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Black Art in Brazil:
Expressions of Identity
Kimberly L. Cleveland
Hardcover ISBN 13: 9780813044767 - Pub Date: 5/28/2013 Details: 216 pages, 6x9 Subject(s): Latin American - Arts
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"Cleveland successfully problematizes the term Afro-Brazilian art as a category, challenging many assumptions about black art in Brazil specifically, and in the African Diaspora more broadly." --Heather Shirey, University of St. Thomas
"An insightful and clear discussion of the world of contemporary black art in Brazil. Cleveland’s handling of the ways and means through which these artists deal with artistic production and its intersection with broader sociocultural and racial matters is spot-on. This is an important contribution to Afro-Brazilian studies." --Anani Dzidzienyo, Brown University
For decades, Afro-Brazilian art was primarily associated with religious themes. However, developments in the national discourse on race, ethnicity, and black art in the latter part of the twentieth century have produced a shift away from sacred symbols to art more representative of the complete Afro-Brazilian experience.
In this book, Kimberly Cleveland analyzes how certain modern and contemporary Brazilian artists visually convey "blackness." Through the work of Brazilian artists from different parts of the country who utilize a wide range of media, including photography, sculpture, and installation art, Cleveland investigates how each artist articulates "blackness" through his or her unique visual vocabulary and points out the ways it reflects their lived experiences.
By examining how these artists explore their African cultural heritage, Cleveland reveals the many diverse ways artists confront social, economic, political, and historical issues related to race in Brazil. Most important, Black Art in Brazil highlights how the markers of black art and culture in Brazil have continued to grow and diversify.
Kimberly L. Cleveland is assistant professor of art history at the Welch School of Art and Design at Georgia State University.
“An intelligent, well-written, adequately illustrated introduction to an important yet under-studied development in Brazilian art. It is an insightful contribution to the scholarship on art and race.”
“Cleveland looks, in an intelligent and instructive way, at the integral nature of black experience within the vibrant cultural fabric of Brazilian life and reminds us that the many stereotypes that have grown up around the subject of “Afro-Brazilian art” represent only a small fraction of the realities of today’s complex strategies of individual insight and creativity and collective expression.”
--The Americas; Quarterly Review of Latin American History
“Five Brazilian artists are featured who each add an important portion to the overall Brazilian art canon as well as Brazilian black art… this book does a fine job covering the true aspect of racism in Latin America, especially Brazil”
--Art Libraries Society of North America
Cleveland’s writing style, attention to the historical contexts of the themes she engages, and most centrally, her engagement with wxpressions of blackness, make this book a welcome contribution to the field.
--Estudios Interdisciplinarios de America Latina y el Caribe
Inspired by Cuba
El Techo de la Ballena
Ceramics of Ancient America
Hardcover: $110.00
Decolonizing Refinement
Sensing Decolonial Aesthetics in Latin American Arts
Historic Architecture in the Caribbean Islands
Creole Clay
American Interventions and Modern Art in South America
Painting in a State of Exception
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Berlin Wall anniversary: 25 years after the fall
You won’t find it in any of the physics books, but it takes 50 years to turn 87 miles of concrete malignancy into something elastic, from a structure conceived in hate to something artistic enough to be hailed as haute.
The Berlin Wall, as foreboding a static symbol of Cold War menace as any conceived, has done something that would have infuriated its armed Communist overseers.
It put down its guns and abandoned its post.
And in doing so it has become an evergreen tribute to liberty and one of history’s most nimble symbols.
Renown for the past 22 years as a site of exuberant triumph, the celebrations will take a somber turn on August 13, the 50th anniversary of the day the Soviet-controlled German Democratic Republic began to build what it euphemistically called its “Anti-Fascist Protection Rampart.”
Few would have ever imagined then what would eventually become of the blood-splashed concrete.
Today, more than 72 sections of the wall have been purchased or donated for display around the world in parks, presidential libraries, at museums, in church yards, in resort playgrounds, hotel lobbies and outside of Las Vegas casinos where people gamble for stakes far less consequential than the ones escaping East Germans used to face.
Klaus-M. von Keussler was a university law student in West Berlin in 1961. He remembers thinking when the wall began going up that it would be temporary nuisance.
He couldn’t have known it would endure for 28 years and would transform his life from earnest law student to passionate freedom fighter who risked his life to help 68 defectors defeat a wall fortified with beds of nails, attack dogs, bunkers and 116 watchtowers manned by guards with orders to shoot to kill.
“None of us believed it would last more than a few weeks,” says von Kuessler. “When we realized it wasn’t going away, we went into the escape helping business. We saw it as our duty. We knew a free Berlin was a bone stuck in the throat of the Soviets and their desire for a unified communist East Germany.”
The global euphoria of its November 9, 1989, tumbling has for an entire generation obscured the inhuman blight of what the wall meant to men like retired Col. Vern Pike.
“The bitterness of what happened there will never leave me,” Pike says. “The Berlin Wall today is something people celebrate, but I have too many excruciating memories of it to ever celebrate it.”
Beginning at 1 a.m. on August 13, a day of commemorations, prayers and artistic expression will take place at the Berlin Wall Foundation along the historic Bernauer Strasse. Ceremonies will include the readings of the names of the 157 -- a consensus tally -- East Germans who were killed trying to escape between 1961 and 1989. Some estimates put the total brutally gunned down at nearly twice that number.
More ceremonies will take place on the Contemporary History Information Mile where victims’ associations, border area museums, memorial sites will hold educational ceremonies.
Visitors will learn what Pike, today a 75-year-old military retiree living in Pinehurst, N.C., saw that infamous night when he was a 25-year-old Military Police 1st Lieutenant on duty at what became famous to the world as Checkpoint Charlie, a flashpoint of Cold War tensions between East and West.
“It was 1 a.m. and I got a report something strange was going on,” Pike says. “East German engineers were digging post holes in the middle of the street and stringing barbed wire around their quadrant of the city.”
Uneasy peace treaties from World War II had divided Berlin into four distinct sectors with victorious allies (U.S., French, U.K. and the Soviets) each getting one piece of the 3.5 million-person metropolitan pie.
In a series of moves that would foreshadow Communist intentions over the next three decades, the Soviets instituted a harsh police state, severed phone lines to the outside and began indoctrinating students into Marxist-Leninist beliefs. A brain drain ensued with East German professionals fleeing to the West.
They eventually built the Berlin Wall under the guise that Berlin had not been purified of Nazi influence.
The division led to near daily examples of human triumph and despair. The memories are indelible to Pike, author of the memoir, “Checkpoint Charlie: Hotspot of the Cold War.”
“There was so much heartache, violence and death,” he says. “And they kept making the wall worse and more lethal.”
Fluent in German and a visible authority figure, East Germans construction workers quietly beseeched him to intervene as they labored under the watchful eyes of the guards.
“I remember one East German helping to build the wall saying, ‘Lieutenant, I’m working as slowly as I can. What are you waiting for?’ He wanted us to knock the wall down down before it even went up.”
The world reacted with revulsion to each sensational death like on August 17, 1962, when Peter Fechter, an East German teenager was shot in the pelvis while trying to escape. His body lay tangled in a barbed wire fence and he bled to death in full view of of the gathering media. American soldiers could not rescue him because he fell a few yards within the Soviet sector.
Each escape attempt meant soldiers like Pike needed to balance their human instinct to intervene with understanding that any event could trigger an international incident that might turn the Cold War hot.
“I’ll never forget one refugee, an East German school teacher, who’d gotten ahold of a old U.S. Air Corp Ike jacket,” Pike says. “He just confidently walked past the East German guards who didn’t know what to think. When they finally realized it was an escape attempt, they grabbed for him right on the line at Checkpoint Charlie.”
A literal tug of war ensued between East German police and U.S. MPs with the struggling teacher serving as the human rope.
“One of my sergeants took out his billy club and he bopped the two Volkspolizei (East German People’s Police) on their heads. They let go and our guys dragged that teacher to freedom. All the Berliners were cheering like crazy.”
Most of the escapes involved more stealth, according to von Kuessler.
“We were always tunneling and forging passports and always looking over our shoulders because we could be arrested for our escape efforts. We never asked any of the escapees for money. Those of us who devoted our lives to helping people escape risked arrest on the western side of the wall and death on the eastern side.”
He eventually took a job with the United Nations and von Kuessler was in Ethiopia when the wall constructed to keep people in and ideas out began to collapse.
“I immediately flew to Berlin, climbed up on the wall and sat there and cried,” he said.
On the anniversary he intends to visit with friends who were strangers when they needed help evading one the 20th century’s most fearsome boundaries.
“We’ve become really close,” he says. “We were once bound by our shared hatred of tyranny. Today, we are bound by love.”
Labels: Berlin Wall anniversary, Berlin Wall escapes, Berlin Wall Foundation, Berlin Wall stories, Checkpoint Charlie, Contemporary History Information Mile, Peter Fechter
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Home > Concert Halls
In Vienna music is at home: the Musikverein.
Musikverein Vienna:
Musikvereinsplatz 1, 1010 Vienna
The Musikverein was inaugurated by Emperor Franz Joseph in 1870.
Since then the Golden Hall in the Musikverein is known by friends of music all over the world, not only because of the annual worldwide broadcast of New Year’s Concert by the Vienna Philharmonics, but also for being permanent seat of the Vienna Philharmonics and main stage of the Vienna Mozart Orchestra.
The Golden Hall fascinates the concert guests being a unique architectonic and acoustic master piece.
The Golden Hall in the Musikverein is air-conditioned.
Musikverein Vienna, Golden Hall
Everything in best harmony: the Brahms Hall
The Danish-Austrian architect Theophil von Hansen (1813 – 1891) created with the Brahms Hall in Musikverein the ideal frame for the perfect music enjoyment. Since the restoration after the original plans the Brahms Hall in the Musikverein displays his by visitors from all over the world admired, original beauty in full splendour.
On account of its excellent, world-famous acoustics the Brahms Hall is a frequent venue of the Vienna Mozart Concerts.
The Brahms Hall is equipped with air-condition.
Musikverein Vienna, Brahms Hall
Your Way to Musikverein Vienna:
History of the Viennese Musikverein
Wiener Musikverein, (English: “Viennese Music Association”), commonly just quoted The Musikverein, has a twofold meaning: it is the name of its famous Vienna concert hall, as well as the short name for the music society, Gesellschaft der Musikfreunde [Society of Music Lovers] which owns the building.
This building is located on Dumbastraße behind the Imperial Hotel, between Bösendorferstraße and Karlsplatz. However, because Bösendorferstraße is such a small street, the building is better known as being between Karlsplatz and Kärntner Ring (part of Ringstraße loop). The back of the building faces Canovagasse.
The concert hall was built by the Gesellschaft der Musikfreunde Wien, on a piece of land given by Emperor Franz Joseph, and it was opened on January 6, 1870. A historic organ was installed in it by the Austrian firm Rieger, in 1907. The Musikverein is famous for its acoustics and is considered to be one of the three finest concert halls in the world, along with Boston’s Symphony Hall and Amsterdam’s Concertgebouw. It is the home to the Vienna Philharmonic.
The Große Musikvereinssaal, or Goldene Saal (Golden Hall), is forty-eight metres long, nineteen metres wide, and eighteen metres high. It has 1,744 seats and standing room for 300.
Every year, the Vienna New Year’s Concert is held here.
Since 2001, the building has been undergoing renovation,
and several new rehearsal and concert halls have been installed.
© Wikipedia, 2010
Vienna on the top: the Vienna State Opera House
Vienna Opera:
Opernring 2, 1010 Vienna
The Vienna State Opera House was opened in 1869 with a gala performance of Mozart’s “Don Giovanni”. Since that time, it has been one of world’s leading and most famous opera houses. Great musicians have held the post of director, among them Gustav Mahler, Richard Strauss, Herbert von Karajan, Karl Böhm, Lorin Maazel and many others.
Your way to the Vienna State Opera:
History of Vienna State Opera
The Vienna State Opera (Wiener Staatsoper) is an opera house – and opera company – with a history dating back to the mid-19th century. It is located in the centre of Vienna, Austria. It was originally called the Vienna Court Opera (Wiener Hofoper); in 1920, it was renamed the Vienna State Opera. The members of the Vienna Philharmonic are recruited from its orchestra.
History of the Building – Construction
The building was the first major building on the Wiener Ringstraße commissioned by the controversial Viennese “city expansion fund”. Work commenced on the building in 1861 and was completed in 1869, following plans drawn up by architects August Sicard von Sicardsburg and Eduard van der Nüll, who lived together in the 6th district. It was built in the Neo-Renaissance style. This was the first opera built in Vienna.
The building was, however, not very popular with the public. On the one hand, it did not seem as grand as the Heinrichshof, a private residence which was destroyed in World War II (and replaced in 1955 by the Opernringhof). Moreover because the level of Ringstraße was raised by a metre in front of the opera house after its construction had begun, the latter was likened to "a sunken box" and, in analogy to the military disaster of 1866 (the Battle of Königgrätz), was deprecatingly referred to as “the Königgrätz of architecture”. Van der Nüll committed suicide, and barely ten weeks later Sicardsburg suffered a fatal heart attack so neither architect saw the completion of the building. The opening premiere was “Don Giovanni” by Mozart, on May 25, 1869.
Towards the end of World War II, on March 12, 1945, the opera was set alight by an American bombardment, which was intended for the Raffinerie in Floridsdorf. The front section, which had been walled off as a precaution, remained intact including the foyer, with frescoes by Moritz von Schwind, the main stairways, the vestibule and the tea room. The auditorium and stage were, however, destroyed by flames as well as almost the entire décor and props for more than 120 operas with around 150,000 costumes. The State Opera was temporarily housed at the Theater an der Wien and at the Vienna Volksoper.
Lengthy discussions took place about whether the opera house should be restored to its original state on its original site, or whether it should be completely demolished and rebuilt, either on the same location or on a different site. Eventually the decision was made to rebuild the opera house as it had been.
The Vienna State Opera is closely linked to the Vienna Philharmonic, which is an incorporated society of its own, but whose members are recruited from the orchestra of the Vienna State Opera.
The Vienna State Opera is one of the busiest opera houses in the world producing 50 to 60 operas per year in approximately 200 performances. It is quite common to find a different opera being produced each day of a week. As such, the State Opera employs over 1,000 people. As of 2008, the annual operating budget of the State Opera was 100 million Euros with slightly more than 50 % coming in the form of a state subsidy.
The opera company operates a repertoire system: more than 50 productions are staged every year, and there is a performance nearly every day for ten months of the year.
Vienna traditional and modern: the Konzerthaus
Vienna Konzerthaus:
Lothringerstraße 20, 1030 Vienna
The Wiener Konzerthaus was completed in 1913 during the reign of Emperor Franz Joseph and thoroughly renovated from 1998 to 2000. Today it is the seat of the Viennese Symphony Orchestra, which plays many concerts there throughout the year.
Important festivals such as the Viennese Music Weeks “Wiener Festwochen” take place in the Konzerthaus.
The Konzerthaus is equipped with all modern technical convenience , such as air-conditioned.
Your way to Konzerthaus Wien:
History of the Konzerthaus Vienna
The Konzerthaus in Vienna (in German language: Wiener Konzerthaus) was opened 1913. It is situated in the third district just at the edge of the first district in Vienna. Since it was founded it has always tried to emphasise both tradition and innovative musical styles.
History of Construction
In 1890 the first ideas for a Haus für Musikfeste came about. The idea of the new multi purpose building was to be more interesting to the broader public than the traditional Wiener Musikverein. In addition to the concert hall, the first drawings by Ludwig Baumann for the Olympion included an ice-skating area and a bicycle club. In an attached open air area 40,000 visitors would be able to attend events. The drawings were not accepted. However, today an ice skating area is situated right next to the building.
The Konzerthaus was finally built between 1911 and 1913. The architects were Ferdinand Fellner and Hermann Helmer (Büro Fellner & Helmer); the work was done in cooperation with Ludwig Baumann.
Performance facilities
The building is about 70x40 meters and had originally three halls, in which there can be simultaneous concerts, since they are sound-proofed. The original art nouveau building was partly destroyed during renovations and adaptions, but the building was reconstructed from original sketches in the 1970s. A historic organ was installed in the Konzerthaus by the Austrian firm Rieger in 1913. Between 1997 and 2000 the house was completely renovated.
Großer Saal, with 1,840 seats.
Mozartsaal, with 704 seats.
Schubertsaal, with 336 seats.
The Konzerthaus has the Vienna Symphony Orchestra, the Wiener Kammerorchester, the Wiener Singakademie and the Klangforum Wien in residence. Several subscriptions also include concerts by the Vienna Philharmonic Orchestra and other organizations.
The Wiener Konzerthausgesellschaft also conducts several Festivals during the year.
Early Music Festival Resonanzen in January
The Spring Festival Wiener Frühlingsfestival
The Internationale Musikfest in May and June
Wien Modern in the Fall
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Mars invests $1 billion in sustainability to help "fix" global business supply chain
RE100 member and global confectionery producer Mars, Inc. has pledged to invest about US$1 billion to slash greenhouse gas (GHG) emissions in its supply chain by 67% by 2050 – and to be at the forefront of the new low carbon economy.
Unveiled today, the 'Sustainable in a Generation Plan' builds on the company’s efforts which have already led to a 29% reduction of its emissions against 2007 levels. Mars wants to be fossil fuel free by 2040 in its own operations, and is increasing its renewable energy supply across its sites worldwide to reach this target.
“We’re doing this because it’s the right thing to do but also because it’s good business,” said Grant Reid, CEO, Mars, Inc., commenting on the plan. “We expect to have a competitive advantage from a more resource efficient supply chain, and from ensuring that everyone in our supply chain is doing well.”
“We congratulate Mars on their leadership in delivering a cleaner, prosperous economy,” said Amy Davidsen, Executive Director – North America, The Climate Group. “Mars was one of the first members of RE100 and is at the forefront of an unstoppable market force to transition to 100% renewable energy."
She continued, “This announcement comes less than two weeks before the opening of Climate Week NYC, the collaborative space for businesses and policymakers to implement the Paris Agreement, in order to keep global warming well below 2 degrees Celsius and avoid the most severe impacts of climate change.
"We look forward to major players like Mars showing how their continuing ambitious climate leadership drives innovation, jobs and prosperity.”
A collaborative effort
Today's announcement from Mars is also a call to fellow business leaders, NGOs and governments to put sustainability at the heart of their operations. Mars is a proud member of RE100, The Climate Group’s campaign with CDP bringing together the world’s most influential businesses committed to 100% renewable power.
Mars is already using or purchasing renewable electricity to cover 100% of its operations in Belgium, Brazil, Lithuania, the UK and the US. Next year, it is planning to add Austria, Czech Republic, France, Mexico, Spain and Poland to this list.
“We must work together, because the engine of global business – its supply chain – is broken,” and requires “transformational, cross-industry collaboration to fix it,” said Grant Reid.
"Business needs to look beyond our own operations to transform the entire value chain."
In fact, to date the majority of Mars’ emissions – approximately 65% – come from its own supply chain, which includes about one million employees. Working with suppliers to transition to clean power will help to reduce GHG emissions while future-proofing Mars’ own operations.
Mars has set an interim target to reduce total GHG emissions across its entire value chain by 27% by 2025, while reducing by half water use in excess of sustainable levels and holding flat the total. The plan will also help farmers in transforming how they grow crops in a more environmentally-friendly way, while increasing their income at the same time.
During Climate Week NYC, the company will also unveil a new plan to engage consumers in the climate agenda – featuring its iconic M&M’s characters.
“It’s time for companies to accelerate their game and work together, and work together with governments and civil society,” concluded Grant Reid. “This is a world issue and it requires all actors to work together.”
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All posts by Barry White
With less than three weeks to go before the general election on 12 December all the main parties, have published their election manifestos. Below are their proposals on the future of the media which I have taken from their manifestos (or ‘Contract with the People’ in the case of the Brexit Party). Any additional points I may have missed welcome. Continue reading Election 2019 – Future of the Media – what the parties say →
November 7, 2019 BBC, Public Service BroadcastingBarry White
Just hours before Parliament was dissolved at one minute past midnight on 6 November, the House of Lords’ Communications and Digital Committee published a report calling for urgent action to safeguard the future of public service broadcasting. The report – ‘Public service broadcasting: as vital as ever ‘ – points to the current threats and calls for urgent measures to safeguard the future of broadcasting as a vital part of UK society and democracy. It warns that public service broadcasters (PSBs) need to be better supported to ensure that they can continue to produce high-quality drama and documentaries which reflect and examine UK culture. In return, the broadcasters need to adapt to ensure that they serve and reflect all audiences. Continue reading Urgent action needed to support public service broadcasting says Lords Committee →
“Unless Julian is released shortly he will be destroyed.” Craig Murray
October 26, 2019 Campaigns, international, whistle blowingBarry White
It was some 15 years ago that Craig Murray first became a thorn in the flesh of the British State. He’d had a distinguished career in the UK diplomatic service, but his last posting in 2002-2004 as British Ambassador, Uzbekistan brought him into conflict with the State. Responsible for the UK’s relationship with Uzbekistan, he found Western support for the dictatorial Karimov regime unacceptable having exposed the human rights violations of the administration. In October 2004 he was removed from his post for his revelations. Since then he has pursued a varied career as an author, broadcaster and human rights activist and was Rector of the University of Dundee from 2007 to 2010. At the 2005 General Election, he stood against Foreign Secretary Jack Straw in Blackburn as an Independent candidate, winning 2,082 votes. More recently he has turned his attention to the treatment of Julian Assange, still being held in prison in Belmarsh high security prison, awaiting a hearing scheduled for 25 February on his extradition to the USA.
Continue reading “Unless Julian is released shortly he will be destroyed.” Craig Murray →
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Going to Hell in a Handbasket
And the Tibetan Mask
Several weeks ago, I was talking to GiGi, who lives in Buena Vista, GA. She is concerned that Forrest might have to return to the U. of Chicago Hospital around Christmas time. Understandably, they are both concerned, especially Forrest. GiGi has heard me talk about dancing with death many times and how those experiences are not pleasant.
I then asked whether I could talk to Forrest. He and I talked for a while about his return to the big city for tests. I told him about a dozen various tests that I have gone through in the past couple of months. I also said that I was worried about doing the dance again, this time would be the third time. I told Forrest that I had just had additional blood work done to determine whether I had either Brucella Ab IgG or Brucella Ab IgM. I had never heard of Brucella, so I looked it up on the Internet. It is an infection that I could have picked up while in Myanmar from either unpasteurized milk and soft cheese. That is a stretch for me, since I was in Myanmar nearly two years ago and did not drink milk or eat any cheese. Besides, when travelling in SE Asia, I picked up food poisoning several times. When you eat some bad food, it takes only a couple of hours to react, not two years.
Forrest laughed at blood test and even the name, Brucella. Then I told him that Brucella has been called various names in the past such as Scottish delight or Maltese fever. He thought that it was funny that I am Scottish and could have had Scottish delight.
Forrest thanked me for my concern and gave the phone back to GiGi. She appreciated my talking with Forrest since he had been rather depressed. She said that he used a phrase that his father said all the time, "It was like going to hell in a handbasket."
GiGi said that she never really understood what that phrase meant. I had to admit that I had no idea of its origins other than it meant when things go from bad to worse. Hence, going to hell in a handbasket related to one's demise due to immediate circumstances.
I told GiGi that I would google it and did. What I found was that there is no universally accepted etymology for that phrase. However, many scholars think that it developed during the time that the guillotine was used. The idea being that the head would drop into a basket after the guillotine severed the head from the body. Hence, the criminal's head was on its way to hell. I also found a citation that someone spoke of "going to hell in a wheelbarrow." Interestingly, at St. Mary's Church in Fairford, Gloucestershire, England, there is a stained glass window called the Great West Window.
The Great West Window
If you were to look at the bottom of the second row of windows on the right, you would find a blue devil pushing a woman in a wheelbarrow to hell.
The blue devil and the woman in the wheelbarrow
I told GiGi that sometime we need to journey to England and see the blue devil at work. However, in the meantime, I asked her to call if and when they needed to come to the U. of Chicago Hospital. We wished each other well and said good-bye. Nonetheless, it was not a half minute before one of my Tibetan masks started to talk to me.
"I couldn't help hearing you talking about a handbasket, wheelbarrow, and death. Here I am on the wall having been decorated by you for Christmas. Sometimes, you humans are a bit too much."
I apologized to the mask and expressed that I did not mean anything divisive. I just thought that the Christmas bow would add something festive. Besides, I had provided the mask a khata of white silk years ago. The khatas are given in Tibet as signs of respect. The Christmas red bow is just an additional increment for the mask.
The Tibetan mask's quick retort was, "What do you know about masks like me. You have another one in what you call the Zhðngguó Fáng, which means, in your language, the China Room.
I responded that I had been to Tibet twice and had visited the Tibetan refugee center in Dharamsala, India. I added that I care a great deal for the Tibetan people.
Finally, the mask relented and calmed down a bit as he went on about himself. "I am Mahakala, which in your language means great time. I have three eyes, which means that I understand the three bodies of Buddhism. The five skulls are for the five poisons: pride, desire, ignorance, anger, and jealously, which have been transformed into the five wisdoms: absolute truth, wisdom, equality, discernment, and all-accomplishing wisdom. I am a protector of all creation including all sentient beings like you, Forrest, and GiGi.
"All Tibetan Buddhists have a mask like me near the front door of their homes. It is there to protect them from illness and disease. Forrest will be fine. In the meantime, Christmas will be arriving in ten days. Then would you remove the red and white bow tie from me? It seems silly."
I promised him that I would after Christmas.
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You are here: Home › Artworks › Burial at Ornans
Gustave Courbet, 1849-50
This artwork can be viewed at the following website:
Courbet, Burial at Ornans
Musée d’Orsay, Paris
Following his visite to Courbet’s one man exhibition in 1855, Eugène Delacroix commented on Burial at Ornans in his 3 August 1885 diary entry:
“In this picture the figures are all on top of one another and the composition is not well arranged, but some of the details are superb, for instance, the priests, the choir-boys, the weeping women, the vessel for Holy Water, etc.”
Cited in Lorenz Eitner, Neoclassicism and Romanticism 1750-1850, vol. 2: Neoclassicism and Romanticism (Englewood Cliffs, NJ: Prentice Hall, 1970), p. 120.
Albert Boime interprets Courbet’s Burial at Ornans as a critique of French society:
“Courbet shrewdly exploits a funeral rite as the pretext for the reconciliation of the diverse constituencies of this society, for the funeral, like the Sunday dress, equalizes its participants and temporarily suspends the effects of the division of labor….The worker/peasant, whom the system daily impoverishes and reduces to a machine, takes his place at the interment as assistant to the clergy, as symbolic bridge between revolutions, and, ultimately, as the sturdy gravedigger who embodies the future. The ceremonial occasion and the funereal costume diminish the distance between town and countryside, between the urban and the rustic, so that the only difference that remained with the degree of ugliness.
Funeral at Ornans exemplified the realist-rural discourse carried to its logical conclusion, depicting the rural world as being as much a political and social mess as its cosmopolitan counterpart. It might be said as well that Courbet’s small rustic society was realizing itself as part of a larger constellation, evolving from the local to the national and fulfilling Rousseau’s conception of the ‘general will.’ Thus it is altogether unsurprising that the theme troubled middle-class art critics for one reason or another. While Louis-Napoleon’s regime was gradually suppressing republican innovations and trying to achieve a disciplined social order, Courbet presented an uncontrollable community with a seeming penchant for troublemaking.”
Albert Boime, Art in an Age of Civil Struggle 1848-1871 (Chicago, IL and London: The University of Chicago Press, 2007), pp. 182-3.
Michael Fried offers a singular approach to Courbet’s Burial at Ornans :
“As in my essay on the first two breakthrough pictures, I shall be concerned primarily with what I see as Courbet’s determination to establish a particular relationship, antitheatrical in essence, between painting and beholder, at a moment in the history of painting in France when the conventions of visual drama by means of which some of Courbet’s major predecessors had sought to exclude the beholder from the scene of representation were increasingly revealed as radically unsuited to the task – as emphasizing, rather than obliviating, the beholder’s presence.”…
“All of this raises the further issue of the Burial’s highly distinctive and frankly physical paint-handling, which as I see it is meant to evoke and thereby to solicit the beholder’s quasi-incorporation within the painting but which at the same time produces an undeniable signature-effect of its own that historically has tended not only to distance the beholder but to lead him to attribute qualities like aggression to the picture as a whole.”
Michael Fried, “The Structure of Beholding in Courbet’s Burial at Ornans,” Critical Inquiry, vol. 9, no. 4 (June 1983): 636, 681.
Similar subjects by Other Artists:
Edouard Manet, The Funeral, c. 1867 (Metropolitan Museum of Art, New York)
Erik Werenskiøld, Peasant Funeral, 1883-85
Albert Edelfelt, A Child’s Funeral, 1879 (Finnish National Gallery, Helsinki)
Born: Ornans, 10 June 1819
Died: La Tour-de-Peliz, Switzerland, 31 December 1877
Nationality: French
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See The Face Of The JUMIA Delivery Man Before His Murder, As Wife Speaks
Blessing, wife of late Chukwuma Eleje, a delivery agent with Jumia, an online marketing store, who was murdered and thrown into a septic tank, has said that their four children were still expecting the return of their father.
Mrs. Eleje, recalled how her husband promised the children that he was coming back home after the day’s work with a lot of goodies for them, lamenting that her 38-year-old husband was no more.
It will be recalled that Chukwuma was killed by three assailants at Shell Location, Mgbuoba, Off Ada George Road, Port Harcourt, where he had gone to deliver two phones.
The suspected killers, Sodienye Mbatumukeke, Excel Naabe and Joy Eluwa, had since been arrested by operatives of the Rivers State Police Command.
But the widow, who spoke on a Port Harcourt-based radio station, Nigeria Info, explained that the deceased was just an ordinary man with four children.
Wondering how she would cope, Mrs. Eleje added that her husband had promised to pay their rent before he was murdered.
“He left for work telling us that he would be back. He promised the children by telling them he would buy a lot of goodies for them. Up till now, they are believing that their daddy is coming back.
“How will I cope with school fees? Our rent has expired and the landlord gave us one week and now the one week has expired.
“Now, I am hearing my husband is dead; how am I going to cope? He was just an ordinary man with a wife and four children,” she cried.
On how, she got the news of her husband’s death, the widow explained that people were gathering at her compound and were telling her “sorry”, adding that she did not understand what they meant by that until it became clear that she had lost her spouse
“I did not know that the news had spread everywhere. My family and I were not aware until when I saw people gathering in my house telling me sorry. I was surprised, I didn’t understand why they were telling me sorry,” she said.Blessing, wife of late Chukwuma Eleje, a delivery agent with Jumia, an online marketing store, who was murdered and thrown into a septic tank, has said that their four children were still expecting the return of their father.
“I did not know that the news had spread everywhere. My family and I were not aware until when I saw people gathering in my house telling me sorry. I was surprised, I didn’t understand why they were telling me sorry,” she said.
Posted by Leye Omole at 5:21 AM
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Afternoons with Brian
Florida Georgia Line Reveals Release of New Album, “Can’t Say I Ain’t Country”
by Jim Casey | @TheJimCasey | December 11, 2018
Tyler Hubbard and Brian Kelley of Florida Georgia Line revealed they will release their fourth studio album, Can’t Say I Ain’t Country, on Feb. 15.
“We’re excited. In February, we’re releasing our fourth album,” said Tyler to Entertainment Tonight. “I think Feb. 15 is the official date, so we’re really excited. We’ve been working on that album for over a year now, so BK and I are definitely ready.”
“You can say a lot of things,” added Brian, “you can call somebody a lot of different names and have a lot of different opinions, but at the end of the day, when it comes to me and Tyler, you can’t say we ain’t country.”
The duo also revealed they are planning a headlining tour that will kick off in May.
In October, FGL scored their 16th No. 1 single as “Simple” reached the top of the charts. The duo has released three No. 1 albums: 2012’s Here’s to the Good Times, 2014’s Anything Goes and 2016’s Dig Your Own Roots.
Brian and Tyler recently earned their first Grammy nomination for “Meant to Be” in the Best Country Duo/Group Performance category.
photo by Jason Simanek
written by Jim Casey | @TheJimCasey | published December 11, 2018 11:40 am
category: NCD News | related posts: Can't Say I Ain't Country, Florida Georgia Line
Here Comes The Break Up In About Two Months
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Category Archives: Music News
Expanded version of Gregg Allman's debut solo album, “Laid Back,” and vinyl reissue of 1974 live album due in August
July 12, 2019 Music News
Mercury/UMeAn expanded and remastered version of late Allman Brothers Band frontman Gregg Allman‘s 1973 solo debut, Laid Back, will be released on August 30. Also coming out that day: 180-gram vinyl LP reissues of that record and
A storm is threat'ning: Weather forces Rolling Stones to postpone New Orleans show
Credit: Dave HoganRolling Stones fans with tickets to the band’s concert this Sunday, July 15, at the Mercedes-Benz Superdome in New Orleans this Sunday will have to be satisfied with seeing them one day later. The British
Sammy Hagar rocks out and chats with The Doors' Robby Krieger on next “Rock & Roll Road Trip” episode
Courtesy of AXS TV The Doors‘ Robby Krieger is among the guests featured on the latest episode of Sammy Hagar‘s AXS TV reality series, Rock & Roll Road Trip, which premieres this Sunday, July 14, at 8
Audio/video set documenting star-studded 2006 Pretenders concert released today
Cleopatra Entertainment In August 2006, The Pretenders teamed up with several guest artists at a concert in Atlantic City, New Jersey, that was filmed for an episode of the VH1 series Decades Rock Live! Now, a newly
“I never meant to hurt you”: Madonna's letter from Tupac to hit the auction block July 17
Kevin Winter/Getty Images via ABCIt’s been the focus of legal battles for several years, but a letter that late rapper Tupac Shakur wrote to Madonna explaining why he ended their relationship is going up for auction next
Barbie played guitar: David Bowie-inspired Barbie doll released on 50th anniversary of “Space Oddity”
Courtesy of MattelA new collectible Barbie doll dressed as David Bowie‘s famous alien alter-ego Ziggy Stardust was released today, to mark the 50th anniversary of the release of the late rock legend’s cosmic-themed song “Space Oddity.” Just
Listen to Elton John's new “Lion King” soundtrack song “Never Too Late”
Walt Disney RecordsThe soundtrack to the new CGI version of Disney’s The Lion King was released digitally today, and with it comes a brand-new Elton John song, “Never Too Late,” which you can check out now on
Don Henley to host, Billy Joel to perform at Walden Woods Project awards ceremony
Michael Loccisano/Getty ImagesDon Henley has tapped his friend Billy Joel to join him for a special event in Boston in September. Back in the 1990s, Henley founded the Walden Woods Project, a charity dedicating to preserving the
New David Bowie app celebrates 50th anniversary of “Space Oddity” and the first moon landing
ParlophoneToday, July 11, marks the 50th anniversary of the release of David Bowie‘s classic song “Space Oddity,” which hit stores nine days before the historic moon landing. To commemorate both milestones, a new app has been launched
Concert video featuring Santana's 1982 US Festival set due out in September
Shout! Factory A new home video documenting Santana‘s full set at the 1982 US Festival in San Bernardino, California will be released on multiple formats on September 6, two days after the concert’s 37th anniversary. Santana: Live
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Brain and Spirituality
1 Your Brain and Spirituality
4 Interactive
Your Brain and Spirituality
This article is a stub. More resources may be added over time.
About Our Research Resources ·
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Finding God In The Brain: New Findings Suggest Spiritual Center in Brain Joseph Brownstein, ABC News, Feb. 10, 2010
Researchers report in a new study today that they have found regions of the brain that seem to impact a person’s level of spirituality.
The researchers worked with 88 patients with tumors in various locations in the brain and found that those with damage in the parietal region — located in the top rear region of the brain — could be seen to have a change in their attitude toward spirituality, something that tends to be relatively constant in a person.
“This finding highlights the key role of parietal cortices in spirituality and suggests that changes of neural activity in specific areas may modify even inherently stable dispositional traits,” explained Cosimo Urgesi, one of the study’s lead researchers and an assistant professor in psychobiology and physiological psychology at the University of Udine in Italy.
The specific scale researchers used to determine spirituality is known as self-transcendence, a measure used to determine spirituality that appears to remain stable in a person over time.
The “God” Part of the Brain: A Scientific Interpretation of Human Spirituality and God Matthew Alper
Acclaimed by a wide range of experts, The “God” Part of the Brain is a classic. Matthew Alper presents a stunning argument: that our brain is hardwired to believe in a God. He offers a scientific explanation that we inherit an evolutionary mechanism that allows us to cope with our greatest terror – death.
The author also evokes his personal odyssey as he sought to understand why mankind created the concept of a higher power to deal with the fear and terror we experience due to our species’ unique awareness of the inevitability of death.
The “God” Part of the Brain has sparked praise by scientists such as E.O. Wilson, a two-time Pulitzer Prize-winner; E. Fuller Torry, “the most famous psychiatrist in America”; and Arnold Sadwin, former Chief of Neuropsychiatry at the University of Pennsylvania. The book has been adopted by universities across the country.
