the coming USE -
Britons convicted of crime in their absence overseas now face deportation
AND SO WE CAN NOW DEPORT ALL THE FOREIGN CRIMINALS IN BRITISH JAILS?
daily telegraph
Britons convicted of crime in their absence overseas now face deportation
Britons convicted of a crime in their absence in an overseas court now face deportation to a foreign jail after ministers surrendered their right to oppose extradition.
By Andrew Pierce Last Updated: 10:43PM GMT 20 Mar 2009
The historic change, which will apply to all EU countries, has been attacked by human rights organisations. The Conservative Party has pledged to oppose the new regulations agreed by the European Parliament which are due to come into force in 2011, a year after the next general election. Under the new regulations, courts will be compelled for the first time to order the extradition of British citizens to any EU countries that want them. All the EU countries will have to provide is a form which says the Briton was informed of his trial, and offered legal representation, even though the assurances might be worthless.
The pressure group Fair Trials International has a catalogue of cases of British citizens convicted of crimes in EU countries such as Bulgaria, Greece and Romania where even the most basic elements to a fair trial were absent: the defendant was not present or properly informed the hearing was taking place. Jack Straw, the Justice Secretary, has agreed to the changes as part of the government's commitment to further EU integration. Dominic Grieve, the Shadow Justice Secretary, said: "This is the latest example of the government caving in to Brussels – sacrificing basic principles of British justice – in order to promote European integration." Pieter Cleppe, a lawyer at Open Europe, a eurosceptic think tank, said: "This could open the door to serious miscarriages of justice and ministers should not be supporting it. One British man only found out that he had been tried and convicted of grievous bodily harm in Germany when he was later subjected to a Criminal Records Bureau check by a new employer." Opponents of the change are particularly worried that the change applies to countries such as Romania, whose judicial system was the subject of a withering report by Transparency International, which campaigns against international government corruption. The Transparency report said: "Corruption and lack of transparency in relations between court users and court personnel are systemic. Existing legislation on judicial standards is sufficient to penalise corruption by judges and prosecutors, but implementation suffers from delay... The two most frequent charges were "failure to consider evidence" and "violation of court procedures", and many clients attributed these actions to conflicts of interest." The Ministry of Justice said that the changes will "help our citizens".
Europe
Czech PM puts ratification of Lisbon Treaty 'on ice';
German Ambassador to Ireland warns of "horrific consequences" if Ireland votes No in second referendum
Euractiv reports that Czech Prime Minister Mirek Topolanek has put the ratification of the Lisbon Treaty in the country's Senate 'on ice', after US President Barack Obama put plans for a US missile shield in the country on hold.
The Czech Senate has said it would be unable to move on ratifying the Lisbon Treaty without agreement on a missile shield. Asked to clarify whether the deadlock could spell the end of the Lisbon Treaty, Topolanek said in an interview with Czech news: "I think that is possible. But I would stress it is not entirely our responsibility. I will not instruct anyone how to vote [...] I have said that many times before."
On the possibility of being ousted in a no-confidence vote as a result of the deadlock, he said, "It does not worry me. It is something I have been facing since June 2006. If there is a will for someone else to rule, then let it be. Someone else can be in charge instead of me. It is always probable, and any politician must be ready to face that."
Meanwhile, EUobserver notes that the Irish government still hasn't ruled out an early date for a re-run referendum on the Lisbon Treaty. Irish Foreign Affairs Minister, Micheal Martin, said only that the government will stick to the timeline agreed at a summit of EU leaders last December. "The government has not formally made a decision on the date of the referendum," he said.
Euractiv reports that no final agreement on the so-called guarantees Ireland will get on the Lisbon Treaty is expected to be reached at the summit this week. The draft conclusions foresee a deal at the June meeting instead, meaning that a second referendum would likely be held in September or October.
The Irish Independent notes that European Parliament President Hans-Gert Pottering indicated yesterday that Irish PM Brian Cowen had told EU leaders that October would be the date for the referendum, but Micheal Martin denied this saying, "Did he? Well, we didn't mention that to him".
Meanwhile, the German Ambassador to Ireland, Christian Pauls, has defended comments he made earlier in the week, in which he suggested that Ireland would "throw away its future" if it voted No in a second referendum on Lisbon. Informed of the reports yesterday, Pauls told the Irish Times that while he could not recall using "those exact words", he admitted that he had said "something along those lines" at the event. He said, "A second No would have horrific consequences for Ireland and I am not the first to say it. I don't think there is anything particularly new in that." He also rejected suggestions his remarks could be considered undiplomatic. "They are not. I am simply conveying what my government thinks. That is my job." The paper also reports that Pauls ran into a similar controversy in 2007 when he said in a speech that Ireland's history is "sadder than Poland's".
In E!Sharp magazine, Liberal leader in the European Parliament Graham Watson says that, should the Irish deliver a second No vote, "The sky is not going to fall in. There is technically no reason why the Union should not proceed on the basis of the Treaty of Nice. Although of course then the Irish definitely lose their commissioner - somebody would lose a commissioner anyway."
Irish Times Irish Times E!Sharp EurActiv EurActiv Irish Independent EUobserver Former European Commission President Jacques Delors has expressed pessimism about the ability of the eurozone to survive the current economic crisis.
In an interview published in German economic monthly Capital, the French politician said" "I could well imagine that the pressure of the strong on the weak to carry out better policy or leave the monetary union increases."
He said that while the 16-nation eurozone is not yet ripe enough for economic governance as the economic cultures among the single currency countries are too different, there must be more readiness to communicate.
"If the basic idea that there is a necessity for more prior consultation is not accepted, then I am pessimistic about the future of the euro," said Mr Delors.
He demanded that "federal" Germany, in particular, should accept a greater degree of co-operation.
Mr Delors - who served as president of the commission from 1985 to 1995, often referred to as Europe's greatest economic integration period and the heyday of Franco-German EU co-operation - indicated today's relations between Paris and Berlin are in dire straits.
"Quite frankly, little or nothing is working [in that relationship]," he said, suggesting it is due to the fact that memories of a post-war Europe are "fading" and are treated with "indifference."
He was also critical of the way the European Union as a whole is handling the economic crisis, saying it is so poor that he thought his "political legacy" was in danger, referring to the fear that member states may retreat into protectionism as a way of combating the downturn, undermining the single market.
He said Europe is reacting "slowly and ploddingly in areas such as new rules in financial supervision or on cleaning up banks."
Mr Delors is seen as the father of both the internal market and the monetary union. His comments come ahead of an EU leaders summit, where member states will try and agree a common position on financial regulation ahead of the G20 meeting in London at the beginning of April.
The summit, starting on Thursday, is also due to agree that more money be made available to member states outside the eurozone who are in trouble, with fears in recent weeks that Europe is creaking not just due to the pressures on the single market but from the perceived lack of solidarity between EU nations.
