession negotiations, the 11th out of 35, was opened. The Swedish EU presidency has begun. Sweden has been embarrassingly eager to welcome the Turks into the EU and plans to push the issue forward. Countries like Britain, Italyand Greece are completely in favour of Turkish accession.

EU Socialist group already explicitly support Turkish accession.

After Lisbon, the Ever Closer union is also an Ever Expanding Union, taking in more and more countries.
Just as the Treaty of Nice facilitated the entry and free movement of many people from the new states of Eastern Europe, we are now told that Lisbon will facilitate even further enlargement.

Nicolas Sarkozy, the French president last June said, "No Lisbon [Treaty], no enlargement,". He added that "the Nice Treaty limited the EU to a membership of 27 states."

Asked whether she agreed with Sarkozy's "No Lisbon, no enlargement" comment, Merkel said the EU's existing institutional arrangements limited the size of the bloc to its current 27 members.

"I agree because the Nice Treaty limited the (European) Union to a membership of 27 states and for me it is unthinkable that we would change one area of the Nice Treaty without looking at the whole of the Lisbon treaty," she said in Brussels.

Both Sarkozy and Merkel have said that Lisbon is a prerequisite for Enlargement of the EU, so the Turkish issue is very pertinant to this debate.
We need a legally binding assurance in advance of Lisbon vote that Turkey will not be admitted to the EU.
We need to define the limits of eastward expansion of the EU BEFORE the Treaty of Lisbon is passed

Those who care about the future of Europe, and see Turkish accession as an economic threat to the potential of Irish farmers, are going to have to mobilise to stop this nightmare from becoming real. Farmers must vote No to Lisbon. To quote Frits Bolkestein, the internal market commissioner in 2004:
"After Turkish entry the EU will simply be unable to sustain its current agricultural and regional policy. Europe would implode."


There is a blog about Turkish acccession.

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Art 81 of Lisbon - judicial cooperation / partial harmonisation of civil law




Article 81 of the Lisbon Treaty contains an article which leans towards a common legal code where there is to be judicial cooperation in civil matters. Of course, succession rights and inheritance law are a civil, not a criminal matter. This means, in light of the EU Commission proposal of partial harmonisation of inheritance law across the EU.

Lisbon Treaty article 81

34
JUDICIAL COOPERATION IN CIVIL MATTERS
Article 81
1. The Union shall develop judicial cooperation in civil matters having cross-border implications, based on the principle of mutual recognition of judgments and of decisions in extrajudicial cases. Such cooperation may include the adoption of measures for the approximation of the laws and regulations of the Member States.

2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures, particularly when necessary for the proper functioning of the internal market, aimed at ensuring:

(a) the mutual recognition and enforcement between Member States of judgments and of decisions in extrajudicial cases;
(b) the cross-border service of judicial and extrajudicial documents;
(c) the compatibility of the rules applicable in the Member States concerning conflict of laws and of jurisdiction;
(d) cooperation in the taking of evidence;
(e) effective access to justice;
(f) the elimination of obstacles to the proper functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States;
(g) the development of alternative methods of dispute settlement;
(h) support for the training of the judiciary and judicial staff.

3. Notwithstanding paragraph 2, measures concerning family law with cross-border implications shall be established by the Council, acting in accordance with a special legislative procedure. The Council shall act unanimously after consulting the European Parliament.

The Council, on a proposal from the Commission, may adopt a decision determining those aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure. The Council shall act unanimously after consulting the European Parliament.

The proposal referred to in the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision shall not be adopted. In the absence of opposition, the Council may adopt the decision.

FYI: EU aims to harmonise succession law across the Europe














Fears for Lisbon vote prompt delay in EU law
The Irish Times

JAMIE SMYTH in Brussels

Wed, May 20, 2009

INHERITANCE: THE EUROPEAN Commission has delayed a proposal to enable the EU-wide recognition of inheritance claims for fear of upsetting Irish voters ahead of a second Lisbon referendum.

The draft legislation is intended to cope with the increasingly common situation whereby EU citizens live in one country with certain inheritance rules, but they own property in other EU states.

It proposes to introduce common rules for member states to follow on which law should be used to judge such cross-border inheritance claims.

If the Government opted in to the measure, it could ultimately enable foreign laws to be implemented in Irish courts, which is a particularly sensitive issue for the legal profession.

“It was felt that the proposal was too sensitive in the lead-up to the referendum on the Lisbon Treaty, which is expected to be held in the autumn. So it was delayed,” one EU diplomat told The Irish Times yesterday.

Senior commission officials, including secretary general Catherine Day, are understood to have pulled the proposal in the spring.

The commission’s 2009 work programme initially proposed that the draft law would be published in March before being sent to the Council of Ministers for debate.

The decision to delay the proposal follows a similar move last year to quietly drop the commission’s controversial proposal to harmonise the corporate tax base in the EU.

This plan was seized on by No campaigners during the first Lisbon referendum and portrayed as a key threat to Ireland’s tax sovereignty even though the Government could choose to opt out of it.

