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National Maternity Hospital, why Government’s deal with St Vincent’s Holdings is no good

On Thursday 5 May 2022 our Taoiseach Micheál Martin told our TDs a lot more about the deal our Government and Department of Health propose to make with St Vincent’s Holdings CLG, about building our new National Maternity Hospital that is set to be next to St Vincent’s Hospital in Dublin 4.

We now have enough information, from the Government, to show to our TDs and Senators how the plan is ridiculously elaborate, is likely to go wrong, and is quite unlike the normal and natural plan for a democratic secular state to build a very important hospital for all the people. The documents which we can read do not guarantee that the new National Maternity Hospital will exclude prohibition of treatments of which the Roman Catholic church does not approve.

  1. The St Vincent’s Holdings CLG promises to do healthcare through St Vincent’s Healthcare Group, and the Healthcare Group clearly must follow the mission and core values of Mary Aikenhead its founder
  2. The Lease which the St Vincent’s Holdings has proposed to the State will cost us €10 per year, but if the State ever tries to buy the freehold, St Vincent’s Holdings will make us pay €850,000 rent per year
  3. There is enough information available now that a reasonable TD or Senator will vote against this deal, and will favour building our new National Maternity Hospital on freehold land entirely in our control through our Department of Health and our Health Service.

Visit, email, message, or call all the TDs and Senators in your constituency and tell them to stop this ridiculously twisted plan that is almost sure to let the Roman Catholic church limit the service that we and the next generations of people can obtain – and to instead build the new National Maternity Hospital on land which we and our Government own in freehold

CLG means Company Limited by Guarantee.

The Religious Sisters of Charity, and the St Vincent’s Healthcare Group (which the Sisters own, and which has owned St Vincent’s public hospital Dublin 4, St Vincent’s private hospital Dublin 4, and St Michael’s hospital Dún Laoghaire) in recent weeks have transferred the 3 hospitals and the adjoining land in Elm Park Dublin 4 to this new company St Vincent’s Holdings CLG. That land includes the land on which the National Maternity Hospital was to be built.

Here are 2 important facts, and it is the rent in the Lease which our Government told to our TDs that creates the greatest tie on how the new hospital will operate.

A Lease for 299 years, with annual rent €10, or, if the State does not follow 6 conditions, €850,000

You can read the 6 conditions in the Journal and in the Irish Times, and the Lease itself. Some newspapers have called these conditions 1 to 6, but in the lease they are (a) to (f).
Condition (f) creates the greatest limit, that the Health Service Executive (HSE) does not try to acquire the St Vincent’s Holdings’ interest, that is, does not try to acquire the freehold. Conditions (a) to (e) are about the State keeping a hospital there and not using the land for anything else.
Here is Condition (f) –
(f) the Tenant does not exercise a right pursuant to the Landlord and Tenant
Acts to (i) extend the term of the Lease (ii) acquire a reversionary lease or (iii)
seek to acquire the Landlords interest
.

Condition 6 reveals a great drive to tie our Government and State, particularly to stop the State owning the freehold, or to penalise us if we try to do that. If our Government succeeds in the future in buying the freehold, there will no rent, but if it tries and fails, the St Vincent’s Holdings’ will penalise us €850,000 per year thereafter for trying.

Clinically Appropriate, in the Constitution of St Vincent’s Holdings

At page 2, section 3 “Main Object”, of the Constitution of St Vincent’s Holdings CLG, the Main Object is to advance healthcare in Ireland, and provide patient care. Its patient care will comply with the laws of Ireland and with national and international best practice guidelines on medical ethics.
At the foot of Page 2, section 4 “Subsidiary Aims” begins, while all the particular subsidiary aims are on Page 3.
At page 3, section 4.6, St Vincent’s Holdings CLG will be true to its core values – this means the core values of St Vincent’s Holdings.
(a) Human Dignity: respect the dignity and uniqueness of each person
(b) Compassion: accept people as they are, bring empathy and care to all
(c) Justice: act with integrity which respects the rights of all
(d) Quality: strive for excellence in all aspects of care
(e) Advocacy: speak for the voiceless, act with and for them to achieve the appropriate quality of care

