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Tánaiste Joan Burton and Taoiseach Enda Kenny Photocall Ireland

No one in this government wants to deal with the abortion issue again. Here's why...

Analysis: The government legislated for abortion last summer and is highly unlikely to touch the issue again in its current lifetime.

SAT IN HIS office in Government Buildings 11 months ago, Paul Kehoe let out a huge sigh as we brought up the ‘A’ word – abortion.

It was two months after the government had passed the Protection of Life during Pregnancy Bill following lengthy, fraught and often controversial debate and discussion inside Leinster House and across the country.

“I’ll put it this way,” he told TheJournal.ie. “I breathed a sigh of relief when the Dáil broke up on the 18 July because it was absolutely, the most stressful time for me in the Dáil ever, either as an opposition whip or government whip.”

As the man responsible for ensuring TDs vote in line with government and party policy Kehoe had ensured the vast majority of Fine Gael TDs supported the abortion bill. But several deputies and two senators were expelled from the party including the junior minister Lucinda Creighton.

Kehoe’s demeanour was one of relief, a relief that was echoed across government that finally the abortion debate was over and the matter had been dealt with – or so they thought…

The latest controversy shines a light on how the law passed last summer is actually working.

In a case that emerged late last week a very young woman, who was raped in her home country, came to Ireland, discovered she was pregnant and attempted to access a termination under the new Act on the grounds that she was suicidal.

She claims she was denied an abortion with a panel of medical experts, convened under the Act, deciding that termination should take place by way of a C-section which she underwent at around 24 weeks.

No one’s happy

No one on either side of the debate is happy about this.

Pro-choice campaigners believe it demonstrates the extent to which women in this country are treated as mere “vessels” and want the long-standing 8th Amendment repealed. Pro-life campaigners argue that this case underlines the barbarity of the Protection of Life during Pregnancy Act and want it repealed.

The reality is that the government will do neither of these things. There are a couple of reasons for this.

The Act is not even a year old.

It was only properly enacted at the start of this year and Health Minister Leo Varadkar is adopting a wait-and-see approach, saying this week that he will await a report into the case that is being carried out by the HSE.

In addition, it will be next June before Varadkar receives a report on how the new law is working and how many terminations have been carried out under it.

The belief is that the law is too fresh to talk about changing or repealing. Earlier this week, the minister’s spokesperson said the legislation makes matters clear for clinicians.

Some believe that the new law has, in fact, worked effectively in this case – even though not all the facts have been made clear. Labour senator John Gilroy told us this week: “I think the Protection of Life During Pregnancy Act worked rather well in balancing rights in this particular case.”

The second reason for nothing to happen?

Fine Gael has no desire to revisit an issue that caused huge internal strife for the party last year.

Many of the party’s deputies feel – privately – that abortion would and should have gone untouched by this government were it not for the Savita Halappanavar case which was seen to have galvanised pro-choice campaigners, and more importantly Labour, to push for action.

‘Codify’

When passing the bill last year, Enda Kenny and government ministers repeatedly talked of “codifying” the law and providing “legal clarity” for doctors around abortion in this country. Nothing more, nothing less.

Fine Gael TDs have been virtually silent since t his latest story broke.

By contrast Labour TDs have been very vocal. The party wants to go further and is overwhelmingly for the repeal of the 8th Amendment, which enshrines the equal right to life of the woman and the unborn child. But the belief is that nothing can be done in the lifetime of this government.

Even before this controversy arose, Labour TD and new junior minister Áodhan Ó Riordáin told us in the course of an interview for our oral history project that the coalition has “no mandate now to do anything more than this in this government”.

That view was echoed by Education Minister Jan O’Sullivan yesterday and the Tánaiste Joan Burton’s spokesperson said it is not an issue for the current coalition.

The reality is that Labour did not go to the people in the last election pushing for anything more than action on the X Case and there was certainly nothing in the programme for government beyond examining the outstanding issues that arose out of X.

As far as government is concerned that’s been done and no one wants a repeat of the events last year where the lobbying was so intense – ranging from plastic foetuses to death threats being sent to TDs – that there was palpable fear among the government deputies.

Perhaps John Halligan, the independent TD, put it best, when he recalled his memories of last year: “I saw fear in TDs’ eyes. I saw TDs who didn’t want to take part in the debate, would not go on the radio, would not go on the television, for fear of intimidation.”

