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The BAI's compliance and policy manager Declan McLoughlin and CEO Michael O'Keefe. Gráinne Ní Aodha

Broadcast guidelines updated ahead of the Eighth Amendment referendum

The Broadcasting Authority of Ireland said that the “adversarial” debate around the Eighth will be a challenge for broadcasters.

THE BROADCASTING AUTHORITY of Ireland (BAI) has released an update of its referenda guidelines ahead of the proposed Eighth Amendment referendum.

The guidelines are there to “assist broadcasters in decision-making” as they have an “important role in influencing” the information that citizens get ahead of referenda.

The guidelines are for radio and television broadcasters in the Republic of Ireland, but don’t apply to social media (eg Facebook Lives, tweets, etc).

The BAI said that international media organisations such as Sky News have “had regard” to the media guidelines in the past, despite being under no legal obligation to do so.

The updated guidelines refer to how social media, opinion polls and advertising (among other features) should be treated by broadcasters such as RTÉ, TV3 and Newstalk.

BAI CEO Michael O’Keefe said that the biggest challenge for broadcasters with regards to the Eighth Amendment referendum was that this is a “controversial Amendment” with “strong views on either side” which might lead to “adversarial” rather than informative debates.

The BAI also added that the biggest number of complaints received during referenda have been in relation to presenters giving an opinion prior to referenda being called.

O’Keefe said that it’s their view that if a presenter is “actively engaged” in one side of the campaign they “shouldn’t be on air”.

The guidelines

DSC_1836 Grainne Ní Aodha Grainne Ní Aodha

Although the BAI has general rules that state “every broadcaster shall ensure that all news broadcast by the broadcaster is reported and presented in an objective and impartial manner and without any expression of the broadcaster’s own views”, this update has been made with specific regards to upcoming referenda.

Here’s a look at some of the rules which have been clarified by the broadcast authority ahead of the Eighth Amendment referendum.

Issues of Balance

The BAI clarified that balance isn’t necessarily achieved with a ‘stopwatch’ approach to airtime given to both sides:

“Fairness, objectivity and impartiality can be achieved during programming by including referenda interests from both sides of the debate. It may also be achieved effectively by the input from the programme presenter playing the role of ‘devil’s advocate’.

It may be further achieved via inputs from other contributors who may not be campaigning for a particular outcome in a referendum/referenda but who may articulate the views of one or other side of the campaign in the course of a programme discussion or a debate drawing on their expertise or experience.
As such, there is no obligation to automatically ‘balance’ each contribution on an individual programme with an opposing contribution and fairness may be achieved in a range of ways.

Opinion polls

The BAI said that where opinion polls related to the topic of the referendum are referenced, the “significance” of the poll should be explained to the audience.

Information on the details of the date of the poll, by whom it was commissioned and/or paid for, the company/organisation who conducted it, the number of people polled and their location must be provided on air.

“In addition, while it is legitimate to have due regard to the weight of public opinion as indicated by poll results, broadcasters should also be mindful of the fact that while public opinion may favour a particular position, this does not make the opposing position less legitimate simply on the basis that a majority view persists.

In this regard, broadcasters should also have due regard to the merits of any arguments set out by those that favour or oppose referenda proposals that citizens are being asked to consider.

Social media 

Although the BAI said that its statutorial powers don’t stretch to how social media is used, it said that broadcasters should have “policies and procedures for handling on-air contributions via social media”.

These policies and practices must be applied where social media is referenced on-air in the context of referenda coverage.

“Given the importance of referenda, additional steps should be implemented by broadcasters to ensure that on-air references to social media are accurate, fair, objective and impartial.”

Advertising

With regards to adverts, the standard guidelines in place state that “a broadcaster shall not broadcast an advertisement which is directed towards a ‘political end’”.

It said that it considers the content, context and aims and objectives of the advertiser when deciding of an advert complies with their advertorial rules.

In this context, broadcasters shall ensure that advertising is free of material that could be interpreted as content that addresses referenda issues or which might be reasonably considered as being directed towards a ‘political end’.

“This prohibition also applies to advertising for events, notices regarding meetings or other events being organised by referenda interests as part
of their campaign.”

Diversity of views

As part of their role to “foster a media landscape that is representative of… the diversity of Irish society”, the BAI wants broadcasters to include a wide variety of voices during the referendum debate.

