01 Dec


TIME FOR THE TRUTH ~1st Dec                 by Brian McCarthy  (fb Brian andLorraine McCarthy)

ask your TD-MEP-Senator or Councillor a simple question (highlighted below)

This letter was sent to TD’s MEPs Senators on the 30th of November via contact.ie. All Kerry Councillors were emailed this letter on the same day prior to their meeting with Irish Water on the 1st of December at 10.30 in the County Buildings.

We handed in a hard copy of the letter to Cllr Sam Locke in the “chamber” before their meeting this morning.

The Kerry Co.Manager, Departments of Environment,Legal and Revenue were also copied in on the email with a note to the councillor’s  explaining why I sent the letter attached.

I can make no apologies for the letter being complicated as the amount of documents and legalese. I had to trawl for days again and again to try to understand documents that the system makes  complicated.

Codes to decipher when plain English or better again a return to our native language of Irish  properly taught instead of drilled or beaten into us so we would stray away from our roots and into control.

We the ordinary decent people kept busy by their successful system of enslavement to debt and drained of energy along with time.

The letter speaks for itself and the quest is for answers .One simple answer from our elected representatives  before the 10th of December having got to the bottom of the document and after considering what they have read.

Will Irish Water and the corporate controlled Government  answer or lie?

Ask your Councillors, TDs, Senators and MEPs the questions.


Letter to Kerry Co. Councillors /Co. Manager/Services/Legal Team           (TD’s, MEP’s, Senator’s)

Dear Kerry Co. Councillors

Please feel free to use any information contained in this letter in your meeting with Irish Water on Monday the 1st of December 2014.

A number of questions arise throughout this letter that I would like a personal response to but one simple question can be answered at the end of the letter which is highlighted.

Is the Water Services Act 2013 subordinate to both the constitutional and natural rights of the people of Ireland?

Am I already paying for water via PPI, PRSI and Motor Tax –General Taxation?

Do you believe that water is a public resource and should never be privatised?

Where do you stand on the explicit recognition by the United Nations that water and sanitation is a human right?

Is it Law that I have to sign up to Irish Water?nualas grandson

With regard to current and future issues that may arise where proof is ascertained that ill health was created by contaminated water by historical fact and where legal battles that may ensue e.g. lead pipes are Kerry Co. Council or Irish Water held accountable?

When Bord Gais was given the brief to set up Irish Water we were told that it was because they had all the systems in place. Why then did the Irish taxpayer have to pay for all these consultants?

When a mains break will occur will it be Irish Water who will fix it? When a complaint is to be made to Irish Water who will deal with it?

Will the complaint be logged, referred to the relevant local authority who will then report back to Irish Water, who will then give an order to the local authority to carry out the repairs? Do you think this is utter inefficiency, duplication and time wasting?

With reference to the Water Services Act, are you aware this Act only provides for the installation of water meters in dwellings? “AN ACT TO MAKE PROVISION IN RELATION TO THE INSTALLATION AND MAINTENANCE OF WATER METERS IN DWELLINGS….”

Does this indicate that you may not install a meter on the public pathway(claiming it is outside the control of the individuals home it is to be attached to) when the property folio indicates that the actual extent of the property extends to the middle of the road and as such does not constitute the dwelling?

ARTICLE 40-5 The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with the law.

Has Kerry Co. Council compromised tenants by sharing personal details without their consent in writing with the private company Irish Water?

Are you aware details were put up on the Irish Water website telling us signing up meant our PPS numbers and other personal details became “assets” that Irish Water could sell when privatising the water supply?

Are you? The Co.Council? And Government? Ignoring my Constitutional Rights, the Laws of the Land & EU in

Contract Law, Consumer Acts, and The Sale of Goods and Services Act 1980 with regard to Irish Water?

Is Irish Water trading in contravention of the European Communities Unfair Terms in Consumer Contracts Regulation 1995; as it has no process in place for informing the customer of what its contract entails?

Are you aware EU directives are binding and that member states must implement them through national legislation? Article 9 of the water framework directive requires charging for domestic water. There is one exemption. It is known within the European Commission as the “Irish Exemption” because it was won by the Irish and only Ireland qualifies for it. It is found in article 9.4 of the directive.