Such fear means that the outstanding issues around abortion in this country will remain unaddressed in the lifetime of this government.

Read: ‘I saw fear in TDs’ eyes’: An oral history of how Ireland legislated for X

Read: These Labour TDs and Senators think we should have another abortion referendum

Explainer: What is the 8th Amendment?

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152 Comments
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    Mute Christian White
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    Dec 21st 2017, 9:54 AM

    Soon he will send Irish troops to join the new EU army…without consulting the electorate.

    204
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    Mute Stephen murphy
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    Dec 21st 2017, 11:06 AM

    @Fred Croydon: 60, will they be part of Grandad’s army and what do you see up there in your ivory tower?

    69
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    Mute conriel
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    Dec 21st 2017, 12:07 PM

    @Christian White:
    They need to pay them a living wage first

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    Mute Síghle A Ni Ainle
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    Dec 21st 2017, 12:11 PM

    @Fred Croydon: ALL welfare recepients? The sick, disabled, pensioners? How about nobody. Why should we send our young men and women out to fight other people’s wars that are generally instigated by armchair generals? Our country needs to remain neutral.

    34
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    Mute Michelle Massey
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    Dec 21st 2017, 12:34 PM

    @Fred Croydon: Don’t conscription them into the Army. Make them do manual labour.

    13
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    Mute Pat Bateman
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    Dec 21st 2017, 1:12 PM

    @Síghle A Ni Ainle: No, but you can be sure that those on long term job seekers would find a job fairly quickly after hearing the news. Flush out the frauds

    17
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    Mute Donal Desmond
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    Dec 21st 2017, 1:37 PM

    @Fred Croydon: would bankers and developers supported by politicians who facilitated in their gangesterism that brought the country to it’s knees be included in that statement. Typical Blueshirt ideology.

    20
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    Mute James O'Nolan
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    Dec 21st 2017, 2:24 PM

    @Christian White: Rubbish. Pesco is not an EU Army. It’s a sensible collaboration of defence forces. If we are to rely on the EU for assistance in defence, which we already do, then we should collaborate with them.

    12
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    Mute Donal Desmond
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    Dec 21st 2017, 2:42 PM

    @James O’Nolan: collaboration is the correct word to use in this context. Afghanistan, Iraq when European troops went to war to support U.S. and British impearlism. Granted they did not go under European banner.If the situation again occurred you can be sure the fools who sold our neutrality would be first to offer the services of Irish troops.The cost of this farce would go along way to try to come to terms with the national disaster of homelessness and a crumbling health service. There again they would probably give the money to repay European banks for the gangesterism of the Irish banks.

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    Mute goon4life
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    Dec 21st 2017, 3:26 PM

    @Fred Croydon: no have a referendum and whoever voted yes it will be there sons and daughters who will be conscripted to go and die in any war that will undoubtedly arise…I wonder how many blue shirts would be in favour then? Cowardly f*cks…

    8
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    Mute Jordan Osullivan
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    Dec 22nd 2017, 3:11 PM

    @Fred Croydon: by sending then off to a foreign country id like to see you get off your ass and join the army. You probably work for the government or receive HAP or part time welfare or child support or your a farmer dealing with the CAP or your one of the 51 percent of the population receiving some form of welfare but naw i know your logic welfare sponges should all be kicked off the dole and let the money go back up to the top where its spent on overpriced shit that doesn’t support jobs. You’ll stop complaining quickly when consumer spending takes a nose dive and you loose your job. I cant see it now you’ll be back on here saying what idiots idea was it to throw everyone off welfare.

    1
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    Mute Darren Bates
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    Dec 21st 2017, 9:58 AM

    Cue the Europhobes and Brexiteers telling us how PESCO is a European Army and Ireland shouldn’t pull its weight in our union. The world has changed, and the United States and the United Kingdom are no longer close allies. We need cooperation between all 27 states.

    159
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    Mute George Hogan
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    Dec 21st 2017, 10:09 AM

    @Chip Lonergan: Well, how are they closer than our EU partners?

    47
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    Mute Christian White
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    Dec 21st 2017, 10:11 AM

    @George Hogan: culturally, linguistically, historically.