You could consider if the appropriate quality of care is what the individual doctor would give, the care which the person who attends the hospital desires, if that is a termination of pregnancy; or will the St Vincent’s Holdings’ view of appropriate quality of care prevail, and a termination would then not be appropriate though that is what the person desires.
A person might also consider if the “national and international best practice guidelines on medical ethics” are the guidelines of the World Health Organisation (WHO), or, are the guidelines of the Roman Catholic church (which is also international). We don’t know.
The Constitution of St Vincent’s Holdings CLG does not mention the Roman Catholic church or the Religious Sisters of Charity, or any principles which they have followed. We know that both the Church and the Sisters have had ethical rules that prohibit abortions, sterilisations, and in-vitro fertilisations (IVF).
At page 3, section 4.4, St Vincent’s Holdings CLG states that it will advance medical education, promote medical research and patient care in all areas of medicine through the St Vincent’s Healthcare Group …

The Constitution of St Vincent’s Healthcare Group starts with this –
Preamble: St Vincent’s Hospital, the first hospital of the St Vincent’s Healthcare Group, founded by Mary
Aikenhead as part of her mission to provide Service to the Poor. It was funded by a fellow Sister’s
dowry, was established in a house on St Stephen’s Green in 1834.
In the continuation of the fulfilment of this mission St. Vincent’s Healthcare Group will strive to:

– followed by Core Values that are similar to those in St Vincents’ Holdings’ constitution.
I think that Mary Aikenhead’s mission and core values were to give healthcare according to the principles (and limits) of the Roman Catholic church.

Thus it is clear that we have no guarantee that the new National Maternity Hospital will have secular ethics and a secular version of what is clinically appropriate, though the draft NMH Constitution‘s Principal Object explicitly excludes any religious ethos. The HSE wrote this draft. However, the NMH Constitution can hardly stand legally higher than the Lease which allows our Health Service to possess the land.

A List of Procedures that will be Permitted in the new Hospital could not include reproductive procedures that have not yet been developed

To ensure the continuation of all present procedures, in the present National Maternity Hospital, which the Roman Catholic church prohibits, some people have proposed a list, and the Lease or Contract would specify these as to continue to be performed.
This will not deal with reproductive procedures that have not been invented yet. It is possible that testes and ovaries grown in laboratory containers, from stem cells from one person of a gay couple, could be done. This would let the couple both be biological parents of their child. You might imagine some other procedure that can’t be done now, but will become possible in the future.

Thus the solution of a list of particular procedures to definitely be allowed will not be a solution to the interference of Roman Catholic ethos in the hospital.

So – visit, email, message, or call all the TDs and Senators in your constituency and tell them to stop this ridiculously twisted plan that is almost sure to let the Roman Catholic church limit the service that we and the next generations of people can obtain – and to instead build the new National Maternity Hospital on land which we and our Government own in freehold

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Mid-West Humanists send submission to Department of Education on strategy 2016-2018

The new government that formed in 2016 made a Program for Government. This includes chapter 10 (page 86) on Education.

The Department of Education and Skills asked people for submissions on the Program, to contribute to the Department’s strategy for 2016 to 2018. The strategy was online, but is not available since the date for receiving submissions. They published a survey form with their set of questions. They set Wednesday 08 June 2016 as the last day for submissions.

The Mid-West Humanists have sent a submission early on 08 June 2016.

Our submission concentrates on secular education, how this is more important than a greater variety or diversity of patrons for schools (that plan is in fact a mistake); and on how the Minister and Department of Education and Skills can make all National Schools fairly secular by instructing those schools to follow the System of National Education (as their leases oblige them), Rule 69 of the Rules for National Schools of 1965, and Article 44.2.4 of Ireland’s Constitution.

Submissions will be available on the Department’s website, but we also show our submission here.

Continue reading

Election Candidates’ intentions on Secular Constitution, Laws, Regulations

The General Election is to be on Friday 26 February 2016.

