THE HANDSTAND

AUGUST-SEPTEMBER2009


For the Attention of:
President of Ireland Mary McAleese
Aras as Uachtaran
Phoenix Park, Dublin.

November 12th 2009

Dear President,
It is the firm view of the National Campaign for Referendum on NAMA that this bill passed on November 12th 2009 is fundamentally in conflict with the original aims, intention and purpose of the 1937 Constitution.

The Constitution of Ireland 1937 and subject to the terms of Article 50 incorporating the laws of Saorstat Eirann we believe never envisaged such a radical transfer of the nation's financial resources through NAMA to private credit institutions outside the purview and normal functioning of our social democratic State.

Since the foundation of our State the government has always had power under our Constitution to raise and spend revenue in the normal course of events, ie. to set yearly budget estimates, followed by a budget for the purpose of raising revenue and spending same. This was always carried out in a public context and with the interest of the public in mind, ie. the welfare of the Irish people as a whole.

The radical transformation from this approach through the NAMA legislation is a fundamental shift of public policy government to the aims and objectives of unfettered market economics - that very system itself which through its failures has seen the world twice in our lifetime come to near ruin, once in 1929 and now in 2009.

It is our contention that the authority of our government under Saorstat Eireann and the 1937 Constitution never had the power, and it was never envisaged that such a fundamental transfer of public resources to private credit institutions should ever occur, and in fact under law was never countenanced.

The de facto effect of this transfer through the support of the Frankfurt, European Central Bank, is to subjugate the productive efforts of the Irish people into the future to the needs and demands of private credit. From a human rights perspective this is in effect a new form of "white slave trade", where the interest of greedy financial adventurers and profit driven individuals is to be paid for by the Irish people, ie. the tax payer who had no hand nor part in drawing up, signing or agreeing to these massive private credit arrangements.

We believe that this fundamental shift in public purpose democratic government is such that its constitutionality should be tested before the Supreme Court.

We further believe that the profound implications for the future well being of the Irish people requires that you as President seriously consider these matters and if there is any doubt should refer this bill to the Supreme Court.

Yours sincerely,

Mr Emmanuel J Sweeney LLB
Director Campaign for Referendum on NAMA
086 863 6079