“In this context, broadcasters are encouraged to include a mix of voices and opinions in their coverage, including a mix of voices representing gender and cultural and social diversity.”

“The BAI also encourages English language services to provide opportunities to cover referenda in the Irish language.”

Moratorium

Radio and television broadcasters shall observe a moratorium on coverage of referenda. The moratorium shall operate from 2pm on the day before the poll takes place and throughout the day of the poll itself until polling stations close.

The moratorium doesn’t apply to social media.

The complaints procedure is handled in the same way as normal BAI complaints, which includes not accepting complaints prior to a broadcast.

The guidelines will come into effect 6-8 weeks ahead of the referendum, the BAI said.

You can read the updated guidelines on the BAI’s website here.

Read: We asked Ray D’Arcy about criticism of his Eighth Amendment coverage

Read: Marian Finucane using ‘stopwatches’ to ensure balance on marriage referendum debates

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    Mute Thomas Sheridan
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    Nov 9th 2019, 11:16 AM

    Strange country we live in when you can either study hard to get a job and then do a 3 – 4 hour commute every day to pay for a barely affordable house in a commuter belt OR never do a day’s work but create plenty of work for gardai and welfare services and be handed a high spec house in a urban location.

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    Mute Charliegrl80
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    Nov 9th 2019, 11:37 AM

    @Thomas Sheridan: It’s such a pity that you wouldn’t include in your statement very hard working minimum wage workers, our military and other very hard working in our communities that could never afford to buy or qualify for a mortgage to buy a home. Many welfare recipients are pensioners, disabled, carers, all who work very hard for nothing looking after our most vulnerable so please do not say we do not contribute to our country. Many unemployed people lost their jobs during the downturn and many are at an age that no one wants to employ them, Many employers just want to hire younger people that they can pay much lower wages to. Get real not everyone in Ireland lives in your glass house and remember those that throw stones get broken windows!

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    Mute Bleurgh
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    Nov 9th 2019, 12:06 PM

    @Thomas Sheridan: I agree, as someone who bought in Dublin town, an “outsider” with an education and office job, im made feel that I should have bought on the commuter belt, spend 3 hours a day in the car, so that someone “local” who has numerous educational and employment opportunities close at hand but chose not to avail, and instead put their names on a housing list, not work should have a priority to a tax payer funded accommodation.

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    Mute Levante Dublin
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    Nov 9th 2019, 12:18 PM

    @Thomas Sheridan: very well put Thomas

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    Mute Thomas Maher
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    Nov 9th 2019, 12:39 PM

    @Thomas Sheridan: that kind of statement says more about you than anything about people who qualify for social housing

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    Mute Aine O Connor
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    Nov 9th 2019, 12:41 PM

    @Thomas Sheridan: You are tarring everyone who is not earning enough to be ever able to afford to buy a house with the same brush. There are thousands of local authority estates all over Ireland in every town and village where the residents take care of their property and their estates. But people like you continue to suggest that people who need housing are wasters and troublemakers. There are some but they very much in the minority.
    Just be glad that you are fortunate enough like me to be in a position to buy your own house.

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    Mute The Bogger
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    Nov 9th 2019, 1:01 PM

    @Bleurgh: “Dublin town” really?? Don’t be that guy.

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    Mute GrumpyAulFella
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    Nov 9th 2019, 1:03 PM

    @Thomas Sheridan: of course many do work too but can only hold down min wage jobs. That doesn’t suit the narrative for some though. Many were born and bred in the area also, have roots and family there. Where were the middle class whingers when houses were affordable around the city centre. Why did they not snap houses up then? Some did of course and are now renting to, exploiting even, others. Offer most accommodation there now and they would still turn their noses up at it, a bit too close to the working class perhaps.

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    Mute GrumpyAulFella
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    Nov 9th 2019, 1:06 PM

    @Bleurgh: but sure if life is so great on the housing list then why don’t you stick your name down? I’m sure it’s not all Lattes and Brown Thomas. You do realise that there are many people working hard on min wage on that housing list?

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    Mute ken gray
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    Nov 9th 2019, 1:37 PM

    @Thomas Sheridan: well said !

