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RACISM OF IRISH GOVERNMENT. CONSENT OF EUROPE
Mago Merlin - 30.01.2006 19:44
The free movement of workers is claimed within the EU but now with reduced, curtailed rights, workers moving from one country to another find themselves discriminated against. In effect they are being recast as second class EU citizens, only achieving first class status when it comes to pay taxes.
October 1st, 2005
To sign a Petition:
 http://www.thepetitionsite.com/takeaction/339159202?ltl=1138646526
If you are living in Ireland
and are from one of the following countries:
Belgium France Germany Italy
Luxembourg Netherlands Denmark Greece
Spain Portugal Austria Finland
Sweden Cyprus Czech Republic Estonia
Hungary Latvia Lithuania Malta
Poland Slovakia Slovenia ...
allegedly covered by EU regulations, anyone may still believe that:
You and your country fellows are entitled to the same benefits and services from the government as nationals of Ireland and the U.K.
You cannot be excluded from these benefits on grounds of nationality, for reasons of residence, or for any other discriminatory reason.
That’s not the case since 1st May 2004.
The Ministry for Family and Social Affairs - with the aquiescence of the European Commission - made so-called fundamental principles like equality of treatment and freedom of movement and the notion of a single market and citizenship look a big lie.
17 months ago, new convenient pseudo-rules were introduced to prevent "foreigners" claiming some social security services, by allowing designated Deciding Officers to reject their applications on grounds of "residence" in a widely arbitrary way.
http://www.welfare.ie/publications/sw108.html
The free movement of workers is claimed within the EU but now with reduced, curtailed rights, workers moving from one country to another find themselves discriminated against. In effect they are being recast as second class EU citizens, only achieving first class status when it comes to pay taxes.
This represents a few issues:
DISCRIMINATION
Directly discriminates against non-"residents" (freedom of movement?).
As collateral damage, this could affect national migrant workers as well as missionaries. Sorted by now.
http://www.welfare.ie/press/pr04/pr200804.html
Indirectly discriminates against non-nationals (equality of treatment?).
The ultimate intention being to discriminate against nationality. Partly accomplished already.
http://europa.eu.int/youreurope/nav/en/citizens/factsheets/eu/socialsecurity/equaltreatment/en.html
AUDACITY
You are supposed to prove that you have been permanently living in Ireland, you intend to make Ireland your permanent home, your family is here, and so on, and even so, you may not qualify.
If applicable, you should justify the length and reason for any absence from the Common Travel Area (the British Isles have a traditional agreement on -this one is true- freedom of movement).
Habitual residence means you have a proven close link to Ireland. It affects all applicants regardless of nationality.
Too smart for their own boots.
ARBITRARINESS
Based on a highly abstract and vague phrasing of these rules (Five factors are considered when deciding whether you are habitually resident, The list is not exhaustive, You are likely to satisfy the Habitual Residence Condition if, The evidence we apply to each factor depends on the facts of each case), its application in reality is arbitrary, which makes it even more discriminatory, allowing Deciding Officers to consider your "residency" as they please.
HRC section wouldn’t deal with public, are hardly accessible by phone of would claim they don’t have to give you the reasons of their rejecting your condition of "residence"; you are informed in writing - by someone you have never actually met - that Ireland is not your centre of interest (???).
ANNOYANCE
If you go through all hassle involved in collecting any documentation that substantiates your permanence and degree of integration here.
If you invest the time and money you could be employing seeking employment.
If you fill in all the forms.
If you wait what it takes for a decision.
If you could be bothered waiting up to 6 months for an appeal.
If you are lucky they don’t want to be too picky you may be granted the assistance they admit at this moment on time you were entitled to and you needed 8 MONTHS AGO!
Else, your money saved, your money earned.
A brilliant idea to boost our economy.
SHOW
This is how we keep up a show.
After a thank-you-for-your-application and a however-we-need-more-information-to-decide-if-you-are-habitually-resident-in-Ireland, it is stated:
If you have lived in the Common Travel Area all your life, complete only Part 1 and the declaration.
If you have not, complete all parts and the declaration.
Part 1 is your personal details, which are already filled in elsewhere. The rest (7 pages) is the interrogation to verify your "degree of foreigner".
This is how this applies to "everybody".
IMPERTINENCE
- You have the right to be treated equally. Your nationality cannot be taken down and given in evidence. We need to ask you a few questions to figure it out by ourselves:
Countries you have lived before, links abroad, reasons you are in Ireland and how long you plan to stay, all the details about your family, friends and partner who, if they are abroad, we need to know where and any plans you have made for them to join you.
It’s not nosy. It’s very important.
IMPROVISATION
A lot of confusion and discrepancies between different Deciding Officers, at the start, made it even more ridiculous. Trying to avoid that, guidelines are more "specific":
http://www.welfare.ie/foi/habres.html
It’s all clear now.
RIP OFF
Grant "work-only" status to non-"residents" (their obligations as contribution payers are intact) while denying the same social security that nationals would have when unemployed. This means: you are welcome by the government to come over, as long as you work and pay taxes which help cover social security for "residents". As soon as you are unemployed you are not entitled to the same benefits, you become a "foreign burden" for the state, your only option being to go away.
How convenient!
INSOLIDARITY
Loads of controversial funding received at the time when Ireland needed to catch up "European level".
http://www.shef.ac.uk/uni/academic/N-Q/perc/dev/papers/kirby.pdf
With fears of welfare system being abused by now poor countries but the need to welcome that new workforce, they could have denied them work permits for up to seven years but rather went for the "smartest" option: accept workers as bargain citizens (with rights discount).
http://www.entemp.ie/press/2004/20040304b.htm
REGRESSION
The same rules had to apply to ‘old EU citizens?and so they have lost some rights they have had once upon a time.