The proposal on recognition of inheritance claims is controversial because it relates to family law, another area where Ireland is seeking specific guarantees related to the treaty.

The European Voice said the draft law could potentially have enabled relatives to “claw back” property or items given away by the deceased during their lifetime – a mechanism allowed under many EU states’ succession laws, but precluded by Irish and UK law.

According to commission estimates, the proposed legislation would affect about 450,000 successions every year.

Rules on which national law should apply in cross-border succession cases vary: some EU states follow the principle that the law should be determined by the nationality of the deceased, while others apply the law of the state where the deceased lived.

A Government spokeswoman said last night the Government had nothing to do with the commission’s decision to withdraw the proposal.

A commission spokesman also denied that the delay was due to the Irish referendum.

However, several EU diplomats confirmed the story, with one noting that everyone was focused on ensuring that potential landmines were avoided in the run-up to the autumn referendum, which will decide the fate of the treaty.


This matter was also reported in the European Voice 14th May 2009.

JUSTICE AND HOME AFFAIRS Inheritance
Irish treaty vote puts inheritance law on hold

14.05.2009

Commission fears negative Irish reactions over law on inheritance.
Plans for EU-wide recognition of inheritance claims have fallen victim to Ireland's projected second referendum on the Lisbon treaty. The European Commission has postponed a controversial plan to have wills and inheritance claims recognised across member states until after the Irish referendum, expected in the autumn.

Both Commission President José Manuel Barroso and Catherine Day, the secretary-general, requested that the proposal be put on hold, for fear of negative reactions in the Irish Republic on the sensitive matter of family inheritance ahead of the crucial referendum.

Friday, August 21, 2009

Response to the EU Commission


In response to an EU Commission press release today (21/8/09), Farmers for No have issued the following statement:

Statement by David Thompson, Spokesman of ‘Farmers for No.
Farmers for No – respond to EU Commission on Turkey

“The message is clear, vote Yes to Lisbon and you get a Turkey, maybe not by Christmas, but it will come.
“Senior EU leaders have stated clearly that Lisbon is necessary for more enlargement. Nicolas Sarkozy, the French president last June said, ‘No Lisbon [Treaty], no enlargement,’. He added that ‘the Nice Treaty limited the EU to a membership of 27 states.’
“The passing of Lisbon would facilitate and is necessary to allow the entry of Turkey, a state of 75 million people. If the CAP budget remains the same going forward and the number of farmers doubles overnight with Turkish accession, its clear that CAP payments to farmers will roughly half. The EU has already started accession talks with Turkey – this is for a reason. “

EU Commission statement

Growing everyday - Officer Board of the "Farmers for No"

The list of the Officer Board of the "Farmers for No" are as follows : -

CHAIRMAN : James Reynolds, current Secretary of Ballinalee IFA Branch and former Longford IFA County Chairman and former Member of the IFA National Industrial and Environment, Rural Development and Farm Business Committees.

NATIONAL VICE-CHAIRMAN and SPOKESMAN: David Thompson, former Limerick IFA County Chairman, former Limerick County Representative on IFA National Council and former Member of the IFA National Dairy and Animal Health Committees. Currently vice chairman of Limerick IFA.

SECRETARY : Michael Reidy, Member of Kerry IFA County Executive.

TREASURER : Noel McCabe, former Westmeath Representative on the IFA National Industrial and Environment Committee.

PRO : Billy Clancy Member of North Tipperary County Council and former Member of North Tipperary IFA County Executive.

Other Members of the Officer Board include:
Gerry Murphy, former Waterford IFA County Chairman, former Member of the IFA National Rules and Privileges Committee, former Waterford County Representative on IFA National Council and former Member of the IFA National Industrial and Environment Committee.

Peter Fox, former Longford County Representative on the IFA National Livestock Committee.

Con Cremin, current Limerick ICSA County Chairman.

Winston Turner, IFA Member and former Member of Cavan County Council and former Leader of Cavan Roads Action Group and Member of the Board of the National Federation of Group Water Schemes.

Jackie Marren, Chairman of the Sligo Farming Platform and Member of Sligo IFA County Executive.

John Campbell, current Chairman of Edgeworthstown IFA Branch and former Longford IFA County Vice-Chairman.

Paddy Boyhan, Westmeath, former Member of the National Executive of the United Farmers' Association.

Sean Guerin, Chairman of Retired Farmers Group, Former Chairman of Kerry IFA.

'Farmers for NO' Campaign launched on the 20th August

Press Release which was issued on Thursday 20th August, Immediate effect


A new group of senior farming representatives was today launched to actively campaign for a second No vote to Lisbon.
'Farmers for No' was launched in Buswells Hotel today at 12 noon. [The Launch was introduced by vice-chairman David Thompson - current vice Chairman of Limerick IFA.]
National chairman of Farmers for No, James Reynolds, a former chairman of Longford IFA ,said it was crucial that the Irish farming community vote No to protect the future of Irish agriculture. The group is made up of senior farm leaders elected by farmers to represent their views.
Former Munster MEP Kathy Sinnott was guest speaker at the press launch.