An informal meeting earlier this month saw Hungary - which suggested setting up a fund for central and eastern European countries - talk of an economic iron curtain, a phrase then splashed across newspapers throughout the EU.
lg.phpbannerid lg.phpbannerid=146&campaignid=111&zoneid=4&loc=httpeuobserver.com927793 rk=1&cb=515c46c942
http://www.openeurope.org.uk/research/wtdoptout2.pdf
xxxxxxxxxx cs
=====
BBC ONLINE 17.3.09 EU talks over UK working opt-out
By Chris Mason, BBC News, Brussels
Formal talks are beginning in Brussels to determine whether the UK can retain its opt out from the European Working Time Directive, which aims to limit the working week to 48 hours.
The government wants to keep the opt out - but members of the European Parliament voted to scrap it in December.
The directive is a European Union initiative designed to protect workers from exploitation by employers.
It lays down regulations on matters such as how long employees work, how many breaks they have and how much holiday they are entitled to.
Its central goal is to ensure that no employee in the EU is obliged to work more than an average of 48 hours a week.
But the UK negotiated an opt out - to which 14 other member states are also signed up.
That opt out has been under threat ever since MEPs - including an overwhelming majority of Labour members - voted to scrap it, despite opposition from the Council, which represents national ministers.
The disagreement has led to a deadlock - which is why the EU's Conciliation Committee has now stepped in.
'Point of principle' It has also exposed a division between Gordon Brown and a majority of his MEPs.
Labour's leader in Brussels, the East Midlands MEP Glenis Willmott, has made it clear she wants the opt out scrapped.
"Working more than 48 hours per week on a regular basis can pose significant risks to health," she writes on her blog. "Excessive working time is linked to stress, depression and heart disease. For me it is an important point of principle that exemptions from health and safety law should not be allowed."
++++++++++++++++++++++++++++++++++++
We are at one with the UK government on this - it simply should not be decided at a European level Alyn Smith SNP MEP
++++++++++++++++++++++++++++++++++++
But that puts her at odds with employment relations minister Pat McFadden at Westminster.
He told the BBC: "During the current downturn it is more important than ever that people have the right to put more money in their pockets by working longer hours if they wish."
The Eurosceptic think tank Open Europe estimates losing the opt out could cost the UK economy eight billion pounds a year.
There are also serious concerns about the impact on fire services. It is feared thousands of part time - or retained - firefighters, who often also have another job, would be forced to give up. "Should this campaign be lost, fire and rescue services who employ such personnel as a major part of their emergency cover would have immense difficulties in replacing this cover - and at huge additional cost to the taxpayer," John Barton, the general secretary of the Retained Firefighters Union says.
'Long hours culture' In England there are about 28,000 retained firefighters, out of 74,000 firemen and women in the service.
In some counties, such as Suffolk and Lincolnshire, more than 70% of the county fire service is made up of retained crews. There is a similar dependence on them in Scotland.
Alyn Smith, SNP MEP for Scotland, said: "There should be a Scottish solution for a Scottish issue here. "We are at one with the UK government on this - it simply should not be decided at a European level. "Huge parts of rural Scotland rely on crucial support services that would be very badly affected by losing this opt out. From vets to retained firefighters, Scotland would lose out."
For others though, including Plaid Cymru MEP Jill Evans, this is a great opportunity to end the UK's "long hours culture." "Too many Welsh workers are being asked to work for too long. Many people feel obliged to work for far longer than they are paid for - and that has to stop."
The Green Party's two British MEPs agree - as does the Unite trade union.
But the Conservatives, Liberal Democrats and UK Independence Party agree with the government.
A compromise has to be reached here in Brussels within eight weeks - in time for the European elections in June. THE BRUGES GROUP The Bruges Group spearheads the intellectual battle against the notion of "ever–closer Union" in Europe and, above all, against British involvement in a single European state
Is the euro Sustainable? Analysis of the potential disaster facing the eurozone
Quantitative Easing, the Credit Crunch and the EU Wednesday, 18th March 2009 - reminder
Euro Breakdown IS THE EURO SUSTAINABLE? Analysis of the potential disaster facing the eurozone
The euro is coming under severe pressure. Now even the Prime Minister of Luxembourg and President of the Euro Group, Jean-Claude Juncker, and Karl Otto Pohl, former Chief of the Bundesbank, fear that the euro may be in danger.
The Bruges Group’s detailed examination of the severe strains facing the Single Currency in Is the euro Sustainable? finds that the entirely ‘man made’ problems that confront the eurozone today have their origins in the fatally flawed notion that one exchange rate and one interest rate are appropriate for economies with very different and disparate histories, structures, performances and sovereign governments.
The euro was meant to bring convergence to the economies of the European Union. Yet it has caused even greater divergence. These economic imbalances and distortions which have been analysed in this paper will continue to worsen. There are too many vested interests in Brussels; the EU elite is more concerned with their own privileges than in undertaking any meaningful structural economic reforms that could help to rectify the situation.
The euro as a hybrid fixed exchange rate regime is unsustainable, and the issue of its failure must be addressed. In the case of the European Union this can only ultimately result in the rejection of government by the venal and corrupt institutions of the EU and a subsequent return to democratic rule by accountable national governments that uphold the rule of law.
CLICK ON THE LINK BELOW TO READ THE FULL ANALYSIS ONLINE: http://www.brugesgroup.com/IsTheEuroSustainable.pdf
NEXT MEETING Quantitative Easing, the Credit Crunch and the EU Wednesday, 18th March - 6.45pm for 7.00pm
EXTRACTS FROM TOMORROW'S SPEECHES
RT HON. JOHN REDWOOD, MP THE EU AND THE ECONOMIC CRISIS Chairman of the Economic Competitiveness Policy Group will say that; "All those of us who campaigned successfully to keep the pound did a great service not just to the UK but also to euroland. The appalling financial management of the UK under the present government combined with the very different orientation and structure of the UK economy would have created huge stresses within the euro area had we been forced in to membership. Outside the euro we can follow our own policy. Now we need to elect a government which can do so competently, to replace the boom and bust lurches of the current regime, with their fatal attraction to nationalised banks and excessive public sector borrowing".
PROFESSOR TIM CONGDON, CBE WHY THE UK IS LUCKY TO BE OUTSIDE THE EUROZONE IN A CREDIT CRUNCH One of Britain’s leading economic commentators will argue that; "Recent events have shown that Britain is lucky to be outside the eurozone. The Bank of England's policy of 'quantitative easing' is already driving down bond yields and will promote a wider economic recovery. But - if we were in the eurozone - we could not carry out such measures and would instead be bossed around by European financial bureaucrats. Our neighbour Ireland - in a much more difficult economic situation - cannot help itself. Britain must keep the pound."