It is not acceptable that, while some countries are making efforts to gain access to the EU, Ireland - once already joined it and got all the support - are giving steps back towards unification.
ABERRATION
Ridiculous situations have been arisen where people have been granted Social Welfare, i.e. considered a resident before the introduction of the regulations; found employment and/or education, become unemployed after regulations came into force and then are no longer considered residents and have thus been rejected from Social Welfare entitlement.
They are of course permanently registered in Ireland.
ATTITUDE
This is originated from and originating racist ideas and attitudes. It is OK for a person that "belongs here" to have social assistance but it is not OK for a "foreigner" as they are benefit tourists. No attention is given to the fact that some "residents" may as well take advantage of the system as "benefit scroungers". However, only "foreigners" are to blame for an out of control system, which is an embarrassment for Irish population and an insult for foreigners.
http://politics.guardian.co.uk/homeaffairs/story/0,11026,1154921,00.html
http://www.cwc.ie/news/art04/nccri.html
This situation is being reflected on social welfare offices, where traditional Irish hospitality is increasingly becoming genuine awkwardness.
DIVISION
A wall is clearly traced on the English Channel where originals from this side have more privileges, and real freedom of movement is enjoyed within this area, between which and Continental Europe is not any more.
UNFAIRNESS
It works only 1 direction. Irish people are able to claim Social Welfare in the same conditions (or better as they would obviously need it more in a foreign country) when they are living in some of the other EU countries.
CONTRADICTION
It contradicts and undermines fundamental EU principles, enshrined in the EC Treaty.
Ireland and the UK have ratified the Treaty of Nice (entered into force on 1/2/03) in 2002, and want a European Constitution, under which, this is illegal.
Likewise, these governments are contradicting the standstill clause, which means that the existing Member States cannot make access to their labour markets by workers from the new Member States more restrictive than it was at the date of signature of the Accession Treaty on 16th April 2003.
HYPOCRISY
A complaint has been sent to the European Commission on 17/12/04 on an individual’s behalf. It got replied on 24/01/05:
The Commission is currently examining this new Irish legislation introducing a habitual residence conditions for the entitlement to certain Irish social benefits. A letter of formal notice has already been sent to the Irish authorities.
We have therefore not registered your case as a complaint, but keep you informed about the outcome of this proceeding.
Nothing else has been heard since.
PRECEDENT
Discrimination "a la carte" is an option if it suits a government’s economical interests. It can even be written down as a rule. What next?
Our demands
Compensation for all people affected by this outrage.
Immediate abolition of the habitual residence condition.
More information
Press releases:
http://www.siptu.ie/news/pr.php?id=1308
http://www.nccri.com/pressFeb05.html
Opinion:
http://www.indymedia.ie/newswire.php?story_id=63631
http://www.indymedia.ie/newswire.php?story_id=63681&print_page=true&include_comments=true
http://www.indymedia.ie/newswire.php?story_id=64014&topic=eu&results_offset=60
Interview:
http://www.radio.cz/en/article/52526
Breaking news:
The new appointed minister on 29/9/04, promised to do something about it. Besides the new guidelines about how to be specifically racist and equally discriminate against indiscriminately, and he recommends for the Child Benefit that, a Deciding Officer should have due regard to EU law when deciding such cases because In general EU law takes precedence over National Law. We don’t want to be too hard on the little lads so let’s abide by the law in these cases.
FALACIES
Watch carefully the tricky sentence: You are likely to satisfy the Habitual Residence Condition if you have lived in the Common Travel Area for the last 2 years or more, have worked in the Common Travel Area and now live in the Republic of Ireland, which spreads the rumor that access to social welfare is prohibited only until you are at least 2 years here.
Trap. If you are here for 2 years or more you are turned down on grounds of your having casual jobs or any other "relevant factor" that applies to your case. If you had a stable job you would be applying to contributory benefits, so this condition is passed by foreigners only after quite a few years.
Challenge number 1 to the government: to show us how long has been the minimum length of time with which anyone has qualified for this condition and how many of them.
No matter how insistently they keep saying this is not based on nationality:
Challenge number 2 is the percentage of Irish nationals* (0 is a percentage) that have not passed it.
*Or people appropriate to the Irish social welfare system if they prefer to call it that way.
SILENCE
As well anticipated, an influx of immigrants are not likely to take any action. Being discreet about something illegal only requires the "European Communion" and to keep some unions and "NG"O’s quiet enough.
This is how NCCRI "tackles" discrimination:
http://www.nccri.com/submissions/04AprHRC.pdf
IMPUNITY
http://www.cpag.org.uk/campaigns/press230304.htm
http://www.eubusiness.com/Employment/040323124034.d1icyhau*
Points to be developed about:
a connection between an employment seeker and the employment market of that state should be established:
The connection between the seeker and the single market is the connection between the seeker and the employment market of that state and vice versa.
The residence period should not exceed what is necessary in order to be satisfied that the person concerned is in fact genuinely seeking employment in the member state in question. 2 years (if it were true) is more than a prudent period of time.
How come the connection or close link to Ireland comes into this game?
To sign a Petition:
http://www.thepetitionsite.com/takeaction/339159202?ltl=1138646526
 Website: http://www.geocities.com/habitualresidencecondition
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