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    Mute Christian White
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    Dec 21st 2017, 10:15 AM

    @George Hogan: not to mention the overwhelming majority of our trade is with Britain and the United States.

    44
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    Mute Darren Bates
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    Dec 21st 2017, 10:32 AM

    @Christian White: that’s a myth and a dangerous one. The overwhelming majority of our trade is with our fellow member states.

    29
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    Mute George Hogan
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    Dec 21st 2017, 10:43 AM

    @Christian White: How about political and economically?…our exports to the EU are greater than those to the US and GB combined…with a growing divergence year-on-year in favour of greater EU trade! There has also been a great shift in the sense of commonality among middle class Europeans; with a greater number of middle class Europeans identifying as having more in common with other EU middle class citizens than other cohorts in the own cities. The future is now and it’s European!

    31
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    Mute Simon O Flaherty
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    Dec 21st 2017, 10:59 AM

    @Darren Bates:
    United States: US$33.2 billion (25.9% of total Irish exports)

    United Kingdom: $16.3 billion (12.7%)

    Belgium: $16.3 billion (12.7%)

    Germany: $8.4 billion (6.6%)

    Switzerland: $6.9 billion (5.4%)

    Netherlands: $6.5 billion (5.1%)

    France: $5.4 billion (4.2%)

    China: $3.3 billion (2.6%)

    Spain: $3.2 billion (2.5%)

    Japan: $3.1 billion (2.4%)

    Italy: $2.6 billion (2.1%)

    Australia: $1.6 billion (1.3%)

    Israel: $1.6 billion (1.3%)

    Poland: $1.5 billion (1.2%)

    Mexico: $1.5 billion (1.2%)

    Here is top 15 as of 2016

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    Mute George Hogan
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    Dec 21st 2017, 11:12 AM

    @Chip Lonergan: Building Europe, The Cultural Politics of European Integration, Shore Cris, Routledge, 2006

    13
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    Mute Darren Bates
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    Dec 21st 2017, 11:33 AM

    @Simon O Flaherty: there’s no ‘Belgium, Germany, Switzerland, Netherlands, France, Spain, Italy, Poland’ – they’re all part of our one common area (yes, even the Swiss much to the annoyance of Britain who will never get the same trade deal as the EFTA states have). Try again son.

    15
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    Mute John003
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    Dec 21st 2017, 11:41 AM

    @Chip Lonergan: I think he means our only friends and allies are in the EU….Cant be allies with English speaking countries anymore….

    10
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    Mute George Hogan
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    Dec 21st 2017, 12:09 PM

    @Number 19:
    The EU is about shared sovereignty. No one is handing over control. We are European. As Europeans, we can negotiate and compete with big entities such as the US, China, Japan, India, Brazil, Merco-Sud, etc. It’s a natural evolution, EU, NAFTA, Merco-Sud, ASEAN, etc. The 21st. century is no place for small individual countries to be isolated and compete against such giants; they’ll be gobbled up!

    13
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    Mute George Hogan
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    Dec 21st 2017, 12:29 PM

    @Number 19: You sound paranoid; like someone is coming to get you! Rather than dismiss others’ opinions, why don’t you provide some concrete reasons why the EU is bad. Something like, leaving the EU will mean €30 million a week for our HSE?

    9
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    Mute Darren Bates
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    Dec 21st 2017, 12:59 PM

    @Number 19: I’d get angry if I answered your question but since you insist, we haven’t handed over an iota of power to any ‘foreign’ entity. This is OUR entity, where we elect our representatives to the parliament directly and our commissioners and council through our governments. You are obviously a fearful eurosceptic snowflake who feels slightly emboldened by the likes of Ming Flanagan, Donald Trump, Nigel Farage or Paul Murphy; all of whom get their support from either small culchie towns or inward looking suburbia. Well I can tell you one thing, you are in the minority in Ireland and in Europe and you’ll be made feel that way by people like me.

    9
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    Mute George Hogan
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    Dec 21st 2017, 1:05 PM

    @Number 19: Britain invaded us and undemocratically linked our kingdom with their k

    3
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    Mute George Hogan
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    Dec 21st 2017, 1:07 PM

    @George Hogan: …kingdom. We voted to be part of our natural homeland that is the EU, which is admired throughout the world. Merco-Sud can only dream of what the EU has achieved.