ADMISSION: £10 payable on the door or in advance Including wine, orange juice, mineral water and nibbles
LOCATION: Foreign Press Association
11 Carlton House Terrace, London SW1Y 5AJ
CLICK ON THE LINK BELOW FOR A MAP: http://www.brugesgroup.com/maps/ForeignPressMap00.gif
AGENDA: Lectures: 7.00pm – 8.00pm Discussion: 8.00pm – 8.30pm Wine and refreshments: 8.30pm – 10.00pm
-----------------------------------------------------------------
Honorary President: The Rt Hon. the Baroness Thatcher of Kesteven, LG, OM, FRS Vice-President: The Rt Hon. the Lord Lamont of Lerwick, Co-Chairmen: Dr Brian Hindley & Barry Legg Director: Robert Oulds MA, Head of Research: Dr Helen Szamuely Washington D.C. Representative: John O'Sullivan, CBE Founder Chairman: Lord Harris of High Cross, Former Chairmen: Dr Martin Holmes & Professor Kenneth Minogue
-----------------------------------------------------------------
For further information contact:
Robert Oulds Director The Bruges Group
227 Linen Hall, 162-168 Regent Street, London W1B 5TB UK
Tel: +44(0) 20 7287 4414 Mobile: 07740 029787 E-mail: info@brugesgroup.com
-----------------------------------------------------------------
Daily telegraph
Euro chiefs ban 'Miss' and 'Mrs' The European Parliament has banned the terms 'Miss' and 'Mrs' in case they offend female MEPs.
By Simon Johnson Last Updated: 3:06PM GMT 15 Mar 2009
The politically correct rules also mean a ban on Continental titles, such as Madame and Mademoiselle, Frau and Fraulein and Senora and Senorita. Guidance issued in a new 'Gender-Neutral Language' pamphlet instead orders politicians to address female members by their full name only.
Officials have also ordered that 'sportsmen' be called 'athletes', 'statesmen' be referred to as 'political leaders' and even that 'synthetic' or 'artificial' be used instead of 'man-made'. The guidance lists banned terms for describing professions, including fireman, air hostess, headmaster, policeman, salesman, manageress, cinema usherette and male nurse. However MEPs are still allowed to refer to 'midwives' as there is no accepted male version of the job description. The booklet also admits that "no gender-neutral term has been successfully proposed" to replace 'waiter' and 'waitress', allowing parliamentarians to use these words in a restaurant or café. It has been circulated by Harold Romer, the parliament's secretary general, to the 785 MEPs working in Brussels and Strasbourg. Struan Stevenson, a Scottish Conservative MEP described the guidelines as "political correctness gone mad." He said: "We have seen the EU institutions try to ban the bagpipes and dictate the shape of bananas, but now they see determined to tell us which words we are entitled to use in our own language." Philip Bradbourn, another Conservative MEP, vowed to ignore the booklet, which he described as a "waste of taxpayers' money" and called on Mr Romer to reveal its cost. He added: "I will have no part of it. I will continue to use my own language and expressions, which I have used all my life, and will not be instructed by this institution or anyone else in these matters." Seven years ago, an attempt to amend noise laws came close to effectively outlawing bagpipes. However, a number of bizarre EU rules remain in place, including a directive stating that every pair of rubber boots must be supplied with a user's manual in 12 languages.
Daily telegraph Ukraine and Lativia warn of financial disaster in the West if they are not helped Ukraine and Latvia have warned that Western Europe faces financial disaster unless it unites to help stricken countries in the former Soviet bloc.
By Adrian Blomfield in Kiev Last Updated: 9:52PM GMT 15 Mar 2009
Government officials from the two countries, which are at risk of bankruptcy as a result of the global financial crisis, told the Daily Telegraph that the European Union's biggest powers were in danger of repeating the worst mistakes of the 1930s depression by retreating into isolationism and protectionism. Grigory Nemyria, Ukraine's deputy prime minister, said that the EU had to overcome bitter internal differences over how to deal with the economic crisis in eastern Europe when world leaders met next month at the G20 summit in England.
"The EU should not just be helping Ukraine because Ukraine is helpless," Mr Nemyria said. "It should be doing so because it is in the EU's self-interest. "There is a high exposure in the [Western European] banking sector to Ukraine, Latvia etc that can only be addressed by acting in concert. The cost of inaction will be far greater than the cost of action." Strategists have warned that collapsing financial sectors in countries like Ukraine and Latvia could infect the rest of Europe, leading to a series of continent-wide bank failures. But an Austrian plea for a £140 billion bail-out funded by the EU was rejected by Germany and a similar Hungarian proposal was given equally short shrift. Instead the West has signalled to some in the East that it will take care of itself first. Nicolas Sarkozy, the French president, has come under fire after calling on leaders of industry to close factories in eastern Europe to save jobs in France. "An important challenge of the G20 is to send a message that such policies could lead to disaster," said Mr Nemyria. His message was endorsed by Andris Miglaus, chief advisor at Latvia's finance ministry. "Populist protectionism is creating internal frontiers that will negatively affect other areas of Europe," he said. After a decade of impressive growth, Ukraine's export-driven economy is in meltdown. Demand for its steel and agricultural products in Russia and the European Union has collapsed, helping drive down Ukraine's currency, the gryvnia, by over 50 per cent in the past nine months. Forecasters say that Ukraine's economy - like Latvia's - could shrink 12 percent this year. Most experts do not think Ukraine will default this year. Instead most concern is being directed at Ukraine's financial sector, which is dominated by the subsidiaries of Western European banks. Like other countries in the region, Ukraine has been on a credit binge. Since 2006, Ukraine's mortgage bill has increased by over 4,000 per cent. Over 10 million Ukrainians have loans, compared with under 100,000 in 2002. But many, like Olga Symonchuk and her husband Nikolai, are now struggling to repay the banks. A year ago, the Symonchuks decided that life in a two-bedroom Kiev flat with their two sons and their fiancées was getting a little too cramped. They decided to take out a £58,000 mortgage with a subsidiary of BNP Paribas to buy a second flat in the capital's suburbs. They chose a mortgage based in dollars, because interest was half that of a local currency loan. But as the local currency collapsed, their repayments soared. The couple were also put on half-pay. Despite having their mortgage restructured, the Symonchuks have missed two monthly payments. For the Symonchuks, read millions of Ukrainians, the majority of whom hold their debts in foreign currency. As personal defaults grow, so do fears of a systemic collapse in the Ukrainian banking sector. For the moment, the major foreign players in the market - Austria's Raiffeisen and Italy's UniCredit - have promised to support their Ukrainian subsidiaries. Swedish banks have promised to do the same in Latvia. But as the crisis worsens, it is unclear how long such commitments can be honoured. Western European banks are exposed to over £1 trillion of eastern European debt, leading to comparisons with the subprime crisis in the United States. Austria is particularly affected, with an outstanding loan portfolio to eastern Europe of £213 billion, 71 per cent of GDP. Austria's exposure has drawn ugly comparisons with the past. In 1931 Austria's Creditanstalt collapsed because of its exposure to Eastern Europe, triggering a wave of worldwide bank defaults and unleashing the darkest days of the Depression.