Meanwhile while the current policy direction is strongly influenced by the current Programme for
Government and the European Union / International Monetary Fund / European Central Bank agreement, the proposed introduction of water charging predates the general election of 2010 and the troika agreement. The renewed Programme for Government issued by the previous Government on 10 October 2009 committed that
administration to introducing charging for treated water use, based on a system where households would be allocated a free basic allowance, with charging only for water use in excess of this allowance. (Final water report-link below)

What is Irish Waters Code of Practice and has it been approved by CER? European Communities Unfair Terms in Consumer Contracts Regulation 1995;

Can Irish Water or any of its agents use force, coercion or any other means to install water meters where the target of that meter does not consent to its installation, whether verbally or through any other means, including signage or notices?

Are you aware and have you researched The Smart Meter in terms of devastation to our nervous system?

Are you aware “The ‘Smart’ Meter in terms of devastation to our nervous system and that the radiation permanently destroys and alters the manufacture of brain proteins meaning that it completely changes the human organism permanently”?

Are you aware ‘Smart’ Meters violate many of my constitutional rights here in Ireland and my human rights, such as those laid out by the

Constitution of Ireland

European Convention on Human Rights?
Smart Meters: Detrimental Health Effects and Violations of Human and Constitutional Rights.

‘Smart’ Meters violate the rights of individuals everywhere, including the following Constitutional rights of the Irish people:
ARTICLE 41-1 1° The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law. The Irish Water Act attempts to bypass this and enforce a contract.

ARTICLE 45-2 (iii) That, especially, the operation of free competition shall not be allowed so to develop as to result in the concentration of the ownership or control of essential commodities in a few individuals to the common detriment. It is absolutely to the common detriment to begin the process of privatising water.

The dwelling of every citizen is inviolable…Irish Water are engaging in trespass where it relates to privacy. ‘Smart’ Meters also violate those rights laid out by the European Convention on Human

Rights under:
ARTICLE 5(right to liberty and security) and ARTICLE 8(right to respect for private and family life). Access to water is also a basic human right. Aside from the individual’s absolute right to refuse a contract, ‘Smart’ Meters cause endangerment through many other factors.

Are you aware Wireless ‘Smart’ Meters, when activated, emit intense, pulsed bursts of non-ionising, RF microwave radiation. More than 5,000 studies have shown that non-ionising microwave radiation/RF EMF is harmful to humans, animals and plants.

On 31st May 2011, the World Health Organisation’s International Agency for Research on Cancer (IARC) categorised RF EMFs as a possible CARCINOGEN (Class 2b) – the same as lead, DDT, chloroform & methyl mercury.

On 6th May 2011, the Council of Europe issued a report titled “Potential dangers of EMFs and their effect on the environment” in which they called for an IMMEDIATE reduction in exposure to EMFs by children. The Council advocates a precautionary principle be applied to wireless emissions to prevent public health disaster akin to “tobacco, leaded petrol and asbestos”. ‘Smart’ Meters will increase – not decrease – the EMF exposure to members of a household and their neighbours.

As demonstrated by Daniel Hirsch, Senior Nuclear Policy Lecturer at UCSC, ‘Smart’ Meters can expose the body to 160x to 800x times as much microwave radiation as mobile phones. ‘Smart’ Meters can emit intense pulses of radiation in excess of 190,000 times every day.

Human, animal and cell culture studies indicate long-term systemic health effects from RF microwave radiation, including hormone disruption, DNA damage, leakage of blood-brain- barrier, sperm count reduction & damage, sleep disorders, learning difficulties, attention deficit & hyperactivity disorders, dementia and cancer including leukaemia and brain glioma (tumours). There is concern that pregnant women & children are particularly vulnerable.


Household Tax Act 2011 and in the Statutory Instrument for the same document. How much did the LGMA collect in Kerry? How much was handed over in General Purpose Grants by the LGMA (minus minimum expenses) to Kerry Co. Council for local services.