– Source: Description as cited by Amazon.com
The Spiritual Brain: A Neuroscientist’s Case for the Existence of the Soul Mario Beuregard
Following C.S. Lewis‘s dictum that to ‘see through’ all things is the same as not to see, neuroscientist Beauregard and journalist O’Leary mount a sweeping critique of a trend in the pop science media to explain away religious experience as a brain artifact, pathology or evolutionary quirk. While sympathizing with the attraction such neurotheology holds, the authors warn against the temptation to force the complex varieties of human spirituality into simplistic categories that they argue are conceptually crude, culturally biased and often empirically untested. In recently published research using Carmelite nuns as subjects, Beauregard’s group at the University of Montreal found specific areas of brain activation associated with contemplative prayer. But these patterns are quite distinct from those associated with hallucinations, autosuggestion or states of intense emotional arousal, resembling instead how the brain processes real experiences. Insisting that we have never entertained the idea of proving the existence of God, the authors concede that the results of our work are assumed to be a strike either for or against God and that on the whole, we [don’t] mind. Never shrinking from controversy, and sometimes deliberately provoking it, this book serves as a lively introduction to a field where neuroscience, philosophy, and secular/spiritual cultural wars are unavoidably intermingled.
– Source: Publishers Weekly, as cited by Amazon.com
Is This Your Brain On God?
More than half of adult Americans report they have had a spiritual experience that changed their lives. Now, scientists from universities like Harvard, Pennsylvania and Johns Hopkins are using new technologies to analyze the brains of people who claim they have touched the spiritual — from Christians who speak in tongues to Buddhist monks to people who claim to have had near-death experiences. Hear what they have discovered in this controversial field, as the science of spirituality continues to evolve.
Neurotheology Wikipedia
Neurotheology, also known as spiritual neuroscience, is the study of correlations of neural phenomena with subjective experiences of spirituality and hypotheses to explain these phenomena. Proponents of neurotheology claim that there is a neurological and evolutionary basis for subjective experiences traditionally categorized as spiritual or religious.
– Source: Neurotheology, Wikipedia entry [Last accessed, Feb. 14, 2010 2:17pm CET]
Putting Away Childish Things: A Tale of Modern Faith
February 14, 2010 Brain and Spirituality, Science and Religion, Stub
This article is related to:Brain, neurotheology, religion, spirituality
This post was last updated: Feb. 14, 2010
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MICHIGAN STATE UNIVERSITY FOOTBALL MEDIA CONFERENCE
Mark Dantonio
MARK DANTONIO: Good afternoon. First of all, I think this goes into our 10th spring, so some things change, some things do not as we move through the process. I think spring ball basically is sort of the beginning of the next phase for us. Obviously we go through recruiting after bowl games and such and then into winter conditioning.
But this is, I think, the first opportunity we have a chance to sort of see where we're at as a football team, watch our players, especially watch our young players as they've had an extra year to -- our freshmen, they had an extra year to redshirt and see how they come out of situations.
Will be very exciting for us. Again, we'll have our spring game this year. You guys have the dates on that. We'll have a spring student clinic, youth clinic. It will be before the spring game, as well. That attracted almost 2,000 people last year, 2,000 young people. So very busy time for us.
I think every spring brings forth a set of goals for us. Really they don't change. Probably pretty much the same that we've always been. We want to try to get 3 percent better as a player, as a program, I think every single practice. That's sort of inbred in us, I think, as a program and what my college coach told me to do as a player way, way back, so we'll continue to do those things. I think if you can do that for 15 practices, you get significantly better. I think that's what we're sort of measured ourselves against that.
We've got to address our needs and concerns. Obviously you have certain concerns that are inherent to every football team, and in other areas you just have basic losses, guys who have graduated, so you guys know the positions that we're dealing with, so you can take some questions with that in a little bit here.
Experiment with position change, experiment with new concepts. I mentioned our young players' experience, give our young players experience. We've got seven new freshmen that are coming in the door. It's going to be important for them to play and participate throughout spring, be 15 out of 15. So we'll look forward to our guys completing 15 of 15 practices. That's the goal, as well.
But I think our young players, especially our rookies, are going to benefit as much as most do due to their lack of performance against college players, playing in a scrimmage, spring scrimmage, with 50,000 people or so there. So all those type of things.
Fundamentally, I want to get better fundamentally, address all the different concepts, new concepts and tweaks defensively, offensively, and special teams, and then obviously we want to stay healthy and keep our attrition rate low in terms of who's practicing every day.
And then I guess the final goal would be back-to-back, and by that I mean win back-to-back championships as we go towards this next phase.
I'll take some questions and go from there.
Q. What are your expectations on the quarterback contest?
MARK DANTONIO: Well, I think we have four quarterbacks. Obviously we have two guys with more experience, Tyler O'Connor. O'Connor will go in as the leader at that situation. But that's going to bear out over August camp and really over the first couple games. We'll see how everybody performs. But we're going to give everybody opportunities. Messiah deWeaver is one of those rookies. Brian Lewerke is one of those guys who redshirted. I think you'll see a much more experienced quarterback. Damion Terry is going into his fourth year, and then obviously Tyler O'Connor is going into his fifth year.
We've got a lot of different levels of experience there, but with that, I think it'll be exciting quarterback race, and we expect great performance there. You've got to play, though, in the games and be consistent, be a playmaker.
Q. You haven't had this situation at quarterback since 2013. What did you learn during that time both at this time of year and how you're going to apply it to this --
MARK DANTONIO: Really what do you learn? You look at 2013, we had no quarterback. The situation really in place after '12, we had some guys experienced, but we had competition I guess is what I would say. We go to the Rose Bowl. You look at this last year, we lose three players in summer camp that some may think are three of our better players in R.J. Williamson, Vayante Copeland and Ed Davis and yet we win a championship. We had numerous injuries this year, overcame those.
So I'd say it's a crapshoot. I'd say that. I'd say it's pretty much a crapshoot.
Spring is to figure out who's who. That's why we're not opening it to the press early on. I think that it's important for guys to get their feet on the ground, let them go through the process a little bit, let us evaluate our players a little bit, and then next week we'll open it up a little bit, have a little bit more clarification on where we're at.
Q. You had a few guys coming off fairly significant injuries.
MARK DANTONIO: Yeah.
Q. Copeland, Davis, Finley. Are they good to go right out of the gate here in the spring or are some of them working back in over the next few weeks?
MARK DANTONIO: I think especially Ed Davis is working back in. Dennis Finley, as well. Vayante looks pretty good. He's gone through all of our winter conditioning program.
I think that's why we just put it on there like that, because we don't like to talk about injuries too much.
Q. Looking at the offensive backfield, Delton Williams the fullback, I'm just wondering, was that something you thought about for a while, maybe even last year a little bit for him, maybe something for his future, and then also Drake Martinez moving to tailback?
MARK DANTONIO: Yeah, you know, we have three tailbacks with experience, obviously four when you count Delton. Delton is a good football player. He's a big guy. I think he can make that transition to the F, and we'll see how that works out. But I think he's a football player. I think we have to give him the opportunity to show that.
He demonstrated that his first two years, and so this is where we're at right now. Doesn't mean he does not play tailback, it just means that he has an extra opportunity there.
Drake Martinez is a guy -- he's a good football player. He's been hampered a little bit by injuries, but I think he's got great speed, and he's played -- you saw him play a lot of different positions in high school and in junior college, so we wanted to try him in that area.
Q. Has Delton been returned to being on scholarship?
MARK DANTONIO: Delton will go back on scholarship in the summer, and I appreciate you asking me these one at a time. Good lesson out there for everybody else.
Q. When you talked about a sixth year for Ed Davis, the way I understand the NCAA rule, it cannot be applied for until he's graduated.
MARK DANTONIO: Correct.
Q. So would that be a later summer decision just because of his graduation schedule?
MARK DANTONIO: He's on track to graduate probably by either this semester or early in the summer, so he's on track for that. He's on track. That's all I can tell you.
I think he'll make that.
Q. Brian and Cody both you have at the center position. Is that trying to get the best five guys out there?
MARK DANTONIO: We've always used multiple players at center. I think that we need to train a guy into that position, as well. Cody has a tremendous amount of experience, and so we felt like that's a position that he could possibly play, so we'll experiment with that position, move a little bit, and then also Brian Allen will play guard, as well.
Q. Craig Evans and Montez Sweat, last time we talked, I think Sweat was in limbo --
MARK DANTONIO: At the limbo position.
Q. Are these guys both reinstated in good standing now?
MARK DANTONIO: They're both participating in spring practice, so yes.
Q. I saw Malik walking around at pro day last week. Is he healthy and able to go this spring?
MARK DANTONIO: Yeah, I'm not talking about injuries, but he'll go this spring.
Q. Offensive line question: For you there's so many intricacies about that, it's almost like a beautiful ballet when an offensive line works together in harmony. How quickly would you like to find that starting five so they can get some continuity together?
MARK DANTONIO: Yeah, really the last three years, we've used about eight guys, so it's been a situation where -- and I think Coach Staten has done a great job with this, getting different guys experience to be able to play eight guys and move them really in and out of games like that, and that's benefitted us, I think, when we've had injuries. We've been able to plug in a guy that has significant game experience.
So I think we'll still maintain that approach. I think we have those numbers. That's been a good thing for us. So guys like Tyler Higby, some of our younger players, Cole Chewins, those guys are redshirt freshman, Noah Listermann, redshirt freshman, those type of guys, to see how they've come, but it's early in the spring, but I do think that some of those guys have a big upside. David Beedle moved over there, was a redshirt freshman last year. I think that's going to pay dividends. Clemons is back for a sixth year, so we've got different pieces in there who we can move people around with game experience, and then also I think it just benefits us to have eight moving around.
I don't think five any more is the perfect answer for us. I think eight more is like it.
Q. You said experimenting with the position changes. When you look at this depth chart, a lot of guys look different from the last time we saw them. Are a lot of these just that, experiments where they could go back fairly easily, or are all of them sort of a thought that --
MARK DANTONIO: Puzzle.
Q. How much of it is a puzzle you figure out?
MARK DANTONIO: I think there are experiments, and then also I think that -- we're trying to put people in a position -- the best positions for them to play. That's number one. Number two, we're going to try and promote growth and stretch people. So I know where Kodi Kieler can play. I know where certain players can play, so we need to stretch them and see can they play at these different positions as we move forward. Just an example. So that's what we tend to do in the spring. That doesn't mean, is it a week or is it a couple days, is it a -- is it an entire month-long situation, so we've got to figure that out as we go.
But we do want to try and expand our players' knowledge, and the best way to do that is to work them at other positions sometimes.
Q. You mentioned tweaks. Can you give us any more on what kind of things you might be adding or changing on either side of the ball?
MARK DANTONIO: No, not really. You know, I think that what we've done is we've had a lot of time to really digest what we've done. We've done a great job, I think. Our offensive and defensive and our special teams groups, we've really taken what we've done and really analyzed it to the best of our abilities, but we've taken our time doing that and looked at it very objectively in all areas. We won 12 games last year, and we've been pretty successful here as of late, but I think you can always get better.
We look at the areas where we're deficient conceptually, and try and improve those areas, whereas some things where we've not been -- some things we've not done, and we try and go there with that aspect, as well. Without really saying what we're doing, yeah, we're trying to change for the good.
Q. Significant?
MARK DANTONIO: Not significant. I think significant would be a mistake.
Q. Last season you talked a lot about the senior class and maybe the greatest senior class you've had, certainly it's the winningest. I guess the flipside is that puts you in position for perhaps your biggest rebuild. Can you talk about how this team may look different, what you expect to change? I know not maybe scheme but as far as the look of the team, personality and such?
MARK DANTONIO: Yeah, you know, I think every college football team goes through cycles where people come and they move through the process. I think wide receiver is a position that you look at and say, wow, they're going to have some new younger players there. It's important at that position that we move in that area and find out what those guys can do, Cam Chambers, Donnie Corley certainly, and then also you've got some other guys like Monty Madaris who needs to have a great senior year, some different people like that.
Obviously R.J. Shelton is established; Delton Davis, the guy that had -- I think even though you really didn't see him until the end of the year, he was very impressive throughout the year as a true freshman, and I think you'll see great things from him. I think I mentioned five guys there.
Darrell Stewart is another young player that you've got to look at as he moves forward. Got some other guys who are very steady players, Barksdale, Macksood. Sowards is a guy that has shown his positive aspects there.
But that's just one position. So I think you're right, we had a great senior class. You need to have your best senior year. If you want to have a great football team, you've got to have your best senior year ever. I really feel like that. I think the last three senior classes may have done that. It remains to be seen if this class will or not, but I think there's some great integral parts there, especially when you look at Knox, Clemons, Ed Davis coming back from that senior class, and all three of those guys are good football players.
So there's a nucleus there, and that will help us solidify situations. Obviously we have some -- we've got a new quarterback situation where we've got a fifth-year quarterback in there with another fourth-year guy with two promising freshmen. Yeah, things are going to change. There's a look that's going to change, but I do think that's the challenge of college football, being able to be consistent and play consistently, and I think we've tried to meet that challenge year in and year out as evidenced by the amount of wins over six years or nine years or three years.
Of course we're picking the good stats, okay, but I think that's natural.
Q. I noticed no long snapper on there, just kind of where we're at with that now for the spring, and then also speaking on the special teams, where Jalen Watts-Jackson is health-wise headed towards this?
MARK DANTONIO: Yeah, we don't talk much about injuries, but he's participating to some degree. And then as far as our long snapper, we had two long snappers come in at mid-year. One is a -- when I say rookie, that means they're in their first semester. One is a rookie, another will be a redshirt freshman. Dylan Chmura also has long snapped as well as Cole Chewins, so we've got guys in-house that have done this, but they have not done it at game time, and we're going to miss Taybor Pepper. He did a great job for four years.
Q. You can from time to time be a glass-half-empty guy; although you don't like to go there, you can be. Sometimes when you look at all of your losses, do you need to remember in context that --
MARK DANTONIO: A few of those losses?
Q. Not losses on the field but player losses going into spring.
MARK DANTONIO: Okay.
Q. That other teams lost a lot of great players, too, and it isn't like you haven't been recruiting. How much do you need to remind yourself this time of year when you look at what you lost that the glass isn't half empty?
MARK DANTONIO: I think you always that, especially when you watch pro day last week, you see the guys that are leaving, you see the amount of success that they've had, you see a guy like Burbridge catching the ball or Cook throwing the ball and the defensive line. You see all of it. So you understand, like I said last week, there's a reason we've won. We've had great players here. But that should continue.
We've recruited at a high level. We've got an influx of good players coming in here, and you know, all they need is growth and experience, and sometimes that comes painfully, I guess, but we'll get there, and I think we have the makings of a very good football team.
Q. And with the struggles with special teams last year, do you expect to maybe spend some more time on it this spring?
MARK DANTONIO: We'll spend a lot of time on special teams, as we always do, but really when you look at our special teams, we have 38 players back who played on special teams, so we've got a ton of players back on special teams that have run down on punts, kicks, whatever it is, and again, some of the tweaks can conceptually change. Things changing conceptually may have to occur there, but we're going to evaluate, like I said, everything top to bottom.
Q. Is Reschke staying at money or sam? I know when Davis comes back, one of them may be looked at to start. Which one of them would that be?
MARK DANTONIO: I think Reschke would be a guy that would probably move out there faster than Ed, although Ed has the athletic ability to play out there, as well. So I'm not sure which. But if you really look at our football team, linebacker is a position of strength right now. If you look at us in the secondary, from an experience standpoint, when you bring back Copeland and Montae Nicholson and Cox, Darian Hicks, Tyson Smith has played, Josh Butler is going to be a good player, you've got Grayson Miller and Khari Willis back, Morrissey has played, I think David Dowell is going to be an excellent player for us, excellent player. You've got Jalen Watts-Jackson who's really doing some great things for us at the very beginning.
I mean, those guys are all viable football players. They show up on special teams. They've all played for us. With the exception of David Dowell, I think every one of those guys have played. So that's a position of strength for us.
And then you go to the front and you've got some good players up there.
You know, I think that -- I can't remember the question we asked, but I think -- yeah, he may. I think he can play any of the three. He's pretty versatile.
Q. I remember after the Cotton Bowl, you said your wife was telling you to quit watching the thing and get over it, and a few weeks ago in Grand Rapids that was still kind of a work in progress for you.
MARK DANTONIO: I'm way past that.
Q. And any advice for Tom over there on getting past one of those shockers that you're having trouble with?
MARK DANTONIO: You know, Coach Izzo really is the face of Michigan State athletics for the last 20 years. He really is. The amount of impact that he's had on people has obviously been very significant. So I think coaches are judged in a couple of ways. They're judged by their players, do you make them better, and do you make them better players, do you make them better people, and I think that they're also judged by their peers. What kind of longevity do you have, what kind of success do you have, how do you run your program, and at the end of it all, you know, you win and you lose. Obviously losses are tough to stomach sometimes, but I don't think it in any way defines that program. It's tough to deal with. It's tough to deal with. But sometimes things create even -- sometimes things happen that make you stronger, I think. Everybody learns, everybody grows.
Q. Will you be going live with your quarterbacks this spring?
MARK DANTONIO: Depends how good they play.
Q. What do you get out of when they go live, or what are the pluses and minuses?
MARK DANTONIO: Well, I think the pluses are you get to see them with true results at the end of a play. I think the negative is obviously you get a guy hurt. But I do think that you have to see them play in a competitive situation to find out can they make plays under duress.
At some point in time you try and create that without getting them hurt. If that can't be created, then we'll turn them loose. That's what we've done in the past.
Q. When was the last time you went live in the spring?
MARK DANTONIO: I think it was last spring.
Q. Looking at the depth chart, you have Andrew Dowell. He's projected currently as the starter. I know there's talk about moving people around, but what does that say about Andrew Dowell? That wasn't even a position of need last year, a guy that looked like he'd be redshirted on paper. What is it about this guy that not only did you have him play as a true freshman when you didn't need him to, but also have him projected as the No. 1 linebacker?
MARK DANTONIO: I think Andrew is a doer, first of all. He's a guys that comes to work every single day. He's extremely goal-oriented as a person, and I think that carries over in his football life. He has great shock. His ability to shock you, played the secondary, like with St. Ed's in the same type of defense that we play. That transition to star backer was maybe easier, especially the terminology was maybe easier. There's probably more terminology here, but there was some similarities. So that gave him a big upside, and then he runs and tackles. He's a guy that from day one when we put the pads on, you noticed him. So when Ed was injured, that obviously thrust him up a little bit, but he had an outstanding summer camp last year.
Where he sort of fell back a little bit was change every single week, changing to play a different type of offense. But when he knows what he's doing, he can get there very fast, and he's a fast, physical guy that I think will be a tremendous player for us.
Q. One of the drawbacks of a loaded roster with talent is you have guys who have to wait their turn, whereas maybe when you got here, guys who sit now would play. How much do you use Joel Heath, who two years ago at this time wasn't even seeing the field and now he's played himself into the NFL as an example to guys? You can change position, things can happen, but good things happen to guys that work hard.
MARK DANTONIO: Well, I think he's a great example, a guy that stayed positive, a guy that really developed in the weight room. He came here as a 240-pound guy playing defensive end, made the transition to defensive tackle, ends up now he's over 300 pounds and benching 400, whatever. So I think he's transitioned his body, and usually when you're playing a big -- a defensive line position, offensive line position, it's going to take you a little bit of time to transition physically. So I think we've seen that happen, and we've seen that happen countless times early in our time here with our players. Ken Mannie, who was the strength Coach of the Year incidentally, does a great job with our players, and they work. Our players come here and they work, and I think probably as big as anything, the key to our success here has been our chemistry and our work ethic.
Q. You mentioned earlier that Vayante Copeland has looked good lately. Can you talk about what you saw in him prior to the injury and what you've seen in him this winter that makes you say that he's looked good?
MARK DANTONIO: I think first of all, prior to the injury, he's a quick-bodied guy, great ball skills, great tackler in space. I thought he had a great first game against Western, and then was playing in the game against Oregon. And then what I've seen him, I think he looks quicker, faster, very under control, very balanced, and that's what he's demonstrated throughout winter conditioning.
I want to thank Joe for all his -- Joe Rexrode for all his meaningful commentating over these last number of years. You've been great to work with, very fair, very professional in what you've done. I want to wish you the best down in Nashville. All the best to you.
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2x cd-audio
artist: CARL MICHAEL VON HAUSSWOLFF
title: PERHAPS I ARRIVE – music for Atatürk Airport, Istanbul
catalogue no.: aatp25
time: CD 1: 61:09; CD 2: 46:36 min
full colour digipak / 500 copies / designed by Akifumi Nakajima (Aube)
On “Perhaps I Arrive”:
This double disc set includes some of the most unusual sounds you will have heard from Carl Michael von Hausswolff. The story goes like this. Von Hausswolff was chosen by the 1997 Istanbul Biennal to create a sound installation for Atatürk Airport. His classic sound combining low frequency rumblings, very monotonous oscillations and hissy non-narrative sequences was deemed too confusing for the commutors.
It was feared, von Hausswolff’s sound installation might be mistaken for an alarm and would be capable of causing serious panic at the airport. Hence the original soundtrack for “Perhaps I Arrive” was neglected. This music can now be heard for the first time on disc 1. Carl Michael von Hausswolff’s response to the artistsic restrictions was to produce the four tracks you hear on the second disc. These only make use of the very basic pre-set industry sounds included in the Yamaha QY22 and show a new side to the von Hausswolff sound. Very simple, post-nuclear lounge music. These four tracks – you guessed it! – where happily used in the context of the Biennal exhibition.
Art is a three-letter word (William S Burroughs)
Carl Michael von Hausswolff was born in 1956 in Linköping, Sweden. He lives and works in Stockholm. Since the end of the 70s, Hausswolf has worked as a composer using the tape recorder as his main instrument. His compositions from 1979 to 1992 are constructed almost exclusively from basic material taken from earlier audiovisual installations and performance works, which consists essentially of complex macromal drones with a surface of aesthetic elegance and beauty. In later works, Hausswolff has retained the aesthetic elegance and the drone and added a purely isolationistic sonoric condition to composing.
Between 1996 and 1998 Hausswolff boiled away even more ornamental meat from the bone: his works are pure, intuitive studies of electricity, frequency functions and tonal autism within the framework of a conceptual stringent cryption. Hausswolff’s music has been performed throughout Europe and in North America.
He has often collaborated with other artists (such as Erik Pauser, Leif Elggren, Andrew McKenzie, Johan Söderberg, Zbigniew Karkowski, Graham Lewis, David Jackman, Jean-Louis Huhta and Kim Cascone). Hausswolff’s audiovisual works have also found outlets in pictorial art.
On the 27th of May 1992 at 12 Noon GMT, alongside Leif Elggren, he proclaimed the Kingdom of Elgaland-Vargaland, a new country established as a work of art.
www.cmvonhausswolff.net
Previous postaatp24 -- CD -- Toy.Bizarre/Pierre Redon: Saisons Next postaatp26 -- CD -- KKNull / John Wiese: Mondo Paradoxa
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Bill Cowsert for State Senate
2018 Legislative Session Review
Thank you for the honor and privilege of serving you in the State Senate. I work hard to provide the common sense conservative leadership you deserve and expect. Please contact me anytime I can help you with any matter concerning your state government. I humbly ask for your vote in the General Election on November 6th. Thank you.
- Bill
School Saftey
I research every issue before I cast a vote or draft legislation. I think my legislative record speaks for itself and I encourage you to look into it. You may be surprised at some of my votes.
I certainly agree with the assertion that: “Americans must be kept safe in schools, movie theaters, churches and other public gathering places with new legislation.” I have personally championed reforms to Georgia policy on domestic and international terrorism, which has strengthened the state’s ability to prevent terrorist acts, increased punishments for terrorist acts, broadened the language that defines terrorism, and given the Attorney General authority to prosecute terrorist acts. Under Georgia’s previous law, 10 people would have had to be killed to define a crime as an act of terror. To give you a real-life example of what that means, the Charleston church shooting, where nine people died, would not have been considered terrorism had it occurred in Georgia. Under the new law, attacks on as few as one person or on our critical infrastructure can be considered terrorism. But more important than prosecution is prevention. Legislation that I carried increases communication and information sharing between federal, state, and local law enforcement. My legislation has also created a Board of Homeland Security where experts in law enforcement, education, emergency management, and members of the private sector will continually bolster Georgia’s readiness plans making it increasingly harder for mass attacks to occur. In my role as a state Senator I will continue to protect you and other constituents from violent attacks and safeguard our Constitutional rights, including those guaranteed by the Second Amendment.
Education and CONNECT Act
As the son of a public school teacher I am committed to education and extremely proud that for the first time since 2003 - the Quality Basic Education funding formula for K-12 schools will be fully funded. I was also proud to support SB 3, better known as the CONNECT Act which creates a framework where students can receive on-the-job training and earn meaningful industry credentials while still in middle school or high school. The Department of Education will partner with private industries in Georgia so students can have internships and apprenticeships in real work environments.
I was proud to support SB 402, the first step toward universal broadband in Georgia. Rural parts of our state are still lagging behind in modern telecommunications technology – specifically with access to the Internet. In 1935, the U.S. embarked on a mission to route electricity to every home in America, no matter how rural. Later additions of telephone service and eventually television helped to tie rural towns and big cities into one larger distinctly American society. Just as President Roosevelt set a goal to electrify rural areas, the Georgia General Assembly is working to provide high-speed broadband Internet service to rural Georgia. In most rural areas, students have to drive to a McDonald’s so they can do their online homework. Doctors and hospitals have to set up their own networks to communicate outside their areas. Businesses are unable to locate themselves in some areas because they cannot effectively communicate online without significant network investment. SB 402 sets up the framework for universal rural broadband service that will make our Georgia communities competitive in the global economy.
We proudly passed the first cut in the state tax rate in Georgia history. HB 918 reduces both the corporate income tax rate and the top personal income tax bracket rate to 5.75% in 2019. HB 918 also doubles the state income tax standard deduction from $2,300 to $4,600 for single taxpayers, from $1,500 to $3,000 for married taxpayers filing separately, and from $3,000 to $6,000 for married couples filing jointly. This is truly an across-the-board tax cut that proportionally favors those in the lower income brackets. A middle-class Georgia family of four with a household income of $50,000 will see a 16- percent tax decrease. Georgia families of four with household incomes of $75,000 will see a 12.5-percent decrease and a Georgia household of four making $150,000 would see a 10-percent income tax decrease. Though we won’t truly know the effect of the tax reforms at the federal and state levels, economists have estimated that HB 918 will save Georgians more than $5 billion over the next five years. That’s a lot of change; a lot of creativity and investment; and, therefore, a road toward a lot of growth. We in the Georgia General Assembly are working to ensure that Georgia continues to be the number one state for business and that we continue to migrate toward opportunity, creativity, and innovation.
Senate District 46
Senate District 46
Republican Senate Majority Leader Bill Cowsert
- Bill
Help lead Bill to victory on November 6th!
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Written by Carolyn Partridge on June 1, 2019 . Posted in Carolyn's Blog, Notes from Montpelier 2019
To continue from last week, we passed, and the governor signed, H.205, our Pollinator Protection Bill. Among other things, it bans the use of neonicotinoid products for household use and improves education for beekeepers regarding the importance of controlling Varroa mites that are having a devastating effect because of the viruses they spread.
In S.160, the Agricultural and Forestry Development Act, we included a provision that allows the Secretary of the Agency of Agriculture to convene a seed review committee to review the seed traits of a new genetically engineered seed proposed for sale, distribution or use in Vermont. This is, in part, the result of concerns about products such as dicamba-resistant seeds that have caused devastating losses to farmers in the South and Midwest. If applied under certain conditions, dicamba can volatilize and drift, killing other crops. While most of the damage has been done to annual soybean crops, dicamba could wipe out long-term Vermont investments such as sugarbushes, hardwood stands, and vineyards. We are the first in the nation to take such an action.
On the home front, but legislatively connected, are Acts 46 and 49. In preparation for a June 11th election to forcibly merge the Windham School District into the West River Modified Union Education District (WRMUED), informational meetings have been held in Jamaica and Newfane. There will be two more, one at the Windham Elementary School on June 3rd at 7 PM and one in Townshend at Leland and Gray Middle/High School on June 6th at 7 PM. We are strongly encouraging folks to attend these meetings or view the videos that can be found at https://www.brattleborotv.org/west-river-education-district/wred-info-mtg-52919.
The Windham School Board, which I chair, has deep concerns about this vote and is encouraging people to vote no because it potentially allows the voters of other towns to override the legally warned, Australian ballot vote that Windham voters took on Town Meeting Day 2017 to not merge. A subsequent vote on Town Meeting Day 2019, to authorize the School Board to sell the school to the Town of Windham, if the State Board of Education orders us to merge, passed on a 65-3 vote margin.
In a recent letter to registered voters in the WRMUED district, we expressed several reasons why we object to the vote. First, we believe strongly in the fundamentals of democracy and that voting is one of our most precious, basic rights. We asked that Windham’s vote to not merge be respected. We also take exception to the very language in the first article because it connotes that Windham is asking to be “accepted” into the WRMUED. We are not. We consider it a hostile takeover and we ask that voters vote no. Just as we believe that forced marriages are bad practice, we believe the same is true of forced mergers.
Second, we are engaged in a lawsuit that is still in process. Things are moving along but it is possible, and indeed probable, that this will be appealed to the Vermont Supreme Court. We feel that we have a strong case because the Vermont Constitution does not allow the taking of property without an affirmative vote of the people from whom the property is being taken without fair compensation. The giving of Windham School District property to the WRMUED without an affirmative vote of Windham voters is, in our view, an affront to the Constitution.
Third, the voters of the Town of Windham approved its FY2020 budget at Town Meeting on a unanimous voice vote, despite a sharp increase due to special education costs. We have signed contracts with our teachers and support staff who are relying on employment at our school next year and they have been told that if this motion passes, their contracts will be null and void.
Our two beloved teachers, Mickey Parker-Jennings and Sally Newton, have more than 35 years of combined service to our school. It has been suggested that if we are merged there is a strong chance that one of our teachers would be transferred to another school. Since Mickey has his Principal’s license, there is a strong possibility that it would be Sally Newton who would be transferred in her last year of teaching (she is set to retire after this coming year) after 25 years of service to our school. Such an action, in our view, is unconscionable.
Sally has brought amazing opportunities to Windham Elementary such as a school garden long before Farm to School was even thought of, daily music and weekly ukulele lessons for all children who want to learn including students from other districts and home schoolers, and a walking/running club to help promote physical fitness, just to name a few.
Little thought has been put into what transportation would look like or that it would even be provided. We are the only school that owns its own bus and hires its own driver, which is the most cost-effective way of providing transportation for our children. Our bus driver would be asked to work additional time each day that has not been budgeted for and we are not sure that he would be willing to do it. The WRMUED board will not say what would be offered in terms of transportation and fall back on the excuse that until they know what the vote is, they won’t say what would be offered.
The problem with Acts 46 and 49 is that they are unclear about what equity means. This allows one school to offer Cadillac services, such as all-day Pre-K at no cost and aftercare services, while claiming to want to improve opportunities for all. With the advent of elementary school choice, it is enticing to abandon one’s hometown school. We are seeing the results at the Jamaica School where one-third of the students have chosen to go to Townshend School, leaving 30 students in Jamaica. We sadly wonder how long Jamaica will be able to maintain its school.
We have been promised that only a town can vote to close its school, but we were told at the Newfane meeting that in the future the WRMUED could change its Articles of Agreement nullifying that provision. We fear the decisions that might be made by this board regarding our small, geographically isolated school and the negative impact they could have on the education of our students, when we have only one member to represent our position. We remember that in a pre-merger letter it was promised that there would be no immediate “day to day” operational changes and that “students will continue going to their town’s elementary school”, and yet within the first year they voted to move all the sixth graders from the elementary schools to Leland and Gray Union Middle/High School. When petitions with 200+ signatures were presented to the WRMUED Board asking for a reconsideration and vote, they were essentially dismissed.
If we are forcibly merged and the Windham School ultimately closes, our choices for elementary school would be limited to Jamaica, NewBrook, and Townshend Schools, but Windham is separated by a steep, high-risk rural road from those schools and many people in Windham have stronger ties with the Londonderry and Chester areas. Parents may want to send their children to other schools such as Flood Brook, Chester/Andover, Grafton, or any other approved independent school of the students’ parents’ choice. Voting no now would allow for that possibility in the future.
After the Newfane meeting, the man sitting in front of me, a Townshend resident who had asked excellent questions about the benefits an affirmative vote would bring, turned to me and said, “I don’t know why anyone in the other towns would vote for this”. In fact, the increased opportunities were illusive and the unanswered questions many.
According to the pamphlet sent by the WRMUED, taxes in Jamaica and Townshend would go up one cent and stay level in Brookline and Newfane. Taxes in Windham would go down thirty cents for one year but at what cost? Loss of possession of our building, land, and school bus? The necessity to undo the arrangement if we prevail in our lawsuit? Loss of control of our budgeting? And it should be noted that these tax rates are, in part, due to provisions included in Acts 46/49 to make merger more attractive, but that will disappear in the near future.
In short, the Windham School Board is asking for another year to resolve the lawsuit, honor the contracts with our teachers and staff, and make decisions about the future of our school that will truly offer the best educational opportunities for all of Windham’s children.
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How a Windshield is Made
In the early days of automobiles, cars were manufactured with an open-air design. Since they didn’t have windshields, drivers wore goggles to protect their eyes from wind and debris. This was inconvenient, so in 1904 the windshield was invented. The windshield became very important in protecting passengers from outdoor elements, particularly as cars became more powerful and could ravel at faster speeds. The early windshields, unfortunately, were manufactured from glass that shattered upon impact. Since this led to an increase in injuries, an alternative was sought.
Manufacturers began making windshields out of tempered glass. Tempering is a special heat treatment that makes the glass stronger and harder, so that it resists shattering. This was the preferred type of windshield until the middle of the century, when multi-layered laminated glass began to rise in popularity. Laminated glass is strong like tempered glass, but bends slightly upon impact, allowing for additional protection against shattering. Laminated glass is now considered the safest type of auto glass, and is actually required by law in many countries including the United States.
What are windshields made of
The essential components of windshield glass are silica sand (SiO2), soda ash (Na2 CO3), dolomite ((CaMg)(CO3)2), limestone (CaCO3) and cullet. Small quantities of potassium oxide and aluminium oxide are often added.
Silica, comprising 60 to 70 percent of the total, is the key ingredient; it is what makes glass, glass. (Quartz, a glass-like substance occurring in nature, is made of silica.) Soda Ash reduces the melting point of the admixture. Dolomite allows easier working of the melted material while limestone improves the finished product’s durability.
These ingredients are mixed with a small quantity of water and heated at high temperature. The process of chemical fusion results in these ingredients fusing into a new substance – glass.
How Windshield Glass is Made
The materials used to create a windshield have several important properties. Obviously, the glass needs to retain its clarity over a long period of time. It also needs to be constructed of strong materials that will provide structural support to the roof of the vehicle in the event of a rollover collision. The windshield needs to be tough enough that it resists damage during minor collisions, so that the owner of the vehicle does not have to replace it after every minor fender bender. The most important characteristic is that it must be shatterproof, so that shards of glass are not sent flying in a major accident.
A material called laminated safety glass fulfills all of these requirements. Even though to the naked eye a windshield appears to simply be a sheet of regular glass, laminated safety glass is actually composed of three layers. The inner layer is constructed of poly-vinyl butyral, and it is sandwiched on either side by clear tempered glass.
This design serves a very specific purpose. When small objects such as rocks strike the windshield, it may chip or crack the glass. However, because of the inner poly-vinyl butyral layer, the damage is limited to the outside layer of the windshield. Imagine how dangerous driving would be, if every rock or piece of debris flung toward the windshield could shatter the glass. Aside from being dangerous, car owners would constantly spend money to replace such inferior windshields. The current shatterproof, layered design prevents these problems. The glass still needs to be repaired or replaced from time to time, but this innovation provides much safer and durable glass for our vehicles.
Most windshield glass is made using the ‘Float Method’ so named because the glass literally ‘floats’ inside a chamber during one of the manufacturing steps.
In the first step, the ingredients and water are mixed together in a refractory tank where they are subjected to very high temperature and melted. The resulting molten admixture is then passed through a very short but broad opening into a second tank, the ‘float chamber’. This chamber has a thin layer of molten tin upon which the admixture floats, hence the name of the process and the chamber.
From this chamber, the long sheet of molten glass is transported on rollers into another chamber, the lehr, which is a special furnace where the glass is annealed – gradually cooled. This is the ‘raw’ glass that will now be used to make windshields from.
This annealed glass is now cut to the required dimensions using a diamond cutting tool called a ‘scribe’. Next, it is shaped during and tempered though this is hardly the last step.
