For the Attention of:
President of Ireland Mary McAleese
Aras as Uachtaran
Phoenix Park, Dublin.
November 12th 2009
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
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
Mr Emmanuel J Sweeney LLB
Director Campaign for Referendum on NAMA
086 863 6079