The Mid-West Humanists suggest that voters who favour a secular society ask General Election candidates if they support the following changes to enable a Secular Society.

You can download the Mid-West Humanists’ leaflets from our Aims and Media page, if you wish to give a leaflet to a candidate.

You can read the particular Acts mentioned, and the Constitution, on the Irish Statute Book online.

Top Priority Changes

Secular Education

Does the candidate agree to vote for the following new laws, or to support the Minister for Education changing the regulations: –

  1. Repeal Section 7(3)(c) of the Equal Status Act 2000. At present, this states that a school giving education in an environment that promotes religious values can prefer to take a child with a particular religion over others. If this section were repealed, Section 7(2) would prohibit discrimination in a school under the 9 grounds described in Section 2 of the Act. Religion or its absence is one of the 9 grounds.
  2. Amend Section 37(1) of the Employment Equality Act 1998. At present it allows an employer to prefer a job candidate over another candidate in a way similar to the Equal Status Act (above), if the employer is a religious, educational, or medical institution. Ask that “educational, or medical” be removed, and that “religious” as applied to an institution be defined strictly as when the institution’s only purpose is a religious purpose.
  3. Amend Section 15(2)(b) of the Education Act 1998 so that schools would not be required to have their own “characteristic spirit” (you may hear people speak of “ethos”), and that instead all schools would be required to respect the human rights of children.
  4. That the Minister for Education and Skills would send a circular letter to all National Schools, directing that Rule 69(b,c,d,e) in the Rules for National Schools 1965 is still in force, and thus that National Schools must follow the System of National Education (as each National School’s Lease directs). Rule 69 and the schools’ leases require that a pupil must not receive, nor be present at, any religious instruction of which the child’s parents or guardian have not approved; and that the timetable must make it easy for children to be absent from the school during such instruction.

Constitution

Does the candidate agree to vote for a referendum to let us the people decide the following: –

  1. Remove the sentence that makes Blasphemy an offence – Article 40.6.1.i, 3rd paragraph.
  2. Remove mention of a god from the declaration on starting work as a judge (Article 34.5.1), as President (Article 12.8), or one of the Council of State (Article 31.4). Tell the candidate that to give a judge a choice of a declaration with god and a declaration without god would be a mistake – judges would be marked as religious or not religious and some parties in court cases would see them as biased. Tell the candidate you seek one declaration with no mention of a god.

Other secular changes

Secular Health Services

Does the candidate agree to vote for new laws, or to support the Minister for Health changing regulations, so that all hospitals and professionals that receive public money to provide health services for people (which is generally without any reference to the religion of a patient) must provide all treatments that are within the law? This would stop hospitals, doctors, or pharmacists refusing to provide, for example, certain forms of birth control, by saying it is contrary to their ethics.

Constitution

Does the candidate agree to vote for a referendum to let us the people decide the following: –

  1. Remove Article 40.3.3 (the 8th Amendment, that prohibits nearly all terminations of pregnancy)
    This request, like the other requests for referenda, does not mean that either you as a voter or the candidate (if elected) would vote for removal on referendum day. In asking the candidate for a referendum, you are only asking for reasonable democracy.
  2. Remove the following words that involve god and religion
    1. Remove words about the Trinity and Jesus Christ from the Preamble.
    2. Remove power deriving under God from Article 6.
    3. Remove homage, worship, reverence, respect due to God, that is, remove Article 44.1.
    4. Remove the glory of god (glóire Dé) from the Epilogue.

You can read the particular Acts mentioned, and the Constitution, on the Irish Statute Book online.

You can download the Mid-West Humanists’ leaflets from our Aims and Media page, if you wish to give a leaflet to a candidate.

Mid-West Humanists thank Minister on Rule 68

The Mid-West Humanists met the Minister for Education and Skills, Jan O’Sullivan T.D. on Friday 11 December 2015, to thank her for deciding to remove Rule 68 from the Rules for National Schools 1965.

Jack Little, Patricia Murray, Peter O'Hara at the Minister's clinic

Jack Little, Patricia Murray, Peter O’Hara at the Minister’s clinic

We show the text of Rule 68 at the end of this article.