The glass sheet is placed on or into a mould with the desired curvature and shape and then is heated just to the point where it becomes soft but does not melt and, as a result, sags on or into the mould. Then it is cooled extremely quickly by shooting jets of cold air on it. This tempering process greatly strengthens and hardens the glass.
The last step to make a windshield occurs when two sheets of tempered glass are put on each side of a very thin layer of Poly-Vinyl Butyral (PVB). This sandwich is heated in an autoclave and pressed between rollers. This step makes the PVB transparent and fuses the glass sheets and PVB into a single slab of laminated safety glass. PVB lends anti-shatter protection as, in case of collision, the PVB layer holds back glass shards from travelling at high velocities.
Different sensors, attachments and mouldings may be integrated or fabricated into the glass. These include everything from rain sensors to multi-use antennas to hydrophobic coatings.
The windshield is now ready to be fitted and bonded into the metal frame of the vehicle. Special primers, adhesives and sealants containing polyurethane – commonly known as ‘urethane’ – are used for this purpose.
Car windshield sizes
The size of the windshield will ultimately depend upon the design of the vehicle. During the manufacturing process, sheets of tempered glass are cut with a diamond scribe to fit the car manufacturer’s specifications. The inner poly-vinyl butyral layer is also cut to the same size. After all three pieces are separately cut and molded to the correct shape, they can be assembled to form one cohesive unit of layered glass. This process is completed in an autoclave, a special oven that uses heat and pressure to bond the layers together. The windshield emerges ready to install in the correct size and shape as designated by the car manufacturer.
Since windshield size is dependent upon the car’s design specifications, there are as almost as many windshield sizes as there are different models of cars. For this reason, it is next to impossible to replace a windshield with one from another vehicle that is considered inoperable. For safety reasons, this would not be a good idea anyway. If a windshield needs to be replaced, a new one that fits the vehicle will have to be ordered.
Since the curve of the windshield is also precisely manufactured to design requirements, it is not possible to cut a larger windshield to fit a vehicle. This could result in a windshield that does not have the correct degree of curve and does not fit the vehicle properly. A windshield should only be replaced with the correct size of windshield according to the car manufacturer’s specifications. This is one area in which there is no shortcut repair that can be safely implemented.
Due to design standards, the size of windshields is increasing even as tiny smart cars are invented. The popular aerodynamic designs of the future allow for greater visibility, and hopefully, increased safety on roadways. It is predicted that the size of windshields will continue to increase in relation to the overall size of vehicles.
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The Board of Review has the powers and duties as prescribed by Wis. Stats. § 70.47. The board reviews reviews property assessment objections from property owners and certifies the assessment rolls. The Assessor and property owner will have the opportunity to present evidence supporting their position on a property valuation when a challenge is presented by the property owner. The Board of Review has the power to revise the property's value or maintain the property's value established by the assessor based on the evidence presented.
The Board of Review meets annually at least once for a minimum of two hours.
The Board of Review is comprised of five citizens of the city, appointed annually by the Mayor and confirmed by the Common Council. Appointments are three-year terms. The City Clerk serves as the clerk for the Board of Review.
If you are interested in applying for appointment to the Community Development Authority, please complete a Committee / Board / Commission Questionnaire.
Clate Bogan 193 E. Sunset Drive (608) 921-2217 2021
Darand Borneman 204 S. John Paul Road (608) 868-4759 2021
Jason Campbell 711 E. High Street (414) 510-8054 2020
Herb Stinski
321 Rogers Street (608) 868-2519 2021
Don Tyriver 925 Bowers Lake Road (608) 751-3094 2021
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Guaranteeing Civil Rights
Democrats will always fight to end discrimination on the basis of race, ethnicity, national origin, language, religion, gender, age, sexual orientation, gender identity, or disability. We need to promote civility and speak out against bigotry and other forms of intolerance that have entered our political discourse. It is unacceptable to target, defame, or exclude anyone because of their race, ethnicity, national origin, language, religion, gender, age, sexual orientation, gender identity, or disability. While freedom of expression is a fundamental constitutional principle, we must condemn hate speech that creates a fertile climate for violence. We condemn Donald Trump’s demonization of prisoners of war, women, Muslims, Mexicans, and people with disabilities; his playing coy with white supremacists; and the climate of bigotry he is creating. We also condemn the recent uptick in other forms of hate speech, like anti-Semitism and Islamophobia.
Guaranteeing Women’s Rights
We are committed to ensuring full equality for women. Democrats will fight to end gender discrimination in the areas of education, employment, health care, or any other sphere. We will combat biases across economic, political, and social life that hold women back and limit their opportunities and also tackle specific challenges facing women of color. After 240 years, we will finally enshrine the rights of women in the Constitution by passing the Equal Rights Amendment. And we will urge U.S. ratification of the Convention on the Elimination of All Forms of Discrimination Against Women.
Guaranteeing Lesbian, Gay, Bisexual, and Transgender Rights
Democrats applaud last year’s decision by the Supreme Court that recognized that LGBT people—like other Americans—have the right to marry the person they love. But there is still much work to be done. LGBT kids continue to be bullied at school, restaurants can refuse to serve transgender people, and same-sex couples are at risk of being evicted from their homes. That is unacceptable and must change. Democrats will fight for the continued development of sex discrimination law to cover LGBT people. We will also fight for comprehensive federal non-discrimination protections for all LGBT Americans, to guarantee equal rights in areas such as housing, employment, public accommodations, credit, jury service, education, and federal funding. We will oppose all state efforts to discriminate against LGBT individuals, including legislation that restricts the right to access public spaces. We support a progressive vision of religious freedom that respects pluralism and rejects the misuse of religion to discriminate. We will combat LGBT youth homelessness and improve school climates. We will support LGBT elders, ensure access to necessary health care, and protect LGBT people from violence—including ending the crisis of violence against transgender Americans. We will also promote LGBT human rights and ensure America’s foreign policy is inclusive of LGBT people around the world.
Guaranteeing Rights for People with Disabilities
No one should face discrimination based on disability status. Democrats are committed to realizing the full promise of the Americans with Disabilities Act. We will protect and expand the right of Americans with disabilities to get the accommodations and support they need to live in integrated community settings. We will improve access to meaningful and gainful employment for people with disabilities. We will provide tax relief to help the millions of families caring for aging relatives or family members with chronic illnesses or disabilities. And we will continue to fight for ratification of the Convention on the Rights of Persons with Disabilities.
◀ Fixing Broken ImmigrationFaith & Service ▶
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HomeCollege Sports JournalNCAA Division I SportsFCS FootballCollege Sports Journal Mid-Eastern Athletic Conference Game Previews: Week of 8/31/2019
College Sports Journal Mid-Eastern Athletic Conference Game Previews: Week of 8/31/2019
We are going to learn about plenty of MEAC teams after this opening weekend, especially when it
comes to North Carolina A&T going up against a power CAA foe in Elon, and a MEAC/SWAC clash
between Jackson State and Bethune-Cookman. A few FBS match ups have the potential for upsets, and we even have an in state rivalry.
Conference Game of the Week:
Jackson State (0-0) vs. Bethune-Cookman (MEAC/SWAC Challenge)
When: Sunday, September 1st , 3:00pm
Where: Georgia State Stadium, Atlanta, Georgia
TV/Streaming: ESPN2, Watch ESPN
Courtesy Clarion-Ledger
As a team on the outside looking in for Celebration Bowl aspirations, this will be a great opportunity to JSU to show that they are to be taken seriously this year when it comes to SWAC play and the world of HBCU football overall.
Picked to finish 3rd in their own division of the SWAC, the Tigers will need to show a lot more consistency in finishing off games and on offense if they want a shot in this game. Their scoring defense was in the top 3rd of all FCS schools last year, so it’s really on the less than stellar offense to show serious improvement.
Key Player(s): Whomever comes out of the QB battle between Derrick Ponder and Jalon Jones will be instrumental for JSU. There is also the very real possibility that we see both players in the game as well depending on how it goes. With a defense that will be expected to hold the line, if JSU gets something that even resembles competent QB play, this game could be very interesting.
Bethune-Cookman Wildcats
BCU has some serious Celebration Bowl aspirations this year with a North Carolina A&T in what many are perceiving as a “rebuilding” year, and other potential MEAC favorite FAMU on a self-imposed post season ban.
The Wildcats finished off the 2019 season very strong and look to build on that momentum coming into this 2019 season. What will be key for them is improvement on the defensive side of the ball, and with many of their top performers returning from last year, Bethune-Cookman can expect to
slash their less than stellar points per game average by about a touchdown, which would do wonders for them in this game.
Key Player: QB Akevious Williams will be the difference maker for the Wildcats if they hope to win this game. With an offensive line mostly intact from last year, we would expect to see this BCU unit improve from last year. They’ll be going up against a strong JSU defense, so this strength on strength match up will likely decide the game.
Fearless Prediction: I see this as a very tight game between a MEAC and SWAC program both looking to improve off some successes last year. With the game being featured on ESPN2 in the afternoon, this should be appointment viewing for any FCS fans. I expect Bethune-Cookman to come out on top but watch out for the battle in the stands as well. These are two of the top HBCU bands in the country to boot. Bethune-Cookman 31, Jackson State 24
Fearless predictions for the rest of the slate:
Elon (0-0) at North Carolina A&T (0-0), Saturday, August 31st , 2:00pm, BB&T Stadium, Greensboro, NC, ESPN College Extra, ESPN3 (subscription required)
This is one of the most anticipated FCS match ups of week 1. The Aggies are no strangers to big opening season games, and the Phoenix have finally come into their own in the gauntlet that is the CAA. Elon has few question marks, and I think this could be the difference in a very close game. Elon 26, North Carolina A&T 24
Delaware State (0-0) at Delaware (0-0), Thursday August 29th, 7:00pm, Delaware Stadium, Newark, DE, FLO Football
With this being an in state rivalry, anything can happen between these two teams in another CAA vs. MEAC showdown. Both teams have a lot to prove this year, and the Hornets are not as bad as their final record from 2018 indicates. At the end of the day though, I expect the Blue Hens to take care of business being the more talented team. Delaware 34, Delaware State 17
Morgan State (0-0) at Bowling Green (0-0), Thursday, August 29th , 7:00pm, Doyt Perry Stadium, Bowling Green, OH, ESPN3 (subscription required)
As is the case with almost FCS vs. Group of 5 match up, an upset is possible here and Morgan State will have this on their minds. Unfortunately, they don’t have the firepower of a Howard or the clamp down and consistent defense of a NC A&T to make this a certainty. As a result, I see the Bears dropping this one. Bowling Green 44, Morgan State 21
Florida A&M (0-0) at Central Florida (0-0), Thursday, August 29th , 7:30pm, Spectrum Stadium, Orlando, FL, CBS Sports Network, CBSSports.com (cable subscription req’d)
While FAMU will be looking to top the MEAC this year, they’ll be looking to keep this game at least
respectable. UCF seems to be the new Boise State, and don’t expect them to sleep on another team
from Florida. UCF 55, FAMU 21
North Carolina Central (0-0) at Austin Peay (0-0), Thursday, August 29th , 8:00pm, Fortera Stadium, Clarksville, TN, ESPN+ (cable subscription required)
NCCU will be looking to get back to MEAC relevance after spending a couple of years in the wilderness. They have an opportunity to make a statement against an up and coming program in Austin Peay. The Eagles return a lot of starters, and this could be the difference in this game. NCCU 28, Austin Peay 24
Howard (0-0) at Maryland (0-0), Saturday, August 31st , 12:00pm, Capital One Field, College Park, MD, Big 10 network, FoxSports.com (subscription req’d)
After a somewhat underwhelming last two seasons, the Bison will be looking to score another FBS upset against the local rival Terps. While they have the offensive power to play with most teams in the country, a new head coach and suspect defense leave questions unanswered. Maryland 63, Howard 28
Wofford (0-0) at South Carolina State (0-0), Saturday August 31, 6:00pm, Oliver C. Dawson Stadium, Orangeburg, SC, ESPN College Extra, ESPN3 (subscription required)
The Bulldogs will be pitting their always stingy defense against a Terrier team that is looking to take the next step in terms of becoming legit national title contenders. If Wofford keeps their attack solely in the triple option, expect this game to be much closer, and a potential upset. Wofford 31, SCSU 28
Norfolk State (0-0) at Old Dominion (0-0), Saturday, August 31 st , 6:00pm S.B. Ballard Stadium, Norfolk, VA, ESPN College Extra, ESPN3 (subscription required)
The two college football teams in Norfolk square off in this short lived FCS rivalry. ODU is a somewhat inconsistent FBS team, which will give the Spartans an outside chance of pulling off the upset. If NSU gets solid play on offense, anything is possible in this game. ODU 38, NSU 28
Preston attended James Madison University where he majored in Vocal Performance. As a member of the Drumline and Marching Royal Dukes for 4 years, he’s seen a lot of JMU football up close and personal and having grown up attending HBCU games, he has extensive knowledge of the history and pageantry that comes with attending a game in the MEAC and SWAC. When not talking college football or being musical, Preston is a fan of the game the world calls football, golf, and curling. (Curling? Curling!)
Tags:2019, Bethune Cookman Wildcats Football, Championship Subdivision, Delaware State Hornets Football, Division I, FCS Football, Florida A&M Rattlers Football, HBCU, Howard Bison Football, MEAC, Morgan State Bears Football, NCAA, Norfolk State Spartans Football, North Carolina A&T Aggies Football, North Carolina Central Eagles Football, South Carolina State Bulldogs Football
2019 NCAA Division I College Football Team Previews: Fresno State Bulldogs
Towson’s Terrance West Heads Up 2013 CSJ FCS All-America Squad
Preston attended James Madison University where he majored in Vocal Performance. As a member of the Drumline and Marching Royal Dukes for 4 years, he's seen a lot of JMU football up close and personal and having grown up attending HBCU games, he has extensive knowledge of the history and pageantry that comes with attending a game in the MEAC and SWAC. When not talking college football or being musical, Preston is a fan of the game the world calls football, golf, and curling. (Curling? Curling!)
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Osama Bin Laden Dead, Pres. Obama Announces
Huffington Post: Osama Bin Laden is dead, President Obama announced Sunday night, in a televised address to the nation. His death was the result of a U.S. operation launched today in Abbottabad, Pakistan. Bin Laden was tracked by U.S. intelligence agencies to a mansion in an affluent neighborhood 35 miles north of the Pakistani capital, Islamabad. After a firefight, a small team of American forces killed bin Laden and took possession of his body, the president said.
President Obama announces that Osama bin Laden has been killed.
REMARKS BY THE PRESIDENT ON OSAMA BIN LADEN - 11:35 P.M. EDT
THE PRESIDENT: Good evening. Tonight, I can report to the American people and to the world that the United States has conducted an operation that killed Osama bin Laden, the leader of al Qaeda, and a terrorist who’s responsible for the murder of thousands of innocent men, women, and children.
It was nearly 10 years ago that a bright September day was darkened by the worst attack on the American people in our history. The images of 9/11 are seared into our national memory -- hijacked planes cutting through a cloudless September sky; the Twin Towers collapsing to the ground; black smoke billowing up from the Pentagon; the wreckage of Flight 93 in Shanksville, Pennsylvania, where the actions of heroic citizens saved even more heartbreak and destruction.
And yet we know that the worst images are those that were unseen to the world. The empty seat at the dinner table. Children who were forced to grow up without their mother or their father. Parents who would never know the feeling of their child’s embrace. Nearly 3,000 citizens taken from us, leaving a gaping hole in our hearts.
On September 11, 2001, in our time of grief, the American people came together. We offered our neighbors a hand, and we offered the wounded our blood. We reaffirmed our ties to each other, and our love of community and country. On that day, no matter where we came from, what God we prayed to, or what race or ethnicity we were, we were united as one American family.
We were also united in our resolve to protect our nation and to bring those who committed this vicious attack to justice. We quickly learned that the 9/11 attacks were carried out by al Qaeda -- an organization headed by Osama bin Laden, which had openly declared war on the United States and was committed to killing innocents in our country and around the globe. And so we went to war against al Qaeda to protect our citizens, our friends, and our allies.
Over the last 10 years, thanks to the tireless and heroic work of our military and our counterterrorism professionals, we’ve made great strides in that effort. We’ve disrupted terrorist attacks and strengthened our homeland defense. In Afghanistan, we removed the Taliban government, which had given bin Laden and al Qaeda safe haven and support. And around the globe, we worked with our friends and allies to capture or kill scores of al Qaeda terrorists, including several who were a part of the 9/11 plot.
Yet Osama bin Laden avoided capture and escaped across the Afghan border into Pakistan. Meanwhile, al Qaeda continued to operate from along that border and operate through its affiliates across the world.
And so shortly after taking office, I directed Leon Panetta, the director of the CIA, to make the killing or capture of bin Laden the top priority of our war against al Qaeda, even as we continued our broader efforts to disrupt, dismantle, and defeat his network.
Then, last August, after years of painstaking work by our intelligence community, I was briefed on a possible lead to bin Laden. It was far from certain, and it took many months to run this thread to ground. I met repeatedly with my national security team as we developed more information about the possibility that we had located bin Laden hiding within a compound deep inside of Pakistan. And finally, last week, I determined that we had enough intelligence to take action, and authorized an operation to get Osama bin Laden and bring him to justice.
Today, at my direction, the United States launched a targeted operation against that compound in Abbottabad, Pakistan. A small team of Americans carried out the operation with extraordinary courage and capability. No Americans were harmed. They took care to avoid civilian casualties. After a firefight, they killed Osama bin Laden and took custody of his body.
For over two decades, bin Laden has been al Qaeda’s leader and symbol, and has continued to plot attacks against our country and our friends and allies. The death of bin Laden marks the most significant achievement to date in our nation’s effort to defeat al Qaeda.
Yet his death does not mark the end of our effort. There’s no doubt that al Qaeda will continue to pursue attacks against us. We must –- and we will -- remain vigilant at home and abroad.
As we do, we must also reaffirm that the United States is not –- and never will be -– at war with Islam. I’ve made clear, just as President Bush did shortly after 9/11, that our war is not against Islam. Bin Laden was not a Muslim leader; he was a mass murderer of Muslims. Indeed, al Qaeda has slaughtered scores of Muslims in many countries, including our own. So his demise should be welcomed by all who believe in peace and human dignity.
Over the years, I’ve repeatedly made clear that we would take action within Pakistan if we knew where bin Laden was. That is what we’ve done. But it’s important to note that our counterterrorism cooperation with Pakistan helped lead us to bin Laden and the compound where he was hiding. Indeed, bin Laden had declared war against Pakistan as well, and ordered attacks against the Pakistani people.
Tonight, I called President Zardari, and my team has also spoken with their Pakistani counterparts. They agree that this is a good and historic day for both of our nations. And going forward, it is essential that Pakistan continue to join us in the fight against al Qaeda and its affiliates.
The American people did not choose this fight. It came to our shores, and started with the senseless slaughter of our citizens. After nearly 10 years of service, struggle, and sacrifice, we know well the costs of war. These efforts weigh on me every time I, as Commander-in-Chief, have to sign a letter to a family that has lost a loved one, or look into the eyes of a service member who’s been gravely wounded.
So Americans understand the costs of war. Yet as a country, we will never tolerate our security being threatened, nor stand idly by when our people have been killed. We will be relentless in defense of our citizens and our friends and allies. We will be true to the values that make us who we are. And on nights like this one, we can say to those families who have lost loved ones to al Qaeda’s terror: Justice has been done.
Tonight, we give thanks to the countless intelligence and counterterrorism professionals who’ve worked tirelessly to achieve this outcome. The American people do not see their work, nor know their names. But tonight, they feel the satisfaction of their work and the result of their pursuit of justice.
We give thanks for the men who carried out this operation, for they exemplify the professionalism, patriotism, and unparalleled courage of those who serve our country. And they are part of a generation that has borne the heaviest share of the burden since that September day.
Finally, let me say to the families who lost loved ones on 9/11 that we have never forgotten your loss, nor wavered in our commitment to see that we do whatever it takes to prevent another attack on our shores.
And tonight, let us think back to the sense of unity that prevailed on 9/11. I know that it has, at times, frayed. Yet today’s achievement is a testament to the greatness of our country and the determination of the American people.
The cause of securing our country is not complete. But tonight, we are once again reminded that America can do whatever we set our mind to. That is the story of our history, whether it’s the pursuit of prosperity for our people, or the struggle for equality for all our citizens; our commitment to stand up for our values abroad, and our sacrifices to make the world a safer place.
Let us remember that we can do these things not just because of wealth or power, but because of who we are: one nation, under God, indivisible, with liberty and justice for all.
Thank you. May God bless you. And may God bless the United States of America.
Posted by DemBlog at 11:09 PM
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A graduate of and Architecture program in Milan, Francesco visited many countries before eventually settling in New York. Here he published two travel books which were very successful.
Upon returning to Italy he worked at various advertising networks both in the capacity of a writer and as a director. His work received great recognition and was shortlisted at the Cannes Advertising Festival.
In 2011 he wrote and directed a short film called “Help Wanted” which was selected by Matt Reeves (“Cloverfield”, “Let Me In”) to be featured as additional content with the Italian DVD release of his film “Bloody Story”.
He formed Black Arrow Film so that he could apply his creative and business skills to the entertainment industry.
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With pathos and humour, Flaubert imagines the unexamined life of a servant girl.
Un coeur simple.
Like our wonderful protagonist, this is a simple story that holds so much more than you initially realise. The prose is quite stark, yet has something gorgeous about it; it’s reserved in much the same way as (our ironically named) Félicité, who keeps all of her heartbreak and woe to herself, living life very much in solitary as the servant of a household. She doesn’t let her sadness take away from her duties, and used religion and small tokens to remind her of everything that was important to her.
Flaubert explores Félicité’s bleak existence, one which would have garnered absolutely no interest otherwise, and one which could quite easily be considered dull. Yet Félicité’s life on display by him is so interesting, her history painful yet glorious, and Flaubert plants an important idea in our heads - everyone is important, and no matter how small a story, they all have meaning.
This was absolutely wonderful, and I feel Flaubert’s skill transcends translation. Madame Bovary was a work of art for me, but this is a smaller, more profound piece. I feel utterly humbled to have read this woman’s story. A simple heart is a momentous heart.
Labels: books in 2017, classic, french, little black classics
The story follows the exploits of seven children as they are terrorized by an eponymous being, which exploits the fears and phobias of its victims in order to disguise itself while hunting its prey. "It" primarily appears in the form of a clown in order to attract its preferred prey of young children. The novel is told through narratives alternating between two time periods, and is largely told in the third-person omniscient mode. It deals with themes which would eventually become King staples: the power of memory, childhood trauma, and the ugliness lurking behind a façade of traditional small-town values.
I’ve decided books don’t really scare me. Put the scenes on film, with some creepy atmosphere-building music on, and I will jump out of my skin. It didn’t scare me. Really, it wasn’t scary.
Having quickly come to terms with this fact a mere less than fifty pages in, the book began to read as more of a character study, as a commentary on childhood, on trust, and on the power of friendship. I fell in love with these kids, and the depth to the characters is exquisite in allowing this.
King works magic, travelling from the 50s to the 80s, and back again. We see the kids conquer It as eleven year olds, and then see them return 27 years later to carry it out all over again. The juxtaposition of them both young and old, was glorious, and seeing how they had changed (or in most cases, how they hadn’t) was wonderful.
Using children as the protagonists here was important. We forget how different they are to us; how they can cope with so much more than we can, simply due to their power of imagination; how time works differently for them; how responsibilities and worries, although smaller, take on a different feel. In It, King shows us how the power of children and their imaginations were enough to conquer the demon lurking in Derry, the one the adults couldn’t see, smell, or even imagine.
As an exploration into the wonders of childhood, and with the addition of some really good commentary on racism and homophobia at that time, it’s great. The sheer length of it, however, is way too much. There were a colossal number of unnecessary elements or subplots here, some grossly long paragraphs about things that had no relevance. Although I enjoyed the depth of the characters, and the explanations of how It had attacked in the past, I felt it could have been cut down immensely, and found myself dragging myself into it just so I could get to the end.
In the end, I imagine we’re all the same; what we’re afraid of most is having no one there to face terror with.
Labels: books in 2017, bullying, childhood, coming of age, friendship, horror
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Get Main Street from Amazon.com
Order our Main Street Study Guide
Chapters 1, 2, and 3
Chapters 10, 11, and 12
Chapters 25, 26, 27, 28, 29, 30, and 31
Chapters 32, 33, 34, and 35
+Essays
Critical Essay #1
Main Street - Chapters 36, 37, 38, and 39 Summary & Analysis
Sinclair Lewis
This Study Guide consists of approximately 68 pages of chapter summaries, quotes, character analysis, themes, and more - everything you need to sharpen your knowledge of Main Street.
Chapters 36, 37, 38, and 39 Summary
Carol's dissatisfaction reaches a point of no foreseeable resolution. She leaves Kennicott and takes Hugh with her to Washington, D.C., where the two of them live for almost two years. Carol finds employment in the Bureau of War Risk Insurance a few weeks before the end of World War I. For the first month, Carol and Hugh live in a rooming house. Ultimately, Carol finds a flat, which she and Hugh share with two other women.
Carol eventually finds her job of filing and dictation to be tedious and unsatisfying. At least it is different from her life in Gopher Prairie, and she does have her weekends free to discover the city. The greatest pleasure for Carol is the freedom she enjoys to attend concerts and lectures and eat at different restaurants.
One night, while the credits for a movie...
(read more from the Chapters 36, 37, 38, and 39 Summary)
More summaries and resources for teaching or studying Main Street.
Main Street from Gale. ©2005-2006 Thomson Gale, a part of the Thomson Corporation. All rights reserved.
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Book Review: The Beast Is an Animal by Peternelle van Arsdale
Title: The Beast Is an Animal
Author: Peternelle van Arsdale
Publisher: Margaret K. McElderry Books
Alys was seven the first time she saw the soul eaters. Twin sisters, they radiated an energy that excited Alys. Through them she felt the wildness of the forest, and The Beast within it. Too late, she learned of their power to destroy.
By the time she is fifteen, Alys knows too much about both the lure and the danger of the soul eaters. She lives in a world of adults who are terrified of their power, and who cower behind high walls and grim rules. Fear of the soul eaters—and of The Beast—rules their lives. Even more, they fear the ways in which The Beast may lurk among them—and within a girl like Alys.
For Alys has a connection to the soul eaters, and The Beast. And she hides a truth about herself that she can reveal to no one, for fear she will be called a witch. As the threat posed by the soul eaters grows, Alys must undertake a journey through the wild danger of the fforest. But the greatest danger is not outside her. Alys’s secret about who—and what—she is terrifies her most of all. And in order to save her world, she must also risk losing herself.
The Beast Is an Animal is wholly unlike any book I've ever read. I actually thought it was a Beauty and the Beast retelling (and apparently so does whoever put it on a BatB display at Barnes & Noble) until I read the synopsis. Retelling, this is not. The Beast Is an Animal is what I can only think to describe as a horror fantasy.
When Alys was only seven, the soul eaters came for the adults in her village, Gwenith. She didn't stop them as they entered and that fact has haunted her for her entire life. From the age of seven to fifteen she has lived in a new village where she and the other Gwenith children guard a wall to keep the soul eaters and the Beast away, but Alys has a secret - she has met the Beast and the soul eaters, and the Beast wants her help.
Alys is the kind of character it's difficult to truly love because she's so separated from other people. At the same time, I was intrigued by Alys and desperately wanted her to have a happily ever after. I felt myself clinging to any shred of hope right alongside her. There is a tiny bit of romance in the last third of this book. The love interest was perfectly fine, but I didn't feel like there was enough time for me to really fall in love with him. Luckily, the romance was a very minor part of the story. The character I was most interested in was The Beast and I really wish more had been explained about him! I loved the lore introduced, but there was definitely room for a lot more.
Sadly, this book was severely lacking in details. I loved the idea of the Beast and the soul eaters, but where did they come from? How did the soul eaters get that way, exactly? I really wanted to know so much more about the fantastical elements of this world, but there were so many things left unanswered. The ending of the story was also full of unanswered questions and a little anticlimactic after all the buildup. This was definitely an intentional stylistic choice made by the author, but it did leave me wanting.
The area where The Beast Is an Animal really excelled, though, was its atmosphere. The colors on the cover of the book pretty much sum up how the entire reading experience made me feel. Everything about this world was so bleak and haunting, I felt the hope being sapped out of me... but in a good way? I like it when a reading experience can suck me in and make me feel things. This book would probably feel right at home amongst Grimm's Fairy Tales.
I feel like I can't say much more about this book without giving something away, so I'll wrap this up. There's no way around it - The Beast Is an Animal is a strange book and it will not be for everyone. Even without all the details I would've liked, I still couldn't put it down until I knew what happened! Alys is a character who's easy to root for and the Beast is one of the most intriguing characters I've ever encountered. This book will creep you out and probably leave you unsure of what to feel, but I totally recommend picking it up!
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Simon is passionate about two things; Environmental issues/philosophy and cycling. With a background in systems and over 25 years industrial experience, Simon enjoys combining his academic interests - holding an MSc in Environmental decision making and an MBA (Technology Management - with his cycling experiences, to help further develop the company's products and processes. Simon writes extensively about these areas and examples/links can be found on the blog.
After working for Raleigh Cycles for fifteen years she was looking for a new opportunity to promote cycling. Encouraged by a cycling family she has competed in Cyclocross, Mountain Bike Races and Triathlon and tries to cycle every day. The chance to help develop the cycle storage side of Odoni-Elwell through schools, colleges, cycle to work schemes etc. was just that opportunity. Getting people out of cars and into cycling to school and work is high on Angela's wish list. More safe routes and more cycle parking would be perfect.
Stuart holds an MSc in Advanced Product Design and a first class BA Honours degree in Product Design, both from Cardiff Metropolitan University. He has recently completed a Knowledge Transfer Partnership (KTP) between Odoni-Elwell, the Ecodesign Centre and Cardiff School of Art and Design at Cardiff Metropolitan. Stuart believes in the importance for good design and has a keen interest in ecodesign and user-centric issues. He's involved in a love/hate relationship with cricket.
Andrew has been a keen Mountain Bike rider for over ten years and started road riding four years ago, after being persuaded to ride from Cardiff to Tenby in the Carten charity ride. Andrew has now taken part in seven 100 mile Sportives. He is also passionate about Formula 1 and has attended most European Grand Prix. Andrew has recently passed an NVQ Level 5 in Business Management.
Callam, a Sport & Exercise Science graduate joined the company in 2013 as part of the Santander Internship Programme for SME’s midway through his postgraduate studies to assist with sales, admin and to help implement the companies social media. Callam enjoys playing both codes of Rugby and following the Welsh Football team wherever they may be playing.
Rob has worked for the Capital group of companies for 33 years bringing with him a wealth of experience in the industry. Making things is Rob's passion in and out of work, he has built a garage and basement studio, crafting a canoe in the garage and making music in the studio as he is an accomplished drummer and currently mastering the guitar.
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No - That's Me Over Here!
Genre: Sitcom
Channel: ITV
Transmission: 1967 - 1970
Ah! The office! What a wonderful environment to indulge in a spot of reckless backstabbing! How else are you going to climb the ladder, get the company car and then take that busty, low top wearing secretary on a "business trip" to Monte Carlo? You'd never catch this sort of behaviour going on in the Curious British Telly office, of course, but that's only because we can't afford a secretary. A much better example of this competitive and ambitious rivalry can be analysed in the guise of No - That's Me Over Here!
City Life & Fire Insurance Co. Ltd is home to suburban commuter Ronnie Corbett (Ronnie Corbett!) who is an aspirational chap keen on impressing the boss, Mr Robinson (Ivor Dean). Cyril (Henry McGee) works in Ronnie's department, shares the same commute to work every morning and finds himself living as Ronnie's neighbour. Frankly, he's sick of Ronnie, so does his best to come up with dastardly schemes to hoist Ronnie with his own petard and take all the glory for himself.
A Magnificent Team
The year is 1967 and Britain's funny bone is being mercilessly tickled by a burgeoning comedy boom. David Frost, suitably impressed with the success of The Frost Report, now has his sights set on the world of sitcom.
Convening under the careful watch of his executive producer's eye are Graham Chapman, Barry Cryer and Eric Idle - all fresh from working on The Frost Report. Together they've crafted an idea involving a man with high aspirations working in an insurance office. David Frost brings in another alumni of The Frost Report in the guise of Ronnie Corbett, as the show's leading man, and Associated-Rediffusion have no option but to bite their hands off.
No - That's Me Over Here! notched up three series between 1967 - 1970 on ITV. The first two series were recorded in black and white and produced by ITV contractor Associated-Rediffusion. Legend has it that the first two series are consigned to the wilderness of missing episodes. However, Curious British Telly got hold of one of these episodes fairly easily, so the true archival status of the first two series is a little murky.
For the final series, which went out in colour, the series was produced by LWT, a move precipitated by David Frost setting up home there. This series finally received a DVD release in 2015.
Oh and Eric Idle buggered off after the first series. God knows whatever became of him.
Ah, There You Are!
Curious British Telly grew up watching The Two Ronnies and Sorry, so we've always had a soft spot for Ronnie Corbett. Once we discovered there was a barely remembered sitcom featuring him with a couple of Pythons involved, we had no choice but to take a look. There were a few little snippets here and there on the net, the occasional screenshot, but not much else.
A public appeal was launched for help in tracking down some episodes and, in next to no time, someone had kindly contacted us to offer two episodes. And, good heavens, one of the episodes was in black and white! And from the 60s! A double first for Curious British Telly!
Ronnie Corbett, not surprisingly, won very few, if any, Best Actor awards, but he was an immensably likeable chap whose smile was beloved by grannies, small children and those irritating tossers in pubs who eulogise about the Four Candles sketch. In No - That's Me Over Here! you can tell he's giving it all in his first leading role and he conjures up some fine moments of physical comedy.
Our favourite performance in the series, though, is from Henry McGee who personifies the Great British Cad with moustache twiddling ease. Sadly, the rest of the actors lack any real vigour and are nothing more than stereotypical sitcom performances, but this would hardly be the first sitcom from this era to suffer from poorly written characters.
The plots, well, they're an incredible distillation of everything that was funny in the 60s and early 70s. Gents wearing bowler hats, keeping up with the Joneses in Suburbia and a hint of xenophobia.
Take the black and white episode we watched, the plot essentially boils down to this: Ronnie has invited his boss round to dinner in order to get a promotion that Cyril also wants. Ronnie's boss, of course, fought in World War 2. Ronnie's wife, therefore, just happens to have invited Jurgen round for dinner the same night. Jurgen is German. Ronnie pretends Jurgen is Swiss. Cyril pops round to meddle. It could only get more cliché if a vicar walked in, his trousers fell down and his groin had been replaced with Marty Feldman's face. Feldman was actually involved, but purely in a producers role.
The colour episode we watched wasn't quite as predictable and there were a couple of great scenes which featured Ronnie going to extreme lengths to retrieve a letter of resignation he had been tricked into handing in. On the whole, though, the laughs were sparse and the action rather lacklustre. Matters aren't helped by poorly developed characters who have only a few interesting facets stapled onto willing actors. A bit more time spent on the characters' hopes, wants and needs rather than just skimming the surface could have made for something more rounded that viewers could invest in.
No - That's Me Over Here! was a fairly disappointing watch and, even though it managed three series, we're not surprised it's barely remembered by the British public. The content simply isn't rich enough and we couldn't engage with the show in the way that, all these years later, we still do with Til Death Us Do Part, Steptoe and Son and Dad's Army.
People look back at 60s and 70s comedy with rose tinted glasses, but for every classic sitcom there were plenty of middling, uninspiring sitcoms such as No - That's Me Over Here! We'd probably watch a few more episodes out of sheer curiousity, but we won't be travelling the globe in search of them.
Posted by Telly Viewer at 7/26/2014 No comments:
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Smart Transportation: Mobility-on-Demand
A Vision for CityCars and Smart Cities from MIT Media Lab's Smart Cities' Group
Most of the world's car-sharing programs are currently two-way programs. You pick up a car, like a Zipcar, at a convenient location, and then return the car to the same place you picked it up. Most bike-sharing programs, like Paris' popular Velib, are one-way. You pick up a bike at any location, ride it to your destination, and drop it off there. And, when you need another one, you pick it up at a different location. These mobility-on-demand systems are complex ecosystems comprised of many partners. The good news is that it IS possible to design and continuously improve customer-centric ecosystems. Customers love to participate in co-designing and in streamlining these kinds of systems to meet their common needs and to address common issues. As we start investing in our next generation of environmentally-sustainable mobility systems, let's make sure that we're building solutions that customers will actually use!
MIT’s Smart Cities’ program has an ambitious and seductive vision for the future of urban transportation: Combine mass transit with one-way electric vehicle-sharing programs to provide mobility-on-demand so that many people won’t need to drive their own cars into and around the city.
Offer people a selection of bicycles, electric motor scooters, electric cars and vans that they can easily find throughout the city, pick up and drive to their destination, and leave for the next person to use. These shared-use electric vehicles automatically recharge themselves when they’re parked.