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    Mute Thomas Sheridan
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    Nov 9th 2019, 1:47 PM

    @Charliegrl80: – of course I cannot speak for everyone in a short post and I am happy to accept your views and share your sympathy for low wage earners. They are mearly rent and tax slaves with no way out.
    But perhaps you should read my post more carefully because I only made reference & comparisons with people being rewarded after never working.
    Google “Gilmartin Road” for just one of many examples that I could give.

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    Mute Home CCTV
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    Nov 9th 2019, 2:26 PM

    @Thomas Sheridan: the people living in these flats are being harassed by guards, not the other way around. You clearly have no idea what it’s like to walk outside your home, minding your own business to be pulled up on by 4 guards in 1 car asking questions that don’t need to be answered, intimidating and conducting illegal searches every single day. There is a reason they get treated disrespectfully in these areas and I’ll give you one clue: it’s not because they treat us respectfully.

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    Mute Dave Stewart
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    Nov 9th 2019, 2:34 PM

    @Thomas Sheridan: another whinger, bahaba poor you

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    Mute Bleurgh
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    Nov 9th 2019, 3:09 PM

    @GrumpyAulFella: I’m merely making a point that as someone who is not from Dublin, bought a private house in a largely social housing area in the city that the narrative that is being put about is that I should have bought on the commuter belt, that I took a house that the council should have bought and given to a “local working class family” that as myself and my spouse are “office workers” not from they area that we were denying those families a house…I spent my early formative years in a council house, where my parents saw it as a hand up, not a hand out. Many of those living now where I live, of my age, complain they didn’t have the opportunities, yet college grants were available to them tpo, and universities and colleges within walking and cycling distances!

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    Mute GrumpyAulFella
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    Nov 9th 2019, 3:38 PM

    @Bleurgh: if you bought a house in the city then you d

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    Mute GrumpyAulFella
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    Nov 9th 2019, 3:39 PM

    @Bleurgh: if you bought a house in the city then you deserve that house. Anyone who thinks otherwise deserves no respect. Anyone who taints all people on the housing list with the same brush also deserves no respect. It’s not east to be admitted to some 3rd level colleges with certain addresses.

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    Mute Philip O'Dowd
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    Nov 9th 2019, 7:11 PM

    @Thomas Sheridan: No one stopping you from doing the same! If it’s this easy handy life!

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    Mute Gary Kearney
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    Nov 10th 2019, 2:53 PM

    @Bleurgh: An outsider as you have an education, you certainly dont come across as educated with comments like this one.
    People do not choose to put their name on a housing list as is an easy way to get a home, its not. It can take years.
    I know this as I ended up on the housing list through no fault of my own. As it was it would have taken me 15 years to get a home on the list

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    Mute eileen boles
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    Nov 18th 2019, 7:24 PM

    @Thomas Sheridan: so all people from coucil houses create trouble for the state u should try gettin out more.

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    Mute eileen boles
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    Nov 18th 2019, 7:26 PM

    @Thomas Sheridan: & keep feeling sorry for youself, its v attractive.

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    Mute herp
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    Nov 9th 2019, 11:04 AM

    Brown envelopes aplenty..

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    Mute clemguis
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    Nov 9th 2019, 11:21 AM

    How? When DCC councilors started getting involved, i.e. from the start. This land should have been sold to the highest bidder in order to generate the most money for the city. The developer should have been selling the homes at market price (with the standard provision for social housing but no more than that). This was a golden opportunity for many hard-working people who have been saving a deposit for months/years to buy their first home or trade-up/down in a great location.

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    Mute Gary Kearney
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    Nov 10th 2019, 2:56 PM

    @clemguis: THat does not work as we saw in the last building boom. Public Housing is not something that can be done in a PPP.

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    Mute Karl Charlie
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    Nov 9th 2019, 11:07 AM

    These should be redeveloped as 100% social housing or very affordable housing, i havent seen any affordable houses built in this country unless you move to donegal

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    Mute Tim McCormack29
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    Nov 9th 2019, 11:32 AM

    @Karl Charlie: no they shouldn’t be 100% social housing.. Dublin doesn’t need more inner-city slums.

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    Mute Sinead Merrigan
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    Nov 9th 2019, 11:32 AM

    @Karl Charlie: 100% social housing has proven time and again not to work and perpetuate social problems

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    Mute Grainnewhale
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    Nov 9th 2019, 12:15 PM

    @Sinead Merrigan: Where do Hutch/ Kinahans live – Dublin 4?