Daily telegraph New 'Iron Curtain' threatens to split Europe over economic crisis Europe is in danger of being split by a new 'Iron Curtain' as the deepening economic crisis separates east from west, the EU has been told.
By Bruno Waterfield in Brussels Last Updated: 10:49PM GMT 01 Mar 2009
Hungarian protestor argues with riot police outside the Hungarian Parliament Photo: AFP Hungary warned the growing split threatened to provoke outbreaks of social unrest and a flood of unemployed immigrants travelling to Western Europe in search of jobs. Ferenc Gyurcsany, the Hungarian prime minister, called for a £169 billion bail-out of Eastern Europe to prevent a major crisis that would reverberate across the continent.
Euro set to fall further on EU split over eastern Europe bail-out He spoke as nine Central and Eastern European countries – Poland, Hungary, the Czech Republic, Slovakia, Latvia, Lithuania, Estonia, Bulgaria and Romania – held an unprecedented breakaway summit before the meeting of all 27 EU member states in Brussels. He said: "We should not allow a new iron curtain to be set up and divide Europe in two parts. This is the biggest challenge for Europe in 20 years. At the beginning of the 90s we reunified Europe. Now it is another challenge – whether we can unify Europe in terms of financing and its economy." In a six-page letter to European leaders meeting for a crisis summit lunch, Mr Gyurcsany made dire predictions about the consequences of letting Eastern Europe, the EU's poorest countries, bear the brunt of a recession. He warned that if EU member states in Central and Eastern Europe faced a severe downturn, then other European countries would feel the knock-on effect of social unrest and an influx of millions of migrants. "A significant economic crisis in Eastern Europe would trigger political tensions and immigration pressures. With a Central and East European population of around 350 million of which 100 million are in the EU, a
10 per cent increase would lead to at least five million additional unemployed within the EU," he wrote. Mr Gyurcsany went on to forecast "massive contractions in economic activity and large-scale defaults" with governments in Eastern Europe refusing to pay back up to £89bn of debts owed to Western European banks. "A 10 per cent default rate on the Eastern European external loan book would put significant further strain on the solvency of the European banking sector, the capital impact would be at least EUR100bn," he said. The summit ended with EU leaders saying they were determined to avoid protectionist moves in response to the economic crisis. European Commission president José Manuel Barroso said: "There was consensus on the need to avoid any unilateral protectionist measures." But Angela Merkel, the German chancellor, dismissed the call for an Eastern Europe aid fund, saying: "I see a very different situation among eastern countries, I do not advise going into the debate with massive figures." The gathering followed a bitter row over protectionism and Eastern European fears that larger Western EU economies, especially France and Germany, were engaged in protectionist bailouts of national industries. France and the Czech Republic, representing the West versus East split, have been at the centre of a deeply damaging row over economic protectionism. When announcing a £2.7 billion (EUR3bn) aid package to French car makers Renault and Peugeot Citroen last month, President Nicolas Sarkozy implied that the cash was in exchange for a promise not to shut French plants or move to cheaper sites "in the Czech Republic or elsewhere". Mirek Topolanek, the Czech Prime Minister and current holder of the EU's rotating presidency, warned against taking "beggar thy neighbour" protectionist measures as recession bites. "This is the greatest crisis in the history of European integration," he said. "We do not want any new dividing lines. We do not want a Europe divided along a North-South or an East-West line; pursuing a beggar-thy-neighbour policy is unacceptable." In a move to ease the tension, the European Commission declared itself satisfied with guarantees from Paris that the French plan to bail out its auto sector was not protectionist. President Sarkozy insisted that accusations of French protectionism were "totally nonsensical things that do not reflect reality". He claimed that the Czechs, and other countries, should be grateful for jobs in factories owned by French automobile makers. "If we don't save the parent company then the subsidiaries will come down as well," he said. "You might well be surprised that we did not ask these countries whose friends we are, where these plants are in, not to help us in bailing out our automotive industry." The French president insisted that the United States, rather than Europe, was the source of protectionist threats. He said the situation in Europe meant no-one could accuse any country of being protectionist when the Americans had put up $30 billion (£21 billion) to support their automotive industry. "There, there is a risk of protectionism," he said. Donald Tusk, the Polish prime minister, who hosted the meeting, said: "All participants agree that in the time of crisis, maintaining solidarity in Europe is of paramount importance. We would like Europe to do everything to avoid the temptation of protectionism and egoism."
EU OBSERVER 16.3.09 Libertas leader to run in European elections HONOR MAHONY
BRUSSELS - The head of the anti-treaty Libertas group, Declan Ganley, has announced he will run for a seat in the European Parliament in the June elections.
The announcement that he will contest a seat in the North West of Ireland puts an end to months of speculation about whether Mr Ganley, a business man who last year led a successful campaign against the Lisbon treaty in Ireland, would take the ultimate step by personally entering the political arena.
"We have to wake up in this country and realise that being in favour of Europe does not mean being in favour of everything Brussels wants," Mr Ganley told supporters on Saturday evening (12 March), reports the Irish Times
Mr Ganley, who during the pre-referendum campaign played on fears about Ireland losing its tax sovereignty under the Lisbon treaty, said his group was against the treaty "not because we opposed Europe, but because we opposed its direction.
"A vote for us is not a vote against Brussels, it is a vote against those in Brussels who ignore you, don't listen to you, and don't care about you."
Since the June No vote, Mr Ganley has been trying to put together a political force at the European level, often saying he wants the upcoming European elections to be a referendum on the Lisbon treaty, which introduces new institutional rules for the bloc, including an EU foreign minister, more powers to the European Parliament and a different decision-making system. So far, Libertas has had mixed results on its pan-European endeavour, pulling together an assortment of people - often with no political experience - who do not always appear to share the same values.
Its French platform launched last week saw it unite Movement for France
(MPF), headed by the right-wing Philippe de Villiers, with the traditionalist Hunting, Fishing, Nature and Tradition (CPNT) parties. Mr Villiers used the launch to cite a litany of complaints against Europe and to call for more protectionism.
The German branch meanwhile lacks major names, something expected to negatively affect its outcome in the traditionally pro-European country. The Polish Libertas branch is expected to run people under the right- wing Roman Catholic League of Polish Families party, the nationalist Roman Catholic Mlodziez Wszechpolska youth movement, the left-wing farmers' party Self-defence, Stronnictwo Piast, a left-wing peasants' group, and the deregulation-focused UPR party.