Network these vehicles together into real-time information systems to become mobility networks. These intelligent mobility networks can adapt themselves to respond to energy usage, traffic congestion, and parking capacity. Through dynamic pricing, customers can be encouraged to redistribute the vehicles to the places they’re needed most.
How close is this vision to becoming a reality? Can we really use this approach to reduce pollution, traffic, noise, and greenhouse gases in the world’s most congested cities?
In order to succeed, mobility-on-demand solutions should be designed as customer-centric ecosystems. All the players in a public/private partnership ideally need to align around end-customers’ moments of truth and success metrics. Otherwise, we can build it, but they won’t come.
MIT’S MOBILITY-ON-DEMAND PROJECT
At the MIT Smart Customization Seminar in November 2009, Professor William J. Mitchell gave a wonderful presentation about the design of mobility-on-demand solutions for urban transportation. He introduced three new vehicles: the CityCar, the RoboScooter, and the Green Wheel, an electric-assist bicycle.
These new electric vehicles are the fruits of the Smart Cities initiative that is underway at MIT’s Media Lab. The goal: develop green transportation systems for people who live and work in cities. As Bill Mitchell explains, the key is to think in terms of mobility, not transportation. “Match the mobility needs to the mobility demands in every circumstance.”
Innovations and Learnings
MIT’s Mobility-on-Demand project is a good example of cross-disciplinary innovation combined with customer-led innovation resulting in smart (adaptive, learning) green (sustainable) solutions. MIT’s Mobility-on-Demand program builds on the lessons learned from observing customer behavior in dozens of vehicle-sharing programs around the world.
In addressing mobility-on-demand, the MIT Smart Cities’ team has contributed at least three new innovations:
A robot wheel that includes an electric engine and all the electro-mechanics required to drive the vehicle
A collapsible design that enables cars and motorbikes to fold themselves up into a very small space for parking
Electric recharging stations that enable electric vehicles to operate with small, lightweight battery packs and to put power back into the grid once the vehicles are charged
MIT’s Mobility-on-Demand Solution: Combine Mass Transit with an Assortment of Electric Vehicles in a One-Way Vehicle-Sharing Network
© 2009 MIT Media Lab
2. RoboScooter Prototypes.These electric scooters were demonstrated at the Milan Motorcycle and Scooter show in November 2007. The design partners were Sanyang Motors (SYM), ITRI, and Next.
One-Way Vehicle Sharing Meets More Needs. One of the key learnings the MIT team gleaned from studying the behaviors of early adopters of vehicle-sharing systems around the world is that one-way vehicle sharing systems (pick up anywhere/drop off anywhere), like the Paris Vélib’, meet the needs of more people than do the more mature two-way systems (pick up and return to the same location) like Zipcars. Only 30 percent of urban trips start at one location and return to the same location. 70 percent of urban users ping pong around the city throughout the day. So the ability to pick up a vehicle, use it, and drop it off near your destination (or a subway station), attracts more usage.
INNOVATION: LEADING CUSTOMERS OR CUSTOMER-LED?
How to Create a Path of Least Resistance to Achieve Customers’ Outcomes?
A favorite topic of discussion among customer-centric execs is, “How do we make it the path of least resistance for customers to do what’s in their own self-interest?” Whether the topic is health and fitness, saving money, or saving energy, what customers say they want (vitality, plenty of money, less reliance on fossil fuels, and lower energy bills) and what they do are often at odds. Customers want to reach certain outcomes, but they take actions that ...
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Home » White Paper on Arts, Culture and Heritage
White Paper on Arts, Culture and Heritage
All our legacies, our common future
Department of Arts, Culture, Science And Technology Pretoria, 4 June 1996
Some Definitions
Underlying Values
CHAPTER 2: ALL OUR LEGACIES
CHAPTER 3: NEW POLICIES AND INSTITUTIONAL FRAMEWORKS
Principal areas to be addressed
CHAPTER 4: ARTS AND CULTURE
The National Arts Council
The Performing Arts Councils
Building new audiences, developing new markets
Rights and status of the artist
CHAPTER 5: HERITAGE
National Monuments Division
National Geographic Names Division
CHAPTER 6: INTERNATIONAL CULTURAL CO-OPERATION
CHAPTER 7: ALL OUR FUTURES
MESSAGE FROM THE MINISTER OF ARTS, CULTURE, SCIENCE AND TECHNOLOGY, DR. BS NGUBANE
South African society has been undergoing fundamental transformation over the last two years. In accordance with the principles of justice, democracy, non-racism and non-sexism, every sector of our society is facing change. While this may be unsettling for some, for many, it brings hope that their needs, views and aspirations will now also become part of the mainstream. South Africa's first democratically elected Government has contributed to this process by creating our first Ministry of Arts, Culture, Science and Technology. South Africa is indeed on the brink of experiencing a cultural Renaissance.
The arts, culture and heritage cannot be an exception in this transformation process, since they too were overtly affected by the maldistribution of skills, resources and infrastructure during the apartheid era. In fact, given that the arts are premised on freedom of expression and critical thought, transformation in this area is crucial to empowering creative voices throughout the country, and is thus integral to the success of the democratic project.
The vision outlined in this draft White Paper has been distilled from numerous sources, voices and submissions. The most significant of these is the Arts and Culture Task Group (ACTAG) Report which represents the views of a major part of the arts and culture community, including practitioners, educators and administrators. I would like to thank everyone who made a contribution and participated in the ACTAG process and in particular the members of the ACTAG for their sterling work and commitment in undertaking the consultative and writing processes which led to the production of their detailed Report.
The aim of this document is to promote the arts, culture, heritage and literature in their own right, as significant and valuable areas of social and human endeavour in themselves. It spells out the institutional arrangements required to implement a new vision in which they are developed, practised and celebrated among all our people, and it indicates the changes required of existing institutions to assist this. It also deals with the rights of practitioners within these domains. Other issues relating to areas such as cultural industries will be dealt with through Departmental policy development or White Papers, such as that for the Film Industry, which is under preparation.
The role of the State in funding arts, culture and heritage is a complex one. In some countries, no State support is forthcoming; in others the State plays a decisive role. We must be attuned to our own particular situation, and wish to develop exactly that "arms length" relationship which is fundamental to freedom of expression. At the same time, all funding from the public purse carries certain obligations with it, and these obligations of accountability must be applied with due responsibility and creativity. Promotion without undue promulgation would be our ideal.
I would also like to thank the White Paper writing team and the core reference group for the White Paper for their work, and especially to acknowledge the contributions of the international advisers, Dr. Michael Volkerling of Victoria University, New Zealand, and the Ministry of Education, Culture and Science of The Netherlands.
There has been much consultation and debate in arriving at this point. No doubt, there will be further debate and reaction around this draft White Paper. I am convinced though, that the vision and institutional arrangements outlined here represent the best way forward for our country at this point.
I sincerely hope that the major role-players will unite behind this vision, in the best interests of the arts, culture and heritage.
MESSAGE FROM THE DEPUTY MINISTER OF ARTS, CULTURE, SCIENCE AND TECHNOLOGY, MS. B MABANDLA
South Africans have waited many years for a democratic, post-colonial national arts and culture policy. The arts community have debated and researched models to ensure that this policy creates a truly progressive and enabling dispensation.
This draft White Paper represents a fledgling democratic cultural policy which is both powerful in the potential which it contains, and vulnerable in its newness.
The ambit of arts and culture policy will always be highly charged and emotional because the arts, culture and heritage are concerned with the most central aspect of humanity, the formation of identity. Notwithstanding these divergences, I would like to ask all those concerned about the arts to unite behind this document and to assist in the realisation of its goals. I therefore urge you to support the principles informing the draft White Paper.
The basis of a policy of reconstruction for the arts, culture and heritage was laid through the ACTAG recommendations. This Ministry initiated the ACTAG process and we are committed to the principles and spirit that inform it. I believe that this spirit imbues every chapter of the draft White Paper.
We believe that indigenous South African art forms can and will reach a standard of excellence, and if anything, can set new and even higher standards of excellence because they grow out of the diversity which characterises our vibrant cultural inheritance.
This renaissance in South Africa's arts will depend on a policy that ensures equity and is committed to promoting a consciousness that celebrates diversity. Through this document we are laying a basis to reclaim our heritage. It is my hope that many new heritage sites will be identified and proclaimed, as the recent example of the Tswaing Crater Museum illustrates. In particular, we are committed to ensuring that women are central to these developments, and will ensure that women's cultural groups receive equitable attention.
Now is our time to sing, to dance, to paint, and to create. This is our right as citizens of South Africa. There is so much to look forward to, and so much work to be done. I trust we can do this as a united community with a common goal in mind.
ABBREVIATIONS USED IN THE TEXT
ACTAG Arts and Culture Task Group
BDCSA Book Development Council of South Africa
CAPAB Cape Performing Arts Board
DCI Declared Cultural Institution
CBO Community Based Organisation
NAC National Arts Council
NHC National Heritage Council
NGO Non-Governmental Organisation
OAU Organisation of African Unity
PACOFS Performing Arts Council of the Orange Free State
PACs Performing Arts Councils
RDP Reconstruction and Development Programme
PACT Performing Arts Council of the Transvaal
SADC Southern African Development Community
UNESCO United Nations Education, Scientific and Cultural Organisation
... a rainbow nation at peace with itself and the world
President N.R. Mandela, Inaugural Address, 10 May 1994
This draft White Paper sets out government policy for establishing the optimum funding arrangements and institutional frameworks for the creation, promotion and protection of South African arts, culture, heritage and the associated practitioners. It is inspired by the best traditions of democratic societies the world over, where these features are valued in themselves and are treasured for their contribution to the quality of life.
While it is the goal of the Ministry to ensure adequate public subsidies for the arts, culture and heritage, the policy outlined in this document is located within the reality of existing budgets and the requirements for fiscal discipline.
The Department has set its mission to "realise the full potential of arts, culture, science and technology in social and economic development, nurture creativity and innovation, and promote the diverse heritage of our nation". The Department therefore supports:
the arts, culture and heritage, by valuing diversity and promoting economic activity;
the linguistic diversity of our country as a resource in empowering all South Africans fully to participate in their country's social, political and economic life;
the equitable development and preservation of our experiences, heritage and symbols.
This policy statement addresses issues of the arts, culture, heritage and literature. Arts and culture are also important industries: they offer potential employment and wealth creation opportunities. Investment in arts and culture provides a stimulus for activity in the broader economy. Participation in arts and cultural activity frequently involves the use of transport and other public utilities, creates media value, and the need for catering and other support services. Libraries are an important component of cultural life. They support lifelong learning and also stimulate the private purchase of books. The scale of these interdependencies is substantial. The Film Industry in particular will be covered in a subsequent White Paper, whilst other matters will be dealt with through normal Departmental policy formulation.
In formulating these policies we seek to locate the activities of the Ministry within the framework of reconstruction and development, through addressing its goals of meeting basic needs, building the economy and human resource development and realising the intentions of the Growth and Development Strategy.
The document further articulates the Ministry's vision for the arts, culture and heritage as arrived at through extensive consultation, and seeks to generate further debate and feedback from the public, practitioners, local, provincial and national authorities and other interested parties.
The advent of democracy in South Africa has provided unique and exciting opportunities. For the first time in the history of our country, all arts and culture practitioners have the right to participate in creating public policy and structures which directly affect their lives and livelihood, and the quality of life of the community at large. The Council of Culture Ministers serves as the point of contact between the Ministry and provincial interests, and is in turn supported by a Technical Committee comprised of Directors of Culture. Their views are reflected in this draft White Paper.
Against this backdrop, the Minister of Arts, Culture, Science and Technology appointed the Arts and Culture Task Group (ACTAG) in November 1994. This Task group, comprising artists, arts educators and cultural administrators, was mandated to consult as widely as possible in formulating recommendations for a new arts and culture dispensation consistent with non-racist, non-sexist and democratic ideals.
After extensive consultations including written and verbal submissions, regional conferences, public hearings and a broadly representative national conference, ACTAG submitted its report to the Minister in July 1995. The ACTAG process also drew on the advice of international experts from UNESCO, Germany, the Netherlands, the USA and Sweden.
ACTAG represented the voice of practitioners, expressing their views and concerns. The Ministry considered the ACTAG report and subsequently conducted further investigations, including activity-based costing, to determine the viability of the various policy options it proposed. This draft White Paper then, is a combination of ACTAG's proposals, the Department's investigations, input from the writers of this draft White Paper and its Reference Group, and the Ministry's own views based on its understanding of the workings, possibilities and constraints facing the Government.
This draft White Paper deals with one of the most emotive matters to face the new government. Cultural expression and identity stand alongside language rights and access to land as some of the most pressing issues of our times. Unsurprisingly, the dominant themes which characterise these fields have commonality with themes elsewhere: governance, access and finance are the major challenges, and it is these which we must tackle head on. Despite the relatively small budgets associated with promotion of the arts, culture and heritage, changes in allocation are perceived by some as a threat to identity, whilst for others change is too slow. This draft White Paper seeks to bring clarity to these and other issues facing the arts, culture and heritage. It seeks to recognise, preserve, and to build.
For the purpose of this document the following definitions will apply:
Arts refer to but are not restricted to all forms and traditions of dance, drama, music, music theatre, visual arts, crafts, design, written and oral literature all of which serve as means for individual and collective creativity and expression through performance, execution, presentation, exhibition, transmission and study.
Culture refers to the dynamic totality of distinctive spiritual, material, intellectual and emotional features which characterise a society or social group. It includes the arts and letters, but also modes of life, the fundamental rights of the human being, value systems, traditions, heritage and beliefs developed over time and subject to change.
Heritage is the sum total of wildlife and scenic parks, sites of scientific and historical importance, national monuments, historic buildings, works of art, literature and music, oral traditions and museum collections and their documentation which provides the basis for a shared culture and creativity in the arts.
This policy document is based on the following values:
Access to, participation in, and enjoyment of the arts, cultural expression, and the preservation of one's heritage are basic human rights; they are not luxuries, nor are they privileges as we have generally been led to believe.
The Bill of Rights of the Constitution states:
Everyone has the right to freedom of expression, which includes ... freedom of artistic creativity ... (paragraph 16)
(and)
Everyone has the right to use the language and to participate in the cultural life of their choice ... (paragraph 30)
It is the role of government to facilitate the optimum conditions in which these rights may be enjoyed and practised.
A fundamental prerequisite for democracy is the principle of freedom of expression. Rooted in freedom of expression and creative thought, the arts, culture and heritage have a vital role to play in development, nation building and sustaining our emerging democracy. They must be empowered to do so.
Humans are holistic beings. They not only need improved material conditions in order that they have a better quality of life. Individuals have psychological, emotional, spiritual, and intellectual expression, all of which require nurture and development for them to realise their full potential, and act as responsible and creative citizens.
Arts and culture may play a healing role through promoting reconciliation. Our approach to culture is premised on international standards in which culture is understood as an important component of national life which enhances all of our freedoms. Culture should not be used as a mechanism of exclusion, a barrier between people, nor should cultural practices be reduced to ethnic or religious chauvinism.
South Africa is now once more part of the international family of nations. We not only derive benefits from such acceptance, but also have the responsibility to pursue and implement internationally agreed and accepted norms and standards in various sectors of our society, including the arts and culture.
ALL OUR LEGACIES
We can neither heal nor build, if such healing and building are perceived as one-way processes, with the victims of past injustices forgiving and the beneficiaries merely content in gratitude. Together we must set out to correct the defects of the past.
President N.R. Mandela: Opening speech to Parliament, February 1996
South Africa is emerging out of a troubled history. For the first time since the conquest of these shores, we enjoy democratic freedoms. The collision of cultures does not necessarily lead to subjugation and hegemony. It may also lead to subtle cross pollination of ideas, words, customs, art forms, culinary and religious practices. This dynamic interaction has always played a role in cultural enrichment which has resulted in an extraordinarily fertile and unique South African culture which binds our nation in linguistic, cultural, culinary, and religious diversity in so many forms. Embodied in this interaction is the role of technology: access to technology; its transfer; artistic expression through technology. These too are dynamic.
At first these exchanges took place at the margins, as our different societies met; later, interaction and destruction quickened with the importation of slaves. It raced forward under the impact of industrialisation a century ago, when indigenous cultural forms began to collapse under the demands of mining and agriculture. The advent of formal apartheid , with its overt use of culture as a political strategy, led to further stifling of expression, and indeed, to distortion. Yet cultural expression will always find a way to survive in the heartland. Our art forms, oratory, praise poetry, storytelling, dance and rituals live on in the collective memory. They are waiting in the wings to be reclaimed and proclaimed as part of the heritage of us all.
South African composers, sculptors, singers, choristers, dancers, artists, photographers, musicians, writers and designers have done us proud. They played an important role in the quest for democracy. They are world class and have the power further to enrich our experience.
Education is part of culture, and culture is itself transmitted through education. Indeed, the curriculum has been described as "a selection from culture". Previously education was used to deny the value of other cultures. This must not happen again. It is a national tragedy that we have to admit of the need for a project to restore the culture of learning.
It is a national tragedy that we speak of a culture of violence, in the community, in the family, against children. If culture is the glue holding the social fabric intact, then it is evident that the centre does not hold. For these reasons, not to invest in the arts, culture and heritage would constitute grave short-sightedness on the part of government and a failure to recognise the healing and recreational potential of arts and culture in a period of national regeneration and restoration. Like technology, culture is all pervasive. Indeed, the failure of many technology transfer initiatives arises precisely because insufficient care has been taken to understand the cultural dimensions of what seemed merely to be technical.
The two discussion documents of the RDP published in November 1995, namely the Urban Development Strategy and the Rural Development Strategy, provide the socio-political context within which our policies will function. Both documents catalogue the various disparities of income, access to basic infrastructure, spatial distribution and other constraints which currently limit the self-actualisation of the majority. The span of issues concerns education, trade and industry, health, environment and tourism. Implementing the policies suggested in this draft White Paper will therefore involve co-operation of many government departments.
Like every other sector of our society, arts, culture and heritage have been fundamentally affected by our past. The distribution of public funds in support of these activities, the geographical location of physical infrastructure, the dissemination of skills, the staffing, management and governance of institutions - all reflect significant bias in favour of a highly selective slice of artistic expression. The culture whose emergence and growth is consistent with the goals of our young democracy would be an inclusive, and even eclectic one. This statement is made with full recognition of the wish expressed by arts practitioners that government maintain an "arms length" relationship with the arts. Government respects this view.
Public funds for these purposes were previously channelled to different communities through the respective education departments of the tri-cameral and "homeland" system since culture constituted on "own affair".
Where cultural institutions were deemed to serve audiences across the perceived racial divide, they were funded through the Department of National Education as a "General Affair". Given the nature, governance, mandate and geographical location of the institutions funded by the DNE, they also primarily served white audiences.
Most public money for the arts went directly to particular end-user institutions. Limited resources were available through the DNE for national organisations, while the Foundation for Creative Arts was the only means for artists and cultural institutions which were not directly funded by the DNE, to access public funds. However, since the annual FCA budget was so small, it was limited in what it could support.
Infrastructure to support the creation and dissemination of the arts and culture is largely located within the centres of major cities. Such museums, galleries, theatres and community arts centres are generally inaccessible to the large majority of people living in these cities, not least because of their distance from where people live.
Furthermore, the provision and maintenance of arts infrastructure heavily favoured the urban cities of the previous four provinces - Cape, Natal, Transvaal and Orange Free State - rather than the "homelands", except in the former Bophutatswana where there was an arts council and four Mmabana community centres with arts and sports facilities. Black urban and rural areas are thus generally lacking in even the most basic arts infrastructure. The existence of high quality infrastructure, historically linked with the old provinces makes for a constant tension in respect of provincial equity.
The kinds of artistic and cultural forms and institutions supported by public funds, determined the kinds of skills taught at the feeder educational institutions. Thus it was for example, that universities and technikons geared their education and training towards the needs of the performing arts councils through opera, ballet, music and drama departments concentrating on the European classics. Generally, tertiary institutions designed for blacks did not have training departments for the arts so that aspirant black artists would have had to apply to traditionally white universities to acquire skills and knowledge.
Until quite recently, performing arts work and exhibition opportunities for black artists at publicity-funded arts institutions were limited. With limited job opportunities, training in the arts was not pursued with the same vigour by black people as other areas.
But if training as practitioners was biased in favour of whites, training as arts managers and administrators was almost completely absent for anyone in South Africa.
With few job opportunities for black people in the arts market place, the education system designed for black people generally did not include arts education. Thus were very few black people formally trained as arts educators in any discipline.
The current arts and culture dispensation still largely reflects the apartheid era in the distribution of skills, access to public resources, geographical location of arts infrastructure and the governance, management and staffing of publicly-funded arts institutions.
The implications of this are manifold. No government can legislate creativity into effect. At best government can seek to ensure that its resources are used equitably so that impediments to expression are removed, that the social and political climate are conducive to self-expression, and that the arts, culture and heritage allow the full diversity of our people to be expressed in a framework of equity which is committed to redressing past imbalances and facilitating the development of all of its people.
NEW POLICIES AND INSTITUTIONAL FRAMEWORKS
The cultural diversity of our people is a major national asset. The RDP will support an arts and culture programme which will provide access to all and draw on the capacities of young and old in all communities to give creative expression to the diversity of our heritage and the promise of the future. White Paper on Reconstruction and Development, 1994
In the context of the historical legacy outlined above, a new vision for the arts, culture and heritage is required. That vision springs from our adherence to Article 27 of the Universal Declaration of Human Rights: "everyone shall have the right to freely participate in the cultural life of the community (and) to enjoy the arts ... ". It is the objective and role of the Ministry to ensure that this right, the right of all freely to practise and satisfy artistic and cultural expression, and enjoy protection and development of their heritage, is realised.
In preparing this draft White Paper, the Ministry is guided by the prescriptions of the Constitution of the Republic of South Africa of 1996 regarding competencies between national and provincial levels as specified in paragraph 104. Firstly, the Ministry, through paragraph 44 of the Constitution, is expected to develop minimum standards that apply generally across the Republic. Second, cultural matters are listed under Schedule 4 as concurrent national and provincial legislative competencies.
Essentially therefore, the prime role of the national and provincial governments is to develop policy which ensures the survival and development of all art forms and genres, cultural diversity with mutual respect and tolerance, heritage recognition and advancement, education in arts and culture, universal access to funding, equitable human resource development policies, the promotion of literature and cultural industries. These are our "minimum standards".
The provincial budget allocation for arts, culture and heritage forms a segment of the budgets of the various Departments of Education and Culture.
Provincial governments are accountable against the agreed minimum standards for the way their budgetary allocation for arts, culture and heritage is spent.
In this period of transition to budgeting from zero, it will remain difficult precisely to quantify adherence to minimum standards. However, as a starting point, Provinces might be expected to demonstrate that their expenditure:
promotes the full range of art forms, cultural activities and heritage
develops cultural industries
widens access to arts, culture and heritage promotion and development.
The Ministry might commit a portion of its own budget specifically to run pilot projects in the Provinces with the aim of developing practical means of giving substance to the above policy.
The role of the Ministry would be to monitor and evaluate progress toward these goals.
To guide the realisation of the above vision, and to facilitate practical programmes to this end, policy will be guided by the following operational principles:
Human Rights: Shall ensure that all persons, group and communities have the right to equal opportunities to participate in the arts and culture, to conserve and develop their cultural heritage.
Freedom of Expression: Shall ensure that all persons are free to pursue their vision of artistic creativity without interference, victimisation and censorship.
Access: Shall ensure unhindered access to the means of artistic and cultural activity, information and enjoyment in both financial and geographical senses.
Equity: Shall ensure the equitable distribution of resources to all forms of art and culture, with due regard to the specific needs of each art form.
Redress: Shall ensure the correction of historical and existing imbalances through development, education, training and affirmative action with regard to race, gender, rural and urban considerations.
Nation building: Shall foster a sense of pride and knowledge in all aspects of South African culture, heritage and the arts. Shall further encourage mutual respect and tolerance and inter-cultural exchange between the various cultures and forms of art to facilitate the emergence of a shared cultural identity constituted by diversity.
Multilingualism: Shall promote multilingualism in the arts in accordance with the Constitution.
Diversity: Shall ensure the recognition of aesthetic pluralism and a diversity of artistic forms, within a multicultural context.
Autonomy: Shall ensure the full independence of publicly-funded arts institutions, organisations and practitioners from party political and state interference.
Arms length: The state shall facilitate mechanism for peer evaluation and decision-making regarding the funding of arts and culture activities.
Participation: Shall ensure the right of artists and the public to participate in all aspects of the arts, including participation in decision-making structures.
Accountability: Shall ensure that all arts bodies and institutions receiving public funds are accountable to the arts community, the public and a democratically elected government.
Transparency: Shall ensure that all decisions and information pertaining to the arts, culture and heritage are open to public scrutiny.
Conservation: Shall be committed to conserve the full diversity of South African heritage and traditions.
Achievement: Shall recognise achievement and foster the development of shared standards of excellence.
Innovation: Shall encourage artistic creativity, experimentation and artistic renewal.
Co-operation: Shall encourage inter-disciplinary co-operation and resource sharing between different art forms and institutions.
Exchange: Shall encourage exchange and interaction between local, regional, continental and international culture.
Security: Shall protect the rights of all artists to fair employment practices, to protect their intellectual, artistic and cultural rights.
Sustainability: Shall encourage self-sufficiency, sustainability and viability in the arts and culture.
In the process of change, the Ministry recognises the stewardship role it has to play in ensuring that capacity inherent within existing institutions is deployed to the full, that change is consistent with national reconciliation, and that sustainable redress is carried through. The Ministry acknowledges the fine professional work embodied in the various institutions it funds: the four Performing Arts Councils and the seventeen Declared Cultural Institutions. It seeks to effectively harness these resources and release this expertise and creative energy to realise the goals of reconstruction and development.
Finally, we recognise that a global sea-change is taking place: we are living through the information revolution, and must not only remain abreast of the impacts it imposes on us, but must actively shape these to our own circumstances. Old distinctions between art and communication are breaking down, and previously distinct areas are merging. Some already speak of the new activity of "edutainment", where education and entertainment have blended through computer-based systems. Time and space are now less of a constraint than before, since information effectively transcends all boundaries.
In the light of the historical legacies outlined earlier, and the above vision and principles, the seven most crucial areas to address in giving practical content to a new, just and fair arts, culture and heritage dispensation are:
transparent and catalytic mechanisms for distributing public funds
transformation of all arts and culture institutions and structures
redistribution, redress and access
human resource development: practitioners, administrators and educators
integration of arts and culture into all aspects of socio-economic development
the rights and status of practitioners, and
Addressing these areas satisfactorily would represent an holistic response to the legacy we have inherited. It would take account of the most important components of development, expression and sustainability. And throughout these policy thrusts must be a commitment to excellence.
In seeking mechanisms for the reconceptualisation of the arts, culture and heritage, it is useful to list the various organs where our creative expression is generated, housed or embodied. These comprise the following:
arts, culture and heritage associations and organisations
arts galleries and collections
cultural industries
individual practitioners, educators and learners in the arts, culture and heritage
institutions carrying out associated education, training and research
libraries and information systems
performing arts institutions
Government will primarily interact with these various organs through various statutory bodies as detailed below. By establishing such statutory bodies, mandated to secure free expression and redress, government will maintain an "arms length" relationship with the practitioner community. As is the case with other existing statutory bodies, the Ministry will be involved in the budgetary process and allocation to these statutory bodies. It will not pass judgement on artistic expression.
... to affirm and promote the rich and diverse expression of South African culture
Reconstruction and Development Programme
In accordance with the principles of access, redress and participation, it is proposed to establish the new National Arts Council (NAC) as a statutory body. The Council will seek to bring equity to the arts and culture dispensation. The National Arts Council would receive a parliamentary grant through the Department. It would provide funding by transfer payments to individuals, organisations and institutions and will be subject to the provisions of the Reporting by Public Entities Act No. 93 of 1992, and other Treasury requirements.
The principal task of the NAC will be to distribute public funds to artists, cultural institutions, NGOs and CBOs. Criteria for this distribution, consistent with the goals of the RDP, will be developed to promote the creation, teaching and dissemination of literature, oral history and story telling, music, dance, theatre, musical theatre, opera, photography, design, visual art and craft which fully reflect our diversity.
In addition the NAC will provide study bursaries for study in the fields of arts and culture, to practitioners, administrators and educators.
The NAC may carry out research, especially regarding policy linked to its mandate. It will also execute investigations and research at the request of the Minister.
The NAC budget will conform to the norms and standards of the Department of State Expenditure, constructed against agreed criteria. These criteria will be based upon considerations of economy, efficiency and effectiveness, and indicate how the goals of reconstruction and development are to be fulfilled. These criteria will be jointly developed by the Ministry, Council of Culture Ministers, and the NAC. The NAC will provide an annual account of expenditure in the normal way, and will provide an evaluation of the activities it has funded.
Representation on the Board of the National Arts Council will be both provincial and art specific. Each province will select an individual to represent their interests through a publicly transparent process. Where such body exists, this may be the chair of the Provincial Arts Council. In addition, a public selection procedure will culminate in the appointment, by the Minister, of an additional nine to fourteen members, representative of the arts and culture as well as those with specialist skills of benefit to the functioning of the Council. The NAC will be broadly representative of all South Africans.
Members of the NAC Council will serve three year terms renewable only after a three year lapse. However, one third of the members should be re-elected to maintain continuity.
The Council will establish discipline-based panels comprising practising artists, educators and administrators in particular fields who will advise on the merits of funding applications and on policy matters. Panel members will serve for two years and be eligible for further service after a two year lapse.
The NAC will itself function under a Chief Executive officer supported by a small professional staff.
The Foundation for the Creative Arts (FCA) was formed in 1989 as a Section 21 company under the Companies Act of 1973 to provide public support to the creative arts not supported through the PACs, and played a similar, but minor role, with very limited funding to that of the proposed NAC. In the light of the recommendations to establish the National Arts Council, and the limited remit of the FCA, the FCA will be de-registered and its infrastructure and resources will be incorporated into the NAC.
At present, the largest portion of public funds for the arts goes directly to four Performing Arts Councils (PACs), which are registered in terms of Section 21 of the Companies Act of 1973. There are few opportunities for artists, other than those employed by these state-subsidised institutions, to access public funds to support the creation and dissemination of their work. The activities of these institutions, their continued access to State monies, and their putative transformation, has created more controversy than any other issue facing the Ministry. But their transformation has already begun, with the appointment of representative Boards, the rightsizing of their infrastructure and opening of their facilities to a broader spectrum of arts practitioners.
Central to the equitable functioning of the arts is the further restructuring of the PACs, (Cape Performing Arts Council - CAPAB; Performing Arts Council of the Orange Free State - PACOFS; Performing Arts Council of the Transvaal -PACT; and the Playhouse Company, formerly the Natal Performing Arts Council) in order to free and reallocate public resources to other disciplines and areas in need of redress.
The four PACs have been the primary recipients of national public funding for the performing arts, absorbing 46% of the Department's arts and culture budget. Within the new dispensation, this can no longer be the case as there are now nine provinces as opposed to four, so that the same resources now have to be distributed more widely. Moreover in their present form, given that they are urban-based, heavily resource-consuming structures, they will still be unable significantly to assist in realising the RDP's goals of access and redress.
Of the previous Independent States, Bophutatswana was the only entity to develop a Performing Arts Council, with its associated Mmabana Cultural Foundation. The future of these facilities will be considered when addressing the differential development of arts and culture in the country.
Within an emerging framework of co-operative governance, the national government will no longer take primary responsibility for funding the PACs and their activities. Provinces and the local municipalities in which they are located should play a more active funding role since it is their inhabitants who benefit most from the presence of the PACs.
Accordingly, the PACs need to be restructured in such a way that the infrastructure and skills built up over decades are not lost, but are redirected to serving the artistic and cultural priorities established by the NAC. At base, their activities must align with the general objectives of the Government.
In arriving at these policy positions, a detailed study of the PACs was commissioned. This study collected data, provided activity-based costs for each Council, and considered various options for funding allocation.
In 1995/96, the PACs operating income was R160m, of which box office receipts accounted for 18%. R112m was granted by the State, which represents a very high level of subsidy.
Analysis of box office returns shows these do not even cover administrative costs. The inescapable conclusion is that government is subsidising expensive art forms and infrastructure for a small audience at an unaffordable level. The activity based costing exercise indicates that ballet and opera consume in the order of 30% of the total expenditure. These activities are exclusive to PACT and CAPAB. The community arts development function accounts for approximately 34% of the Playhouse Theatre budget, and 25% for that of PACOFS, whilst the PACT and CAPAB outreach and development component of their ongoing repertoire absorbs about 5% of their budgets.
As matters stand, the theatres of the PACs are all rented at zero cost from the Provinces where they are located. It is proposed that the physical infrastructure of these buildings, offices, theatres, etc., should be the joint financial responsibility of the central government, municipality/metropolitan area and Province in which they are located, as is the case with the Johannesburg Civic Theatre. Access to the use of this physical infrastructure should not therefore privilege any one institution of the national arts and culture community.
The PACs will receive declining subsidies from central government as transfer payments over the next three years. At the end of this period, government will subsidise the core infrastructure, core staff and essential activities of the PACs. All other allocations will be funded through the National Arts Council. This will require them to diversify their funding base as well as to restructure their ticketing policies. Additionally, the companies associated with performing arts councils, like all other performing arts organisations, will be able to apply to the National Arts Council for grants-in-aid. This shift in funding signals the transformation of the PACs from virtually free-standing production houses to becoming infrastructure accessible to all. This process of change will be complete by the year 2000, and will be assisted by the resources of the NAC and Ministry.
Concurrent with budgetary rightsizing, and their gearing toward meeting the imperatives of the RDP, the PACs will become playhouses. Their future administration will be negotiated and discussed with the Provinces and NAC. The involvement of the NAC in these negotiations will ensure that the insights of practitioners are brought to bear on the matter.
This strategy involves an immediate cut of 22% in the 1996/97 subsidy to the PACs. A proportion of funding freed from this streamlining process will be channelled by the National Arts Council for distribution to a wider variety of artists, cultural groups and art disciplines.
Eventually, as the PACs are right-sized and more funds are accessed from Treasury through the ongoing efforts of the Ministry, the admittedly limited public resources for the arts will be spread more widely. In this way, the existing performing arts infrastructure is geared toward reconstruction and development, and all forms of dance, music and theatre are recognised as legitimate components of our cultural heritage.
Visual arts crafts and design are integral to arts, culture and heritage. Although visual arts and crafts are distinguished from each other in this document, the view which informs this policy is that the visual arts are inclusive of all the forms detailed below. The distinctions made are for convenience only. They do not imply any adherence to fixed divisions.
Visual arts include painting, sculpture, graphic art, photography, drawing, mural painting, paperworks, performance art, tapestry, fibre art, video, installation works, computer graphics, etc.
Crafts cover a spectrum of creative disciplines from original craftwork art to commodity craftwork. The largely market-driven production of commodity craftworks utilises a range of synthetic and natural materials, skills and techniques.
Design involves the application of inter-disciplinary technology to art, crafts, architecture, town planning, engineering, advertising, textiles, jewellery, clothing, furniture, typography and a host of other fields.
Visual arts, crafts and design are important components of the arts, culture and heritage environment in South Africa. They provide employment for large numbers of people in rural and urban communities and in a wide range of formal and informal industries.
To overcome the lack of co-ordination within the visual arts, craft and design, co-operation with governmental, parastatal and non-governmental organisations at national, provincial and local levels will be facilitated.
The Ministry will ensure public institutions, such as museums, which have previously focused attention almost exclusively on a narrow definition of the visual arts, take cognisance of our craft and design heritage and acknowledge this in their acquisition and education policies.
The Department will investigate the feasibility of establishing an Artbank or other mechanism to serve as a self-funding agency which provides opportunities for the development and marketing of cultural industries.
The Ministry will actively promote the Constitutional right of every learner in the General Education and Training Phase to access equitable, appropriate life-long education and training in arts, culture and heritage to develop individual talents and skills through the transformation of arts education within the formal school system and the development and extension of community based arts education structures. The rich and diverse expression of South African arts, culture and heritage shall thereby be promoted and developed.
Education in arts, culture and heritage should embrace opportunities for making, performing and presenting as well as appreciating the many expressions of South African cultural heritage to realise the right of all South Africans to participate fully in, contribute to, and benefit from an all- inclusive South African culture.
Arts, culture and heritage education must entail an integrated developmental approach leading to innovative, creative and critical thinking. The whole learning experience creates, within a safe learning environment, the means for shaping, challenging, affirming and exploring personal and social relationships and community identity. Experiencing the creative expression of different communities of South Africa provides insights into the aspirations and values of our nation. This experience develops tolerance and provides a foundation for national reconciliation, as well as building a sense of pride in our diverse cultural heritage.
The Ministry is committed to making an impact on economic growth, development and tourism through targeting the development of cultural industries which are organised around the production and consumption of culture and related services, and investing in an infrastructure for arts, culture and heritage education.