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    Mute Gordon Hughes
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    Nov 9th 2019, 12:29 PM

    @Grainnewhale: the same location was a prime example of 100% social housing not working. Its needs to be a good mix

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    Mute GrumpyAulFella
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    Nov 9th 2019, 1:09 PM

    @Grainnewhale: the General lives in Rathmines, Hutch lives in Clontarf and Kinahan, if he wasn’t in Dubai, wouldn’t be living in Oliver Bond flats.

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    Mute Colonel Grant
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    Nov 9th 2019, 1:46 PM

    @Tim McCormack29:

    Agreed . Lest we forget O Devanney gardens was a 100 per cent social housing scheme for the past 50 years and for all if that period it was a pure kip of a place encompassing the worst social problems, Drugs , violence , murders etc.
    A balanced mix is the only way forward here.

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    Mute angie
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    Nov 9th 2019, 1:57 PM

    @Tim McCormack29: I agree with you- local to the park I can honestly say this area has been a no go area for well over 20 years with 100% social housing so proof it hasn’t worked so why repeat the same model? Duh! O’D gardens was blighted by anti social behaviour and drug use, 30% social housing is about right IMO, it’s a great part of the city especially now all those flats have been demolished- the champagne socialists will never be happy!

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    Mute angie
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    Nov 9th 2019, 2:05 PM

    @Colonel Grant: well said – guarantee none of the 109% social housing gang ever saw what it was like……or even know where it is!

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    Mute Gary Kearney
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    Nov 10th 2019, 2:57 PM

    @Colonel Grant: Did you live there as I know many people who did and loved the place.
    Drugs destroyed the place as it did a lot of areas.

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    Mute eileen boles
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    Nov 18th 2019, 8:02 PM

    @angie: but 50% private housing? too much I grew up in a private public housing estate vast majority was public housing worked v well.

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    Mute JDel
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    Nov 9th 2019, 12:11 PM

    mix of private/affordable/social is by far the best mix. anything heavily tilted towards 100% public housing, of any type, is a recipe for social problems.

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    Mute Niall Bourke
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    Nov 9th 2019, 11:19 AM

    Apart from the division of the units look at how long it all took. 11 years! On top of that in fifteen years time we’ll hear about all the faults leading to calls for the demolition and rebuilding and nobody will be accountable.

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    Mute JDel
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    Nov 9th 2019, 3:27 PM

    @Niall Bourke: and its only going ahead now because of the SocDems, FF, Greens and Labour. FG and Sinn Fein tried to sink it last week and cause further delays.

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    Mute tipptop9
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    Nov 9th 2019, 12:09 PM

    €250,000 for a 1 bed apartment, affordable don’t ya know

    39
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    Mute ken gray
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    Nov 9th 2019, 1:40 PM

    Oaklee housing on the ballymun road cost millions full of criminals local and foreign and unemployed who won’t work ! The place is wrecked already !

    49
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    Mute Padraic O Sullivan
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    Nov 9th 2019, 11:45 AM

    Check out Vienna. We are a joke.
    https://youtu.be/d6DBKoWbtjE

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    Mute Mary's Abbey
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    Nov 9th 2019, 1:32 PM

    @Padraic O Sullivan: The Vienna Model works because Austrian Citizens and long-term residents receive first preference in the allocation of housing, thus ensuring better social cohesion

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    Mute Gary Kearney
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    Nov 10th 2019, 2:58 PM

    @Padraic O Sullivan: Fully agree with you but there is no profit in that for the builders and developers and a certain party loves privatisation.

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    Mute Kate Fogarty
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    Nov 9th 2019, 12:31 PM

    mix of private/affordable/social housing by far is a recipe for big problems for those who will live in private and affordable!

    25
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    Mute Aine O Connor
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    Nov 9th 2019, 12:45 PM

    @Kate Fogarty: Why are the people who live in private and affordable houses all model citizens and those who qualify for social housing all troublemakers. Have you proof of this.

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    Mute Kate Fogarty
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    Nov 9th 2019, 12:51 PM

    @Aine O Connor: yes! Go in Island Key apartments in East Wall and ask anybody living in blocks 1,2,3,5

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    Mute Bleurgh
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    Nov 9th 2019, 2:59 PM

    @Kate Fogarty: yes or ask those who have lived there who sold up!