Libertas UK is headed by Robin Matthews, a former British Soldier. But with Britain already fertile ground for euroscepticism, it faces competition at the urns from the UK Independence Party, advocating withdrawal from the EU and the Conservatives, also against the Lisbon treaty and further EU integration.
Controversies Its attempts to recruit Swedish Eurosceptic Junilistan party went awry after allegations appeared in Swedish newspapers that Libertas tried to seal the political merger with money.
Soren Wibe, the leader of Junilistan, claimed that almost €1 million was offered by Libertas representatives, although not by Mr Ganley himself. Meanwhile, Libertas' move to establish the party as a European political party, entitling it to EU funds, ended in fiasco.
Shortly after having made the application to be a pan-European party, requiring representation in seven member states and an adherence to democratic principles, its list of signatories quickly became invalid when two politicians, from Estonia and Bulgaria, withdrew support. Libertas claimed they had been subject to pressue. The matter remains unresolved. Libertas has also attracted controversy in Ireland. Mr Ganley quickly built up the group into a high-profile and well-organised force, largely considered responsible for the country's No vote.
But there have been several questions about the source of Libertas' funding. Last week, Ireland's ethics watchdog, Standards in Public Office (SIPO), added fuel to the fire by saying that it did not provide it with enough information about its campaign, particularly on donations.
The US angle It also made specific reference to Rivada Networks LTD, Mr Ganley's communications technology company, which has in the past supplied the US military. Some of Rivada's employees worked for Libertas. The anti- Treaty group says they did so on a voluntary basis but SIPO says it has not received detailed information on the matter, despite a request.
Mr Ganley's opponents claim his anti-Lisbon stance reflects his close connection with US industrial military interests, something he has always rejected.
He says Libertas is being subject to undue scrutiny because of the result of the referendum, which shocked the political establishment in Brussels and sparked muttering about Ireland's ungratefulness.
A second referendum on the treaty is due in autumn, with recent polls suggesting Irish citizens are more inclined to back the document amid the tumultuous economic problems in the country.
EVENING STANDARD Blog 16.3.09 - Paul Waugh Barroso attacks Cam on EPP
European Commission President Jose Manuel Barroso has just said at a Downing Street presser that he "regrets" D Cameron's decision to pull out of the EPP.
"It's upto each party to decide in which European group he wants to sit. So I cannot criticise specific decisions, but of course I regret this decision. My party is a member of the EPP and I regret this decision because in Europe we have the main political parties in the main political families, those that shape the European agenda.
"As president of the Commission I've been keeping a cross-party position. I'm not party-oriented. But of course these are the most influential families in Europe, those who shape Europe. I have discussed this issue several times with David Cameron. So he will not be surprised to listen to me saying that I regret that decision."
The implication is clear: 'why is Cameron linking up with fringe parties, some members of which have strange views on climate change, homosexuality and race?'
Then again, I suspect the Tories will wonder privately why this is any of Barroso's business. But will we get them publicly asking the question: As EC president, is it appropriate for him to be attacking a party leader's decisions his alliances in the European Parliament?
http://news.bbc.co.uk/1/hi/programmes/the_daily_politics/7949104.stm Page last updated at 11:37 GMT, Wednesday, 18 March 2009 Poll: Brits want to leave EU
EU Flag The poll found Brits want a referendum on further integration.
On the day of the Daily Politics' Europe special broadcast live from Brussels, an exclusive poll for the programme found a majority would like Britain to leave the European Union.
When asked in the poll if Britain should leave the EU but maintain close trading links, 55% agreed with 41% disagreeing.
Despite the strength of the Euro against the pound there was little appetite for Britain joining the single currency.
When asked if the current economic crisis has made people more likely to join the Euro, only 31% agreed with 64% disagreeing.
On the question of whether Britain benefits overall from membership of the European Union in terms of jobs and trade only 44% agreed with 51% disagreeing.
There was very strong support for a referendum on further integration with the European Union.
When asked if the British people should decide in a vote before Britain transfers any further power to the European Union 84% agreed, with 13% against.
Poll says Brits want to leave EU
The poll was conducted for BBC2's Daily Politics programme by ComRes. They spoke to 1,004 voters between the 13th March and 16th March.
Full Results:
1. The current economic crisis has made me more likely to support Britain joining the Euro
Agree- 31%
Disagree- 64%
2. Britain benefits overall from membership of the European Union in terms of jobs and trade
Agree- 44%
Disagree- 51%
3. Britain should leave the EU but maintain close trading links
Agree- 55%
Disagree- 41%
4. The British people should decide in a vote before Britain transfers any further power to the European Union
Agree- 84%
Disagree- 13%
The poll was undertaken by ComRes on behalf of BBC2's Daily Politics programme.
Subject: Fw: CIB PUBLIC MEETING PRESS RELEASE
CAMPAIGN for an INDEPENDENT BRITAIN
www.eurosceptic.org.uk
NEWS RELEASE
19 March 2009: Release time immediate
EUROPEAN UNION “DESTROYING DEMOCRACY, WRECKING LIVES”
· Campaigners from throughout Europe and across the political spectrum unite in defence of citizens’ democratic rights
· Public meeting “Freedom and Democracy, not EU Dictatorship”, Euston, London, Sat 4 April 2009
Trade unionists, as well as independent politicians and campaigners from Ireland, Germany and even Nigeria will be among the guest speakers at a public meeting to be held in Euston, London, on Saturday 4th April, organised by the cross-party Campaign for an Independent Britain (CIB) to protest against what they see as the growing “dictatorship” of the European Union.
German campaigner against the Lisbon Treaty/EU Constitution, Henry Nitzsche, an independent member of the Bundestag, and veteran Eurosceptic Sir Teddy Taylor, a Conservative MP for over 30 years, will join labour movement activist Brian Denny of the Rail & Maritime Union
(RMT), representing Trade Unions against the EU Constitution (TUAEC), Frank Keoghan of the Irish People’s Movement, and Dele Oguntimoju of the Nigerian Movement for National Reformation in denouncing the profoundly undemocratic nature of the EU.
The meeting has been organized by the CIB in response to the recent ComRes opinion poll which showed that the overwhelming majority of the British people want the chance to vote in a national referendum on whether or not the UK stays in the European Union. In the same poll, three quarters of voters said they thought that UK politicians on the whole don’t do enough to stand up for British interests in Europe.
CIB spokesman Andy Smith said: “The tide is turning decisively against the European Union. Despite the millions of pounds of taxpayers’ money that Gordon Brown’s government and the bureaucrats in Brussels have spent on trying to persuade the British people to love the EU, all we really want is to leave it! Poll after poll shows that Britons are overwhelmingly hostile to the EU, they know that Brussels is responsible for taking away our democratic rights and that the UK’s membership of the EU costs us dearly in terms of cuts to our public services, higher taxation, and the destruction of British jobs. There is widespread recognition nowadays that we would be better off out.”