From the meeting we learned that the Minister is considering whether to delete part 1 of Rule 69, as it favours asking the father rather than the mother about the religion of the child. Further, it is contrary to human rights conventions that parents should have to reveal their religion.

However, the Mid-West Humanists said to the Minister that the remainder of Rule 69, parts 2 to 5, should be retained, because these direct schools not to give to a child any religious instruction of which  the parents or guardians do not approve.

The Mid-West Humanists also said to the Minister that Rule 2 particularly should be retained. Rule 2 copies the guarantee, in almost identical words, of Article 44.2.4 of the Constitution, that a child has a right to attend a school receiving public money without attending religious instruction at that school.

The Minister said that on deleting Rule 68, in January 2016, she will send a circular letter to each of the 3200 National Schools to inform them of the change. The Mid-West Humanists asked the Minister to consider in that circular letter reminding all schools that they are obliged to obey particularly Rule 2 and Rule 69.

You can obtain the Rules for National Schools 1965, as

Rules 1 to 51- Part 1
Rules 52 to 111- Part 2,
Rules 112 to 165- Part 3, and
Schedules 1 to 18- Part 4.

The Rules mentioned now follow.

Continue reading

Mid-West Humanists ask Minister for Education not to entrench religious control of National Schools

A delegation from the Mid-West Humanists met Jan O’Sullivan T.D. Minister for Education and Skills on 24 April 2015, about the Leases of National Schools.

Our National Schools – origins and rules

Now most people believe that our National Schools are tied to principles of various religions (mostly the Roman Catholic religion).

Well, the popular awareness of the origin of National Schools is correct, that the United Kingdom government set them up from 1830 onwards. The government wanted Trustees for each school to include people of a mixture of religions. No such mixed Trustees volunteered, and only sets of clergy of a single religion became Trustees. From the religion of the Trustees, National Schools got called Roman Catholic schools, Church of Ireland schools, etc.

Historians have described the one-religion nature of every set of Trustees as the churches subverting the UK government’s plan. However the plan was subverted only in that the Trustees do not include a mixture of religions.

The Lease of each school vested the running of the school in Trustees, who thereby promised to run the school by the Lease and by the rules from the Minister for Education. From the beginning to the end, the Leases did not mention a religion.

The Leases write “…the object of the system of National Education is to afford Combined literary and moral, and Separate Religious Instruction to children of all persuasions, as far as possible in the same school, upon the fundamental principle that no attempt shall be made to interfere with the peculiar religious tenets of any pupil.”

This may be a surprise to readers, as our National Schools are indeed controlled by clergy of religions – and to most people this includes the idea that those clergy as Trustees run the schools in the style of that particular religion, and that they are entitled to run them in a religious manner. This is actually contrary to the statement in the Lease that we just mentioned. Continue reading

Mid-West Humanists’ letter to Minister for Education and Skills on National School Leases and the model Deed of Variation

The Mid-West Humanists met Jan O’Sullivan T.D. Minister for Education and Skills on 24 April 2015.

We asked the Minister not to change the Leases of National Schools via a 1997 model Deed of Variation.

In another post we explain about National School leases.

We show here the letter which we gave to the Minister, in which we explained our concerns.

 

—————————————————————-

24 April 2015

To Jan O’Sullivan TD, Minister for Education and Skills

Deeds of Variation should not be applied to National School Leases

Dear Minister O’Sullivan

 

Summary

  1. We seek information on whether (and if so, when) the Department of Education and Skills plans to apply the Deeds of Variation to the leases of schools, Deeds that were first drafted about 1997.
  2. We ask that the Leases of Primary (National) Schools not be altered as in the model Deeds of Variation of 1997 or as in any similar model. The schools are now managed by persons or groups of persons who belong to particular religions, and, contrary to popular belief, their leases (which are their agreements with the Department) do not restrict the operation of the schools to fit with those religions, and are quite neutral about religion. (The Education Act 1998 requires a school to have a characteristic spirit, but this is not solely about religion, and the schools’ leases of which we know do not determine any aspect of the characteristic spirit.)