    3
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    Mute George Hogan
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    Dec 21st 2017, 2:14 PM

    @Number 19: ___ You might try controlling your own emotions.
    You mentioned the Lisbon Treaty; it has been reiterated time and time again that the Irish people voted no as they were unhappy with the Treaty as it originally stood. Changes were made to the treaty and we were given the democratic option to vote again. All perfectly democratic.

    3
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    Mute George Hogan
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    Dec 21st 2017, 2:52 PM

    @Number 19: As Europeans, we have shared values. For example, the EU doesn’t permit Capital Punishment, whereas the US does. The EU provides greater social protection than the US or China, for example. And as a group of people with shared values, we can vote for legislation based on shared identities. Young middle-class educated people are more tolerant and older less-educated people are more reactionary. Older educated and less well educated are more inclined to support Governments who offer greater social welfare protection. Younger educated and less educated people are more interested in reduced taxes. Urban people tend to be less supportive of the CAP than rural people across Europe. We don’t need to operate at a national level for all things. As Europeans, we can work together.

    3
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    Mute P.J. Nolan
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    Dec 21st 2017, 3:25 PM

    @Number 19:
    One wonders for how many decades now have people been predicting the collapse of the EU/EEC.

    2
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    Mute George Hogan
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    Dec 21st 2017, 3:29 PM

    @Number 19: Both Irish and English are Indo-European languages; Irish from the Celtic group and English from the Germanic group. Our earliest ancestors came from mainland Europe and modern Dublin is an admix of people from Denmark, Norway, Normandy and later from Britain and later still from everywhere else. Culturally, the Irish have enriched Europe since Columbanus and our own National Saint hails from France or U.K. Our literature, while unique, presents as part of undisputed European canon. We can have multiple identities: Dublin/Irish/European/World citizen. Why limit your horizon to a single identity?

    3
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    Mute Aaron O'Leary
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    Dec 21st 2017, 3:33 PM

    @Number 19: People have been saying that since day one.

    2
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    Mute Joe O'riordan
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    Dec 21st 2017, 3:45 PM

    @Number 19: i dont think for a minute you are Irish!!

    4
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    Mute George Hogan
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    Dec 21st 2017, 3:47 PM

    @Number 19: Yes, you can. But in doing so you deny yourself the existential diversity which is a central building block to human cultural enrichment. Your loss, my friend!

    2
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    Mute Aaron O'Leary
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    Dec 21st 2017, 4:03 PM

    @Number 19: Exactly….?

    1
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    Mute Niall Sullivan
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    Dec 21st 2017, 9:59 AM

    For a lot of army folk the only time they get a half decent wage for their families is when they’re away from home serving. Maybe look at that, Leo.

    120
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    Mute Shea
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    Dec 21st 2017, 10:00 AM

    Why are so many people using this to lambast Leo? All he is doing is acknowledging the work of Irish men and women in a foreign country performing a dangerous role in the proud tradition of the Irish Army. That is what he is doing, the colour of his socks is irrelevant.

    132
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    Mute Christian White
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    Dec 21st 2017, 10:13 AM

    @Shea: he is staging yet another photo op, that’s all this is. Probably an idea dreamt up by his strategic communications unit.

    91
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    Mute Paul P O'Sullivan
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    Dec 21st 2017, 10:18 AM

    @Shea: Thats easy Shea, the Journal has gone to the dogs and is full on morons. Fair play to him for taking the time and Happy Christmas to all, especially those serving our country abroad.

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    Mute marg fitzgerald
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    Dec 21st 2017, 10:47 AM

    @Shea: Should be irrelevant ….but Leo likes to show off his socks

    12
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    Mute marg fitzgerald
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    Dec 21st 2017, 10:48 AM

    @Paul P O’Sullivan: He is paid to “take the time”

    12
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    Mute Colin Morris
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    Dec 21st 2017, 10:50 AM

    @Shea:

    Socky Varadkar is a neo-fascist who hates this country.

    He and the blueshirts are deliberately driving people into homelessness.

    He is a human being of absolutely no merit.

    24
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    Mute Shea
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    Dec 21st 2017, 3:30 PM

    @Christian White: they didn’t dream it up, the Taoiseach has traditionally acknowledged our troops serving overseas on peace keeping missions at this time of year, and rightly so.