He added that the Campaign for an Independent Britain had organised this major public meeting because “we believe it is important to provide as many opportunities as possible for Eurosceptics to gather together and ‘network’, and to learn new insights into the EU dictatorship from their various different perspectives. We also felt it was extremely important to hear from people from Europe and Africa, so that we can try to understand the motivations of those people who share the British Eurosceptic view. ‘Euroscepticism’ is often seen as purely British – English in fact – and one of the aims of our meeting on 4th April is to create a broadly-based, cross-party event at which participants from throughout the EU (and beyond) and from right across the political spectrum, can meet together to plan the next phrase of our joint campaign.
“The EU wants to extend its powers even further through the Lisbon Treaty – but CIB is fighting hard to block this latest power gab. That’s why we’ve called this meeting: ‘Freedom and democracy, not EU dictatorship’. Anyone interested in attending should go to the CIB website, www.eurosceptic.org.uk.”
-ENDS
Press contact: Andy Smith, Press Officer, Campaign for an Independent Britain, tel: 07737 271676, email: press@eurosceptic.org.uk
Editor’s notes
The Campaign for an Independent Britain (CIB) is a cross-party pressure-group with a nationwide membership and a network of active local groups. CIB publishes a quarterly tabloid newspaper, Free Britain, with news and views on the EU, plus regular newsletters for its activists and a series of eye-catching public information leaflets. Its website, www.eurosceptic.org.uk, is an authoritative source of information on all aspects of Britain’s membership of the European Union. Members of CIB include prominent MPs, Peers and MEPs from across the political spectrum, as well as journalists, teachers, trade unionists, civil rights campaigners, lawyers, business leaders and local councillors. Its joint Presidents are Lord Stoddart of Swindon
(Independent Labour) and Sir Richard Body (former Conservative MP).
CIB website: www.eurosceptic.org.uk
- NOTICE OF PUBLIC MEETING -
Campaign for an Independent Britain
Saturday 4th April 2009, 2.30pm to 5pm
(FREE ADMISSION)
The Friends Meeting House, 173 Euston Road, London NW1 28J (opp. Euston railway station)
FREEDOM & DEMOCRACY
NOT
EUROPEAN UNION DICTATORSHIP
Sir TEDDY TAYLOR, Former Conservative MP: “Democracy Dying: How Parliament & people’s power have faded away because of the EU”
FRANK KEOGHAN, People’s Movement of Ireland: “The EU tramples on the democratic will of the Irish people”
DELE OGUNTIMOJU, Movement for National Reformation (Nigeria): “An unnatural Union failed the nations of Nigeria and will fail in Europe”
HENRY NITZSCHE, Independent Member of the Bundestag: “Germany and the Lisbon Treaty”
BRIAN DENNY, Trade Unions against the EU Constitution: “The Right to Work”
The Campaign for an Independent Britain (CIB)
is cross-party, non-racist & non-sectarian, supported by public donation
www.eurosceptic.org.uk
c/o 3 Stamford Drive, Groby, Leicestershire LE6 0YD
Tel : 07092 857684 email: office@eurosceptic.org.uk
EU OBSERVER 19.3.09 EU defends recovery plan ELITSA VUCHEVA
BRUSSELS - The recovery plan agreed by the EU last year is sufficient to fight the economic crisis despite what its critics say, the European Commission and the EU Czech Presidency said ahead of an EU summit.
"I think that at the moment, we have gone as far as we can in preparing the European Economic Recovery Plan," Czech Prime Minister Mirek Topolanek said at a press conference after meeting with European trade union and business leaders in Brussels on Thursday (19 March).
The debate with the groups - in Brussels parlance, the 'social partners' - is designed to prepare for a special social affairs summit in Prague on 7 May and comes hours ahead of a regular EU leaders' meeting in the EU capital on Thursday and Friday.
"There is a crisis of confidence and I think if we came on with some kind of permanent action, activism, that wouldn't install confidence. We have to implement what's been decided now and assess the impact thereof."
The EU committed ?200 billion in a recovery plan last year (around
1.5 percent of GDP). But it says that in reality, it is to spend about ?400 billion (around 3.3 percent of GDP) in 2009 and 2010, including non-discretionary public spending or "automatic stabilisers," such as unemployment benefits. Mr Topolanek's comments come as the EU faces increasing pressure to boost its plan.
American Nobel-prize-winning economist Paul Krugman earlier this week said it would need to spend around ?500 billion this year and up to a trillion in total over the next three years to get the economy going again.
Speaking at the same press conference as Mr Topolanek, European Commission President Jose Manuel Barroso argued that the existing European rescue package should be given a chance.
"Let's implement it and then of course let's keep it under review," he said. "If the message we send to our public is that our plan is not enough, that will not create confidence. We believe it's a very important effort the one that we've already decided. Let's concentrate on it and let's not all the time be ashamed of what we have in Europe," he added.
He stressed the EU's social provisions are "much stronger than any other part of the world," such as the US or Asia.
'Social deal' needed The Prague job summit will aim to tackle the social consequences of the economic crisis, notably the soaring unemployment levels in the EU, which, across the bloc, hit 7.6 percent in January.
Representatives of both EU trade unions and businesses on Thursday said they expected the Prague event to be "a success."
Expectations from this summit will be high, John Monks, general secretary of the European Trade Union Confederation (ETUC) said, calling on the EU to be "ambitious" and adopt "a new social deal."
"The EU already has successfully done ... a bank rescue in a co- ordinated way. It's done a recovery plan and I think now it needs a new social deal as a third phase that needs to be worked up."
In France, a general strike on Thursday in protest at the government's handling of the economic situation saw hundreds of thousands of people hit the streets, according to first estimates.
http://www.ashleymote.co.uk/images/mailbanner.jpg 20 March 2009
Bulgaria Lobbies for a Pro-Corruption Vote
They Picked the Wrong Man
The deputy prime minister of Bulgaria, Dr Meglena Plugtschieva, visited my office in Strasbourg last week, accompanied by an entourage of four aides. She came to plead that her country should not be penalised by the withdrawal of EU funds because it is corrupt. No, I joke not!
Last July the EU rightly suspended payments under the one billion euro allocation to Bulgaria amid evidence of systematic corruption there. Example: a road scheme funded with EU money was let by the MD of the agency managing the project to a building firm run by his brother. In another case, two men were found by OLAF (the EU’s financial investigation agency) to be running a corruption racket while enjoying the protection of ministers and sponsoring the election campaign of the president.
The timing of Dr Meglena Plugtschieva’s arrival in my office was spot on – the European Parliament’s Budget Control Committee, on which I have a seat, was to vote next week on the allocation and control of public funds.
The deputy PM argued that Greece, Spain, Italy and some other members of the EU were just as corrupt in their use of public funds as Bulgaria, so there was no reason to make her country an exception.