....At the press conference today in Buswells, James Reynolds said:


Lisbon is a proxy referendum on Turkish entry - I call on Irish farmers to vote no.

Just as the Treaty of Nice facilitated the entry and free movement of many people from the new states of Eastern Europe, we are now told that Lisbon will facilitate even further enlargement.

Nicolas Sarkozy, the French president last June said, "No Lisbon [Treaty], no enlargement,". He added that "the Nice Treaty limited the EU to a membership of 27 states."

Of particular concern to me is the fact that the EU has opened up entry talks with Turkey, a state of 75 million people, which is economically underdeveloped and has a particularly poor human rights record.
The EU CAP budget is currently over-stretched. The accession of Turkey's-75 million people- would place too great a financial burden on member states. Turkish accession means the number of farmers in the EU would double overnight, causing the CAP payments scheme would collapse across western Europe.
After Lisbon, the Ever Closer union is also an Ever Expanding Union - this has huge financial consequences for farmers and it is to their detriment.
As the three largest political parties here all support Turkish accession; because the Treaty of Lisbon facilitates the EU entry of Turkey I urge Irish farmers vote against it.
As Lisbon is a proxy referendum on Turkish entry - I call on Irish farmers to vote NO to hold on to their C.A.P.

Farmers are sick of EU hyper-regulation. We don't want to be an Irish theme park.

As a farmer I am sick to death of the culture of hyper-regulation which comes from Brussels. The Nitrates Directive, Habitat Directive, Soil Directive, etc etc are slowly but surely strangling Irish agriculture.
Irish farmers refuse to be turned into film extras for some Irish Disney theme park for the urban elite of Europe. We want living communities in rural Ireland, not a theme park.

EU Commission proposals on inheritance law will prevent farmers passing on farm as single working unit - this is unacceptable.

EU Commission proposals on inheritance law harmonisation, if fully implemented, would mean that Irish farmers will not be able to pass on their family farm as a single working unit to one of their children in the future.
The partial harmonisation of inheritance codes throughtout the EU as proposed by the commission will mean the continental judicial system in this matter would prevail over the Irish Common Law system. It would mean a reserved portion of the deceased's property would have to go to the children of the deceased in equal portion.
Those countries with the Napoleonic Code insist that one cannot leave property as one wishes, but that all children have an equal share.
This would mean the family farm would have to be broken up or sold.

In May this year, the EU Commission dropped the proposals to partially harmonise inheritance law throughout the EU until after Lisbon is voted on. This move was cynical and beneath contempt. Irish farmers want and deserve transparency of this issue.
The decision to delay the proposal follows a similar move last year to quietly drop the commission’s controversial proposal to harmonise the corporate tax base in the EU (CCCTB) .

Because of our Lisbon NO vote, we have residual leverage to force the EU to drop Corporate Tax Base proposals. Once we say yes our leverage is gone.
Once we say yes, they will introduce Corporate Tax Base and introduce measures to bring in harmonised inheritance law - meaning that farmers can't leave their farm as one working unit to a single child.
This would be a disaster. Almost unspeakable crime against farmers and Irish traditions.

The Irish Constitution has rock solid defence of property and inheritance rights. The Lisbon Charter does not.

Irelands Constitution Article 43 states: 'The State........guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property'

And the following is what we get if the Lisbon Treaty is accepted :
Under Property Rights in the Lisbon Charter of Fundamental Rights it states: (CFR art 17) Property 'No one can be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law'........

Now we rightly ask clarification of this (Article 17) Right to Property in the Charter of Rights attached to the Lisbon Treaty :
What law(s) refer ? What are these conditions referred to ? What are these cases ?
Who decides on defining these headings? When and how can any of this happen ?
To whom will the law(s) apply ? Who is going to make these laws ? What is the public interest......who decides what it is ? Can one object to, and/or appeal a decision...and to whom?
Where is the certainty in all of this, when matched against our Irish Constitution?
I believe it is the Irish people should decide their values and their laws. And we should not be prevented from handing on the family farm to a child it that is our lasting will.

Article 188 of Lisbon abolishes irish veto on WTO trade agreements

Farmers must vote no to the Lisbon Treaty unless they want to go the way of the fishermen, and Irish Ferry workers, and the sugar beet industry.

This is because article 188C and N of Lisbon would remove Ireland's veto in commercial policy agreements with international organisations like the WTO.

Even the Forum for Europe booklet 2008 (p64) is clear that “negotiations and conclusion of agreements with one or more third countries or international organisations in the field of commercial policy” moves from unanimity to qualified majority voting (QMV).

If farmers wish to maintain an Irish veto over WTO agreements in the future they must vote No.

To vote Yes would be a death wish to our beef industry in particular and Irish farming in general. Maintaining our veto in as many policy areas as possible, strengthens our hand in negotiations, and ensures Irish interests are protected. It also means laws cannot be imposed on us against our will by people who are not accountable to us

For among the reasons outlined above I call on Irish farmers to come out and vote No to Lisbon in October, just as they did last year.