Arts, culture and heritage education which redresses past cultural biases and stereotypes, as well as the imbalance in the provision of resources shall be addressed by encouraging its location in educational structures at all levels of learning. To this end the Ministry will be represented in all appropriate national arts, culture and heritage education policy, curriculum and accreditation structures. Where relevant, the Ministry will also establish inter-ministerial arts educational advisory bodies to ensure communication in line with this policy.
Consistent with the recommendations of the National Qualifications Framework, the Ministry will seek to ensure that the expertise and skills of arts and culture practitioners, developed in and through informal processes, are appropriately acknowledged and accredited.
The Ministry acknowledges the importance of arts, culture and heritage education in both formal and community based structures. Both sectors contribute to arts education in different and mutually complementary ways. Arts educators and planners should be encouraged to build on the different opportunities offered by the two sectors, as well as to develop strategies which offer learners mobility between them.
Our literature, the written record of our many languages, embodies a richness which sets us apart from other nations. Unsurprisingly, our policy views literature as an important component of the arts, culture and heritage. The Ministry aims to promote, develop and make accessible the rich and diverse traditions of all South African literatures in written and oral forms. The development of previously marginalised languages is regarded as a prerequisite for meaningful multilingualism and real language equality.
The role of the Pan South African Language Board, as delineated in the Pan South African Language Board Act No 59 of 1995, is noted, as is that of the Language Task Group (LANGTAG). This policy, therefore, is confined to literature. It acknowledges and is concerned to ensure that literature and language policies are integrated with, and complementary to each other as part of a larger whole.
The transformation of literature in education must be seen in the context of widespread illiteracy and a history of language discrimination. This, and the absence of an entrenched reading culture even among the literate sectors of society, calls for full utilisation of literature in education policy to develop speaking, reading, writing, comprehension and critical skills.
A language and literature education curriculum which ensures coherence and continuity between pre-school, primary, secondary and tertiary levels of education should be a long-term goal. Measures to achieve this will be sought in co-operation with the Ministry of Education.
The electronic media are amongst the most powerful means for promoting and developing literature. To enable them to contribute in this field, this policy supports the introduction of programmes devoted to literature, writing and reading in all the language services on public, private and community radio and television services.
The Ministry will encourage public, private and community broadcasting services to commission local writers, create incentives and provide training opportunities to write and develop literary materials for the media. The Ministry will support the promotion of literature and reading in the popular press and other printed media.
It is recognised that translation is a primary literary activity to be promoted and supported as an integral part of the development of literature. Grants for the translation of literary works in the various South African languages as well as from foreign languages into local languages may be made by the NAC. The training of translators is integral to language and literature education at all levels. The Provincial Language Committee should be part of the whole training process.
Libraries are an integral part of society, providing access to educational, cultural, and recreational documents, programmes and resources. Various types of libraries and resource centres play a vital role in the provision of information, support to formal and non-formal education, and the promotion of a culture of reading and learning. Policy is needed to address the shortcomings of the past and the challenges of the future. In particular, with transformation taking place at both the metropolitan and local levels, a national policy which sets the norms and standards is required. A robust library and information services (LIS) is an essential factor in reconstruction and development.
Information is a prerequisite for raising educational standards, advancing democracy, participation in decision-making, developing the economy and enhancing the quality of life. Community libraries and resource centres have exceptionally important role to play as facilitators of lifelong learning, and should be linked to arts, community and education centres.
South Africa has some excellent libraries and a relatively sophisticated infrastructure for information provision and management, but the vast majority do not have access to the most basic LIS. The distribution of LIS is characterised by severe disparities across income, race and spatial divides. These inadequacies will be addressed through national norms and standards, provincial co-ordination and the involvement of local government and community structures.
There is a range of community based libraries, the majority of which are funded by local government. Yet this provision is also inadequate. Structures need to be put in place for possible co-operation between community and school libraries. At present community libraries are stretched to capacity to provide resources to scholars and part-time students, without any contribution from the education authorities. This situation may be improved by the allocation of grants-in-aid, and mechanisms for this are under consideration.
Constitutionally, libraries are viewed as a provincial competence, and the co-ordination, development and finance of community libraries therefore becomes a joint responsibility of provincial and local governments. Modes of linking community and school libraries for improved effectiveness and cost efficiency should be explored. Certain functions, such as the development and maintenance of joint databases and purchase of books and other library materials, which should ideally be rendered at local level, may be effected at provincial level for economies of scale.
The Department currently funds three national libraries, the State Library in Pretoria, the South African Library in Cape Town and the South African Library for the Blind. The sub-directorate for Meta-information has a co-ordinating function for government departmental libraries and is also responsible for international relations. There is presently no structure for promotion and co-ordination of LIS at national level. An inter-ministerial working group has been established to advise on the matters relating to LIS.
It is recommended that a national advisory council be established to assist in the formulation of LIS policy, to provide co-ordinating networks and mechanisms and set priorities for extending national LIS. It will provide a vehicle for co-ordination at national level and may advise provinces on linkages between the national and provincial governments.
The primary need for infrastructure is in rural and black urban areas, close to where people live. The establishment of urban and peri-urban townships as dormitories, without proper facilities for recreation and leisure, is a feature of apartheid. This deprivation cannot be continued in the new dispensation which is concerned with improving the quality of people's lives at a local level. Such improvement must include the development of facilities to educate, nurture, promote and enable the enjoyment of the arts, film, music, visual art, dance, theatre and literature.
To this end, the Ministry intends to develop the concept of multifunctional, multi-disciplinary community arts centres through a number of pilot projects. Such centres might cater for music, dance, film and theatre, gallery and production, house a library and Internet access, as well as a museum. A national audit of such infrastructure will be undertaken co-operatively by all levels of government to guide future planning and the allocation of resources. This strategic partnership will involve provincial and local arts and culture forums and communities in the determination of needs and plans for the development, governance and maintenance of arts and culture infrastructure.
The multiplier and catalytic effect of such centres in creating work opportunities for artists, in generating income for local communities and in improving the quality of life at local level by providing access to international, national and local artists in all disciplines, will be worth the financial investment. In addition there is scope to combine artistic and cultural activity alongside sports and other forms of recreation. To this end discussions are ongoing with the Department of Sports and Recreation to seek full utilisation of the proposed community sports centres
These centres will serve two of the Ministry's most important principles i.e. providing access and redressing imbalances. The Ministry recognises that it cannot achieve this ambitious vision by itself. The Ministry will seek to develop relationships with the private sector, provincial and local authorities around the country, the international community, and various local communities themselves, to make this vision a reality. RDP have already earmarked for the pilot projects, and we look forward to increases in these funds in future years.
A full strategy for craft promotion is under development as part of a Cultural Industries Growth Strategy.
Crucial to the growth and sustainability of the arts, is the development of skilled human resources. This would include educating and training:
arts and culture practitioners to create and produce works of art in the various disciplines
educators to educate and train children, youth and adults in the arts and culture
administrators, curators and managers to organise and manage cultural institutions and projects.
These education and training programmes would be organised within the National Qualifications Framework. To ensure that the training needs of cultural industries are met, the Ministry is represented on the National Training Board. 57. Another educational imperative is the need to educate and train potential audiences and markets for the arts.
Until now, the formal educational system - when it has included arts education - has largely served the needs of the cultural institutions developed during, and which came to reflect, the apartheid era. In seeking to address these shortcomings, the Ministry maintains an ongoing dialogue within the Ministers Council on Culture, and with the Ministry of Education. Furthermore, the Ministry, through its associated Science Research Councils, will seek further to develop capacity in tertiary level arts education. All of these initiatives are furthered in commitment to the principle of lifelong learning.
The future of the arts and cultural expression lies in the development of new audiences and markets. Current audiences are largely determined by the location of infrastructure, the availability of disposable income, and the nature of the artistic forms on offer, all of which generally reflect the legacies of our apartheid past.
In developing new markets and potential audiences, the Ministry is committed to a four-pronged strategy:
entering into discussion with the Ministry of Education with the aim of introducing arts education at school level for all children, to cultivate a long term interest in the arts
ensuring that existing infrastructure is used for the benefit of all
developing arts infrastructure close to where people live i.e. through community arts centres, so that they grow up with, and have easy access to the arts and
generally raising public awareness of the arts, especially through supporting the growth and sustainability of a range of arts festivals, which will both provide more work opportunities for artists and create greater audiences and markets for the arts.
It is impossible for government by itself to achieve the vision outlined in this document. While government accepts that it has a major role to play, it needs to form co-operative alliances with other partners, and facilitate their participation with incentives where possible.
The Department will explore creative inter-departmental co-operation in seeking to unlock potential public resources and expertise for the arts. For example, a relationship with the Department of Trade and Industry may assist in the further development of the cultural industries. Co-operation with the Department of Environmental Affairs and Tourism, particularly in the light of Satour's declaration of 1997 as the year of Culture and Tourism, will help to boost cultural tourism. The advantages of co-operating with the Department of Education in developing human resources and with the RDP in developing human resources and infrastructure, have already been dealt with.
The Ministry will devise national funding policy in consultation with the relevant provincial authorities in order to provide a provincially diverse, yet nationally coherent arts policy. This process should resource infrastructure, projects and practitioners. Provincial and local governments should provide funds on an ongoing basis to ensure sustainability as well as, where possible, additional funds for infrastructure.
It has been suggested that a percentage of funds raised through the proposed state lottery be earmarked for the arts and culture. It is the Ministry's goal to access 5% of the funds distributed through the lottery.
Discussions are taking place with the Department of Public Works to develop the possibility for art works to be displayed in public buildings. Agreement on this would open up significant opportunities for the arts community. This initiative exemplifies the commitment of the Ministry toward creating partnerships across the sectors.
In some parts of the world, tax incentives are used to induce the private sector to play a major role in developing and promoting the arts. Other measures aimed at enhancing the quality of life for communities include the requirement that large building projects allocate a small percentage of their budgets for the incorporation of artworks into the overall design, for the enjoyment of the general public.
Given the absence of specific arts related tax incentives for the private sector, government has to find other means of encouraging private sector involvement in the arts. Under present circumstances, donations made by the general public for arts and culture do not qualify for tax relief unless it can be shown that the donation is in promotion of sales advertising.
Existing law does provide some scope for dealing with other situations. Section 18A of the Income Tax Act provides for 5% of taxable income to be regarded as before tax expenditure provided it is made to an "educational fund". Such a fund (in practice frequently a trust fund) must exist for the sole purpose of receiving donations to be used exclusively for education and training purposes by universities, colleges and schools. On the other hand, Section 10(1)(fA) exempts from income tax any charitable, religious or educational institution of a public character. The Ministry will, where possible, assist cultural NGOs to utilise these provisions.
Some countries provide for tax exemption in the case of bequests of artistic or heritage items for public benefit. The Ministry will explore how the current frameworks may best be utilised for such tax efficient donations, and at the same time seek to widen tax benefits for the promotion of the arts, culture and heritage.
Cultural institutions which are currently publicly-funded would need to become more commercially driven and organised along business lines. The Ministry will seek the co-operation of the private sector in providing assistance to such institutions in their drive towards a more business-like approach.
There are numerous examples of high profile private sector involvement in the arts. The Ministry recognises though, that the private sector will become increasingly involved in the arts if they can be convinced that it will impact positively on their profits. Accordingly, the Ministry will facilitate partnerships between the private sector and cultural institutions and NGOs to explore and achieve mutually beneficial relationships. In particular, discussions are underway to establish a National Association for Business Sponsorship of the Arts.
The international community has played and continues to play a major role in the reconstruction and development of South African society. Numerous foreign governments provide generous support to cultural NGOs, which has helped to ensure the survival of many into the current dispensation.
The Ministry will continue to encourage the international community to provide support to cultural NGOs and projects, but will also seek the international community's assistance in developing and training our human resources, building organisational capacity and developing infrastructure such as community arts centres, as part of a coherent plan and strategy.
In the past, publicly-funded cultural institutions and practices allowed, and at times encouraged the exploitation of artists. With the decline in subsidies over the years, the salaries of practitioners, technicians and administrators in arts institutions are unacceptably low.
The Ministry will encourage the creation of optimum conditions in which artists may practice their art, and enjoy their right to freedom of expression in a relatively secure working environment and with the same protection enjoyed by other workers.
Accordingly, the Ministry will encourage the review of existing legislation, especially the Performers Protection Act No. 11 of 1967 and the Copyright Act No. 11 of 1978 (and amendments). Other Acts relating to labour relations, taxation and social security also require interpretation against the particular working conditions of artists.
"A nation without a past is a lost nation. And a people without a past is a people without a soul". Sir Seretse Khama, first President of Botswana
Countries preserve their heritage through permanent collections of various kinds, and through restoration and care of sites having religious, political, cultural, scientific, archaeological or environmental significance. In so doing, they declare what has value for them, what they seek to preserve as evidence of their own as well as other's development and achievement.
Attention to living heritage is of paramount importance for the reconstruction and development process in South Africa. Means must be found to enable song, dance, story-telling and oral history to be permanently recorded and conserved in the formal heritage structure.
Heritage institutions and practitioners in these fields comprise another essential aspect of our national life. It is the policy of the Ministry to provide opportunities for equitable development of heritage programmes and institutions through redress measures and democratisation.
This section of the draft White Paper deals with the measures intended to preserve and enrich these two aspects of heritage. The Ministry is mindful of the comprehensive work carried out on this sector by the ACTAG members. The recommendations which follow serve as first steps, building on their foundation.
The Department currently provides funding for the Declared Cultural Institutions, and in so doing recognises that museums and the National Zoological Gardens have the potential to play a vital role in the development of arts, culture, heritage and science in South Africa. They provide opportunities for life-long learning which are not found at other types of public institution. Not only are their scientific resources and expertise a major national and regional asset, but they also promote tourism and other entrepreneurial activities.
The Declared Cultural Institutions are 'national' in the sense that they are budgeted for by the Department because of ad hoc decisions made in the past, but they are not all of 'national' status in terms of their collections or the services they provide. Indeed, several provincial and municipal museums are more 'national' in this respect than some of the nationally funded institutions. The Declared Cultural Institutions must therefore be evaluated according to agreed criteria of what constitutes 'national'.
There are some 400 publicly funded museums comprising small municipal institutions, provincial museum services which co-ordinate both large and small institutions, and large nationally funded museums which each attract more than half a million visitors a year. The majority of these museums are managed at local and provincial level.
The Department has also given regular financial support to seven other heritage organisations which comprise companies under Section 21 of the Companies Act of 1973. All these organisations are important elements in the strategy for development of the heritage sector.
Nonetheless, the provision of museum services has lacked co-ordination, there having been no national museum policy. Planning has been fragmented, many communities do not have access to museums, and cultural collections are often biased.
Funds are needed so that new museums and museums outside the current national network can also have access to national funding. The Ministry's policy therefore calls for transformation through a systematic process of restructuring and rationalisation.
Against this background the Department will carry out a review of the Declared Cultural Institutions as one of its most immediate tasks. The Review will be guided by the following principles:
reconceptualisation of national museums to present a nationally coherent structure
provision for a dynamic infrastructure which will allow for future inclusion of other heritage institutions
to ensure effective and efficient use of limited resources
facilitation of the sustainable development of heritage appreciation through exhibitions and focussed educational programmes
the promotion of national museums through co-operation with provincial museum structures
promotion of scientific activities in the national system of innovation.
In the interim, state-funded museums have been encouraged to redirect their outputs to new activities which reflect the overall goals of the Government. Fundamentally, allocations will become subject to performance measures.
National Monuments Council
The National Monuments Council is a statutory body which administers the National Monuments Act (Act No. 28 of 1969, as amended). Equivalent legislation was promulgated and administered by the KwaZulu Monuments Council, the Ciskei Historical Monuments Board and the Transkei Department of Education. All these acts should be incorporated into one act.
The term 'monuments' is narrow and for this reason the term 'heritage resources' is preferred. Heritage resources protected by current legislation include places of natural beauty, buildings, street landscapes, objects of historical importance, geological, palaeontological and archaeological sites and objects, rock art, shipwrecks, and graves of historical figures and of victims of conflict. The latter are administered by the War Graves Division of the National Monuments Council.
The imbalance regarding what counts as a national monument must be corrected. National monuments should not be seen in isolation, but should be identified in a systematic programme for "cultural mapping". Communities would be encouraged to locate and mark the heritage sites important to their identity. The Ministry, together with provincial counterparts, will endeavour to support communities in carrying out such audits.
The National Monuments Council will therefore be reconstituted as a division within a broader National Heritage Council (NHC). The National Monuments Act, which currently governs the National Monuments Council, will be replaced with new legislation which maximises co-ordination across all the fields of national heritage conservation. The National Heritage Council will comprise the assets, posts and resources of the National Monuments Council head office in Cape Town and the War Graves Division in Pretoria.
The National Heritage Council will act on recommendations for new sites to be declared national monuments, or for objects to be declared national cultural treasures. The protection and conservation of heritage resources is acknowledged by the Ministry as an important function of both environmental planning, urban and rural development planning.
The work of the current War Graves Division will be broadened to include the maintenance of graves of victims of conflict within South Africa, and conducted abroad by South Africa. The NHC will determine and execute national policy for graves of victims of conflict.
National Place Names Division
The existing National Place Names Committee is an advisory body which has been in operation for 53 years. It advises the Minister and the Department on the naming of places in South Africa, on the gradual correction of the spelling of geographical names, on changes to place names and on the compilation of dictionaries of geographical names.
The members of the National Geographical Names Division are appointed by the Minister and represent institutions and departments such as Telkom, the Post Office, Transnet, Surveys and Land Information, Language Services and experts from other fields.
The present mandate of the Committee is to consider proposals received from interested parties for the approval of new place names and for changing existing place names in South Africa. The Committee may also advise on the revision of names at its own initiative to keep pace with changes in spelling and styling. The principles applied take account of linguistic, historical, cultural and practical considerations to avoid duplication, offensive names or confusion between similar names.
The Ministry is convinced of the need for terminological corrections. As part of the process of transformation towards democratic decision-making, the National Place Names Committee will be renamed as the National Geographical Names Division and fall under the National Heritage Council. Its remit will be broadened through appropriate legislation. The National Geographical Names Division, in consultation with provincial authorities, will be responsible for identifying existing place names in need of revision, co-ordinating requests for advice on new geographical names, communicating decisions effectively to the relevant Ministries, the public and liaising with international organisations concerned with geographical names.
The National Heritage Council
Given the range of tasks required to transform support for heritage, and in accordance with the principles of access, redress and participation, it is proposed to establish the new National Heritage Council (NHC) as a statutory body. The Council will seek to bring equity to heritage promotion and conservation. The National Heritage Council will receive a parliamentary grant through the Department and will provide funding by transfer payments to institutions and projects under its remit. As such it would be subject to the requirements of the Reporting by Public Entities Act No. 93 of 1992. Other funding by the NHC might be through matched subsidy or core funding, depending on the resources available to applicants.
The NHC will also advise on policies for research, collections management, curation, exhibits and education, and establish such panels as may be needed to promote its mandate The Council will also play a co-ordinating and consultative role in advising on national cultural symbols.
The National Heritage Council will consist of twenty three Members: nine members with professional expertise across museums, art galleries, archives, living heritage, heritage resources, architecture, education and natural sciences, finance and law; five members of civil society, and one member nominated by the MEC responsible for cultural affairs of each province. There will be due regard to demographic, race and gender representation. Members will serve three year periods of office, renewable after a three year lapse, except that one third of the members may be immediately re-elected to maintain continuity. The NHC will itself be supported by a Chief Executive Officer and a small professional staff.
Funding requests will be divided into two groups, on-going operational and project requirements. Budgets for operational expenditure will be reviewed by the NHC, whose Board will then recommend to the Department what percentage of the amount requested should be provided to each institution. This assessment will be based on the uniform application of defined criteria, such as performance measurement and regional requirements.
Project requirements will be submitted annually, in the form of project proposals, to the NHC. These proposals will need to satisfy a number of specific criteria, such as research and educational, conservation, recreational, tourism and cultural value. Furthermore, in order for projects to qualify for Department funding, requests must be able to clearly demonstrate the national relevance of the proposed projects. All institutions will be free to pursue other projects which are not Departmentally funded. If a project which is initially funded from other sources develops to a stage where it may qualify for Department funding, the relevant institution will be able to request further funding from the NHC.
The Ministry and the NHC will establish a national initiative to facilitate and empower the development of living heritage projects in provinces and local communities. The recognition and promotion of living heritage is one of the most vital aspects of the Ministry's arts, culture and heritage policy. The aim is to suffuse institutions responsible for the promotion and conservation of our cultural heritage with the full range and wealth of South African customs.
The strategy will be to facilitate the development of a structure and environment in which projects can be initiated by communities themselves. Resources will be sought to:
record living heritage practices
develop an inventory of living heritage resources
encourage awareness programmes amongst communities whose heritage has been neglected and marginalised
encourage museums to conserve living heritage through audio-visual media.
In the planning domain, urban planners require sensitivity of the need to consult communities so that land can be set aside where needed for traditional practices such as initiation. Building regulations and standards may need adaptation so that traditional building methods, materials and house styles can be used or adapted where appropriate and so that knowledge of essential skills can be passed on to others.
The Department will liaise with the Department of Education and provincial departments responsible for cultural affairs to develop information for heritage education in school curricula and non-formal education so that students and the youth are encouraged to take pride in their own living heritage.
The Ministry and NHC will consult with practitioners and provincial heritage services to develop a strategy and code of ethics for using living heritage resources for cultural tourism. This should be done in collaboration with Satour and the Department of Environmental Affairs and Tourism. The strategy should empower communities, particularly in rural areas, to promote traditional customs and performances.
Such a programme could have a ripple effect on job opportunities in the tourist industry by making marketable living heritage products such as videos, CDs, tapes, crafts and books available for sale. The cultural crafts industry will in turn have an impact on product and service development.
INTERNATIONAL CULTURAL CO-OPERATION
Against the background of a long history of cultural isolation from the rest of the World, it is the goal of the Ministry to facilitate international cultural exchange so that more South African artists take their places on the world stage,
and so that local art and artists may benefit from international experience, exposure and expertise. The fact that South African culture consists of African, Asian and European traditions links it to the rest of the world.
The imperative of the Ministry's policies for international relations is to maximise opportunities for South African arts, culture and heritage practitioners and institutions to interact with the rest of the world.
Priority areas are to:
enable administrators and managers to acquire training and experience abroad, and for research to be done into international arts and culture administration courses with a view to implementing similar courses here
enable international arts educators to play a role in the non-formal training of practitioners, administrators and arts educators in the short to medium term
enable a corps of artists in each discipline to benefit from international exchange programmes
encourage the participation of South Africans in international exhibitions, arts festivals and arts forums of note
encourage local arts institutions to host international artists-in-residence for period during which they will pass on their skills to local artists.
The NAC will liaise with international arts and culture institutions for the purposes of promotion and development.
The NHC will liaise with international heritage organisations regarding cultural sites for the World Heritage list, and other matters regarding heritage conservation.
Having returned to the community of nations, we have an opportunity carefully to consider our regional and international relations. We are of Africa, yet have poorly developed cultural relations with our neighbours, as well as our numerous partners in the South, especially Asia. In developing these new links we shall of course maintain and also extend our links with the North.
Particular attention will be given to liaison with other Southern African countries to share knowledge, training and facilities for a regional network of information on indigenous African customs and beliefs. The focus of this exchange will be to forge closer ties between South Africa and its neighbours in support of regional development and the need to create common markets and audiences for the arts, culture and heritage industries of the region.
These initiatives will link with the UNESCO World Decade for Cultural Development which ends in 1997, and the World Decade for Indigenous People which began in 1995.
We shall build on our unique convergence of cultures to develop international links for cultural exchange on the basis of mutual respect.
Africa is faced with the challenge of re-establishing itself within a rapidly changing global environment. The rich and diverse traditions of African arts, culture and heritage and their contribution to the development of world culture is universally recognised. The Ministry's policy on relations with Africa will be based on fully reintegrating South African culture with that of the continent.
South Africa's return to the Commonwealth enables it to interact with the British Isles and Canada, as well as countries in Africa, Oceania, the Caribbean and Asia. Most Commonwealth states are characterised by linguistic and cultural diversity having developed from British colonies to independence with a mixture of expatriate and indigenous cultures.
Many if not all of these countries make provision for public participation in developing and promoting their arts, culture and heritage through Councils similar to those proposed in this document. This offers an opportunity for South Africa to enter into a wide range of programmes with member states by means of bilateral agreements as well as multilateral or joint projects and programmes under the auspices of the Commonwealth Institute and other co-ordination bodies.
Official cultural policy previously favoured relations with Europe and North America which resulted in a particular bias. The Ministry's policy asserts the fact that we are an African country with many cultures and traditions, of which these tradition are an integral part. This policy therefore regards relations with these countries as essential for the continued development of our country within a framework of multi-culturalism.
Through membership and association with various multilateral organisations (UNESCO, SADC, OAU), we can make our contribution to world cultural affairs, and at the same time, benefit from international experience and expertise by becoming signatories to various international conventions on the arts and culture.
Like other aspects of our society, arts, culture and heritage must undergo a fundamental transformation if they are to achieve the vision embodied in our commitment to human dignity, the achievement of equality, and advancement of human rights and freedoms. In so doing , the basis will be laid for an exciting, vibrant artistic practice and cultural life in which artists realise their full potential, the nature of our democracy is enhanced and a better quality of life for all is attained.
By addressing seven crucial areas -
the provision of infrastructure, human resource development, greater access to public funds to support the creation and dissemination of art, the development of markets and audiences, integration with the RDP, increased funding for the arts, culture and heritage, and securing the rights and status of artists, it will indeed be possible for everyone to freely participate in the cultural life of the community, and to enjoy the arts.
Our vision is to be promoted through two new statutory bodies, charged with the responsibility for transformation and the management of funding to beneficiaries with sensitivity and accountability.
Ours is indeed no simple task, given the ease with which the arts, culture and heritage may be abused for sectional purpose. The opportunity now presents itself for us to rise above the pettiness of selfish practices. The enthusiasm with which the new national flag was greeted tells us that it is possible to find common ground. This is the essence of national reconciliation and nation building, and it is to this sentiment that the draft White Paper addresses itself.
Minister Speeches
South African Cultural Observatory
National Archives of South Africa
SAHRIS
SA-UK Seasons 2014 & 2015
Terminology Project National Register
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Sechaba House, 202 Madiba Street, Pretoria, Cnr Madiba & Paul Kruger Street
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Harrisburg Middle School presents 'Wizard of Oz', Friday and Sunday
Cast members of Harrisburg Middle School's 'The Wizard of Oz' make their way down the Yellow Brick Road in this rehearsal photo. The musical is 7 p.m. and 2 p.m. Sunday at Harrisburg Middle School.
Courtesy of Harrisburg Middle School
Submitted by Harrisburg Middle School
Posted on 11/17/2017, 1:00 AM
HARRISBURG -- Harrisburg Middle School will present "The Wizard of Oz" in performances Friday and Sunday at the middle school.
The shows, directed by Jennifer Irvin and Hannah Drake, will be at 7 p.m. and 2 p.m. Sunday.
Middle school students make up the cast of the show, and Harrisburg High School students are handling technical crew duties.
Costumes are designed by Janet Hart, and John Hart is providing sound.
Tickets are $5, and concessions also will be available.
Click here to sign up for the Entertainment Newsletter
Life & Entertainment
Harrisburg Register
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Higher School of Fine Arts and Design Toulon Provence Méditerranée
ESADTPM
Institutions of Governance
Classes for amateurs
Research platform - Passages
Degree course
Research and Creation Workshops
Mobility grants
ERASMUS + programme
Partners outside ERASMUS
Teacher mobility
ESADTPM : École Supérieure d’Art et de Design Toulon Provence Méditerranée
With authorisation from its Board of Directors in July 2014, the École Supérieure d’Art became the École Supérieure d’Art et de Design Toulon Provence Méditerranée (ESADTPM) thus accentuating the two axes of higher artistic education provided by the establishment.
Founded in the 19th century, the school today is an academic institution authorised to deliver national high-level education diplomas, and reflects the evolutions in the teaching of art in France.
A higher education establishment
The current school is the result of active reflection of its academic staff in order to adapt its courses to respect the reform of higher artistic education led by its academic tutelage, the Ministry of Culture and Communication.
This reform sought to harmonise the ensemble of higher artistic education on a European level, and in 2012 it also conferred the grade of Master to the Diplôme National d’Expression Plastique (DNSEP), the diploma is attributed to those who successfully complete the five year curriculum specializing in art, it also involved the renewal of the statutory framework of the establishment.
The school proposes two curricula, one in Design and the other in Art. The Design option leads to a diploma after three years of study, the Diplôme National d’Arts et Techniques (DNAT). The Art option implies following two consecutive cycles of study and leads first to a Baccalaureate+3 level diploma, the Diplôme National d’Art Plastique (DNAP), and then after two more years to the Baccalaureate+5 level diploma, the Diplôme National Supérieur d’Expression Plastique (DNSEP).
A public establishment for cultural cooperation
Supported by the Communauté d’Agglomération Toulon Provence Méditerranée, the Var Departmental Council and by the Ministry of Culture and Communication, the school became a Public Institution for Cultural Cooperation (EPCC) in January 2011 under the name of École Supérieure d’Art Toulon Provence Méditerranée (ESATPM)
This statutory transformation enabled the legal framework for administrative and academic autonomy necessary to set up scholastic courses that lead to the delivery of high-level education diplomas.
The EPCC statute has also enabled the constitution of a system of governance under the form of an elected Board of Directors that works alongside a Scientific and Academic Council where the orientations of the curricula and issues regarding student life and the projects run by the research platform are debated.
This system of management reinforces the harmonisation of the establishment within the national network of Écoles Supérieures d’Art which deliver identical diplomas, thus offering students even more opportunities to transfer to similar high-level art school or other high-level education establishments, as well as gaining access to a study programme abroad with one of the international high-level education partners of the school.
École Supérieure d'Art et de Design Toulon Provence Méditerranée
168 Bd du Commandant Nicolas
http://www.esadtpm.fr/en/presentation/esadtpm-ecole-superieure-dart-et-de-design-toulon-provence-mediterranee-294.html
Realisation : Stratis
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1:76 D-Day Operation Overlord Gift Set Airfix 22.08.2014, 19:44
1:76 D-Day Operation Overlord Gift Set
Early on the morning of June 6th 1944 the combined forces of the Allied armies landed on the Normandy beaches in Northern France in the most ambitious and important operation of the Second World War. With airborne troops already on the ground and fighting, the sea-borne element of the force began landing. This phase of the operation was codenamed Neptune and consisted of five invasion beaches, three British and Canadian (Sword, Gold and Juno) and two American beaches (Omaha and Utah).
The landings themselves were preceded both by a powerful air attack and by a fierce naval artillery barrage from a vast armada of ships anchored off-shore. The majority of the beaches were taken with casualties, but no severe losses, except for Omaha where the American troops were pinned down after the naval bombardment failed to destroy the German defences.
But even this obstacle was overcome and once the beach-heads were secure, Allied troops and equipment were quickly brought ashore, ready to continue on and liberate the occupied countries of Western Europe and ultimately to defeat Germany and win the war.
This collection comes from the Normandy beach-head, with tanks, landing craft, trucks, a gun emplacement, soldiers and a diorama base to enable you to recreate this momentous day.
Airfix Gift Sets are ideal for more advanced modellers and include glue, acrylic paints and brushes.
1:72 Avro A
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Iran, Malaysia and Venezuela to build oil refinery in Syria
Iran, Malaysia and Venezuela have signed a deal with Syria to build a $ 2.6-bn oil refinery in the centre of the Arab country.
The refinery with a capacity of 140,000 barrels of crude a day is to be built in Homs -- already home to an oil refinery -- about 160 km (100 miles) north of Damascus.
Iran, Syria and Venezuela are to contribute 30 % funding with the remainder being made up of loans and Malaysia's contribution. The agreement was signed by representatives of the four countries.
Syrian Deputy Prime Minister Abdullah Dardari said the aim was to cut imports of oil-based products into the country, where production has slumped to around 400,000 bpd, falling by 200,000 bpd since 1996.
Source: AFP
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Posted on February 27, 2014 by gydle
Do you ever find that when you start to pay attention to a thing, all sorts of coincidences line up to help you hone your focus? Keep you from letting it go? It’s almost as if the universe is saying “Finally! I can’t believe it took you so long!”
This happened to me recently with wolves. If you’re a loyal Gydle reader, you will know that while we lived in Switzerland I was extremely bothered by the relationship that Europeans seem to have with wolves and other predatory mammals. That may be an understatement. It would be fairer to say that it drove me batshit crazy. The presence of wolves (or lynxes or whatever) is not acceptable to most Europeans because 1) these critters are inherently evil and 2) it might jeopardize the number of prey animals available for humans to hunt down. The fact that wolves will, if given a chance, kill sheep, cows, and goats and that they do not respect national and state borders is taken as evidence that we are not meant to co-exist.
The first coincidence was a movie about how the reintroduction of wolves into Yellowstone National Park has changed the physical geography of the river valley. It’s a tribute to the incredible complexity of natural ecosystems and the delicate balance between creatures and the landscape they inhabit. Watch it here:
The second coincidence is that I have been thinking and reading about myths and symbols lately. Wolves seemed like they might be that kind of a thing, since people get so worked up about them.
It was a she-wolf who rescued and nourished Romulus and Remus, the founders of Rome. Some cultures even consider wolves as descendents of men, or men as descendents of wolves. The wolf is of central importance to many Native American myths as well. The Chechen people have a “wolf-mother” founding myth. Wolves are often considered warriors, and are feared, revered, and respected.
The book of Genesis in the Judeo-Christian mythology tells us that humans are the central point to all creation, and animals are brought into existence solely to further human purposes. In this view, nature is only acceptable insofar as it can be controlled by man. The wolf is a frequent symbol in this mythology as an evil force preying on the faithful, who are represented by flocks of sheep.
From a Jungian perspective, the wolf is one of those major symbolic anchors that tie humans together across cultures and time – an archetype. I first ran across this idea while reading Women who Run with the Wolves, by Clarissa Pinkol Estes.
Healthy wolves and healthy women share certain psychic characteristics: keen sensing, playful spirit, and a heightened capacity for devotion. Wolves and women are relational by nature, inquiring, possessed of great endurance and strength. They are deeply intuitive, intensely concerned with their young, their mates and their pack. They are experienced in adapting to constantly changing circumstances; they are fiercely stalwart and very brave.”
Intuition, devotion, playfulness, bravery. Estes develops a case for what she calls the “Wild Woman Archetype,” and said it first crystallized for her in the study of wolves.
Both have been hounded and harassed, and falsely imputed to be devouring and devious, overly aggressive, of less value than those who are their detractors. They have been the targets of those who would clean up the wilds as well as the wildish environs of the psyche, extincting the instinctual, and leaving no trace of it behind. The predation of wolves and women by those who misunderstand them is strikingly similar.”
I will say for the record here that I love the way this woman writes. “Extincting the instinctual.” But all floweriness aside, I think she’s on to something here. Wildness, playfulness, deep instinct – these things make us uneasy, especially in a woman. We value tameness, order, submissiveness and predictability in our women and our landscapes. In contemporary culture women are increasingly (and alarmingly) idealized as waiflike and fragile, not strong and thick and fierce like the she-wolf. It’s fine for men to have a sense of humor, but in a woman? That’s not “attractive.”
But like any essential part of ourselves that we bury, this refuses to stay in the shadows. It occurs to me that perhaps my reaction to the Swiss attitude towards wildlife was just a massive projection of my own buried instinctual nature onto an entire country. It’s so easy to externalize things that bother you about yourself.
See, Switzerland is the epitome of the beautiful, orderly place that Europe strives to be. It has been human-centered for centuries. The wildflowers on the flanks of the Alps are there in a balance dictated by the presence of domesticated animals; the trees are monitored and classified, rivers and streams carefully channeled into pre-determined beds, hidden military bunkers carved into the rocky hillsides, trails carefully signposted so you would have a tough time getting lost even if you tried. I loved all this when we first arrived – and to some extent I still find it deeply reassuring. It’s all so tidy, tame and unthreatening.
And there’s nothing really surprising in this attitude towards nature — it’s consistent with their mythology, after all.
But I still feel called to places that have some wildness left. Maybe it’s because I grew up in New Mexico, exposed to more animistic Native American influences, in a relatively untamed landscape where wildness is still part of the equation, but I am not comfortable with the wisdom that says humans are meant to rule the earth and that nature exists in service to us. I am certain the microbes that inhabit our guts will be here long after we’ve managed to wipe ourselves off the face of the planet. What happened to our humility? Our respect for balance? Why aren’t our big brains able to grasp that we’re doing ourselves in? Or is it just a thing that is beyond our control, like a rock that’s started rolling down a hill and won’t stop until the entire mountainside has joined it in a heap at the bottom of the valley?
Maybe all these coincidences are telling me it’s time for me to step back and take stock of the balance in my own inner ecosystem. Maybe it’s time to let my inner wolf reclaim her habitat and work her magic. Maybe part of my path involved going to Switzerland so I would have to see and confront this head-on.