I listened politely, in increasing astonishment, and made a few points of my own.
Her socialist government had (only just) survived as many as eight recent votes of no-confidence, which gave me a sense of unease. I also knew that many applications in Bulgaria for EU funds were first turned down by the government, and then accepted when re-submitted by socialist supporter groups. This was denied…but it would be, wouldn’t it?
Then, when Dr Plugtschieva had finished, I asked a few simple, basic questions of my own:
1. How would she suggest I justified such a policy of irresponsible financial indulgence to the taxpayers of the UK, who would be financing such mischief to the tune of some £1500 each per year?
2. Did she approve of the EU’s new invention of “tolerable risk” which meant that up to four cent of the total budget (of over 300 billion euros a year) could disappear before anyone in Brussels got excited about corruption, fraud, waste, incompetence, and mismanagement?
3. Did she think the ‘shared management’ of financial responsibility between the EU as the source, and the member states or NGOs within them as the recipients, was a viable means of controlling public funds, and if so why? (One of the deputy prime minister’s aides had to spell out in Bulgarian what ‘shared management’ is. It seemed no-one had previously told her.)
4. Why was the endemic corruption of other governments justification for more corruption rather than less?
5. Why did she think the visit of OLAF investigators to Bulgaria made any difference to the situation, if all they found was evidence of corruption?
6. Why had the EU’s Court of Auditors visited Bulgaria only once, and then only briefly, to carry out an audit of the use of EU money by the Bulgaria government? Were they not welcome?
I don’t need to spell out the answers I got. Almost all generalised waffle about the need to stand together! She soon got the message, polite but firm - not in my office we don’t.
Dr Plugtschieva departed with my suggesting Bulgaria consider adopting the policies of the only country in the world to audit its public accounts to international financial accounting standards - New Zealand.
I also mentioned that the instigator of this remarkable achievement had made a presentation to the EP’s Budget Control Committee some three years or more ago, and that he had been totally ignored. But he has just been invited to Washington to advise the new Obama administration. To respond to, or comment on this Email, please email ashley.mote@btconnect.com
You have signed up to receive these notifications.
If you would like to unsubscribe, visit the url below: http://www.ashleymote.co.uk/includes/unsubscribe.php?unsubscribe=ph ilip@anywhere.demon.co.uk
'check http://www.ashleymote.co.uk/images/mailbanner.jpg 20 March 2009
Communists Still At the Heart of EU/NATO Affairs
The Cold War may have ended nearly 20 years ago, but we are still a long way from being cleansed of former Soviet-trained communist collaborators working in the West.
At least two current European Commissioners were educated in the Soviet Union – Siim Kallas of Estonia and Dalia Grybauskaite of Lithuania. Despite coming new to the EU, and from two of its tiniest and newest members, between them they have controlled the EU budget and the
(pathetic) fight against corruption for the last five years.
Several other Commissioners were once communists and remain sympathisers to the hard left agenda. Until he was replaced recently, Peter Mandelson was one of them.
Cleansing former traitors and collaborators remains a top priority for the eastern end of the EU and, by implication, for all other members as well.
This continuing threat has been highlighted by recent events in Estonia.
Last week an Estonian official who passed Nato and other defence and diplomatic secrets to Russia was jailed for more than 12 years, ending what investigators called “the biggest ever spy scandal in Nato history”. For many years he worked in the Estonian Ministry of Defence and, amongst other things, was in charge of issuing security clearances. He almost certainly nodded through other Russian agents.
Since the Berlin Wall came down he continued to hold high off in the Estonian civil service, under successive governments. His access to secrets and policy at the highest levels continued up to his arrest in September 2008. It is inevitable that much information about policy developments and decisions being made in Brussels found their way straight to Moscow.
Herman Simm, now 61, studied in the Leningrad police academy before joining the Estonian Ministry of Defence. He handed over more than 2000 pages of information to his handlers in Russia’s SVR Foreign Intelligence Service, according to documents linked to the investigation. He was responsible for handling all of his country's classified information at Nato, giving him access to every top-secret graded document from other NATO alliance countries.
A German official described the Russian penetration of Nato via Mr Simm as a ‘catastrophe’. He was not a relic from the days of Kim Philby. He was at the cutting edge of one of Nato’s most important new strategic missions: to defend the alliance against cyber-attack. He even headed government delegations in bilateral talks on protecting secret data flow. And he was an important player in devising EU and Nato information protection systems.
Estonia has been described as “Nato's most IT-savvy nation”. That is undoubtedly why Estonia in particular has been lobbying hard to put cyber-defence on the Nato agenda, and had set up a Cyber Defence centre in Tallinn which was supposed to help the Alliance as a whole. That project has now been compromised.
Worse, no-one now knows how and where to start again to rebuild Nato’s electronic defences against cyber-attack. They have to start again on the assumption the Russians, and others, know everything that was planned up to September 2008, and maybe are still being fed current information. To respond to, or comment on this Email, please email ashley.mote@btconnect.com
You have signed up to receive these notifications.
If you would like to unsubscribe, visit the url below: http://www.ashleymote.co.uk/includes/unsubscribe.php?unsubscribe=ph ilip@anywhere.demon.co.uk
'check http://www.ashleymote.co.uk/images/mailbanner.jpg 20 March 2009
Should Enlargement Stop?
Since the European Union is now struggling to cope with an economic crisis far beyond the experience of anyone in government today, is this not the time to stop all talk of enlargement? To respond to, or comment on this Email, please email ashley.mote@btconnect.com
You have signed up to receive these notifications.
If you would like to unsubscribe, visit the url below: http://www.ashleymote.co.uk/includes/unsubscribe.php?unsubscribe=ph ilip@anywhere.demon.co.uk
Press Release
Marine and Fisheries Agency (Communications) Area 6C, 3-8 Whitehall Place, London SW1A 2HH Tel: 020 7270 1985
Date: 22/07/2008 Reference: 09/08
Three Cheating Skippers and a Fish Merchant Face £317,000 Penalty for 'Black' Sole
Lemon Sole Three skipper owners of trawlers from Harwich, Whitstable, and West Mersea cheated on fishing allocations by failing to report the valuable dover sole they caught - so called 'black' fish - a court was told.
In total they landed 19 tonnes of sole worth £99,000 which they then sold to a fish merchant with a white van who failed to record the purchases and the submit sales notes.
In a case brought by the Marine and Fisheries Agency, the four pleaded guilty to a total of 47 specimen charges from 260 offences at two separate hearings at Ipswich Crown Court.
Because of the seriousness of the offences, Suffolk Police, in conjunction with the MFA, conducted a financial investigation under the Proceeds of Crime Act. That examined the level of criminal benefit that had been derived by the four's illegal activity going back six years from the time they were charged with a view to obtaining confiscation orders of their assets.