    6
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    Mute Setrakian
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    Dec 21st 2017, 9:53 AM

    There will be a lot more Irish men & women away from home when the European army is in full swing thanks to Fianna Gaels acquiescence to their euro paymasters. Not to worry Mr Varadkar – you’ll be dining out on your ex Taoiseach status & too comfortably bolstered by your multi pension payouts to give a damn.

    96
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    Mute Gareth Murphy
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    Dec 21st 2017, 2:04 PM

    @Setrakian: Perhaps you should actually familiarise yourself with the pesco deal that was signed. There’s nothing about us joining this non existent European army. Also, we’re already part of the EU battlegroups and nobody complained about that!

    15
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    Mute Setrakian
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    Dec 21st 2017, 3:09 PM

    @Gareth Murphy: perhaps you should consider that a European Army is very likely given that Jean Claude & Co are very much in favour of such an army & we all know they get what they want irrespective of what poor Paddy thinks or wants.

    https://www.independent.ie/irish-news/explainer-ireland-joins-pesco-is-it-the-start-of-an-eu-army-36409443.html

    7
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    Mute Declan
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    Dec 21st 2017, 9:55 AM

    The greatest xmas present ever; Leo gets lost in Lebanon. #leoslostinlebanon

    55
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    Mute Colin Morris
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    Dec 21st 2017, 10:51 AM

    @Declan: He was finally located after a satellite in space found him via a signal from his zany socks.

    19
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    Mute Tommy Whelan
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    Dec 21st 2017, 9:56 AM

    A small neutral country with no history of colonialism . He doesn’t know much about his history does he . What was the Connaught Rangers , Dublin fusiliers, Royal Irish Regiment , Inniskillen fusiliers and so on .

    32
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    Mute Malachi
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    Dec 21st 2017, 10:02 AM

    @Tommy Whelan: How many times does this need to be said, Tommy? It’s like talking to a brick wall.

    Irishmen serving in the British Army is not the same as the Irish Army. Varadkar’s statement is correct – as a country, the Irish state has no history of colonialism. Whether Irishmen fought in British colonial armies is irrelevant. They weren’t representing the Irish people – our Defence Forces are representing us.

    103
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    Mute Tommy Whelan
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    Dec 21st 2017, 10:08 AM

    @Malachi: so your saying the people of Ireland before independence was not Irish . It’s good to know that the title Irish came about after 1923 and no one before 1923 has a right to call themselves Irish . A country that has no history of colonialism . That’s a funny one .

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    Mute Malachi
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    Dec 21st 2017, 10:14 AM

    @Tommy Whelan: No. That’s not what I’m saying. Do try and keep up.

    Irishmen (as in men from Ireland, capish?) serving in the British Army, though they were Irish did NOT represent the Irish state with their service, pre-1923 or post-1923. The Irish Defence Forces DO represent us.

    If you cannot get that very simple principle straight in your head then there’s not really any point discussing it further.

    34
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    Mute Tommy Whelan
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    Dec 21st 2017, 10:15 AM

    @Malachi: he does not mention the history of the Irish state . He says the history of this island which did not start in 1923 .

    10
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    Mute Dermot Lane
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    Dec 21st 2017, 10:19 AM

    @Malachi: except when the Irish colonised Scotland back in the day.

    9
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    Mute eastsmer
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    Dec 21st 2017, 10:26 AM

    @Tommy Whelan: British Regiments under a British sky.

    6
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    Mute Tommy Whelan
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    Dec 21st 2017, 10:39 AM

    @Dermot Lane: the Irish colonised many parts wales and England long before they came here . https://youtu.be/4vd8BnQJc5Y

    5
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    Mute Michelle Massey
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    Dec 21st 2017, 12:37 PM

    @Tommy Whelan: They were colonial units of the British army.

    3
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    Mute Colin Morris
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    Dec 21st 2017, 10:53 AM

    Statement from Socky Varadkar

    ‘Thanks boys, sure you may as well stay here.
    After all when you come back you’ll be homeless but this is a GOOD thing.
    Let’s keep the recovery going,
    Do you like my socks?’