Was the €490 Million collected in Property taxes diverted into Irish Water or local services?

Does this Government need to take in about €305m in household charges to trigger an EU rule that allows them to borrow money through a government-funded “commercial” company, “off the balance sheet”?

Does this create pretence that the Government isn’t borrowing the money and it keeps the deficit looking like it’s under 3pc?

Are elected members sidelined by Kenny’s Economic Management Council which includesJoan Burton, Michael Noonan and Brendan Howlin which makes decisions in private and then imposes them?

Are weak politicians who have been targeting and miss-selling our natural assets now allowing corporations to turn nature into commodity and commodity into capital crippling our economy further?

Do you agree with a referendum on the public ownership of Irish Water?

Water is essential to human life, and international examples of privatisation have resulted in higher costs for consumers and a loss of democratic accountability over water provision.

I was horrified upon reading the 125 page document submitted by PwC http://www.oireachtas.ie/parliament/…/final-water-report.pdf of which I have summarised and the document is available but I would hope that Councillors, TD’s and Senators would familiarise themselves with the document and the layers of control contained within the document. Further information is also available in a summary of this document on our facebook page and comments dated 25th November 19;53 https://www.facebook.com/brian.l.mccarthy.3/posts/10153436405473298?pnref=story


3 monkeysPwC who submitted the final report was found to be unethically favoured by the World Bank in a bid to privatize the water distribution system of Delhi, India, an effort that was alleged as corrupt by investigators
World Bank Favouring for Water Privatization in Delhi.

PwC do a lot of reports worldwide and are fond of the World Bank-please read (2)
The World Bank, for example, has set out two distinct stages with regard to the
concept of accountability34:-
(1) Answerability – Defined as the onus placed on Government and its agencies to provide information about decisions and actions and to justify them to the public and to the institutions (for example regulators and parliaments) tasked with providing oversight.
(2) Enforcement – Which suggests that sanctions aimed at remedying behaviour which the public and / or the institutions find undesirable can be imposed.

PwC suggest that once Irish Water is well established as a self-funding utility the Government and Regulators may wish to assess international experience of the introduction of competition in water and sewerage services to identify whether Ireland could benefit from competitive markets in the water sector at a later date.

The PwC report addresses a number of operational systems to be put in place in the new Irish water utility such as staffing. Health and safety does not, however, appear to feature in the report in detail.

Definitions of                                                                                stock market


A government-owned corporation, state-owned company, state-owned enterprise, state-owned entity, state enterprise, publicly owned corporation, government business enterprise, commercial government agency, public sector undertaking or parastatal is a legal entity that undertakes commercial activities on behalf of an owner government. Their legal status varies from being a part of government to stock companies with a state as a regular stockholder. There is no standard definition of a government-owned corporation (GOC) or state-owned enterprise (SOE), although the two terms can be used interchangeably. The defining characteristics are that they have a distinct legal form and they are established to operate in commercial affairs. While they may also have public policy objectives, GOCs should be differentiated from other forms of government agencies or state entities established to pursue purely non-financial objectives. [1]

Government-owned corporations are common with natural monopolies and infrastructure such as railways and telecommunications, strategic goods and services (mail, weapons), natural resources and energy, politically sensitive business, broadcasting, demerit goods (alcohol) and merit goods (healthcare).



The system of rules, practices and processes by which a company is directed and controlled. Corporate governance essentially involves balancing the interests of the many stakeholders in a company – these include its shareholders, management, customers, suppliers, financiers, government and the community. Since corporate governance also provides the framework for attaining a company’s objectives, it encompasses practically every sphere of management, from action plans and internal controls to performance measurement and corporate disclosure.

Along with


A legal entity that is created by the government in order to partake in commercial activities on the government’s behalf. A state-owned enterprise (SOE) can be either wholly or partially owned by a government and is typically earmarked to participate in commercial activities.

