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Supreme Court allows convicted terrorist to appeal attempt by government to revoke his Irish citizenship

Ali Damache is currently serving a 15-year prison sentence in the US.

THE SUPREME COURT has ruled that a procedure which enables the Government to revoke citizenship from those who acquire Irish nationality is unconstitutional.

The finding was made to allow Ali Charaf Damache, an Algerian man who received notice that his citizenship was to be revoked because he pleaded guilty to terrorist offences, to appeal an attempt by the minister to do so.

Damache, who featured in the documentary Jihadi Jane, is currently serving a prison sentence in the US. He was extradited to the US from Spain in 2017, after he left Ireland.

He pleaded guilty in federal court in Philadelphia in July 2018 to a charge that, while resident in Ireland in or about 2010, he assisted an Islamist terrorist conspiracy.

In October 2018, he was sentenced to 15 years’ imprisonment – with credit for time served in Ireland and Spain – together with furnishing a consent to be deported to either Ireland or Algeria on his release.

The same month, the minister informed Damache that he intended to revoke his Irish citizenship on grounds of disloyalty to the State.

But in a ruling delivered today, Ms Justice Elizabeth Dunne found that Section 19 of the Irish Nationality and Citizenship Act 1956 did not meet the standards of justice required to revoke citizenship.

The judge ruled that because revoking a certificate of naturalisation may have “drastic consequences” for an individual, a high standard of natural justice must apply to any such process.

The case centred on the process around citizenship revocation, questions of procedural safeguards, and the consequences of loss of citizenship and its impact on the requirement of fair procedures.

Under Section 19 of the Irish Nationality and Citizenship Act, the Minister for Justice and Equality may revoke a certificate of naturalisation if a number of conditions are deemed satisfied.

These include if a certificate is procured by fraud or misrepresentation, if a person awarded a certificate fails in their duty of loyalty to Ireland, or if the person is resident outside Ireland for a continuous period of seven years without reasonable excuse.

Damache was deemed by the minister to have been disloyal to the State because he had pleaded guilty to a terrorist offence.

The court found that the Minister for Justice and Equality starts the Section 19 process, and then appoints representatives to an investigating Committee of Inquiry, which is sought by the person whose citizenship is to be revoked.

It also found that the Minister’s representatives then present the reasons for the proposed revocation and that at the end of the statutory process, the minister makes a decision on whether to revoke without being bound by the findings of the Committee.

But in her judgement, Ms Justice Dunne emphasised that an impartial and independent decision-maker was needed in the decision to revoke citizenship.

“Given the importance of the status of citizenship to an individual, I think it is quite clear that the process by which citizenship may be lost must be robust and at the very least… must observe minimum procedural standards in order to comply with the State’s human rights obligations,” the judge said.

She also found that although there was no suggestion that the committee’s members were anything but independent, in necessary procedural safeguards were not in place.

The Irish Human Rights and Equality Commission, which was a party to the case as an amicus curiae, that is, one which assists a court by offering information or insight on legal issues, welcomed today’s finding.

“Today’s Supreme Court ruling has recognised that these safeguards are central to the process of revoking someone’s Irish citizenship in line with our Constitution,” Sinéad Gibney, Chief Commissioner of the Irish Human Rights and Equality Commission, said.

“Citizenship is inextricably linked with the right to identity and a range of civil rights, therefore the Commission welcomes today’s Supreme Court ruling.”

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25 Comments
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    Mute Ronan Faherty
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    Oct 29th 2017, 7:07 PM

    Can it not just be called “the national children’s hospital”

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    Mute Brendan Hughes
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    Oct 29th 2017, 7:34 PM

    @Ronan Faherty: or if a name must go on it give it an Irish name. Cú Chullain Ospideal na leannì

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    Mute P.J. Nolan
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    Oct 29th 2017, 7:36 PM

    @Brendan Hughes:
    I can see that just rolling off the tongue….

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    Mute Jeanniejampots
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    Oct 29th 2017, 7:56 PM

    @Ronan Faherty: no because that’s already what Tallaght is and this is a new entity.

    12
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    Mute Robert Jones Smith
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    Oct 29th 2017, 8:32 PM

    @Ronan Faherty: Hospital Mc Hospitalface

    114
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    Mute The Risen
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    Oct 29th 2017, 7:08 PM

    Oh FFS. Perspective please labour. The choice of name won’t endanger children. Building it in a location already crippled with traffic issues at peak times will.

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    Mute George Oscar Bluth
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    Oct 29th 2017, 7:17 PM

    @The Risen: where would you have built it?

    17
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    Mute Dave Byrne
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    Oct 29th 2017, 7:41 PM

    @George Oscar Bluth: green field site possibly blanchardstown.

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    Mute lavbeer
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    Oct 29th 2017, 7:42 PM

    @TonyF: Westport maybe? Or where are you suggesting?