Victor Good, 68, skipper owner of the Allison Theresa, based at Harwich was ordered to pay an £80,183 confiscation order within 28 days or face a prison sentence of two years.
And on five counts of supplying false information and five counts of making inaccurate landing declarations Good was fined a total of £25,000 with a further £13,500 costs.
Trevor Mole, 56, of West Mersea, Essex, skipper owner of the Rebeccan was ordered to pay a compensation order of £63,278; £5,000 in fines for four offences of making false landing declarations, and a further £5,000 in costs.
Stephen Barnes, 48, of Whitstable, skipper owner of the trawler Our Sarah Jane was ordered to pay a confiscation order of £70,000 and fines totalling £12,000 for 17 offences. He will pay another £9,146 in costs.
The court heard by failing to report the sole they caught the fishermen were cheating on EU and UK fishing rules which imposes limits on catches to protect fish stocks.
They landed their 'black' fish at Harwich, West Mersea, and Whitsable.
Their criminal actions enabled them to carry on fishing after they had caught the amount of sole to which they were legally entitled.
The fish merchant who bought the sole, Kamil Kolancali, 54, of Nanne and Son of Boston, Lincs., picked up the fish in a white van, the court was told. He then sold it on at fish markets in France, England and Belgium claiming it was being sold for the first time.
Kolancali was ordered to pay a confiscation order of £10,000, fines of £12,500 on 16 specimen charges of failing to submit sales notes on first purchase of fish and £12,500 in costs.
The MFA launched a 14 month investigation in 2005 after fishery officers suspected that large quantities of sole were being caught which was not showing up in the records they received.
Judge Neil McKittrick told Ipswich Crown Court said: "The regulations are there for a purpose, they are not perfect. They are there to preserve fish stocks so that the UK and Europe can continue to enjoy fish."
An MFA spokesman said: "Undeclared or 'black' fish reduces the price fish on the legal market. This was a serious 'black' fish case where these three trawler men cheated on the fellow fishermen by not declaring what they had caught.
"The rules are there both to protect fish stocks for the future and at the same time to allow fishermen to take their fair share of what is a national resource."
Notes to Editors
The Marine and Fisheries Agency is an executive agency of Defra which is tasked with service delivery, inspection, and enforcement of the fishing industry and other marine users in England and Wales. The MFA has overall responsibility for the enforcement of the Common Fisheries Policy (CFP) and its associated regulations within the 60,000 square miles of English and Welsh waters. Any vessel, regardless of size or nationality, fishing in British waters is subject to inspection which is designed to conserve fish stocks and protect the interests of the fishing industry as a whole. MFA's key objectives are: •to be a key partner in the management of marine fisheries •to enforce regulations, professionally, consistently and fairly •to contribute to the sustainable use of the marine environment •to provide specialist information to inform the development of policy and its effective implementation. MFA press contact: Peter Hooley 0207-270-1985 / 07771-505-655
+++++++++++++++++++++++++++++++++++++++++++++++++++=
Fishing News article 21 Nov 08
£21.000 PENALTIES SLASHED TO JUST £40 Appeal Court cuts Thames skipper's black fish fines and costs
A skipper hit with a swinging £21,000 financial penalty for under-declaring his catch had the order slashed to just £40 by sympathetic judges last week.
Stephen Barnes of Sheerness, Kent, was left with a bill totalling £91,146 after admitting four counts of failing to submit an "accurate landing declaration" over his Dover sole catch.
Judge Neil McKittrick imposed the orders on him at Ipswich Crown Court in July after Mr Barnes -- skipper/owner of the trawler 'Our Sarah Jane' --admitted the charges, along with 11 similar counts for which he received a separate penalty.
The judge's sentence comprised a £70,000 confiscation order, a £12,000 fine, and a prosecution costs order of £9,146.
Stephen Barnes was one of three skippers and a fish merchant who were heavily fined and had confiscation orders imposed for offences related to over quota Dover sole landings (FN 25 July 'Massive balck sole penalties')
The case was heard in London's Appeal Court last week, where Stephen Barnes successsfully challenged the fine and costs order -- which totalled £21,146 -- claiming they were disproportionate to his offence.
The £70,000 confiscation order had already threatened his livelihood, the court heard.
Mr Justice Beatson said Mr Barnes would have to take on additional loans to pay off the fines and costs order, adding that the value of his £100,000 vessel should not have been taken into account when the judge considered what fine to impose.
Having passed the confiscation order, the sentencing judge failed to take "sufficient account" of how 48-year-old Mr Barnes would pay off the fines, said the judge, who was sitting with Lord Justice Moore-Bick and Judge Peter Jacobs.
The amount of the confiscation is now also subject to review and challenge in the Crown Court.
The over quota offences dated back to 2005 when under-declared fish was sold to the value of £25,309, the court heard.
The fish merchant who bought the sole, Kamil Kolancali, 54 of Nanne and Son, of Boston, Lincs, picked up the fish in a van, selling it on at fish markets in France, England and Belgium.
Kolancali was ordered to pay a confiscation order of £10,000, fines of £12,5000 on 16 specimen charges of failing to submit sales notes on first purchase of fish, and £12,5000 in costs.
The MFA launched a 14-month investigation in 2005 after fishery officers suspected that large quantities of sole were being caught which were not showing up in the records they received.
Mr Justice Beatson ruled the £21,146 fine and costs order were excessive, and reduced them to a "nominal" £40.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Shopping Cart Shopping Cart Product Details Blackstone's Handbook for Magistrates
Blackstone's Handbook for Magistrates By Neil McKittrick, JP, LLM, Pauline M. Callow
Price:
This item is not available for purchase from this store. Click here to go to Amazon to see other purchasing options.
13 new or used available from £17.66 Average customer review: []
Product Description
Intended for newly-appointed lay justices as well as the more experienced magistrate. This book provides the answers to queries about the nature of a magistrates courts; the kind of cases heard there; and the methods use to assess evidence, make decisions, grant or refuse bail and decide sentence. The jurisdiction, procedure and powers of the court are explained, allowing for a deeper understanding of how things are done and why. It also explains how the lay person is given the authority and competence to "do justice according to the law" in courts throughout the country.
Product Details
•Amazon Sales Rank: #139430 in Books •Published on: 2000-02-01 •Original language: English •Binding: Paperback •228 pages
Editorial Reviews
About the Author Neil McKittrick is a District Judge (Magistrates' Courts) and Recorder of the Crown Court, presently based in London. Pauline Callow, JP, LLM, is a lay magistrate in North London.
Customer Reviews
Gripping reading, a truly comprehensive account.[] This book offers everything to the novice magistrate, as well as being a comprehensive account of the court system. My congratulations to the authors for providing such a worthwhile synopsis of one of the fundamental constitutional institutions.
Posts