We seek that the leases not be changed according to the model Deed of Variation of 1997 or similar model, because the present leases would allow a school to be secular in many aspects, and the varied leases would make each school tied to the particular religion. Between 1997 and 2015 society in Ireland has become more secular; it has not become more religious. Continue reading

Respect for persons; no respect for ideas; Limerick school was right to let Charlie Hebdo in the classroom

While I would like to vote in a referendum to remove the sentence from Ireland’s Constitution that makes blasphemy a crime, I am writing now to help distinguish between (1) respect for humans and their rights, and (2) culture and ideas (including religious culture and ideas) having no rights to respect. Instead, ideas should be open to criticism, and people have rights to make criticism and to live in a society where other people make criticisms too.

Especially when you are a child, but also throughout all of life, a really good society is one where various people are making criticisms of various ideas and elements of culture and society, with no long intervals between such criticisms both in the public news and in your private life. In so far as I have a right to have a good society in which to live, I have a right to such criticisms going on all the time.

 

The Limerick Leader reported on 05 February 2015

that a teacher at Limerick Educate Together School recently asked pupils to bring in matter relevant to the French Revolution of 1789 and freedom of speech; and a pupil took in a copy of the Charlie Hebdo of 14 01 2015, which the teacher showed to the pupils, and this offended a pupil who is Muslim;
and –
that a parent of this second pupil, as well as complaining to the school, gave the following view to the Limerick Leader – that the cover picture has caused great insult within the Islam community in Ireland and the world; and that the child was “subjected” to seeing the magazine; and that parents teach children to have respect for all peoples and for their cultures and for their religions, of which educators should be mindful. This read as if the magazine being shown in the class took away from such respect.

I agree fully with respect for all people, but disagree entirely with the idea of an obligation to have respect for any culture.

1. I favour respect for all persons and their legal, constitutional, and human rights, and the special rights of children: and special rights means, because they are growing up, that children need both protection from dangers AND open availability of information so that they can grow into good citizens, which includes understanding the cultures of the society in which they live.

Continue reading

Blasphemy outlawed in the Constitution – why we should remove this urgently

Pakistan quotes Ireland’s law against blasphemy to defend against democratic countries urging them to abolish it. Laws do maintain culture within a society, and the culture in Pakistan against blasphemy has resulted in the murder of – people released from a blasphemy charge, a lawyer who defended an accused, a judge who did not make the popular decision, and a state governor who had spoken in public of the problems with this law and favoured repealing it.

These murders contribute to views that to kill people who blaspheme (and anyone who favours the “blasphemers”) is right and reasonable. This contribution probably extends, at least indirectly, to those who did the murders on 07 01 2015 in Paris.

To prohibit blasphemy does not add to freedom of religion; it reduces it

Religions have rules. There are usually rules about what you will think or believe, mostly about the god and related people or things. A second set of rules tell you to do some things, and also not to do some other things.

Freedom of religion in democratic societies means you are free to join a religion, and also free not to join a religion; to choose which religion; and to leave the religion at any time.

When you choose a religion you can agree to follow its rules (otherwise, you are not bound by such rules.) If a thousand million people thereby undertake not to draw pictures of Mohammed, that does not create a right for any of those people to stop the other six thousand million people on earth drawing and publishing what they choose. A law against blasphemy is not about freedom of religion: rather it lets some people stop other people exercising freedom of religion and some other freedoms.

Continue reading

Support Charlie Hebdo and freedom of speech

We are Charlie Hebdo

Nous sommes Charlie Hebdo

Is sinn Charlie Hebdo

I and I hope most Mid West Humanists support the right to life of 10 staff at Charlie Hebdo in Paris and of 2 officers of French police; and support their right to freedom of speech, and all people’s right to read any writing and any cartoon or other communication, whether or not it criticises or satirises any idea, whether religious, political, social, sporting, or scientific.

I praise Charlie Hebdo staff for publishing words and pictures without any respect for the ideas of several religions.