    6
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    Mute Dave Harris
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    Oct 29th 2017, 7:43 PM

    @The Risen: yeah, the m50 is a breeze to drive most if the time. (Only a person who hasn’t driven the m50 in the few years would suggest blanch)

    30
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    Mute The Risen
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    Oct 29th 2017, 7:50 PM

    @Diarmuid the 15th:

    twitter.com/urrfadder

    Diarmuid
    @urrfadder

    Joined October 2017

    Banned again dermo?

    58
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    Mute Jarlath Murphy
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    Oct 29th 2017, 8:02 PM

    @Diarmuid: Those aul plastic bullet guns don’t fire themselves you know, they have to aimed,

    36
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    Mute Steve Mac
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    Oct 29th 2017, 8:03 PM

    @Dave Harris: I’m on the m50 regularly. I suggest Blanchardstown.

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    Mute Joe Harbison
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    Oct 29th 2017, 8:05 PM

    @TonyF: Tell that to Jonathan Ball and Tim Parry’s parents.

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    Mute were jammin
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    Oct 29th 2017, 8:06 PM

    @The Risen: Are you sure Diarmuid has only been banned 14 times? He was up to 13 a few months ago if I recall correctly……

    31
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    Mute The Risen
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    Oct 29th 2017, 8:55 PM

    @were jammin: LOL! Looks like you hit a nerve. Dermos throwing his adorable little name calling tantrum.

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    Mute were jammin
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    Oct 29th 2017, 9:07 PM

    @The Risen: Yes, quite abrasive and childish to be honest. I’ll report it after the weekend……WJ out

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    Mute For Connolly
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    Oct 29th 2017, 9:10 PM

    @Diarmuid: nonsense!

    I detest everything SF, the IRA and their trolls stand for. They are a threat to our democracy.

    FC out….

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    Mute The Risen
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    Oct 29th 2017, 9:15 PM

    LOL!

    Another sim card down the tubes dermo?

    Just for the record folks, the real For Connollys twitter account is at the following…..

    twitter.com/ForConnolly

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    Mute The Risen
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    Oct 29th 2017, 9:19 PM

    @were jammin: Were Jammin. Oft imitated, never emulated.

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    Mute For Connolly
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    Oct 29th 2017, 9:24 PM

    @The Risen: remember that usurper troll account you also ran was banned many moons ago werejammin… rofl

    FC out…

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    Mute Paul Kelly
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    Oct 29th 2017, 9:37 PM

    @George Oscar Bluth:
    In the Phoenix Park on the site of St Mary’s hospital.

    The new Alder Hey is a stand alone children hospital in a parkland location as is the new Melbourne children’s hospital.
    Funny how they don’t need to be colocated with an adult hospital.

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    Mute The Risen
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    Oct 29th 2017, 10:01 PM

    LOL! Can’t see the stupidity of using ‘FC out’ twice one after the other.

    Silly goose.

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    Mute Christine O'Reilly
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    Oct 30th 2017, 3:46 AM

    @Joe Harbison: sorry but what has that got to do with the new children’s hospital???

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    Mute Padraic Courtney
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    Oct 30th 2017, 8:43 AM

    @The Risen: “By the time I get to Phoenix “

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    Mute Liam Ó Cuinneagáin
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    Oct 29th 2017, 7:10 PM

    Tír na nÓg !

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    Mute Fiona deFreyne
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    Oct 29th 2017, 7:11 PM

    @Liam Ó Cuinneagáin: I like it. It works on a few different levels, however tongue in cheek.

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    Mute Brendan Mason
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    Oct 29th 2017, 8:17 PM

    The Four Hour Traffic Jam Children’s Hospital.

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    Mute Deborah Behan
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    Oct 30th 2017, 8:47 AM

    @Brendan Mason: the article claims St James’s is on the outskirts of Dublin city center! Ha!

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    Mute Jarlath Murphy
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    Oct 29th 2017, 7:12 PM

    Can we just build it and then worry about the name? #spinoversubstance

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    Mute Deborah Behan
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    Oct 30th 2017, 8:46 AM

    @Jarlath Murphy: the problem with it having the exact same name as another major hospital will plague it and all the research and trials and accomplishments it makes until it changes its name or no longer exists. Ridiculous that this is not foreseen and avoided.

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    Mute Séamus Longshanks
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    Oct 29th 2017, 7:11 PM

    Agree, it is an artificial name with no meaning.

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    Mute Fiona deFreyne
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    Oct 29th 2017, 7:10 PM

    Someone suggested that the hospital be named when it is actually constructed.

    Others have suggested that it be called the AIB or Bank of Ireland Children’s Hospital in recognition of the marvelous and good humanitarian works done by the Banks in Ireland.

    I might suggest The Children’s New Hospital but it has to be a special name.

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    Mute Stephen Maher
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    Oct 29th 2017, 7:19 PM

    Brendan is allways Howlin but nobody is listening.

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    Mute winston smith
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    Oct 29th 2017, 7:33 PM

    On first impression ‘Phoenix’ just doesn’t do it for me.

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    Mute xor
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    Oct 29th 2017, 7:37 PM

    Talking about names, Labour is a bad name for the “Labour” party!