Hang on, you’re thinking. When did you go all woo on us? Can we please go back to science and the microbiome?
Okay. I admit though that it makes me happy to think that everything happens for a reason. Call it the placebo effect.
The third coincidence, which you will recognize by now that I don’t see as a conicidence at all, was the kundalini yoga class where I saw the embodiment of the Wild Woman Archetype and thought about Estes’ book for the first time in years.
Today is #WolfDay, a day designated by conservationists and wolf experts to urge the US Fish & Wildlife Service to extend the Endangered Species Act’s protections for the gray wolf, which is in jeopardy because the ranchers are once again chomping at the bit to hunt and kill them. Why can we not live in balance, either externally or internally? Why must we always be dominant, controlling, calculating? It was just the extra push I needed to write this post.
Happy #WolfDay. Hug a wolf — or better yet, a wild, strong, loyal and funny woman in your life.
Wanted: female lynx
This entry was posted in Philosophy, Switzerland, Yoga in General and tagged Jung, Switzerland, wildlife, wolves, yoga by gydle. Bookmark the permalink.
One thought on “The she-wolf”
Jo Ann hansen rasch on April 23, 2014 at 12:26 am said:
Love this blog. My American brother sent me “Women who Run with the Wolves” in 1993 and it became a corner stone for my own development. It’s wonderful that you know both sides of the Atlantic and how each deals with nature.
But just a reminder about comparisons. Europe has been overrun by people for centuries so nature and human kind have had to find a modus vivendi that the American continent has yet to encounter. In Europe ecologists are trying to reintroduce creatures that once lived here naturally. On the American continent people want to save creatures that have not yet been ejected by human beings.
Also, Swiss myths are just as terrifying and helpful as all human myths. In fact, I think the reason the Swiss like order and stability is because their fore bearers were so often defeated in their fight to survive in such difficult territory. It is hard to imagine now, but for centuries, the Swiss survived only by selling their men as soldiers to other countries and sending off their girls to work as housemaids. Fortunately many were able to begin new lives in the new world, thus becoming part of the American myth.
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Jessie Field (Book/Lyrics) is an NYC playwright and director. Past musical collaborations with her brother, composer Jared Field, include Rachel (2018 JDT Lab Selection, WINNER Outstanding Musical - 2015 Fresh Fruit Festival, 2013 Harold and Mimi Sternberg Prize for Best Original Play) and La Maupin (2018 MUT Competition finalist, WINNER Audience Favorite - 2017 Fresh Fruit Festival). Jessie’s TYA straight play To The West was recently a finalist in the Growing Stage’s New Play Reading Festival. She will be attending the Graduate Musical Theatre Writing Program at NYU Tisch in the fall. Jared, Kt, Michele, Mark, Cassidy, Allison, Vanessa, Sarah, Lisa, Max, Jake, Larry, Madeleine - my gratitude knows no bounds, thanks for the adventure! www.jessiefield.com
Jared Field (Music) is a composer, conductor, music educator and clarinetist. Jared has collaborated with his sister Jessie Field on several musicals including Rachel, La Maupin, and the upcoming Tulia. Jared is a graduate of Brandeis University and Teachers College, Columbia University. He currently teaches middle school music at Worcester Academy, where he is a proud recipient of the O’Connell Award for excellence in teaching. www.jfieldmusic.com
Michele O'Brien (Director) is a director, writer, and performer who is THRILLED to be helming this reading of La Maupin! Directing includes: Queens Theatre’s Park Plays (Afternoon Prayers by Jenny Lyn Bader), Emerging Artists Theater’s New Work Series (Chasers by Ashley Lara), NY Madness (new plays by Joshua Young, Jessica Moss, and Matthew Barbot), LOVE DRUNK (Sightseeing by Elena V. Levenson), The 24 Hour Plays: Nationals (Delayed by Piper Werle). She's a member of the NY Madness directing company and New Perspectives Theater Company’s 2018 Women’s Work Short Play Lab and has assisted off-Broadway (F#%king Up Everything, dir. Jen Wineman), at FRIGID Festival (How to Sell Your Gang Rape Baby* *For Parts, dir. Michele Travis) and at the New York Theater Festival (Rachel, dir. Ari Laura Kreith). She’s also an improviser and sketch comedy writer whose work has been performed at Upright Citizens Brigade and the PIT. B.A., Vassar College.
Kt Harris (Stage Manager) is a third year at NYU Tisch School of the Arts studying Costume Design and Stage Management. Previous Credits Include: La Maupin (ASM), Tisch’s Festival of Voices (SM), Men on Boats (Costume Designer), Safety Net (Asst. Costume Shop Manager). She’s so excited to return to this project and would like to thank Jessie, Jared, and Michele for this wonderful opportunity. She’d also like to thank the three most important women in her life: her roommate Hunter, her girlfriend Jacquelyn, and her cat Gabby.
Mark Oleszko (Music Director) is a New York-based music director, pianist, composer, and arranger. He is also a current full-time high school music teacher with the New York City Department of Education. His performances have spanned various stages ranging from The Apollo Theatre to the United Nations. Mark's original musical #LoveStory played the NYC Fringe Festival in 2015, winning an audience favorite award. He sends big love to his family and students!
Madeleine Goldsmith (Producer) is a Manhattan-based producer. In the last year since moving to New York from San Francisco she has produced works at Abrons Arts Center, HERE Arts Center, and Target Margin Theater. In the fall she will have productions at The Bushwick Starr and SoHo Rep.
Cassidy Layton (Julie d’Aubigny) is so so excited to be getting to revisit the world of La Maupin, this time as Julie! Cassidy is an actress, singer and comedian based in NYC. Favorite credits include Ryan Scott Oliver’s: Three Points of Contact, Bagels from Benny (92Y), Full Frontal with Samantha Bee (TBS), and All Star: the Smash Mouth Musical. You can see Cassidy on SNL a few times a season to the left of and slightly behind the famous people, or in a handful of indie films where she plays various angsty teens. Cassidy is also currently writing her first full length play A Conversation with Ted Bundy. She would like to thank Rob, the shrubs, Jessie & Jared, and every dog she’s ever seen. cassidylayton.com - @casadilla67
Allison Frasca (Marquise de Florensac) is so excited to join the fantastic world of La Maupin! She is an actor, singer, and writer living in NYC. You can also catch Allison performing at St. Luke’s Theater in Wicked Frozen every Sunday at 7:30. Allison has also starred in many indie films including Toss It (Hollywood Reel Independent Film Festival) and Dean Darling (The Stony Brook Film Festival). She’s also currently writing, producing, and starring in her magnum opus, All Star: The Best Broadway Musical, a full show only using the song All Star by Smash Mouth (they know about it and aren’t going to sue her!) She loves and thanks her family, this incredible cast and creative team, Dominic, and the Shrubs for their endless support and love! www.afrasca.com
Vanessa Wendt (Brigitte) New York: Godspell; Willie & Me: The Emmett Kelly Story (Actress – Reading); Roaring Girl (Mistress Gallipot); La Maupin (Brigitte, Fight Captain – Fresh Fruit Festival), Two Gentlemen of Verona (Julia), Much Ado About Nothing (Beatrice), As You Like It (Duke Frederik/Corin), Windy-Woo and her Naughty, Naughty Pets (Princess Vicki/Ensemble; Workshop Reading), Pieces, The Musical (Dr. Carol – Workshop Reading), Julius Caesar (Brutus, Fight Captain), Orphan Train: The Musical (Rachel Pierce), The Taming of the Shrew (Katharina), Romeo & Juliet (Mercutio), Comedy of Errors (Adriana – NY Fringe), Quest of the Hero (Princess Zelga - PCTF), Sunday on the Rocks (Jessica), Under Fire (Ensemble – NYMF), The Big Orange Splot (Penelope Record); Chicago: Seussical (Sour Kangaroo), How To Succeed in Business…. (Bud Frump), Little Women: The Musical (Marmee). Vanessa is also the Managing Director of The Fools and Kings Project. www.thefoolsandkingsproject.com
Lisa Campbell (La Rochois) acts in classical and contemporary theater, musical theater, and film in NYC and regionally. She has performed with the Adirondack Shakespeare Company, Castillo Theatre, Theater for the New City, and The Gallery Players. She holds an MFA in Acting from Brooklyn College. Lisa is a feminist and activist, and she is thrilled to be part of this reading about the legendary, badass Julie D'Aubigny.
Sarah Moebius (Fanchon Moreau and others) is so excited to be a part of La Maupin’s revival. She was last seen as Fanchon in last year’s production of La Maupin. Directly after the show she will be leaving for Seattle to attend the International Stunt School. She would like to thank her parents and friends for their undying support.
Jake Regensburg (Comte d'Albert and others) is ecstatic to be making his debut in the Tank Pride Festival. Recent credits include Happily The Musical with Lamplighters NYU, and La Maupin at The Fresh Fruit Festival. He is a current student at NYU Tisch School for the Arts in the Atlantic Acting School. He would like to thank the La Maupin team for granting him this incredible opportunity, again! Love to M, D, and C.
Larry Luck (Gabriel-Vincent Thévenard) is an actor and singer based in NYC, but owes his charm to hometown Houston, Texas. Some of his favorite credits include Joe Hardy, Cinderella's Prince, and Curly McClain. He is incredibly honored to be part of this production, and very excited to finally realize the dividends of high school French class.
Max Bitar (Séranne) is thrilled to be back working on La Maupin again! He has worked in New York primarily on new plays at venues such as The Cherry Lane Theatre, INTAR Theater, The New Ohio, The Wild Project, and more. Regionally he has performed at theaters such as PlayMakers Repertory Company, Deep Dish Theatre, and The Kenan Theatre. Huge thanks to Jared and Jessie and the entire Maupin team!
Anastasia Rutkowski (Stage Directions) is a Graduate of Drew University and a Massachusetts native. Favorite past theater roles include Irene Pavel in Steel Birds, Marlene Dietrich in Silver Screen Parade, Elizabeth in Press, Maria in Twelfth Night. Film: Lobster Fra Diavolo, and Pancakes.
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How long can trains go?
Handout/ Canadian Pacific Railway
A Canadian Pacific Railway 10,000 foot intermodal train near Lake Superior in Northern Ontario.
Scott Deveau, Financial Post · Feb. 26, 2011 | Last Updated: Feb. 26, 2011 1:51 PM ET
Shortly after 5:30 a.m. on March 21, 2009, a Canadian National Railway Co. freight train destined for Montreal derailed outside Brighton, Ont., a small town about two hours east of Toronto.
In all, six rail cars were ripped off the tracks — three carrying hazardous materials — after the train, which stretched nearly 2.7 kilometres, came to an unexpected and abrupt stop. This forced some of the heavier cars in the back of the train to crash into some lighter ones closer to the front, causing the knuckle connecting them to break.
Fortunately, no hazardous materials were leaked and no one was hurt.
Derailments like these are not entirely uncommon in the busy Toronto-Montreal corridor, which sees about 40 freight and passenger trains pass through it on average each day.
By most accounts, the accident was pretty innocuous and didn’t even fire up the local press.
But it did catch the eye of regulators. Not because of its impact, but because of the sizeable length of the train involved, how it was built, and the echo it carried of previous accidents involving these longer, heavier trains that are increasingly populating the country’s largest railways.
The Brighton accident was the tipping point for regulators after seeing such incidents on the rise, said Rob Johnston, Transport Safety Board director of rail and pipeline investigations.
“Some of the things identified in the Brighton report, and were also clearly identified in other investigations, were an eye-opener,” he says.
Federal study launched, profits on the rails
Transport Canada launched a six-part study into the long-train strategies at the country’s largest railways this month with an eye on developing policies for how these longer, heavier trains are assembled and run. The goal of the two-year study is to develop science-based regulations that will hopefully reduce the number of derailments in the country.
Despite the concern from regulators, these longer, heavier trains in recent years have been a godsend for North American railways, which swear by their safety. Not only do they improve the efficiency of the rails by reducing the number of trains required to transport goods, but they in turn reduce the crews needed and the fuel used to move their shipments.
If properly built, they can also reduce wear and tear on the trains and the tracks themselves by cutting down on in-train forces, lowering maintenance costs substantially over time.
The railway’s customers have also welcomed the longer trains, because it allows their goods to be moved more efficiently.
Because of this, the country’s largest railways, CN and its smaller rival, Canadian Pacific Railway Ltd., have increasingly shifted toward using longer, heavier trains to transport goods.
Up until the 1990s, the average freight train in Canada was about 5,000 feet (1.54 kilometres) long and weighed 7,000 tons. But it is now not uncommon to see these trains stretch to 12,000 feet, sometimes as much as 14,000 feet (more than four kilometres), weighing up to 18,000 tons.
While CN is comfortable sticking with the size of its longest trains now, about 12,000 feet, CP continues to push the boundaries of how long it can build its trains by developing some of the industry’s most cutting-edge technology in recent years to help it do so.
The benefits are clear. CP estimates, for example, that the labour costs alone on a typical transcontinental train are now 30% lower than they would be if it was using smaller trains.
Not every train needs to be built so long, but the ones that can be have driven down the cost of moving things like coal, potash, grain and other merchandise substantially.
The increasing size of these freight trains has, however, come under sharp scrutiny by both the public and regulators after several high-profile derailments, including one in 2005 where a CN train dumped 40,000 litres of caustic soda into the Cheakamus River in British Columbia, causing serious environmental damage in a fragile spawning ground for salmon.
It’s not the length, it’s how they’re built
While much of the public attention has been focused simply on the length of these trains, the outcome of the investigations has linked the derailments more to how they are marshalled — an industry term for the order in which the locomotives and cars are placed throughout the train.
The CN train involved in the derailment outside Brighton, for example, was built as a conventional train would be, with three locomotives in the front hauling 137 rail cars behind. But it was stretched out 8,850 feet and weighed nearly 12,000 tons.
Building a longer train in this manner substantially increases the amount of in-train forces as the cars push, pull and jostle along the track, through curves, and accordion when stopped. It was this kind of in-train forces that eventually caused two cars in the Brighton train to pull apart after being compressed by a heavier load in the back, the TSB investigation found.
Until recently, CN had a history of building its longer, heavier trains in this conventional manner with locomotives located in the head end.
On the other hand, its smaller rival, CP, has championed the development of another system, known as distributed power, where the locomotives are interspersed throughout the full length of the train, cutting down on the in-train forces and making the near-boundless vehicle easier to control.
In these distributed power trains, the lead locomotive is remotely linked with the other locomotives, which synchronizes the acceleration and braking throughout the train.
Mr. Johnston, the Transport Safety Board director, says a 12,000-foot distributed-power train can have smaller in-train forces than a 7,000-foot conventional train.
“So, to say that in general, long, heavy trains are not safe, isn’t really true,” he says.
In Canada, distributed power also carries the added benefit of offsetting the negative impact cold weather has on a train’s air brakes, allowing the braking power to be more evenly distributed, and in turn, allowing the trains to travel at higher speeds more safely in winter weather. Both CN and CP said distributed power helped improve their efficiency this winter.
While distributed power has certainly provided a safer alternative to conventional train marshalling, it is by no means foolproof by itself.
High-reward, high-tech solutions
The disastrous Cheakamus Canyon derailment, for example, involved a distributed power train. The subsequent investigation found that it was marshalled incorrectly, in part because CN’s crews were not adequately trained in managing the distributed power trains it picked up through the acquisition of BC Rail in 2003, the TSB said in its report.
“The use of distributed power in isolation isn’t necessarily going to give you the desired effect of managing these in-train forces,” Mr. Johnston says. “It has to be done in conjunction with these other marshalling restrictions that have been identified in the industry as best practice.”
Of the 10 derailments investigated by the TSB since 2000 involving longer, heavier trains and excessive in-train forces, eight were conventionally built with the locomotives in the front of the train. Nine were CN trains.
But CN’s safety record has steadily improved in recent years, in part because it too has moved more aggressively toward adopting distributed power technology.
“It just seems that the long, heavy train issue is with conventional head-end power,” Mr. Johnston said. “That’s where the problem is, and that’s what CN has begun to address.”
CN was not violating any regulations by pulling its long trains from the front. But the lack of regulations is another issue the TSB indentified as a shortcoming in these derailments.
“The regulator doesn’t have anything in place to deal with train marshalling,” he said. “For the longest time, it has been left up to the companies how they effectively manage trains.”
The federal government hopes to address these weaknesses after its two-year study into these longer trains, said Maryse Durette, a Transport Canada spokeswoman, in an email.
Since the Brighton incident, CN has not only voluntarily agreed to limit the length of its conventionally formatted trains to 8,500 feet, but has also promised to increase the use of distributed power on its larger, heavier trains.
“There’s been a significant amount of work that has been done by CN, which has taken some time for them to acknowledge,” Mr. Johnston said.
The number of accidents at CN fell to a record low of 37 in 2010 from 41 in 2009. That followed a sharp 35% drop in accidents the year before.
Paul Miller, CN safety and sustainability officer, said roughly 45% of its 1,100 locomotives are now equipped with distributed power capabilities. But he said not all its trains require distributed power, in particular the smaller, lighter ones that make multiple stops, and the longer, lighter trains that move empty cars from yards in Chicago to the West, for example.
That said, Mr. Miller said the railway has recognized the benefits that distributed power brings, both in efficiency and safety.
“We’ve just been into the distributed power since about 2004, so we’re relative newcomers in the industry to it,” he said. “But since getting into it, and seeing the advantages, it’s something we’ve moved toward very quickly in the past number of years.”
Two derailments at both CP and CN involving in-train forces are currently being investigated by the TSB, but CP said its investigations involve smaller trains. CN would not comment.
Mr. Miller acknowledged that the methods CN has adopted for marshalling its distributed power trains are similar to CP’s, but “not nearly as advanced.”
Mr. Miller said at this point he doesn’t see CN pushing its distributed power trains out much further than 12,000 feet, in part because the railway’s infrastructure is not built to accommodate trains larger than that.
“You never say never. Who knows what sort of technologies will come along?” he said. “We’re quite comfortable that we’re getting lots of productivity out of that, and our numbers sort of show that.”
CP goes the distance
There’s little doubt, however, that CP has become an industry leader in distributed power technology, and is currently pushing the boundaries on how long trains can safely reach.
CP has used distributed power, in its most basic forms, dating back to the 1960s on its coal trains out West. But its has made great strides in recent years lengthening its trains and building technology that ensures they are safely marshalled.
“In the last couple of years, we’ve undertaken some changes in the technology that has enabled us to go beyond those simple, or earlier distributed power models,” said Mike Franczak, CP senior vice-president of operations, in an interview.
At the forefront of these technological advancements is its so-called Train Area Marshalling [TrAM] software that allows it to model its trains before they are even built. TrAM lets CP simulate the sort of in-train forces its trains would experience across its entire network, taking into consideration things like the actual curves and gradation the trains will encounter. This allows the railway to plot the best marshalling for its trains, for each of its varied routes, before the steel wheels hit the rails, Mr. Franczak said.
CP has an industry-leading safety rating in North America for 11 of the past 13 years and Mr. Franczak says TrAM preparations are the big reason.
And CP hasn’t stopped pushing the boundaries. Currently, its largest trains reach 14,000 feet, but he said they could safely reach much greater lengths in the coming years.
“We’ve got lots of upside here,” he said. For example, he said CP aims to increase its potash trains to 170 cars in the near future from 124 currently, and its grain trains to 168 from 114.
At the same time, Mr. Franczak said the railway has been working closely with regulators to try to educate them about the science behind these larger trains, and will work closely with Transport Canada over the next two years on its study of longer, heavier trains.
“I would tell you definitively they are safe,” Mr. Franczak said. “I make no bones about it.”
scdeveau@nationalpost.com
Maryse Durette
Transport Canada
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1914 Crossley 20/25 Royal Flying Corps Staff Car SOLD
Extremely rare, powerful and imposing Edwardian tourer.
Crossley Brothers Ltd of Gorton, Manchester started making cars in 1904, their first model being a 22hp. This was followed by 28hp and 48hp models. The 20hp car was introduced in 1909 and it became the 20/25 in 1912. In 1914 the 20/25 model was selected by the War Ministry's Colonel Seeley to be the standard vehicle for the recently formed Royal Flying Corps.
The number of 20hp and 20/25 models made before the war is not exactly known but is estimated to be about 2100. Before 1919 chassis numbers were not segregated by model type and run up to about chassis number 12000. This car is on chassis number 2401 which clearly puts it very near the start of the military production series. The chassis were bodied as staff cars, ambulances and tenders which were also capable of carrying a small aeroplane. Only the staff cars had electric lights, an electric starter, a dynamo and brass hub caps, the other variants had oil lamps, iron hub caps and had to be hand started with the crank handle! These small variations perhaps reflected the different status accorded to Officers! As they weren't always going to be operating on nicely surfaced roads the vehicles were fitted with twin rear wheels to give a better grip on muddy surfaces.
After the war the vehicles were sold on with many going back to the works for rebodying as commercial vehicles or charabancs and I believe this to be one of only two surviving original staff cars. This example resurfaced in Reigate in the 1940s when it was owned by a restaurateur called Albert Eades. It then went to the north of England where it was restored and owned by a succession of VCC members.
A deceased's executor sold it through Sothebys in the 1990's to Paul Noon and the present owner bought it in 2001. Since then he has rallied the car extensively in England and France doing the Dieppe Retro and the Paris-Deauville runs many times.
The car is powered by a very strong 4 cylinder 4.5 litre engine which is connected to a really good and easy to use 4 speed gearbox. It has positive steering and good springing which gives a very pleasant ride and good handling. It has its original spacious 4/5 seat tourer body which was clearly designed to be the sort of thing an Officer would be happy to be seen in. It even has lockable cabinets, one of which has a divider to support two bottles of whisky!
This is an extremely rare, high quality and very grand Edwardian touring car which is in very good confition throughout. It gives the distinct impression that it will just keep motoring on for ever!
Reference Number 40845
Car 1914 Crossley 20/25 Royal Flying Corps Staff Car
Configuration Right Hand Drive (RHD)
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1930 Bayleys Escape Ladder
1930 Bayleys Escape Ladder "Escapes" like this were common to Great Britain and the British Commonwealth until about 1970. This one was mounted on a trruck. At the fire the escape was detached from the truck, rolled into position, and extended up to 55 feet. Escapes first appeared in London in the 1820's. A private charitable organization purchased the ladders and hired an oprator to set it up on a London street and sit in an adjacent shed until a fire was discoverdd. At this point he would get the escape into action, securing the help of nearby pedestrians. At sunrise he would move the escape to a factory or church yard for storage until evening. When English paid fire brigades came into existence in the 1860's they incorporated the escapes into their departments, pulling them with horses. When motorized trucks came on the scene English firemen mounted the escapes on them.
This escape was used by the London Fire Brigade until about 1950. Four men could handle an escape with ease. A comparably sized American "Bangor" extension ladder required a crew of six and was much more difficult to manuever.
On display at the Hall of Flame Museum.
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No way for a man to live: suicide and the bureaucratic state
Men need a mission.
To hear people talk about it, there is an epidemic of suicide running through the military. In the January 9, 2016 Science News, Bruce Bower quotes an 18.7 per 100,000 suicide rate in the military, compared to only 12.6 per 100,000 in the general U.S. population. That sounds like a big difference until you remember that the article states two pages back that “Men represent 78% of all suicides” in the U.S.
Men make up 85.5% of the military and 48.8% of the U.S. population. This means that if we were to see the same number of suicides in the military as we see in the U.S. population, we would expect to see 18.0 suicides per 100,000 rather than 12.6.
A rate of 18.7 observed vs. 18.0 expected is a much smaller difference—probably statistically identical1. The real issue isn’t that soldiers are committing suicide—it’s that men are committing suicide. The numbers are growing for everyone since 2010, but men still far outstrip women when it comes to suicide.
Simone de Beauvoir, in The Second Sex, writes about how men have to be out doing things. For them, time is a precious resource that must be spent wisely in purposefulness. Whereas things need to happen to women. Time for women is a burden that must be endured by finding things to fill it.
This is probably why de Beauvoir is disliked by modern feminists, but there’s an element of truth to it. Part of it is—or was in her time—training. But some is biological as well. A pregnancy can’t be action-itemed to finish earlier than it’s going to happen.
Here’s the math, in case I made a mistake.
General U.S. population
12.6 suicides per 100,000 people in the United States.
78% of those suicides are men: 9.83 are men, 2.77 are women.
Of those 100,000 people, 48,800 are men, and 51,200 are women.
Men commit suicide at a rate of 20.1 per 100,000 men.
Women commit suicide at a rate of 5.41 per 100,000 women.
Military population
For every 100,000 people in the military, 85,500 are men and 14,500 are women.
Out of 85,500 men the null hypothesis2 predicts 17.2 suicides.
Out of 14,500 women the null hypothesis predicts .784 suicides.
So, the null hypothesis predicts 18.0 suicides per 100,000 people in the military.
Today, however, we are, and especially, comparatively, men, caught in a vast machine. Purpose disappears. You can’t, as men did in the past, go in with nothing to start a business that will change the world. You need to go in and hire a lawyer first, and then some human resources health regulation experts, and jump through mostly meaningless government regulations. Despite all that, you will inadvertently break federal laws and probably local ones. Much of your enterprise will be spent, not in building the great new things you might have envisioned, but in skulking around bureaucrats trying not to attract their attention, because it’s impossible that you’re not running afoul of some obscure regulation.
That’s no way for a man to live.
In the article, researchers are surprised to find that suicides decrease when soldiers are deployed in combat, but increase when they are deployed in non-combat positions. Part of their surprise is that they seem to think that mere nearness to firearms cause suicide3 but this also tends to disprove the other idea for why men commit more suicides, that they’re afraid to ask for help when they’re under stress. Not only do men have more access to means to die when they’re in combat, they’re also under more stress. If stress triggers suicide and access to weapons enables suicide, combat should be filled with suicides. But according to the research Science News reported on, the opposite is true.
It doesn’t make sense if the issue is stress and weapons. But it does makes sense if the issue is purpose vs. bureaucracy.
Why would suicide rates increase for soldiers after they leave combat? Because they have experienced raw purpose and know what it feels like compared to a domestic bureaucracy where every process and person conspire to keep them from achieving a purpose.
If true, it means that the bureaucratic state kills, especially men. This immediately made me think of the Soviet Union. I expect it’s hard to find good data on suicide in the Soviet Union, because a suicide rate is going to be one of those things a socialist country engaged in a culture war will not want made public. However, I was able to find a book by some Estonian psychiatrists, Baltic suicide paradox•, that attempts to address the issue.
This is not a comprehensive search: I found it, I tried a little harder to find something else so as not to commit the fallacy of stopping once I found what I wanted, but most of the suicide rate studies in the former Soviet Union that I found were about alcoholism rather than about comparing the Soviet era to the post-Soviet era4 But:
Suicide was a prohibited topic in the Former USSR. During perestroika (1985–90) data on suicide morality were released. Total suicide rate was 29.6 in 1984, in the last year of stagnation, and varied widely between different 15 [sic] constituent republics due to national and cultural differences with the highest rates in the Slavic and Baltic regions, and the lowest in the Caucasus and Central Asia. Between 1984 and 1986–88 during the political reforms of perestroika suicide rates decreased in all republics (34.5% for whole USSR). Decrease was much stronger for men (from 69.1 to 41.6 per 100,000).
The authors note that during economic difficulties of 1988–1990, suicide increased again, “but did not reached [sic] the values of 1984”.
It may be worth looking into whether, on average, freedom to compete correlates negatively with male suicide rates.
In response to The Bureaucracy Event Horizon: Government bureaucracy is the ultimate broken window.
Science News doesn’t provide the margins of error for their figures. And just as an aside, the way they use these unrelated numbers pull-quotes make them sound like the old USA Today. Even in the one year I’ve been subscribing, their quality seems to be dropping. Now get off my lawn.
The “null hypothesis” is a basic concept in statistics—unfortunately often forgotten today—that there is no statistical difference between two groups on the behavior or phenomena being measured.
They don’t question that assumption even in the face of contradictory evidence. “The association between deployment and suicide is not as simple as we expected.”
Yes, when you are invested in the sun orbiting the earth, your geometries are not going to be simple.
And the post-Soviet era, for Russia at least, hasn’t been marked by low levels of bureaucracy.
As suicide rates rise, researchers separate thoughts from actions: Bruce Bower at Science News
“Suicide rates in the United States have been rising, especially among veterans and members of the armed forces. Traditional assumptions about why people kill themselves have not led to effective strategies for suicide prevention, Bryan says. So in recent years psychologists and others have been reconsidering basic beliefs about why people carry out the ultimate act of self-destruction.”
Baltic suicide paradox•: Airi Värnik, Merike Sisask, and Peeter Värnik
“The falls and rises of suicide curves coincide with the rapid socio-political and economic changes calling for high adaptation capacity in all post-soviet countries. It is found that suicide in Eastern European countries varied widely and the same causes cannot apply to all of them, however, the relation between suicide mortality and social processes is obvious.”
By the numbers: Women in the U.S. military at CNN
“More than 200,000 women are in the active-duty military, including 69 generals and admirals. A quick look at women in the military, according to Pentagon figures.”
Death Rates for Suicide, 1950-2010
For men, the numbers had been dropping since 2001, except for a relatively large drop in 2000. But the drop stopped in 2010 for a number that brought us back to the nineties.
His stress is not like her stress: Susan Gaidos at Science News
“Scientists puzzle over why men and women react differently to pressure.”
The Second Sex
According to Simone de Beauvoir, woman is the “other” not only to men but also often to herself, an alien thing that is not quite human and is never sure what it is or what its place is.
More bureaucratic hassles
Business prospect incentives discourage innovation
Complicating the law and raising taxes, then lowering them for businesses that know how to lobby local or state governments, is not a recipe for encouraging innovation. It is a recipe for killing it.
<- A big House
Killing jobs swiftly ->
It does appear on the face of it to be counter-productive to purge the military of violent people. — D. N. Dickey
No way for a man to live: suicide and the bureaucratic state last modified July 11th, 2016.
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A Day in the Life of a Honey Badger: 30 Days of Random
okay...so the rulez are...a couple paragraphs about topics picked by "the people". I'm not allowed to look them up. I just have to speak from a place within. Or something. My heart. Or whatever.
But I was asked to illustrate this one, so I just couldn't. I HAD to look up a picture of a honey badger so that it would LOOK like a honey badger in the illustrations. Sorry.
This is pretty much dead nuts on anatomically accurate picture of a honey badger.
the beach is THAT way.
Okay, so the one thing I know...like KNOW about honey badgers, is that "Honey badger don't care". And I guess that's supposed to be the equivalent of saying...honey badger is badass. Which is cool. But I feel like maybe it could also mean...honey badgers are apathetic about environmental issues or autism or marriage rights...and then I think...fuck you, honey badger, take an interest in the world around you. You are so powerful and proud...think of the influence you could bring to bear!!
I watched a youtube video a while back where a honey badger took on a cobra and was voiced over by someone with an effeminate male voice, with that soft sibilant "s" pronunciation to his words. And it was funny and yeah, that honey badger was pretty kick ass because he was not afraid of that cobra AT ALL. And he beat its ass. But possibly the video was actually a mongoose and a snake, and the honey badger was doing something else because my memory is shit lately. The end result is...honey badgers are like the most bad ass of all animals because they're super tenacious and fearless and stuff.
But anyway, I started thinking, maybe honey badgers weren't just naturally badass...
Honey badger wasn't always so apathetic. I think the "don't care" thing was probably species-ism. Like at animal school when one of the animals would make fun of the honey badger and then try to get out of it,
the teacher, Mrs. Rhino would be all, "you apologize this INstant"
and the other animal would be all..."but Mrs. Rhino! Honey badger don't care!" And THAT is where the whole "Honey badger don't care" misunderstanding started.
But honey badger DID care and he'd be all bummed out and it would get under his fur and he'd cry and stew about it and not want to go to animal school the next day.
But his mom would be like, "You have to learn to handle your problems on your own. You can't just stay home from school every time you have a problem there." And then he probably went to his dad and his dad was reading the paper and all, "Listen to your mother!"
And so the honey badger's "don't care/badass" reputation was this sort of self-fulfilling prophecy, where he went to school, got picked on, learned to take care of himself, cause nobody else would...and turned into a total badass animal. So when you hear people talk about a parent who is a honey badger when his/her kid is messed with...remember it didn't START that way. Honey badger was forced into it. Like Rambo in "First Blood", when that sheriff tried to roust the drifter and all Rambo wanted to do was get a bowl of soup or something. YOU BROUGHT THIS ON YOURSELF SHERIFF!!!
Or maybe it was like Richard Gere in "An Officer and a Gentleman" when Louis Gossett Jr. tries to kick him out of flight school and he's crying in the rain, "I GOT NOWHERE ELSE TO GO!!!" Bang! Academy Award* (I don't think he won an Academy Award for that, just sayin').
Anyway, so honey badger wins the "Most Badass" animal award.
There will always be challengers. There will always be someone who wants to prove that he is more badass than the honey badger, and there will be those that just don't agree with honey badger's title as "Most badass", like the mongoose...
But...honey badger don't care.
In conclusion, put on some damn clothes, honey badger, it's embarrassing.
Labels: 30 Days of Random, honey badger
Bec Oakley October 1, 2014 at 6:48 AM
*hearty applause* Duuuuude. You set the standard ridiculously high for the rest of the month. Also, the size of honey badger's censored strip is impressive.
Thank you! I think you'll notice a SHARP decline in quality moving forward. But I hoped to draw the crowd in with the initial offering.
Beth Arky October 1, 2014 at 7:46 AM
A friend's mantra. Now, thanks to you, it's mine, too.
I don't want to say this is brilliant, because I know you and the whole ego thing. So I'll just say this was pretty funny. ;)
pfft...my ego thing is just like the honey badger's "don't care" thing. RESPECT MY JOURNEY!! *sniff*
Holly Waterfall October 1, 2014 at 3:50 PM
You are just awesome! There is nothing else to say.
Well thank you!
Wait... honey badgers are real?
The Grand Finale
Marriage and Special Needs Kids
Smart, Pretty Daughters
Balancing Act II
The Autism Learning Curve
Candy Corn vs. Candy Pumpkins
Special needs kids and confidence
Fire: Is it a "good" thing or "bad" thing?
Shakespeare vs. Bruce Springsteen
Things in My Junk Drawer
Ch-Ch-Ch-Chia!
Siblings of Special Needs Kids
Lemmings and Bananagrams
Where My Time is Spent: 30 Days of Random
Top Five Favorite Bands/Soloist
You Can't Pick Your Friend's Nose
The Five Things: 30 Days of Random
Is it better to freeze to death or burn to death? ...
The Reason I Jump, Book Review: 30 Days of Random...
Yoga Pants: 30 Days of Random
Oreos: 30 Days of Random
Dealing with Depression While Raising Special Need...
Apples: 30 Days of Random
A Day in the Life of a Honey Badger: 30 Days of R...
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Incredible Years: News
Incredible Years: New autism programmes
Editors. (2018, March 12). Incredible Years: New autism programmes. The Education Gazette, 97(4). Abstract A greater focus on imaginative play can help young children with autism, says Dr Carolyn Webster-Stratton, clinical psychologist and founder of Incredible Years. Read the article (PDF).
Ireland Goes Boldly on to the Mountain
A decade ago parenting programs were not in fashion. It was commonplace to talk about the effects of family breakdown or the problems of single mothers, but relatively few people were paying much serious attention to what parents did or to how parenting behaviors could be changed with children’s health and development in mind. Not so today: many jurisdictions are awash with programs, most of them of doubtful value.
The Incredible Years is a case apart. It was developed by Carolyn Webster-Stratton twenty years before most of today?s plethora of programs were dreamed up, and it is now among the most successful and widely applied in the world.
The Incredible Years is often represented as a construction of eight building blocks. At the base are five modules designed for children at successive stages of development ? infancy, preschool, early years and the first years of formal education. At the next level are two more that involve children directly and seek to improve their social, emotional and cognitive competencies. The eighth block is focused on teachers, providing skills to manage difficult behavior and a curriculum that encourages emotional self-regulation.
The catalyst for this week?s series of articles on The Incredible Years is a conference today in Dublin when the Minister for Children, Barry Andrews TD, launches the implementation and rigorous evaluation of Carolyn Webster-Stratton’s program in the Republic of Ireland as part of a broader commitment to prevention and early intervention. The initiative is being led by Margaret Maher, Director of a new NGO called Archways that has been set up to shelter The Incredible Years in Ireland.
Keynote speaker Judy Hutchings almost single-handedly showed the UK Government how its flagship prevention program Sure Start ? floundering elsewhere ? could be made successful. She put The Incredible Years, already a proven model, at the heart of Sure Start in Wales. She then led an experimental evaluation that demonstrated impact on children’s health and development.
After covering her contribution tomorrow, on Wednesday we profile the program?s originator Carolyn Webster-Stratton. On Thursday we turn to an experiment led by Stephen Scott, Director of Research at the new National Academy for Parenting Practitioners in London. Before spearheading this new initiative Scott led an experimental evaluation of The Incredible Years in four London mental health services. He found it had clear benefits and that it cost no more than conventional and unproven interventions to run.