    28
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    Mute Declan
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    Dec 21st 2017, 6:01 PM

    @frank murphy: FG troll on the spin payroll
    #trollpayroll

    2
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    Mute Shea
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    Dec 21st 2017, 6:57 PM

    @Declan: in fairness 3 posts on the one thread in relation to Leo’s socks, the chap should be called out on it. The first post wasn’t funny, the second and third even less so.

    2
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    Mute John Phelan
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    Dec 21st 2017, 12:43 PM

    Yes it is tough. I miss my son who had to leave during austerity.

    20
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    Mute Psyarron
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    Dec 21st 2017, 10:59 AM

    It’s not as bad as being on the street homeless, damp and cold glancing at all the jolly xmas drinkers and shoppers.

    23
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    Mute nelly
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    Dec 21st 2017, 10:20 AM

    If the situation wasn’t bad enough , Leo touches down to push moral right down for the Christmas period

    16
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    Mute Donal Desmond
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    Dec 21st 2017, 1:34 PM

    I agree for once with Leo. It is a lonely time to be away from home. Just to bring you back to Earth Leo, it’s a lonely time to be in hotels or B&B.s. for thousands of children or the homeless, which you and your Thatcherite government have failed miserably to rectify. Christmas greeting to the Irish troops serving overseas. Remember when Kenny was photographed wearing a U.N. helmet. Well Leo since then it has gone from a major crisis to a national disaster.

    18
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    Mute Colin - Now Is The Time
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    Dec 21st 2017, 11:51 AM

    I hope he goes to Beirut too and not just the tense areas near the ‘israel’ boarder,There’s a lot of fun things to do in Beirut, a lot of clubs and concerts of the arab pop stars :D especially with christmas and new years

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    Mute Ros Aodha
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    Dec 21st 2017, 3:18 PM

    Well done, a countrys leader SHOULD visit their military personnel in the dangerous locations that they are sent to for long periods of time, doing great humanitarian AND military work. PESCO is not the EU army, Ireland is not and never HAS been a neutral country, we have never signed nor ratified hague nor geneva conventions on neutrality, its not a constitutional issue, we have one of the largest maritime domains in the EU, a border with a (soon to be ) non EU country, a history of thousands of civilians deaths at the hands of terrorists, and the lowest defence spend in Europe. time to stand up and be counted, shoulder to shoulder with our EU allies. Onwards and upwards for the DF. Just pay them a decent wage. To the insular, inward looking, naysayers and peace-niks, remove the tinfoil hats and head up into the wicklow mountains, there are plenty of trees awaiting your hugs.

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    Mute Donal Desmond
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    Dec 21st 2017, 9:09 PM

    @Ros Aodha: speaking of terrorists you mean British forces and their para military allies.

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    Mute Dave barrett
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    Dec 21st 2017, 11:16 AM

    Yeah! We will be joining the new world order. Coloured socks and all

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    Mute Jeremiah A Craic
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    Dec 21st 2017, 9:55 AM

    Thought this was a José Mourinho quote!

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    Mute Tommy Whelan
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    Dec 21st 2017, 3:03 PM

    His other mistake is that Ireland is not neutral . The Irish republic is . The six counties is part of NATO that deploys Irish units to combat zones across the world .

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    Mute Adrian
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    Dec 21st 2017, 5:33 PM

    Leo should be more acutely aware of this fact than most people in the country given the homeless crisis but I think he’s missed the point yet again, playing to the gallery again, concentrating too much on the image he’s so desperately trying to portray.

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    Mute OCallaghan TP
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    Dec 21st 2017, 4:11 PM

    Why is it tough…they knew what was ahead when they signed up…they also get well paid …

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    Mute Paul Coughlan
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    Dec 21st 2017, 1:51 PM

    Well stay at home.

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    Mute TradingDuck
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    Dec 21st 2017, 1:13 PM

    Since when did we stop calling it ‘the’ Lebanon?

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    Mute Darren Bates
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    Dec 21st 2017, 1:38 PM

    @TradingDuck: definite articles in front of countries names is a vestige of colonialism I believe. Like calling us ‘the Ireland’, or why you’d call Gambia ‘the Gambia’ but not Zambia ‘the Zambia’.

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    Mute Sean c
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    Dec 22nd 2017, 8:35 PM

    Was a, waaa
    Booo hooo
    Grow up leo

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