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    Mute Aine O Connor
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    Nov 9th 2019, 5:08 PM

    @Kate Fogarty
    : Thats hardly representative of Ireland as a whole.

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    Mute Gary Kearney
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    Nov 10th 2019, 2:59 PM

    @Aine O Connor: Snobs are snobs

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    Mute @mdmak33
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    Nov 9th 2019, 12:57 PM

    Soc dems, greens,and of course labour sold the community out.

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    Mute tgemainman
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    Nov 9th 2019, 5:17 PM

    Why not 100% private and make it high end housing for professionals and Chuck the social housing wasters into an extension in the grounds of mosey with the other parasites.

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    Mute eileen boles
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    Nov 18th 2019, 8:20 PM

    @tgemainman: must be great living in your black & white world.Should Get out more.

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    Mute Padraic O Sullivan
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    Nov 9th 2019, 12:38 PM

    Remember the word ‘ lobbyist’ does not exist in the Irish politicial lexicon or in main stream media. Lobbying doesn’t take place here. No siree….

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    Mute William Kelly
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    Nov 9th 2019, 5:34 PM

    More evidence that this government, & it’s fellow traveller co-conspirators in the supply & confidence scratch my my back & we will scratch yours deal, do not have any intention to provide sufficient social housing for working families.
    Their policy is to leave them to the vagaries of the rental market, with very little security of tenure, & perpetual squeeze on incomes to pay ever increasing rents. It’s a case of just include a minority quota of social housing to ensure that the market valuations for banks, builders, & offshore corporate investment reits are not affected.
    Voters need to see that this policy leads inevitably to the yuppification of our cities with a migrant office based population, displacing our own young folk to commuter towns, & OAPs unable to pay the rents after work.

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    Mute Mary Ward
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    Nov 9th 2019, 1:00 PM

    People are going to really have to start taking on politicians. Who makes the rule here . The department ? The minister who is bound by terms of a deal made by b lenihan for eu imf loan never laid before the dail cos TD opted not to have the govt account to the dail under at 28 and yet will vote thru estimate giving min permission incl murphy to SPEND ( he is telling council u go by that plan or i wont give the money) xxxxxxxx billions out of public fund but cant tell us the the 44 billion of the loan monies also in the fund wont be touched cos the deal not laid before the dail.

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    Mute Eddiewaldorf
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    Nov 9th 2019, 1:03 PM

    You my change the kennel but you have to out the dog back in

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    Mute Mary Ward
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    Nov 9th 2019, 1:35 PM

    TD have been giving far to many power to minister.

    They still have not learned lesson of the infamous promissory note that left us and the people struggling for housing with the burden of 30 billion debt to central banks cos minister exercised a power he was given by TD in legislaiton.

    B Lenihan would not have been able to do that with out the vote of TD in dail eireann The latest legislation only three month ago setting up rainy fund giving min access to pension funds to remedy ‘excessive budgetary deficit but no social housing.

    Do people realise the importance of TD vote on our lives. And here is another cost.

    Min Says to council u will not get the money unless u go by my plan and is is DAIL that gve the money no one else. He cld not say that without TD VOTES.

    TDs abdicated from the responsibilities under art 28 of constitution that government account to the dail and it show in the voting scandals now coming out .

    The terms of that laon to B Lenihan stick conditions on us to pay for banks or a euro but that loan and those loan terms never laid before the Dail and it need to be laid before it and reduce public deficit until the terms are approved by the dail and 44 billion loan funds ‘ringfenced until that done and that is our TD job /

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    Mute Gary Kearney
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    Nov 10th 2019, 3:02 PM

    From everything I have read and heard it was a situation where it was never going to be a win situation for the councillors.
    Council management will say if this does not happen it will take years to get something done and it will be worse than this.
    Public Private Partnerships is not the way forward. The Vienna Model of Social Housing is

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    Mute Dermot Lacey
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    Nov 10th 2019, 2:51 PM

    Conal for the record. I believe this is a good deal. Good on housing, good n housing initiatives and good for the wider community. As Councillors we have a broad responsibility – housing is one of them, building strong good communities with a good mix and good planning. I stand over this deal which in all the circumstances was the best deal deliverable- most Political people who criticised it have never delivered a single additional home in their entire political careers.

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