The week is rounded off by a conversation between Carolyn Webster-Stratton and Judy Hutchings about the future of The Incredible Years in particular and parenting programs in general. Huge steps forward have been made in the last few years but they have depended on the guile, determination and rigor of pioneers in the handful of countries that take prevention seriously.
The challenge moving forward is twofold. For all the success of The Incredible Years and the only other proven parenting model, Triple-P, most policy makers and practitioners have yet to get to base camp when thinking about improving parenting.
At the the bottom of the mountain is a stony cutter of parenting interventions, all of them unproven. Some are stray fragments The Incredible Years and Triple-P thrown together. In the worst cases they owe nothing at all to the years of work of Webster-Stratton or pioneers in the field such as Albert Bandura and Jerry Patterson.
Base camp is the place for the rigorous implementation and evaluation of proven models like The Incredible Years and Triple-P. It should be possible to share ideas here and openly disseminate the results.
Further up the mountain there is much uncharted territory. How do we make parenting programs as routinely valuable and unobtrusive as ante natal services? How do we help parents encourage desirable behavior while responding sensitively to their children?s needs? Such is the focus of all the stories in Prevention Action this week.
Kindergartners Gladly Accept Puppet’s Guidance
Wally is a celebrity among kindergartners at Ben Franklin Elementary School. When he shows his tan-fabric face and brown, curly, yarn hair, kids call out to him and come running to give him a hug or a high five.
Yes, Wally is a puppet, but a beloved puppet, who, with the help of Patti Miller from Olmsted County Child and Family Services, helps teach kids social/emotional behavior skills.
Using Wally, other puppets, music and pictures, Miller and DeeDee Weidman, of Zumbro Valley Mental Health Center, are teaching Franklin kindergartners the Incredible Years curriculum. Through the curriculum, the kids learn how to deal with their emotions and find solutions to problems, said Susanne Griffin-Ziebart, the school’s principal.
In Stephanie Sirek’s class on Friday, 19 5- and-6-year-olds sat cross-legged in a circle on a rug, with their eyes on Miller and Wally. Miller had just asked the students to “show me five,” which, basically, means quiet down and pay attention. /p>
Miller sat on the rug with the kids, holding the puppet and making his mouth and left arm move. She’s not a ventriloquist, but no matter — the kids intently watched Wally, not her.
“They think he’s real, but they think he’s a real puppet,” Miller said with a smile.
Wally talked to the kids about what to do when they have a conflict with another child. Some of the many solutions included: Use your words, share, and ask a parent or teacher to help.
Griffin-Ziebart hopes to expand the program through grade three if funding can be found.
“It really gives kids very consistent messages about how they can use their social/emotional behavior skills in the best way possible,” she said.
Why is it important? For one, 57 percent of Franklin’s kindergartners assessed last fall were considered academically at-risk, Griffin-Ziebart said, and Incredible Years helps them get ready to learn.
Sirek said she and the other Franklin teachers love Incredible Years.
“It’s totally changed the way we teach kindergarten,” Sirek said. “We’ve always been on the same page when it comes to curriculum, and now we’re on the same page for social skills. We have the same language.”
Sirek is spending a lot less time dealing with misbehavior and a lot more time focusing on positive reinforcement — that’s “catching them being good,” she said.
Incredible Years came to Franklin by way of a $38,000 grant from the Rochester Area Foundation’s First Steps program. The county and school district also have pitched in for staffing and training.
More than 20 Franklin staff members are now trained in Incredible Years, and 15 students’ families are participating in a 12-week class so they can reinforce the skills at home, Griffin-Ziebart said.
She understands the kids who bring their parents to their knees – Early intervention is key in stopping aggressive behavior
Carolyn Webster-Stratton adores and understands kids who throw things, bite, kick, refuse to obey every request or command and who rarely get invited to birthday parties. Kids who are asked to leave preschools and, if they are invited to a play date, are never asked again.
And through every encounter Webster-Stratton appears as a woman wrapped in calm, a calm that puts visitors at ease the minute she enters a room.
Carolyn Webster-Stratton, whose work focuses on helping children ages 3 to 8, uses the puppets shown in her University District office to interact during therapy sessions. Her office is a dinosaur haven and her windowsills overflow with stuffed animals and a multiracial classroom of puppets, some of them in sizes and shapes similar to her clients. Children talk to the puppets, and this clinical psychologist listens.
Webster-Stratton is an ally of children who bring parents to their knees — children with conduct problems, a generic term for children who are highly oppositional, defiant, aggressive. These disruptive disorders affect about 8 percent of the population.
“That’s a lot of kids, and services for these children are few and far between,” she said. “Aggressive behavior is an important risk factor related to later violence.”
That’s why she’s focused on children ages 3 to 8, a key time to break the trajectory. Without early intervention, these children are at risk of getting kicked out of schools, living with anti-social behaviors, abusing drugs and alcohol and eventually facing criminal charges as they age.
She’s shown that these children can be helped, and dreams of the day when parents and educators are as attuned to developing emotional skills as academic skills.
“All kids yell, hit, bite, scream,” Webster-Stratton said of her subjects. “These kids do it at a greater frequency and intensity.” Most children are aggressive at 2 and 3, but that aggression decelerates at 4 or 5.
“A typical 5-year-old will disobey about one-third of the time, but do what is asked two-thirds of the time,” she said. “Children with defiance or conduct disorders refuse most of the time. Unless they obey, they can’t be socialized or taught.
“Highly aggressive children tend to stay that way throughout life unless they are helped. Both parents and teachers need to be involved in promoting social skills and replacing aggressive behavior.”
That means learning how to share, follow directions and use words to ask for what they want, for example.
Webster-Stratton said society, unfairly, tends to blame parents for kids with misbehavior issues: “The biology a child gets isn’t something they can do anything about.”
She cites three factors affecting a child with conduct problems: biology, family and school.
Biologically, a child’s “wiring” could be off, making him difficult to deal with. He might have additional issues such as an attention deficit disorder.
Family factors include neglect, high stress, poverty, harsh punishments and abuse.
Schools can add a high student-to-teacher ratio, not enough help, a teacher who isn’t tuned in to these disorders.
A combination of these risk factors can be overwhelming for an affected child.
Webster-Stratton has spent more than 30 years working to break that cycle. She’s worked with children, their families and teachers. She’s researched, developed and published curricula, books and videotapes — programs that are now used in countries throughout the world.
And she’s been at it long enough to track the results, which are impressive. On a three-year follow-up, more than two-thirds of the children were in the normal range on standardized measures completed by teachers and parents.
In the late 1970s this UW psychologist and professor began a parenting program with middle-class families, teaching them how to bring out the best in their kids and to deal with common behavior problems. But when she tried to publish it, editors said, “Who cares about the middle class?”
“It led me to take the program to lower-income families, often single-parent families with a child,” Webster-Stratton said. “That’s what hooked me on this population.”
She taught classes at Children’s Hospital and Regional Medical Center to highly motivated parents who made huge efforts (as in several bus transfers) to learn ways to deal with their children.
Those classes led to programs for children, parents and teachers — prevention programs usually focused on schools with high rates of children in free-lunch programs. Teachers have been trained to deal with behavior and to offer a social and emotional curriculum. Parents are often offered classes in the schools their children attend, parenting classes open to all.
Webster-Stratton’s years in the field and follow-up studies have proved that an increase in social competence decreases aggressive behavior.
John Bancroft, director of Head Start for Puget Sound, has known Webster-Stratton and her work for a long time. She worked with him in a Head Start program for three years in the early 1990s.
“I liked her involvement of parents,” Bancroft said. “She was willing and eager to train parents to train other parents. There’s no professional aloofness. I would say it was one of the most successful parent education programs we’ve done in Head Start.”
Another mark of her success was having 70 percent to 80 percent of parents participate. “That was unheard of,” Bancroft said.
It was information to help all parents, not just parents of challenging children.
Webster-Stratton’s dream is for social and emotional curriculums to be regarded as being as important as reading or math. “You can’t separate them,” she said. “Better social/emotional skills (lead to) better academic outcomes.”
She also noted that we can take courses in almost any subject, but courses in parenting are rare. “We should ‘immunize’ parents to be the best parents they can be,” Webster-Stratton said.
She speaks from professional and personal experiences. A native of Canada, she has a nursing degree from University of Toronto, two master’s degrees from Yale — one in public health and another as pediatric nurse practitioner, and a doctorate in educational psychology from the UW.
After working with children for years, she had two sons, now 20 and 22. Did motherhood cause her to rethink any of her programs?
The question made her laugh. She said that’s when she developed her Advanced Parenting Program focusing on anger and depression management, problem solving, communication skills and giving and getting support.
Social skills are as important as numbers and the alphabet for preschoolers.
If parents feel they’ve lost control with their child, they should seek help.
Teachers are good at spotting problems because they have more perspective.
Parents can get away with some “slop” in their parenting skills with typical kids, but not with those with conduct problems.
Children with conduct disorders can be so inattentive they miss both praise and commands.
Attention is a powerful reward. It works when teachers ignore kids who are out of their seats and praise those who stay seated, for example.
Don’t reinforce misbehavior.
Develop a meaningful relationship with your child and partner with your child’s teacher.
— Source: Carolyn Webster-Stratton
To learn more about Webster-Stratton, her programs and books, go to incredibleyears.com
Children’s Hospital and Regional Medical Center in Seattle offers parenting classes and other programs. Call the hot line: 206-987-2500.
The University of Washington Parenting Clinic is accepting families of children 4 to 6 years of age with attention deficit hyperactivity disorders. For information, call 206-543-6010
Show, Not Tell
After spending two years practicing among the Haida and Tlingit Indians of Alaska, Carolyn Webster-Stratton came to the conclusion that showing parents how to play with their children was more effective than telling them how to do it. When sl1e arrived at the University of Washington in 1976 to teach in the nurse practitioner program, she began the process of videotaping families to show them what worked with their children and what didn’t. Today, Webster-Stratton is a professor of nursing at the University of Washington where, in 1980, she con1pleted her doctoral dissertation in educational psychology on the effectiveness of videotape modeling parental education as a therapeutic tool.
The Incredible Years® Group-Based Parenting Program for Young Children with Autism Spectrum Disorder
Webster-Stratton, C., Dababnah, S., & Olson, E. (2018) The Incredible Years® Group-Based Parenting Program for Young Children with Autism Spectrum Disorder. In M. Siller and L. Morgan (Ed.), Handbook of Parent Coaching Interventions for Very Young Children with Autism (pp. 261-283). Switzerland: Springer. Abstract A new Incredible Years® (IY) Parent Program for preschool.
Using the Incredible Years Parent Program to Help Parents Promote Children’s Healthy Life Style and Well-Being
Webster-Stratton, C. (2018). Using the Incredible Years Parent Program to Help Parents Promote Children’s Healthy Life Style and Well-Being (Unpublished paper). Incredible Years, Inc., Seattle, WA. [spacer] Abstract It is well established that parents have a critical influence on the development of positive health habits and childhood development (Golan, 2006). Parents influence the food.
Agencies and Administrators
Therapists and Group Leaders
Implementation and Dissemination
Independent Replication
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Vijay Diwas: Nation Celebrates Victory of India Over Pakistan In 1971 War
Tuesday, December 17, 2019 by Indian Defence News
A lasting cause of humiliation for Pakistan - General Ameer Abdullah Khan Niazi signing the instrument of surrender on 16 December 1971
The nation on Monday (December 16) celebrates Vijay Diwas to commemorate India’s victory over Pakistan in 1971. It was on this day in 1971 that the chief of the Pakistani forces, General AA Khan Niazi, along with 93,000 troops, surrendered unconditionally before the Indian forces. This historic incident paved the way for the creation of Bangladesh.
New Delhi: The nation on Monday (December 16) celebrates Vijay Diwas to commemorate India’s victory over Pakistan in 1971. It was on this day in 1971 that the chief of the Pakistani forces, General AA Khan Niazi, along with 93,000 troops, surrendered unconditionally before the Indian forces. This historic incident paved the way for the creation of Bangladesh.
Rich tributes are paid to the martyrs who laid down their lives during the India -Pakistan war of 1971.
The Indo-Pak war took place as the Indian government had decided to go against Pakistan to save Bengali Muslims and Hindus on December 3, 1971. The war fought between India and Pakistan lasted for merely 13 days, and the Pak army surrendered before Indian forces. It was the Indian Army’s one of the biggest victories ever made against Pakistan.
This battle is also considered to be one of the most violent wars of the 20th century, as it witnessed large-scale atrocities. The year also saw the exodus of as many as 10 million refugees and the killing of 3 million people by the Pakistani forces.
Lieutenant General Amir Abdullah Khan Niazi, who was heading the Pakistan Armed Forces, signed the Instrument of Surrender on December 16, 1971. The surrender document was a written accord that enabled the surrender of the Pakistan Eastern Command in the Bangladesh Liberation War, marking the end of Indo-Pak war of 1971.
Cherishing the valour of Indian soldiers, Prime Minister Narendra Modi said that the history created by Indian Armed Forces will remain inscribed in golden letters. He tweeted, "I bow in reverence to the bravery, courage and valour of Indian soldiers. The history that was made by our Armed Forces in 1971 war will remain inscribed in golden letters."
Indian Army Chief Bipin Rawat, Air Force Chief RKS Bhadauria and Chief of the Naval Staff Admiral Karambir Singh paid tribute on the occasion of Vijay Diwas at the National War Memorial here on Monday.
Union Minister of State for the Ministry of Defence, Shripad Naik also paid his respects. "On the occasion of Vijay Diwas, honoured to pay my tribute to the valiant soldiers, sailors, and airmen of the armed forces who made supreme sacrifice in the line of duty towards the motherland. I salute all the Martyrs. Jai Hind," Naik tweeted.
In Kolkata also, a wreath-laying ceremony took place at ‘Vijay Smarak’ at Fort William the Head Quarters of Eastern Command to mark the day. Notably, the Eastern Command was at the forefront of the war.
Labels: Air Force, Army, Bangladesh, India, Navy, Pakistan, War
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About LEF
Human Environmental Association of Development
Association for the Protection of Jabal Moussa
Society for the Protection of Nature in Lebanon
The Committee of Cedar Forest Friends
Rafaat Saba
Marie Therese Merhej Seif
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You Are Here: Home » News » Surprise Species at Risk from Climate Change
Surprise Species at Risk from Climate Change
Posted date: June 24, 2013 In: News | comment : 0
Most species at greatest risk from climate change are not currently conservation priorities, according to an International Union for Conservation of Nature (IUCN) study that has introduced a pioneering method to assess the vulnerability of species to climate change.
The paper, published in the journal PLOS ONE, is one of the biggest studies of its kind, assessing all of the world’s birds, amphibians and corals. It draws on the work of more than 100 scientists over a period of five years, including Wits PhD student and leader of the study, Wendy Foden.
Up to 83% of birds, 66% of amphibians and 70% of corals that were identified as highly vulnerable to the impacts of climate change are not currently considered threatened with extinction on The IUCN Red List of Threatened Species. They are therefore unlikely to be receiving focused conservation attention, according to the study.
“The findings revealed some alarming surprises,” says Foden, who conducted the study while formerly working for the IUCN Global Species’ Programme’s Climate Change Unit, which she founded six years ago. “We hadn’t expected that so many species and areas that were not previously considered to be of concern would emerge as highly vulnerable to climate change. Clearly, if we simply carry on with conservation as usual, without taking climate change into account, we’ll fail to help many of the species and areas that need it most.”
The study’s novel approach looks at the unique biological and ecological characteristics that make species more or less sensitive or adaptable to climate change. Conventional methods have focussed largely on measuring the amount of change to which species are likely to be exposed.
The new approach has already been applied to the species-rich Albertine Rift region of Central and East Africa, identifying those plants and animals that are important for human use and are most likely to decline due to climate change. These include 33 plants that are used as fuel, construction materials, food and medicine, 19 species of freshwater fish that are an important source of food and income and 24 mammals used primarily as a source of food.
“The study has shown that people in the region rely heavily on wild species for their livelihoods, and that this will undoubtedly be disrupted by climate change,” says Jamie Carr of IUCN Global Species Programme and lead author of the Albertine Rift study. “This is particularly important for the poorest and most marginalised communities who rely most directly on wild species to meet their basic needs.”
Source: http://www.sciencedaily.com
Bahr Bala Plastic Project visits the Lebanese coastal cities
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National Consultation Workshop for Ecosystem Profile update for the Mediterranean Basin
Lebanon Climate Act Launches the Business Knowledge Platform to tackle Climate Change
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Launching of the project towards a plastic free Mediterranean Sea
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LIBERTY & SECURITY
by Conor Gearty. Polity, 2013.160pp. Hardcover $64.95. ISBN: 978-0-7456-4718-0. Paper $19.95. ISBN: 978-0-7456-4719-7.
Reviewed by Angela Mae Kupenda, Professor, Mississippi College School of Law.
LIBERTY & SECURITY, authored by Human Rights Law Professor Conor Gearty, is a book that is relevant and fills a void through the question it explores. Gearty, while admitting that the terms liberty and security are susceptible to a host of meanings, does not seek in this book to define a more precise meaning for these terms. Rather, the book focuses on the “for how many” question (p.2). Gearty asks and answers whether liberty and security are “to be for all or just the few?” His first chapter phrases and rephrases the question to press the reader to consider whether societies that are walled up to provide security for some are indeed “blatant efforts by the ‘haves’ to shut out not only the sight of the ‘have-nots’ but also any opportunity the unlucky many might have to glimpse what a better future would look like” (p.3). While humans do not necessarily disagree about the value of liberty and the value of security, the difference lies in deciding who should benefit, and how many should benefit. While Gearty urges us to consider the societal impact of the way people answer these questions, Gearty adopts a position of universality. Liberty and security should belong to all rather than to just a few.
Further, Gearty identifies as allies to the goals of liberty and security for all: democratic government, the rule of law, and respect for human rights. The chapter, “Struggling towards the Universal,” illustrates the dysfunction present with the application of principles of democracy and the rule of law. The argument is that, rather than seeking liberty and security for all, those empowered seek to preserve themselves at all costs. As a result, just as for some democracy, liberty and human rights abound, for others so do poverty and inequality. Hence in practice liberty and security evaporate, as the practice of them both is a selective practice that is unchallenged, or is even embraced as an appropriate selective practice in our society. The same occurs with human rights as they are selectively applied. The book persuasively urges that this selective application and denial to the have not’s reveals “the creature of a grand bargain between capitalism and its ideological opponents” (p.27). So rather than serving as a check on each other, these systems perpetuate a status quo that offers the have not’s a few extra crumbs to keep them placated so they participate in the system and do not challenge it.
While societies then vocally urge for consistent, stable rules of law and reliable principles of human rights, in application these same societies deny them both to their have not’s. This denial in practice, then, makes the challenge to these abstract principles even more difficult. As I read and reviewed this book, I continuously made notes in the margins about the contemporary problems in America, [*507] even in the year 2013, that are illuminated by Gearty’s arguments. For example: the legal justifications of the killing of unarmed youth who are perceived to be a part of the unprivileged; the lesser value the law in its application places on the security, bodies and lives of those who are outsiders to affluence; and, the rule of law that allows and encourages the unabashed racial profiling of innocents to make the ruling class and the economically endowed feel more secure.
Gearty mostly applies his critique to the global stage. While applauding the United Nations for its past commitments of a broader understanding of liberty and security to be applied more widely, this book details the changes in UN policies that suggest a narrowing of the UN principles so that they will not apply to all. As examples, Gearty questions the failure of the UN to provide guidance of what “terrorism” means, and claims the UN has sought to make some feel more secure while threatening the liberty of others. The argument is that systems imposed by the UN and numerous countries currently are outside the rule of law as they provide only “pseudo due process” and pretend to care for all while not actually doing so through the use of blacklists, secret closed trials, and the curtailment of human rights justified by the broad use of the threat of terrorism.
Chapter 5, “A Very Partial Freedom,” is a detailed account of President George W. Bush’s reaction to 9/11 and how his decisions precisely communicated to most Americans that the curtailment of freedoms would not apply to them, while the more secure environment with these curtailments would inure to their benefit. This group of Americans, then, did not immediately fear the intrusions upon the rule of law, democracy and human rights, as they were sure their rights as privileged humans (based on whiteness, citizenship, class, religion) would prevail. This chapter tracks the President’s military response. While Bush was a controversial and much criticized president, his decline in popularity seemed to be based on the economy and not on his war policies, his curtailment of human rights, and his frequent rejection of the rule of law. This chapter discusses the detention camps and black holes, where the rule of law did not enter or prevail, torture principles that escaped being labeled as human rights violations, and the use of military commissions that avoided rule of law principles of due process ordinarily available in the United States. Gearty’s theme is that “the many” were Americans who needed not to fear, for the human rights violations would not put them at risk and the rule of law violations made them feel more secure. At the same time, this was a partial freedom, for those who stood outside the privileged gates were more at risk at suffering from deprivations of liberty and security.
This very well written book was a concise read. I also see it as potentially an excellent pedagogical supplement for both core courses and also seminar courses. This book could be assigned for a constitutional law seminar after a professor, for example, covers the presidential authority cases, especially those post 9/11.
In addition, for those who are studying comparatively other countries and systems, such as South Africa, this book could be studied to compare/contrast [*508] how the few controlled the many and used the rule of law to lock out the many nonwhites during apartheid. This book, thus, could be accompanied with a read of one of Nelson Mandela’s books, especially as to Gearty’s theory about how a government, the prevailing rule of law, and human rights violations operate together to deny security and liberty for some. Comparably, Mandela described, “the policy of the government which was ruthless and very brutal and you have to go to jail to discover what the real policy of a government is” (Mandela, p.253).
For those who are studying the Civil Rights Movement in the Deep South of America, Gearty’s book could also be a provocative accompaniment, for example, to the study of the written work of Rev. Dr. Martin Luther King, Jr. Especially relevant here is Gearty’s final chapter which proposes solutions for reaching universal notions of liberty and security. I was fascinated by Gearty’s argument that those who are in denial, or in “collective self deception” (p.112) about “the lack of liberty and security for all” may be on a first step toward universal principles. He argues that this collective self-deception or “hypocrisy is a route to critique which can in turn be managed into a passageway for change” (p.112). Or, in other words, those who find it necessary to deceive themselves about the availability of liberty and security, may be one step away from being able to critique selective systems that they are actually ashamed of (and which leads to their self deception). Analogously, Dr. King rejected tokenism for a few as an illicit tradeoff for widespread change and equality (King, pp.17-18). Thus the self-deception, explained by Gearty, is fruitful only if it leads to change. Self-deception as a place of permanence, though, perpetuates the societal norms of liberty and justice for the “have’s” and not for the “all.”
Finally, for those who incorporate film in their classes, Gearty’s book would be an excellent read before or after classroom viewings of the film IN TIME. This action film depicts a future society where “time” is the currency of exchange. The have’s inherit more time, while the have not’s struggle to just live to the next day. Moreover, as suggested by Gearty in discussing our societies even of today, the societies of In Time are separated by space so that the have’s do not even have to look upon the have not’s, nor can the have not’s get a visual glimpse of a better life.
Gearty’s book cover, even, depicts a future break in the walls as a hope. The cover shows a small child standing in the narrow gap of a fenced wall that, perhaps, protects some from the other, or rather provides appearances of liberty and security for some while denying the same to the other. It seems the child represents the hopes that one day walls will be dismantled that define who is entitled to liberty and security, and that liberty and security, through democratic governments, the rule of law, and predominant human rights will then prevail for us all.
IN TIME. Twentieth Century Fox. 2011.
King, Martin Luther, Jr. 1963. WHY WE CAN’T WAIT. New York: Penguin Putnam, Inc. [*509]
Mandela, Nelson. 2010. CONVERSATIONS WITH MYSELF. New York: Farrar, Straus and Giroux.
Copyright 2013 by the Author, Angela Mae Kupenda.
Edition: Rule of Law Post 9/11, Vol. 23 No. 10
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Manchester teen leads the way as German woman makes history as first female top flight ref
23 Sep 2017 - 06:39AM | By Nathan Jacobs
In the month where a female official has taken charge of a match in one of the top five European leagues for the first ever time, it is reasonable to wonder when we might see the same courtesy offered to the array of female referees available in England.
Bibiana Steinhaus, a chief inspector in the German police, made history earlier this month when she refereed a match between Hertha Berlin and Werder Bremen in the Bundesliga.
Meanwhile, the Premier League is 25 years old and is still yet to see a female referee officiate one of its matches.
That fact is bound to change with a large pool of talented female referees coming through the ranks across the country.
One of those tipped for a big future in the game is Yasmin Saeed, a 19-year-old currently enjoying life as a Level 5 referee for the Manchester FA.
“There are doors and avenues there for female officials in the Premier league and that’s my ultimate dream. It will take a lot of hard work, dedication, commitment, sacrifices, but, I’m ready for all that.”
Her determination to make the grade as a professional referee is evident throughout our twenty minute exchange as she enthusiastically discusses the art of refereeing, her current milestones and prospects for female officials in the future.
She said: “If you’re working with assistant referees there’s an ideal position, a ‘control path’ that you’re supposed to follow but I read play well so I’m not usually following that because I’m in a good position, checking my shoulders, seeing what’s ahead of me and what the next stage might be.”
Her ability to read the play successfully stems from her playing days as she was once a promising product for Everton Ladies until she suffered three bad injuries in three successive seasons but refereeing has offered her a chance to stay and work in the game she loves.
Incredibly, Yasmin’s fledgling refereeing career began at the frighteningly tender age of 16 when she reffed her first open age game.
INSPIRATIONAL: Yasmin with MM reporter Nathan Jacobs
Three years on and she has come a long way in the refereeing world.
At the end of the most recent season, she became the first female referee in England to have an all-female team to help officiate a men’s football match when they took charge of one of the North-West County cup finals held at the home of Trafford FC.
However, there is still a long way to go before the chance of officiating in the Premier League could become a reality and there is plenty of competition for that opportunity, too.
“There are females ahead of me in other counties and hopefully one of those girls will get there but if not, I’m willing to take up the challenge.
“One of us will make it, definitely,” she added with the kind of conviction that makes you automatically believe her.
One feature of the profession that might dissuade those training to be referees is the constant streams of vitriolic abuse.
Facing abuse seems to be part and parcel of a referee’s life but as a young female in a traditionally male-dominated field, the abuse can be intensified even more.
Yet, in keeping with her character, Yasmin hasn’t let that get in the way of her progression.
“At the end of this season just gone, I was sending someone off but in the same instance a teammate of his turned around to me and said ‘this is a man’s game – why are you here?’
“So obviously I sent him off – and he got a lengthy ban and a fine.
“If it is a spectator you can’t do much about it but when you hear something like ‘oh it’s a female’ – can she keep up with the game?’ I actually take that on board and thrive off it to prove them wrong. Whereas, if it’s a player you have the appropriate tools to discipline.
“I’ve never faced a bad incident where I’ve wanted to quit refereeing or take a break, though.”
The inspirational teen isn’t content with only progressing her own career though as she also coaches younger referees who are just starting their refereeing journey.
“I’m looking after a group of young female referees. When I started, I had no female role models but these girls hopefully see me as something to look up to and I’m happy to help them.”
As it stands, Sian Massey is the only female official part of the roster for the Premier League in a lineswoman capacity while Amy Fearn became the first female referee to take charge of an FA Cup clash between Dover and Corby Town in 2013 but hopefully Yasmin will become one of many to grace the Premier League.
It's 'normal' for referees to give British players preferential treatment, insists Manchester City's Sergio Aguero
Premier League should fund professional League Two referees, says Bury's Flitcroft
Bizarre free kick 'baffles' boss: Fuming Paul Dickov rues referees for condemning Oldham Athletic to defeat
Manchester FA
Football Association
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On Movies & Media
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A great film about linguistics has arrived...
|In Blog
|By Jeffrey Overstreet
“I like Arrival because it’s about a linguist and about the kinds of things linguists find fascinating. I am not a scholar of film. But I do know well-done linguistics when I see it, and I see it in Arrival.”
That’s the opinion of Dr. Kathryn Bartholomew, who has been a regal and inspiring professor of linguistics at Seattle Pacific University over the last three decades.
When I launched a new interview series at North By Pacific Northwest, I began by asking Dr. Bartholomew which film she would show people if she were invited to host a screening. Her choice was a pleasant surprise.
You can read her insights into Denis Villeneuve’s recent science-fiction brain-buster at spu.edu/nxpnw.
I've begun yet another film blog, this time for Seattle Pacific University as a branch of their new film-studies program. It's called North by Pacific Northwest. You can find it at spu.edu/nxpnw.
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Responding to backlash, Google changes abortion ad policy | Advertising Age
Google is updating its policy in regards to how ads are displayed for abortion services in search results. The company will require organizations to provide concrete proof that they actually perform the procedure before running any ads on its platform. The changes will go into effect beginning in June.
The move comes in response to misleading advertising taken out by anti-abortion organizations such as the Obria Group that claimed to provide abortion services. The Obria Group would instead attempt to dissuade women from seeking to terminate their pregnancies.
Under Google’s new guidelines, ads related to abortion services will now clearly indicate whether the group “provides abortions” or “does not provide abortions,” Google said, adding that the disclosures will show on all search ad formats.
“This added transparency will help ensure that users have the necessary information to decide which abortion-related ads are most relevant to them,” Google said on its blog.
Earlier this month, The Guardian ran a pair of stories critical of Google and its ad practices surrounding anti-abortion services. The publication reported that nonprofits such as Obria were given $150,000 in free advertising on Google’s platform; Obria strongly opposes the practice, but advertised that it offers family planning services such as abortion. That prompted lawmakers such as U.S. Rep. Carolyn Maloney (D-NY) to call out Google for "intentional misinformation campaigns," according to The Guardian.
The company has historically walked a fine line between keeping politics out of its multi-billion ad business, opting to provide an equal playing field to both sides of the political spectrum. Yet its practices regarding how ads addressing abortion have faced increased scrutiny for years, and have emerged once again after states such as Alabama, Arkansas, Georgia and Mississippi passing strict anti-abortion laws.
Google has also been criticized for dragging its feet on the issue. In 2014, for example, Google said it was removing ads for “crisis pregnancy centers” after an analysis by NARAL, a pro-choice organization, found that 79 percent of ads on Google for abortion services were misleading and that such groups were instead focused on providing alternatives to the procedure.
[from http://bit.ly/2VwvxLm]
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{{show_title_date || "Scott Walker to enter Presidential race on July 13th, 7/2/15, 5:19 PM ET"}}
Scott Walker under fire for state open-records law proposal
By Benjy Sarlin
Wisconsin Gov. Scott Walker is days away from announcing a run for president and will enter the race with as good a chance as any of becoming the party’s nominee. Back in his home state, though, the main story this week is not his impending run but an aborted attempt to tweak state law in order to make it harder to obtain information about his administration. The news is an unwanted distraction for Walker as he prepares to launch his campaign on Monday in Waukesha, Wisconsin.
Republicans in the state legislature announced this week they were backing away from a proposal, which is tucked into a draft of the state budget, that would provide the governor’s office with broad new exemptions from records requests.
RELATED: Walker’s office tied to open-records controversy
“We are steadfastly committed to open and accountable government,” Walker said in a joint statement with legislative leaders on Saturday. “The intended policy goal of these changes was to provide a reasonable solution to protect constituents’ privacy and to encourage a deliberative process between elected officials and their staff in developing policy. It was never intended to inhibit transparent government in any way.”
News of the measure sparked an outcry heading into the July Fourth holiday weekend, including criticism from some Republican politicians like Attorney General Brad Schimel. It wasn’t initially clear who was behind inserting the proposal into the budget in the first place, and Walker initially declined to say whether he was involved. However, after the Republican State Senate majority leader indicated the governor’s staff had been included in discussions, Walker’s office confirmed to reporters that they were involved in the process.
“By pushing these exemptions, it begs the question — what is Scott Walker trying to cover up?”
DNC Spokesman Eric Walker
Walker spokeswoman Laurel Patrick told The Capital Times that the legislature made the first move, prompting them to offer their own suggestions.
“In response, our staff provided input regarding these proposed changes,” Patrick said. “Our intent with these changes was to encourage a deliberative process with state agencies in developing policy and legislation. This allows for robust debate with state agencies and public employees over the merit of policies and proposed initiatives as they are being formed, while ensuring materials related to final proposals, as well as information related to external stakeholders seeking to influence public policy, would remain fully transparent.”
The story took on extra momentum because of Walker’s battles over public records law in a recent controversy surrounding his policy towards the University of Wisconsin (UW). Earlier this year, Walker proposed a state budget that would change the language of the “Wisconsin Idea,” a set of principles guiding the UW system, to strike passages referring to a mission to “extend knowledge and its application beyond the boundaries of its campuses” and pursue “a search for truth.”
The edits prompted an immediate backlash and Walker said he would drop the changes, which he blamed on a “drafting error.” But the Milwaukee Journal-Sentinel, using the state’s open-records law, reported that earlier emails and drafting documents showed administration officials insisting the university adopt the new language, prompting Politifact to award Walker’s explanation a “pants on fire” ruling.
RELATED: Scott Walker bets big on Iowa
In another case involving the open-records law, the Wisconsin State Journal reported that Walker’s aides pushed for a taxpayer-backed loan through the Wisconsin Economic Development Corp. to a business owned by a Walker campaign donor. The governor called for an end to the WEDC loan program, citing a separate audit of its practices.
The Wisconsin Center for Investigative Journalism noted this week that Walker has resisted turning over records related to the UW story by claiming an exemption from documents related to the “deliberative process” of crafting policy — a currently disputed explanation that the budget proposal his office dropped last week would have enshrined into law.
These are the kinds of process stories that usually don’t go too far in presidential contests but, in this case, the timing may give it greater weight as the likely campaign trudges on. It comes just as Republicans are piling on Democratic front-runner Hillary Clinton over a suite of transparency issues, from her use of a private email server to her rocky relationship with the national press. Democrats, not surprisingly, are eager to see a Republican under fire for their own transparency issues.
“By pushing these exemptions, it begs the question — what is Scott Walker trying to cover up?” DNC Spokesman Eric Walker said in a statement.
The Place for Politics, Election 2016, Elections, Republicans, Scott Walker and Wisconsin
Scott Walker's big bet
How do you solve a problem like The Donald?
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The Dark Knight Returns...to the XBox 360
Batman: Arkham City - Game of the Year Edition
To call Batman: Arkham City the Game of the Year when it came out within a month of Skyrim might be a bit of a stretch, but it is a fantastically constructed masterpiece that certainly deserves to be in the running, if not the all-around winner. The Game of the Year Edition includes two extra story lines that weren't in the original release. There is a Catwoman plotline that runs concurrent to the main campaign. It also includes Harley Quinn's Revenge, an add-on that takes place two weeks after the events of Arkham City. Finally, it includes challenge maps that allow players to take on the persona of Nightwing, the original Robin, Dick Grayson. All in all, the Game of the Year Edition is well worth the sixty bucks I dropped on it and I'm glad I was too busy to buy the game when it first came out, mainly because it's so good I likely would have purchased every last piece of downloadable content (DLC), costing me well over a hundred dollars.
We'll start with the main campaign and work our way through all of the Game of the Year extras.
Who's brilliant idea was this?
Somehow, Dr. Strange has convinced the politicians in Gotham that moving Arkham Asylum to the heart of the city is a good plan. To everyone's surprise that has never read a Batman comic or seen a single movie, things didn't work out so well. Of course, the inmates end up running the asylum and Batman has to straighten things out. The game starts with Bruce Wayne haranguing the politicians who let this nightmare go forward. He is quickly taken down by Strange's security force and spirited away into Arkham. In a not-so-strange twist, Wayne is able to escape from the hapless goons who are guarding him and retrieve his Batgear from Alfred, making the gamer free to soar above the streets of Gotham.
Without giving too much away, I'll say that many of your favorite of Batman's nemeses are here: Two Face, the Joker, Dr. Strange, Penguin, Dr. Freeze, Solomon Grundy, and Ra's and Talia al Ghul. There are two major stories running simultaneously in the game. The first is Dr. Strange's mysterious Protocol 10. The second is the fact that Joker is slowly dying from Titan and he has infected Batman in order to force him to find a cure for them both. Protocal 10 is Strange's misguided plan to become a hero to Gotham. He's gathered all of Gotham's worst under his control so he can murder them, thereby surpassing Batman as the city's greatest crime fighter, nevermind that I'm pretty sure it's illegal for doctors to massacre an entire hospital's worth of patients under their care.
Without giving any more away, you can expect Batman to be his usual dualistic, yet eventually good self. The gameplay is so fun that, much like Skyrim, I found myself simply exploring the sandbox map for hours at a time, gliding and Bat-grappling my way around the open world in a nearly flawless control scheme. The combat system is simple enough that a relative noobie can finish the game without mastering it but deep enough for seasoned fighting game aficionados to enjoy throughout the 25-30 hour campaign. Nothing is more pleasing than flying in out of nowhere, dispatching a bad guy, then grappling away leaving the rest of the goons scratching their heads. They even brought out the classic, if slightly altered, "What are you, Batman?!" It had to be changed due to the character's inability to speak outside of cutscenes.