A key factor in evaluating the merits of the new operating model is the possibility that the borrowings of Irish Water could be outside the General Government Balance [GGB]. In the scenarios explored, and subject to confirmation by the CSO [Central Statistics Office] / Eurostat, it would appear that a determination could be made that Irish Water‘s borrowings would be deemed to be outside the GGB.‖
In addition, it is not clear yet what the precise relationship between NewERA and the new Irish water utility will be.
The legislation would provide for setting up of a private or public limited company incorporated under the Companies Act, the shares of which would be held by, or on behalf of, one or more Ministers of Government
and / or an agency such as NewERA.

The final water report points completely to Irish Water being launched on the markets. The definitions above along with the World Bank, I.M.F and corporate bankers controlling our economy and encouraging weak governments to sell our natural assets and water are showcased throughout the document for those who understand legalese and their goals of privatisation in the 64 countries that PwC have submitted reports on water.

The HSE and O.P.W have enforced responsibility within the document and both organisations are funded by the taxpayer.

The Consumers Association of Ireland pointed out the need for proper management of water resources before the introduction of charging and a decision on who bears the costs of an inefficient system that can lead to health risks.

After four decades of across the board political party neglect in addition to highly paid Co. Managers (some of whom retired on pensions and into IW) who also claim substantial pensions we are left with a leaking  infrastructure that  current figures point to waste in the ground in excess of 41% and Irish Water predicting 20 years to fix half the leaks.

It is of my opinion that the public’s and my own personal rising anger over the blatant miss-truths that have surrounded successive governments and the current fiasco that is Irish Water are more than justified and I have decided not to consent to become a customer of Irish Water.matrix

There is very little being offered in the aspect of solutions, rain water harvesting, clean water and eco-systems in the county which I would also love to see an open discussion on involving “we the people”.

You may also note I did not mention “money” until now as it is the greatest distraction in life in the world we live in today.

Thank you in advance for your time and I look forward to your response.

The question

Do you agree with the abolishment of Irish Water?  Yes   or   No

Yours Sincerely

Brian McCarthy

Hillview, Knockeragh, Tiernaboul, Killarney, Co.Kerry.


facebook; Brian andLorraine McCarthy or

Right2Water Killarney & Kerry -Anti-Eviction Taskforce -Killarney Says No to Bondholder Bailout-Kerry Save Our Woods Network


Subject: Irish Water meeting Monday 1st December-Details in the attachment that are very relevant.

Dear Councillors                                       Sunday 30/11/2014 17:45
Attached is a letter to all Councillor’s (except Liam Purtill who I sent a text to looking for his email address and Danny Healy-Rae which I sent to
Michael Healy- Rae to pass it on).Michael Gleeson’s email would not send so I sent to his nephew Conor Gleeson who will pass it on.

I have also sent this email to the Co.Manager,Environment,Legal and Revenue (Water&Sewage Charges) Departments.

Please pass this on to any other department you may feel relevant within Kerry Co.Council.

I am part of a number of protest groups nationwide and here in Kerry and I believe long-term education will bring down the system of governance we are subjected to here in Ireland today.

I will hand a hard copy of this letter to one of the council in the chamber tomorrow morning at around 10am in Tralee prior to the meeting with Irish Water.

Cllr Sam Locke accepting the document in the “chamber” 1st December sam locke

I will also be emailing all local TD’s Senator’s and MEP’s as the time has come for the truth for the betterment of our County and Nation.


Brian(all my details are at the end of the letter above)

3 thoughts on “IRISH WATER LEGAL ? ONE QUESTION FOR THE ELECTED or many #10th Dec

  1. Thank you Brian for the time and effort that you have spent in the preparation of the mind blowing letter and the information contained . You have my full support in all you do regarding the constitutional rights of the people of our Country . This is the best and easy to understand explanation and is a credit to your thinking . Thank you once again . Joe .. Shannon .

    • the media will always ignore any news that , in any way, might expose the agenda of this (and indeed of many other) government(s). Being ignored by national media, also true of being derided by Corrupt media, is very difficult for honest activists such as you both to overide. Social media helps but so many of the people you need to reach do not use computers – new independent sources are coming on line but they also need exposure. DIFFICULT. But it CAN be done, stay on coarse , your voices will carry. Ireland so badly and urgently, needs voices that speak to truth just now….

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>