 

Are you powerless to do anything about some people murdering cartoonists and journalists who are doing their job (enabling you to read things that are prohibited in some countries)?

You are not powerless.

On TV I see that all the government of France and very many of the people support the right to speak, draw, and publish any matter, irrespective of any offence to any ideas.

France has a principle of secularism in the state (laicité) since 1905, now nearly half the time since the revolution in 1789. Ireland is weak in secularism, as the Constitution since 1937 states that blasphemy is an offence, and in 2009 our legislators continued a law to give effect to that article of the Constitution. Government and other people in Pakistan quote Ireland’s law to say that it is normal, including in Europe, for the law to prohibit criticism of religion. Our constitution and law fail to support the strong efforts of the constitution and law of France to maintain and defend freedom of speech. Today Thursday 08 January Dr Ali Salim of the Islamic Cultural Centre in Dublin said on RTE Radio 1 lunchtime news that it is correct that outraging many adherents of a religion is prohibited by law, and he said that if such outrage comes to his attention he will consult his lawyer as to what to do.

In 2013 the Constitutional Convention voted to suggest to the Government that they hold a referendum to let us choose to remove the law against blasphemy from the Constitution. The Government promised that it would hold this referendum, but at the end of 2014 they said that they will not let us vote on this.

 

You have power as a voter.

Visit all of the TDs in your constituency soon, and tell them that you demand that the Dáil and Senate vote for a bill to let us vote in a referendum on removing the sentence making blasphemy an offence from our Constitution. And tell them NOT to include substituting any sentence in its place.

I feel I owe this support to Charlie Hebdo’s journalists and cartoonists, and to all publishing staff there and in other parts of the world, and to the police who have been trying to protect them, as they are defending my right to freedom of speech.

 

Vive la liberté!

 

We are Charlie Hebdo

Nous sommes Charlie Hebdo

Is sinn Charlie Hebdo

Constitutional Convention Deadline Wednesday 27 11 2013

Submissions to the Constitutional Convention will close on the Convention’s close of business on 27th November 2013

I regret that I posted previously, on 14 11 2013, that the Convention would cease taking submissions on 19 11 2013. I had thought that this news which I received was reliable.

On Monday 25 11 2013 the Convention’s website showed a new notice, that the Convention will accept its last submissions at its close of business on Wednesday 27 11 2013.

So you can still send a submission, and we ask all people without religion, and people with religion who want a secular society and a secular constitution, to make his or her own submission to that effect.

The Constitutional Convention is to hold its last 2 weekend meetings in February 2014. The subjects which they will discuss on those weekends are not settled, and the Convention’s members will vote in early December 2013 on what these will be.

The Convention’s members will use the list of subjects on which people made submissions to the Convention website. They have full discretion and are not bound by the number of submissions on a subject, but may be considering the quality of the submissions.

The website is going to stop taking submissions on 27 November 2013.

Any person who wants to make a submission to the Constitutional Convention needs to put the submission on the Convention website by 27 November 2013. After that date the Constitutional Convention will cease taking submissions on its website.

At present it is not in any way guaranteed that the secular questions (other than blasphemy) will be discussed.

You can make it more likely that the main secular questions will be discussed, by sending in your individual submission, which need not be long or complicated.

See the previous post for some ideas.

Blasphemy was discussed at the Convention’s meeting on Saturday 02 and Sunday 03 November 2013. The vote was to remove the anti-blasphemy clause.

At present the Convention’s website says it has 709 submissions in its “Submissions – Other” list. There are also at least 14 submissions for a Secular Constitution in the “Blasphemy” list. The three largest groups of submissions are on these subjects:-

Separate Church and State (Secular Constitution) – 188;

Environment to be protected in the constitution – 151;

We have heard from Convention officials that there may be several tens of submissions on the Environment waiting to be put up on the website.

Economic, Social, and Cultural rights (ESC) (includes a Home) – 140.

Of the 188 submissions asking for a Secular Constitution, some of these are about all the parts that need to be changed, and some are on single subjects, such as the Preamble, or the Declarations for President, Council of State, and Judges.

Send your submission now.