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    Mute Jarlath Murphy
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    Oct 29th 2017, 8:14 PM

    @xor: Labour is a terrible name for a party that gleefully cheered austerity measure after austerity measure and then justified it to themselves by talking about “Tough Decisions” which affected them and their unvouched expenses not one iota while sneering about dregs and expensive phones!

    I will never vote Labour ever again!

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    Mute Ted Murray
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    Oct 29th 2017, 8:18 PM

    @xor: __ That would be like the old British socialist newspaper that changed its name from The Daily Worker to The Morning Star. The Alf Garnett line was that they had to change the name because most of the people reading it were on benefits, and never had a job in their lives.

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    Mute Barry morcom
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    Oct 29th 2017, 9:30 PM

    can’t see why they don’t call it ‘ The vastly over budget and completely in the wrong place children’s hospital’ think that’s more appropriate….

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    Mute Davy Boy
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    Oct 29th 2017, 7:13 PM

    The Phoenix centre is the name of the new mental health hospital in Dublin 7 but I sure they know that

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    Mute Colette Kearns
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    Oct 29th 2017, 7:23 PM

    If they are going to name it after someone it should be “Cathrine Corless children’s hospital”!

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    Mute Colin Masterson
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    Oct 29th 2017, 8:12 PM

    Keep it simple. “Lir”..then the kids are the children of lir..

    35
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    Mute Irish Cottage Rental
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    Oct 29th 2017, 9:00 PM

    National Children’s Hospital. Nothing else to say.

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    Mute @mdmak33
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    Oct 29th 2017, 11:24 PM

    Labour party seem the public outrage on twitter etc and jumped on the bandwagon. They have 0 credibility on issues effecting the familys of this country after betraying them when in government 2011-2016.

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    Mute Triona Murphy
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    Oct 30th 2017, 12:28 AM

    Brendan Howlin thinks the name is bizarre?? Most of us are far more worried that the location and model of care are bizarre! All decided when labour were in Government! My favourite name is “The Hames in St James”

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    Mute Paul Coughlan
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    Oct 29th 2017, 10:24 PM

    And the Labour Party is trying to rise from the ashes. LABOUR PHOENIX

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    Mute Dónal MacAonghusa
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    Oct 29th 2017, 7:11 PM

    It is a sh*t choice … and probably will be changed ..Katie Taylor children’s hospital after this weekend is the best choice … but called it something like ICH and when some thing worth while happens or when someone dies change it…. all this cr*p and nothing done so far

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    Mute lavbeer
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    Oct 29th 2017, 7:30 PM

    @Dónal MacAonghusa: Agreed .. just build it!

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    Mute Fiona deFreyne
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    Oct 29th 2017, 10:30 PM

    The test will be whether or not sick children are ever admitted to this planned hospital.

    10
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    Mute alphanautica
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    Oct 29th 2017, 9:13 PM

    It should be named The Mayo Clinic after all the fine nurses that come from the proud county of the country’s best ever Taoiseach managing from economic crisis back to economic health.
    Surely this won’t cause any confusion, our Mayo came first.

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    Mute Eric De Red
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    Oct 29th 2017, 7:26 PM

    A stupid place for a hospital and now a stupid name to go with it.

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    Mute Paul Byrne
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    Oct 29th 2017, 9:57 PM

    They should just call it The Children Of Ireland Hospital.

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    Mute ED
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    Oct 29th 2017, 11:01 PM

    We do have the Phoenix park so saying it has no link to Irish history isn’t really accurate..

    And actually that’s one reason to reconsider the name, you wouldn’t want some taxi man bringing a sick kid to the park instead of the hospital or GPS making the same mistake.. A unique easy to say and remember name is important.

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    Mute Anne Marie Devlin
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    Oct 29th 2017, 9:42 PM

    It’s hardly a burning issue. However, is it not really close to the Phoenix Park? Or maybe we should rename that too

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    Mute Slim Browne
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    Oct 30th 2017, 11:58 AM

    I reckon they shud name it the “this shudnt have been built here childrens hospital”

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    Mute Paul Kehoe
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    Oct 29th 2017, 9:19 PM

    Tir na Og

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    Mute Brian O Reilly
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    Oct 30th 2017, 7:17 AM

    May be put the future name up for grabs to get funding via Advertising Revenue”,The Diageo,”sounds good.

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    Mute John Scott
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    Oct 30th 2017, 8:04 AM

    Maybe the Moan Joan Kelly Hospital

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    Mute Anthony Gallagher
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    Oct 29th 2017, 9:40 PM

    Stupid name phoenix ,was this not the name of a alcohol beverage ,lets give its name to someone out of our history books ,the wolf tone childrens hospital ,a hospital which through the fullness of time will serve all the nations children ,from all political and religious spectrums and all parts of the island of ireland

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    Mute Jun Stone
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    Oct 29th 2017, 8:23 PM

    Ah give it a rest, some people have f u c k all to give out about.

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    Mute joe
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    Oct 29th 2017, 9:41 PM

    Who gives a shit about the name! The last cation probably makes sense in fairness.
    It’s close to an existing hospital, not too far from the m50 and is accessible by rail + Luas from all major cities in the country

    5
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