Catwoman and Harley Quinn's Revenge
One of the major changes from the first Batman: Arkham game is the ability to play from multiple characters' points of view. Not only are you the Dark Knight, but you play as Catwoman, Robin, and Nightwing. The first two get their own stories while the third is just available for challenge maps. Since her 4-part series is smaller than the main campaign, it makes sense that Catwoman can't be leveled up as much as Batman. Still, that was a glaring omission when you were able to spend your points on either character (I didn't drop a single point on Catwoman). When starting Harley Quinn's Revenge as Robin, I was also sorry to discover that he couldn't be improved at all through leveling. They included a bunch of new gadgets for each character which were fun to try out, but after all of Batman's potential improvements, it left these two characters feeling a bit flat.
That said, these two additional story lines didn't feel like add-ons like some of the bad Fallout DLC. What was that one in the snow from WWII all about? Anyway, they felt like they were planned from the initial phases of game development rather than tacked on to make a few extra bucks after a successful release. One reason this is likely true is that the Catwoman scenes are interspersed between Batman portions. You can play them as their own separate story, back-to-back, but the Game of the Year Edition automatically drops them into the game at appropriate points. Harley Quinn's Revenge did have the feel of a re-hash of the final assault on Joker's compound because many of the same enemies were in the same places (I'm looking at you, snipers!) and you're infiltrating the same building. Other than that part, and it only lasted a few minutes, Harley Quinn's Revenge felt like another chapter that was there from the start, designed to be part of the game from Day One.
Like Batman: Arkham Asylum, this game had me completely enthralled while I was playing it, then I pretty much forgot about it a week later. I would chalk this up to a serviceable, if not spectacular story line. It's got to be tough trying to work six boss fights into a plot without making it look like you're trying to cram six boss fights into a plot, so I'll give them a pass. The story was as dark as some of the best Batman work, but it was the gameplay that really made this one shine. There's a reason this won many Game of the Year awards and is the eighth highest ranked XBox game this generation. If you're a Batman fan, or just a fan of well-produced games, give this one a shot. You won't be disappointed on either front.
The Math
Objective score: 9/10
Bonuses: +1 for the combat and movement mechanics. The gadgets were fun, but what I really enjoyed was fighting and maneuvering from rooftop to rooftop undetected.
Penalties: -1 For charging those poor kids for all that DLC. I enjoyed the extras, but I don't think they were worth fifty bucks. Thank you, GotY Edition!
Nerd coefficient: 9/10. "Very high quality/standout in its category."
Labels: batman, comics, dc, games, superheroes, video games
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Battle Of The Mackems!
Last updated : 16 November 2013 By Footy Mad - Editor
Martin O'Neill has hit back at Paolo Di Canio with the spat between the two former Sunderland managers showing little sign of abating.
The Ulsterman, who was replaced by the Italian following his own sacking by the Black Cats in March, described his successor as a "managerial charlatan" following a sustained attack on his regime during his stint at the Stadium of Light.
Di Canio responded in a television interview on Friday, instead accusing O'Neill of being the charlatan and decrying his transfer dealings in particular.
But speaking after his side's 3-0 friendly victory over Latvia on Friday night, the new Republic of Ireland manager said: "At the end of the day, it's hardly worth it.
"You would have to go and check, but I don't think Sunderland would concur with his £40million for a start. Even Sunderland wouldn't do that.
"Seriously, one of those people he's talking about [Steven Fletcher] actually, his goals helped Sunderland stay in the league, and Mignolet, they got £10million for.
"I think they owe a debt of gratitude to [Ireland goalkeeping coach] old Seamus McDonagh, who was out there tonight, McDonagh who I think Simon Mignolet - who is playing brilliantly for Liverpool - would say he had a major influence in his career development."
Di Canio, who led Sunderland to Barclays Premier League survival last season before being sacked after five games of the current campaign, had told Sky Sports news on Friday morning: "I don't know if he knows the meaning of this word charlatan. Probably I can teach him, even if I am not English.
"I respect the opinion of manager Martin O'Neill but the fact that he spoke after six months, not straight away, that proves what kind of level he is. He is not very big.
"A charlatan is a manager who spends £40million to be a top 10 club and then sees the club sink into the relegation zone."
Di Canio stood by his claim that the Black Cats players were not in peak condition when he arrived on Wearside.
"The fitness levels were pathetic," he said.
"I had players who told me they had cramps from driving the car.
"I had three players with injuries in the calf after 20 minutes of a game. Six different players with problems means they were not fit."
Di Canio was dismissed after a 3-0 defeat at West Brom, a result which was reportedly followed a day later by a training ground bust-up with senior players which led them to ask the board to take action.
Di Canio insisted, however, that no argument took place.
"It never happened," he said.
"There was a typical meeting, as there was after every game to see the clips and analyse the game.
"Maybe there was opinion but this happens in every good family."
Even though his first foray into top-flight management ended in acrimonious fashion, it has not quelled Di Canio's confidence and he remains hopeful of finding another job in England.
"I was too good, my level was too high," he said of his experience at Sunderland.
"What doesn't kill me makes me stronger. I can't wait to have another chance with the right people. I feel a better manager than before.
"Even if I have requests from around Europe I say no.
"There is no space for me in England at the moment but I will wait.
"It would be stupid for a chairman not to call me. Even if it's at a Championship club with a project."
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University Education (Agriculture and Dairy Science) Act, 1926
UNIVERSITY EDUCATION (AGRICULTURE AND DAIRY SCIENCE) ACT, 1926.
Appointed day.
Demise of College of Science to University College, Dublin.
Demise of Albert Agricultural College to University College, Dublin.
Form of demise.
Power to enter before demises made.
Transfer of chattels to University College, Dublin.
Grant to University College, Dublin, for alteration of buildings and purchase of equipment.
Grants to University College, Cork, for purchase of buildings, etc., for faculty of dairy science.
Grants for capital purposes.
Increase of annual grant to University College, Dublin.
Increase of annual grant to University College, Cork.
Annual grant to University College, Dublin, for faculty of general agriculture.
Annual grant to University College, Cork, for faculty of dairy science.
Cesser of grant to National University of Ireland and University College, Dublin, for purchase of buildings.
Grant to the National University of Ireland for purchase of premises.
Existing officers of College of Science and Albert Agricultural College.
FIRST SCHEDULE
SECOND SCHEDULE
AN ACT TO TRANSFER THE COLLEGE OF SCIENCE AND THE ALBERT AGRICULTURAL COLLEGE TO UNIVERSITY COLLEGE, DUBLIN, TO MAKE FINANCIAL AND OTHER PROVISION FOR THE ESTABLISHMENT AND MAINTENANCE OF A FACULTY OF AGRICULTURE IN UNIVERSITY COLLEGE, DUBLIN, AND THE PERFORMANCE BY THAT COLLEGE OF THE FUNCTIONS HERETOFORE FULFILLED BY THE COLLEGE OF SCIENCE AND THE ALBERT AGRICULTURAL COLLEGE RESPECTIVELY, TO MAKE FINANCIAL AND OTHER PROVISION FOR THE ESTABLISHMENT OF A FACULTY OF DAIRY SCIENCE IN UNIVERSITY COLLEGE, CORK, TO MAKE BETTER PROVISION FOR THE ACCOMMODATION OF THE NATIONAL UNIVERSITY OF IRELAND, AND FOR THOSE AND OTHER PURPOSES TO AMEND THE IRISH UNIVERSITIES ACT, 1908 . [17th July, 1926.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
1.—In this Act the expression “the appointed day” means such day not being earlier than the 1st day of October, 1926 nor later than the 31st day of December, 1926 as the Minister for Education shall by order appoint to be the appointed day for the purposes of this Act, but if the said Minister does not before the 1st day of October, 1926 so appoint a day to be such appointed day, the said expression shall mean the 1st day of October, 1926.
2.—(1) The Minister for Finance shall as soon as conveniently may be after the passing of this Act demise by deed under his official seal the lands and premises described in the First Schedule to this Act with the exceptions and subject to the reservations specified in that Schedule to University College, Dublin for the term of ninety-nine years from the appointed day subject to such nominal rent not exceeding five shillings as the said Minister shall think proper and subject to such covenants on the part of University College, Dublin and conditions as the said Minister shall think proper and in particular subject to a covenant against assignment, subletting, or parting with the possession of the said lands and premises or any part thereof without the consent of the said Minister and such covenant or condition as the said Minister shall think proper for securing the carrying out on the demised premises of scientific experiments and tests for Departments of State by the officers of such Departments or the officers of the said College.
(2) The demise made by the Minister for Finance under and in accordance with this section shall have effect according to its tenor as fully and effectually as if the lands and premises thereby demised were vested in the said Minister, and all reservations made by such demise shall enure for the benefit of Saorstát Eireann.
(3) Every question and dispute as to the lands or premises to be comprised in or to be excepted from the demise to be made under this section shall be decided by the Minister for Finance whose decision shall be final.
3.—(1) The Department of Agriculture and Technical Instruction for Ireland (hereinafter called the Department) shall as soon as conveniently may be after the passing of this Act demise by one or more leases the several lands and premises described in the Second Schedule to this Act to University College, Dublin for the term of ninety-nine years from the appointed day subject to the rents, covenants, and conditions hereinafter mentioned.
(2) The rent or rents to be reserved by such lease or leases shall be fixed at such sum or sums as will exactly reimburse to the Department the rents payable by the Department in respect of the lands and premises described in Parts I and II of the Second Schedule to this Act and the annuity payable by the Department in respect of the lands and premises described in Part III of the said Second Schedule.
(3) Every lease made by the Department in pursuance of this section shall contain such covenants on the part of University College, Dublin and such conditions as the Minister for Finance shall direct and in particular a covenant against assignment, subletting, or parting with the possession of the demised lands and premises or any part thereof without the consent in writing of the Minister for Finance.
(4) The demise required by this section to be made of the lands and premises described in Part II of the Second Schedule to this Act may be made without the consent of the Lord Mayor, Aldermen, and Burgesses of the City of Dublin or of the person in whom their interest is vested at the date of the demise, and such demise shall not be void nor shall its validity, operation, or effect be prejudiced or affected by reason of the absence of such consent.
(5) The demise required by this section to be made of the lands and premises described in Part III of the Second Schedule to this Act may be made and shall be valid and effectual notwithstanding anything to the contrary contained in the Land Purchase Acts and notwithstanding that any consent required by those Acts is not obtained or given.
4.—Every question and dispute in respect of the contents or form of any document necessary to effect the demises or any of the demises required by this Act to be made shall be decided by the Attorney-General whose decision shall be final.
5.—(1) University College, Dublin shall be entitled to enter into possession and occupation on the appointed day of all the said lands and premises described in the First and Second Schedules to this Act respectively whether the several demises required by this Act to be made have or have not been then made.
(2) If University College, Dublin enters into possession and occupation of any of the said lands and premises under this section before the demise required by this Act to be made of such lands and premises has been made, University College, Dublin shall from the time of such entry until the making of such demise be deemed to be in occupation of such lands and premises as tenant thereof under an agreement made by virtue of this Act for such demise.
6.—(1) On the appointed day all fittings, furniture, scientific apparatus, and other chattels which are on that day on or in the lands and premises described in the First Schedule to this Act shall, with such exceptions as the Minister for Finance shall direct, become and be the absolute property of University College, Dublin and shall be delivered to University College, Dublin by the Minister for Finance accordingly.
(2) On the appointed day all fittings, furniture, scientific apparatus, domestic animals, farm implements, and other chattels which are on that day on or in any of the lands and premises described in the Second Schedule to this Act shall, with such exceptions as the Minister for Finance shall direct, become and be the absolute property of University College, Dublin and shall be delivered to University College, Dublin by the Department of Agriculture and Technical Instruction for Ireland accordingly.
7.—(1) Not later than three years after the appointed day there shall be paid to University College, Dublin out of moneys to be provided by the Oireachtas such sum not exceeding £7,250 (seven thousand two hundred and fifty pounds) as University College, Dublin shall with the approval of the Minister for Finance require for the purpose of the, erection, alteration, or repair of buildings on the lands described in the Second Schedule to this Act and purchasing equipment, apparatus, implements, and other chattels for use on, in, or in connection with the said lands or the buildings thereon.
(2) All moneys paid to University College, Dublin under this section shall be applied by the said College for the purpose aforesaid.
8.—(1) Not later than three years after the appointed day there shall be paid to University College, Cork out of moneys to be provided by the Oireachtas such sum not exceeding £67,000 (sixty-seven thousand pounds) as the said College shall with the approval of the Minister for Finance require for either—
(a) expenditure after the appointed day on the acquisition of lands and premises, the erection, alteration, or repair of buildings on such lands and premises, the improvement of such lands, and the purchase of equipment, apparatus, furniture, fittings, stock, and other chattels for the purposes of a faculty of dairy science, or
(b) reimbursement to the said College of moneys expended by the said College before the appointed day (whether before or after the passing of this Act) on any of the objects aforesaid for the purposes of a faculty of dairy science.
(2) All moneys paid to University College, Cork under this section shall be applied by that College for such expenditure or reimbursement as is mentioned in the foregoing subsection.
9.—(1) On or as soon as may be after the appointed day there shall be paid to University College, Dublin out of moneys to be provided by the Oireachtas the sum of £25,000 (twenty-five thousand pounds) which shall be applied by that College for such capital purposes as the governing body of the College shall think fit.
(2) On or as soon as may be after the appointed day there shall be paid to University College, Cork out of moneys to be provided by the Oireachtas the sum of £15,000 (fifteen thousand pounds) which shall be applied by that College for such capital purposes as the governing body of the College shall think fit.
(3) For the purposes of this section extinction of debt shall be deemed to be a capital purpose.
10.—(1) So much of subsection (2) of section 7 of the Irish Universities Act, 1908 and the Third Schedule to that Act as provides for the payment of the annual sum of £32,000 to University College, Dublin shall cease and be deemed to have ceased to have effect as from the 31st day of March, 1926, and in lieu thereof it is hereby enacted that there shall be paid to University College, Dublin out of moneys to be provided by the Oireachtas the sum of £66,000 (sixty-six thousand pounds) in the financial year beginning on the 1st day of April, 1926, and the annual sum of £82,000 (eighty-two thousand pounds) in the financial year beginning on the 1st day of April, 1927, and every subsequent financial year.
(2) All moneys paid to University College, Dublin under this section shall be applied by that College for the general purposes of the College.
(3) All moneys paid to University College, Dublin under the said subsection (2) of section 7 of the Irish Universities Act, 1908 , during the financial year beginning on the 1st day of April, 1926, and before the passing of this Act shall be deemed to have been paid under this section on account of the moneys payable under this section to the said College during the said financial year.
11.—(1) So much of subsection (2) of section 7 of the Irish Universities Act, 1908 , and the Third Schedule to that Act as provides for the payment of the annual sum of £20,000 to University College, Cork shall cease and be deemed to have ceased to have effect as from the 31st day of March, 1926, and in lieu thereof it is hereby enacted that out of moneys to be provided by the Oireachtas there shall be paid to University College, Cork in the financial year beginning on the 1st day of April, 1926, and in every subsequent financial year the annual sum of £40,000 (forty thousand pounds) which shall be applied by the said College for the general purposes of the College.
(2) All moneys paid to University College, Cork under the said subsection (2) of section 7 of the Irish Universities Act, 1908 , during the financial year beginning on the 1st day of April, 1926 and before the passing of this Act shall be deemed to have been paid under this section on account of the moneys payable under this section to the said College during the said financial year.
12.—(1) Out of moneys to be provided by the Oireachtas there shall be paid to University College, Dublin in the financial year commencing on the 1st day of April, 1926, such sum not exceeding the sum of £9,422 (nine thousand, four hundred and twenty-two pounds) as the Minister for Lands and Agriculture shall sanction and in the financial year commencing on the 1st day of April, 1927, and every subsequent financial year such sum not exceeding the sum of £24,984 (twenty-four thousand, nine hundred and eighty-four pounds) as the Minister for Lands and Agriculture shall in each such year sanction.
(2) All moneys paid to University College, Dublin under this section shall be applied by that College for the purposes of a faculty of general agriculture.
13.—(1) Out of moneys to be provided by the Oireachtas there shall be paid to University College, Cork in the financial year commencing on the 1st day of April, 1926, such sum not exceeding the sum of £3,600 (three thousand, six hundred pounds) as the Minister for Lands and Agriculture shall sanction and in the financial year commencing on the 1st day of April, 1927, and every subsequent financial year such sum not exceeding the sum of £13,000 (thirteen thousand pounds) as the Minister for Lands and Agriculture shall in each such year sanction.
(2) All moneys paid to University College, Cork under this section shall be applied by that College for the purposes of a faculty of dairy science.
14.—(1) No moneys shall be paid after the passing of this Act to the National University of Ireland nor to University College, Dublin under subsection (3) of section 7 of the Irish Universities Act, 1908 .
(2) All premises acquired by the National University of Ireland with moneys paid to that University under sub-section (3) of section 7 of the Irish Universities Act, 1908 , shall as soon as may be after the passing of this Act be sold and disposed of by the said University in such manner and for such price as shall be approved of by the Minister for Finance, and the proceeds of such sale, after deduction therefrom of such sum in respect of the costs and expenses of the sale as shall be approved of by the Minister for Finance, shall as soon as may be after such sale be paid into the Exchequer by the said University in such manner as the Minister for Finance shall direct.
(3) As soon as may be after the said premises have been sold pursuant to this section the National University shall pay into the Exchequer in such manner as the Minister for Finance shall direct all moneys in their hands representing or derived from the net rents and profits of the said premises received by the said University.
15.—(1) Within three years after the appointed day there shall be paid to the National University of Ireland out of moneys to be provided by the Oireachtas such sum not exceeding £4,000 (four thousand pounds) as the Minister for Finance shall sanction for the acquisition by the said University for its general purposes of premises in or near the City of Dublin, and all moneys paid to the said University under this section shall be applied by the said University in the acquisition of such premises accordingly.
(2) Within three years after the appointed day there shall be paid to the National University of Ireland in repayment of moneys expended by that University in respect of the premises now held by it in Merrion Square, Dublin the sum of £900 (nine hundred pounds) which shall be expended by the said University in the making of permanent improvements approved of by the Minister for Finance in the premises acquired by the said University with moneys paid to it under the foregoing subsection of this section.
(3) The rent (if any), rates, taxes, repairs, and other expenses of the maintenance of the premises acquired by the National University of Ireland with the moneys paid to it under this section shall to an amount not exceeding two hundred pounds in any one year be repaid to the said University on demand by University College, Dublin, and University College, Cork, in equal shares.
16.—(1) In this section the expression “existing officer” means and includes all professors, lecturers, porters, messengers, and other officers and servants who immediately before the appointed day are employed in the College of Science or the Albert Agricultural College.
(2) On the appointed day every existing officer shall cease to hold office and their respective offices shall be abolished.
(3) Every existing officer shall be offered by University College, Dublin, employment in a situation in that College equivalent in respect of duties, salary, tenure of office, and conditions of service to the office held by him as an existing officer immediately before the appointed day, but every such offer of employment shall be made subject to the condition that on accepting such employment the existing officer shall waive all rights (if any) to compensation under Article 10 of the Treaty of 1921.
(4) Every existing officer who holds, immediately before the appointed day, an office to which the Superannuation Acts, 1834 to 1923, apply and accepts employment in a situation in University College, Dublin offered to him pursuant to this section, shall have in such situation the same rights in respect of pension, superannuation allowance, and gratuity (including the right of his legal personal representative to a gratuity on his death) as he had under the said Acts in the office held by him immediately before the appointed day, save that any pension, superannuation allowance, or gratuity which may become payable to him or to his legal personal representative shall be payable by University College, Dublin.
(5) Every question or dispute which shall arise as to—
(a) whether a situation in University College, Dublin, is or is not equivalent to an office held by an existing officer immediately before the appointed day, or
(b) whether an office held by an existing officer immediately before the appointed day is or is not an office to which the Superannuation Acts apply, or
(c) as to the amount of any pension, superannuation allowance, or gratuity which an existing officer or his legal personal representative is entitled to receive from University College, Dublin, by virtue of this section,
shall be decided by the Minister for Finance whose decision thereon shall be final.
17.—This Act may be cited as the University Education (Agriculture and Dairy Science) Act, 1926.
FIRST SCHEDULE.
The lands and premises known as the College of Science in Upper Merrion Street, Dublin, with and subject to the following exceptions and reservations that is to say:—
Exceptions—The portion of the said premises which at the passing of this Act are in the occupation of—
(a) the State Chemist and his staff;
(b) the seed testing and veterinary hygiene, branches of the Department of Lands and Agriculture.
Reservations—All necessary rights of access to the premises comprised in the foregoing exceptions.
Power for the Executive Council or any Executive Minister or any person or persons acting under the orders of the Executive Council or an Executive Minister at any time while the buildings or any part of the buildings adjoining the demised premises are occupied by Government Departments to do on, in, or in relation to the demised premises all such things as may appear to the Executive Council or such Minister to be necessary or expedient for the preservation or protection of the said buildings.
All such rights of entry and other rights as may be necessary for the proper exercise of the above-mentioned power.
SECOND SCHEDULE.
PART I.
The lands and premises demised by and now held by the Department of Agriculture and Technical Instruction for Ireland under a Lease bearing date the 11th day of October, 1849, and made between George Hayward Lindsay of the first part the Venerable Charles Lindsay, Henry Rogers, and Abel Jenkins of the second part, and the Commissioners of National Education in Ireland of the third part, which said lands and premises are described in the said Lease in the words and figures following, that is to say:—
“ALL THAT AND THOSE that part of the town and lands of Glasnevin called the North Farm situate on the East side of the High Road leading from Dublin to the Naul and containing one hundred and twenty-six acres and thirty-four perches imperial statute measure or thereabouts be the same more or less and bounded on the west by the said High Road on the North by the townland of Santry on the south partly by lands called Hampstead and partly by the road leading from said High Road to Hampstead and on the east by the lands of Drumcondra as the same are shown and described by those parts of the map or terchart drawn on the margin of these presents which are marked by the letters A.A. AND ALSO ALL THAT other piece of parcel of land (being also a parcel of the said lands of Glasnevin) which is situated on the west side of the said High Road leading from Dublin to the Naul and contains three roods and twenty-six perches imperial statute measure be the same more or less as marked and distinguished on the said map by the letter B. and is bounded on the east by the said High Road and on the north west and south by other parts of said lands of Glasnevin together with the house messuage or tenement standing or being thereon all which said premises are situated lying and being in the Barony of Coolock and County of Dublin”
with and subject to the exceptions and reservations stated in the said Lease.
The lands and premises demised by a Lease bearing date the 15th day of October, 1919, and made between the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin of the one part and the Department of Agriculture and Technical Instruction for Ireland of the other part, which said lands and premises are described in the said Lease in the words and figures following, that is to say:—
“ALL THAT piece or plot of ground in Clonturk being portion of the estate of the said Corporation of the City of Dublin known as ALL HALLOWES ESTATE at present in the possession of the Department as part of the farm appertaining to their Agricultural College at Glasnevin containing twenty-two acres three roods and three perches statute measure or thereabouts be the same more or less bounded on the north and east by other parts of the said lands of Clonturk on the south partly by lands within the County Borough of Dublin and partly by lands of Hampstead South and on the west partly by the lands of Wad and partly by the lands of Hampstead North which said premises are situate lying and being in the Barony of Coolock and County of Dublin”
together with the right of way and with and subject to the exceptions and reservations stated in the said Lease.
PART III.
The lands comprised in Folio No. 869 County Dublin of the Register of Freeholders maintained under the Local Registration of Title (Ireland) Act, 1891, and described in the said Folio in the words following, that is to say:—
“Part of the lands of Balbutcher containing sixty-nine acres two roods and eight perches or thereabouts statute measure situate in the Electoral Division of Drumcondra Rural, Barony of Coolock and County of Dublin, and part of the lands of Stormanstown containing one hundred and forty-five acres three roods and twenty-eight perches or thereabouts like measure, situate as aforesaid.”
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Residential Tenancies Act 2004
Revised Act Acht Athbh
Open Pdf Oscail PDF
Number 27 of 2004
Preliminary and General
Commencement.
Application of Act.
Interpretation generally.
“relevant date”, “landlord”, “tenant”, “lease”, etc.
Service of notices.
Service or giving of notice on behalf of another.
Regulations and orders.
Offences.
Repeal and revocation.
Expenses.
Tenancy Obligations of Landlords and Tenants
Provisions regarding landlord's obligations
Obligations of landlords.
Section 12(1)(b): supplemental regulations.
Prohibition on penalisation of tenants.
Duty owed to certain third parties to enforce tenant's obligations.
Provisions regarding tenant's obligations
Obligations of tenants.
Section 16: interpretation and supplemental.
No contracting out from terms of section 12 or 16 permitted, etc.
Rent and Rent Reviews
Setting of rent above market rent prohibited.
Frequency with which rent reviews may occur.
Right to review of rent where none provided.
Tenant to be notified of new rent.
Proceedings for rent arrears.
“Market rent”, references to rent reviews, etc.
Security of Tenure
Non-application of Part.
Greater security of tenure not affected.
Statement of essential protection enjoyed by tenants
Periods of occupancy before relevant date to be disregarded.
Statutory protection — “Part 4 tenancy” — after 6 months occupation.
“Part 4 tenancy” — meaning of that expression.
Terms of Part 4 tenancy.
Section 28 and 30: special cases.
Further special case (sub-letting of Part 4 tenancy).
Termination of Part 4 tenancy
Restriction on termination by landlord.
Grounds for termination by landlord.
Table to section 34: interpretation and supplemental.
Termination by tenant.
Deemed termination by tenant.
Effect of assignment of Part 4 tenancy.
Termination on tenant's death.
Additional statutory right — further Part 4 tenancy
Interpretation (Chapter 4).
Further Part 4 tenancy on expiry of 4 year period.
Termination of additional rights.
Successive further Part 4 tenancies may arise
Purposes of Chapter.
Construction of certain references.
Further Part 4 tenancy to arise on expiry of previous tenancy.
Terms of a further Part 4 tenancy.
Application of Chapter 3 and section 42 to every further Part 4 tenancy.
Rules governing operation of Part in cases of multiple occupants
General principle in relation to dwellings occupied by more
Entitlement of multiple occupant to benefit from Part 4 tenancy.
Act of one of multiple tenants cannot prejudice the other's or others' rights.
Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies.
No separate Part 4 tenancy to arise in multiple tenant's favour.
No contracting out from terms of Part permitted.
Protection under this Part and long occupation equity.
Damages for abuse of section 34 termination procedure.
Tenancy Terminations — Notice Periods and other Procedural Requirements
Scope of Part and interpretation provisions
Purpose of Part.
Termination of tenancies restricted to means provided by this Part.
Exclusion of existing rules and enactments.
Greater notice periods not affected.
Construction of certain references to periods of notice and duration of tenancies.
What a valid notice of termination must contain
Requirements for a valid notice of termination.
Date to be specified for purposes of section 62(1)(f).
Reference to and validity of date of service of notice of termination.
Period of notice to be given
What this Chapter does.
Period of notice where section 67 or 68 is inapplicable.
Period of notice for termination by landlord where tenant in default.
Period of notice for termination by tenant where landlord in default.
Exception to requirements of sections 66 to 68.
Additional requirements and procedures where tenancy sub-let
Notices of termination in cases of tenancies that are sub-let.
Procedures on foot of service of notice mentioned in section 70 in non-contentious case.
Procedures on foot of service of notice in cases not falling under section 71.
Notice of termination by multiple tenants.
Offence to do certain acts on foot of invalid termination.
Referral of matters to Board for resolution
Interpretation (Part 6).
Right of referral by parties to tenancy and certain other persons.
Right of referral in respect of breach of duty under section 15.
Particular matters that may be referred (non-exhaustive list).
Different matters may be the subject of a single reference.
Time limit for referring particular type of dispute.
Tenancies and sub-tenancies: referral of disputes concerning their termination.
Withdrawal of matter referred to Board.
Board not to deal with reference if fee not paid or tenancy not registered.
Further right of Board not to deal with certain references.
Right of Tribunal or adjudicator not to deal with reference.
Status of certain matters pending determination of dispute.
Remedial action taken by party in certain cases to be disregarded.
Extension of time for referring disputes to Board.
Relationship between Part and certain other dispute resolution mechanisms
Dispute subject of discontinued court proceedings may be subject of reference.
Arbitration agreement not effective to oust Board's jurisdiction save in certain circumstances.
Dispute may not be referred to Board where alternative remedy is being pursued.
Preliminary steps by Board (include power to refer matter to Tribunal)
Initial steps that may be taken by Board to resolve matters referred.
Invitation to parties to resolve matter through mediation.
Exceptions to section 93: direct reference of matter to Tribunal, etc.
Mediation and adjudication
Mediation.
Procedures to be followed on foot of Board's receipt of information under section 95(6).
Adjudication.
“Cooling-off” period for purposes of section 97(4)(b).
Adjudicator's report.
Appeal to Tribunal against adjudicator's determination.
Provisions common to mediators and adjudicators.
Tenancy Tribunal
Tenancy Tribunals and the “Tribunal”.
Membership of Tribunal, etc.
Dispute resolution by Tribunal
Determination of disputes by Tribunal: procedures generally.
Provisions in relation to evidence, summoning of witnesses, etc.
Proceedings to be in public.
Adjournments of hearing.
Determination by Tribunal of dispute and notification to Board.
Supplementary procedural matters
Power of Board to make procedural rules.
Title to lands or property not to be drawn into question.
Power to enter and inspect dwelling.
Obligations of confidentiality.
Offence of providing false information to Board.
Certain proceedings and acts privileged.
Redress that may be granted under this Part
Redress that may be granted on foot of determination.
Determination may require sub-tenancy to be quitted in certain cases.
Redress of an interim nature may be granted.
Discretion to refuse direction for possession.
Certain directions to be given in the case of arrears of rent.
Circumstances of landlord or tenant not to be taken account of in certain cases.
Determination orders and enforcement generally
Determination orders.
Provision to ensure consistency between determinations.
Binding nature of determination orders.
Enforcement of determination orders.
Cancellation of determination order in cases of nonappearance.
Offence for failure to comply with determination order.
Registration of Tenancies
Private residential tenancies register
Establishment of register.
Published register.
Inspection of published register.
Register and published register may be kept in electronic form.
Publication of aggregated details derived from register.
Furnishing of entries in registers, etc.
Confirmation to parties to tenancy as to particulars specified in an application under section 134.
Procedure for registration
Obligation to apply to register tenancy.
Section 134: supplemental provisions.
Particulars to be specified in application under section 134.
Fee to accompany application under section 134.
Variation of fee in line with changes in value of money.
Updating of register and enforcement of requirement to register
Updating of particulars entered in the register.
Amendment of register by Board of its own volition.
Deletion from register of a tenancy.
Presumption in relation to date of commencement of tenancy.
Offence for furnishing false or misleading information.
Provision in aid of enforcement of registration requirements.
Further provisions in aid of enforcement of registration requirements.
Data exchange — private residential tenancies
Data exchange — private residential tenancies.
Exchange of public service data.
Provision of details of tenancy to Revenue Commissioners.
Private Residential Tenancies Board
Establishment and principal functions of Board
Establishment day.
Establishment of Board.
Functions of Board.
Model lease.
Composition of Board
Membership of Board.
Supplemental provisions as to membership of Board.
Chairperson of Board.
Meetings of Board.
Committees of Board.
Supplemental provisions as to committees of Board.
Dispute Resolution Committee.
Management of Board
Director of Board.
Supplemental provisions in relation to Director.
Staff of Board and superannuation matters
Staff of Board.
Superannuation.
Appointment or engagement of certain persons
Mediators and adjudicators.
Removal of an adjudicator from the panel.
Consultants and advisers.
Provision of services to Board.
Supplemental provisions with regard to Board's administration and management
Indemnification of certain persons.
Membership of either House of the Oireachtas, etc.
Disclosure of interests.
Disclosure of information.
Seal of Board.
Financial and accountability provisions
Grants to Board.
Borrowings by Board.
Accounts.
Further provisions with respect to accounts (including their audit).
Accountability of Director to Oireachtas Committees.
Reports and information to Minister.
Reports to Board.
Limitation on certain disputes being the subject of court proceedings.
Guidelines to Board.
Voidance of provisions designed to facilitate terminations.
Obligation to inform prospective sub-tenant of nature of tenancy.
Tenant may terminate where consent to assignment or subletting withheld.
Duty of management companies in relation to certain complaints.
Provision of information in relation to service charges by management companies.
Jurisdiction in aid of Part 6 resolution procedure.
Long occupation equity (ability to renounce entitlement to it).
Long occupation equity (prospective abolition of entitlement to it).
Non-application of certain enactments.
Deemed termination of tenancy to which Part 4 does not apply.
Proposed overholding under a fixed term tenancy.
Equal Status Act 2000 not prejudiced.
Amendment of Housing (Miscellaneous Provisions) Act 1997.
Amendment of Housing Act 1966.
Amendment of sections 58 and 60 of Landlord and Tenant (Amendment) Act 1980.
Amendment of sections 3 and 20 of Housing (Miscellaneous Provisions) Act 1992.
Amendment of section 34 of Housing (Miscellaneous Provisions) Act 1992.
Regulations to remove difficulties.
Protection for Sub-Tenancies Created out of Part 4 Tenancies
Adoption Acts 1952 to 1998
Arbitration Act 1954
1954, No. 26
Civil Liability Act 1961
Civil Service Commissioners Act 1956
Civil Service Regulation Acts 1956 to 1996
Companies Acts 1963 to 2003
Comptroller and Auditor General (Amendment) Act 1993
1993, No. 8
Conveyancing Act 1881
Conveyancing and Law of Property Act 1892
Criminal Law Amendment Act 1912
Equal Status Act 2000
European Parliament Elections Act 1997
Health Act 1970
Health (Eastern Regional Health Authority) Act 1999
Housing Act 1966
Housing Acts 1966 to 1997
Housing (Miscellaneous Provisions) Act 1992
Housing (Private Rented Dwellings) Act 1982
Housing (Traveller Accomodation) Act 1998
Interpretation Act 1937
Landlord and Tenant Act 1931
Landlord and Tenant (Amendment) Act 1980
Landlord and Tenant (Ground Rents) (No. 2) Act 1978
Landlord and Tenant Law Amendment Act Ireland 1860
1860, c. 154
Local Government Act 2001
Organisation of Working Time Act 1997
Petty Sessions (Ireland) Act 1851
Planning and Development Act 2000
Public Offices Fees Act 1879
Social Welfare (Consolidation) Act 1993
Statute of Limitations 1957
Succession Act 1965
Taxes Consolidation Act 1997
Urban Renewal Act 1998
AN ACT TO PROVIDE—
(a) IN ACCORDANCE WITH THE EXIGENCIES OF THE COMMON GOOD, FOR A MEASURE OF SECURITY OF TENURE FOR TENANTS OF CERTAIN DWELLINGS,
(b) FOR AMENDMENTS OF THE LAW OF LANDLORD AND TENANT IN RELATION TO THE BASIC RIGHTS AND OBLIGATIONS OF EACH OF THE PARTIES TO TENANCIES OF CERTAIN DWELLINGS,
(c) WITH THE AIM OF ALLOWING DISPUTES BETWEEN SUCH PARTIES TO BE RESOLVED CHEAPLY AND SPEEDILY, FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN BORD UM THIONÓNTACHTAÍ CÓNAITHE PRÍOBHÁIDEACHA OR, IN THE ENGLISH LANGUAGE, THE PRIVATE RESIDENTIAL TENANCIES BOARD AND THE CONFERRAL ON IT OF POWERS AND FUNCTIONS OF A LIMITED NATURE IN RELATION TO THE RESOLUTION OF SUCH DISPUTES,
(d) FOR THE REGISTRATION OF TENANCIES OF CERTAIN DWELLINGS, AND
(e) FOR RELATED MATTERS. [19th July 2004]
1.—This Act may be cited as the Residential Tenancies Act 2004.
2.—This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).
(2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—
(a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13 (1)(a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it,
(b) a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies,
(c) a dwelling let by or to—
(i) a public authority, or
(ii) a body standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 and which is occupied by a person referred to in section 9 (2) of the Housing Act 1988 ,
(d) a dwelling, the occupier of which is entitled to acquire, under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 , the fee simple in respect of it,
(e) a dwelling occupied under a shared ownership lease,
(f) a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only,
(g) a dwelling within which the landlord also resides,
(h) a dwelling within which the spouse, parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling,
(i) a dwelling the subject of a tenancy granted under Part II of the Landlord and Tenant (Amendment) Act 1980 or under Part III of the Landlord and Tenant Act 1931 or which is the subject of an application made under section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter.
4.—(1) In this Act, unless the context otherwise requires—
“adjudicator” shall be construed in accordance with section 164 (2);
“authorised agent” shall be construed in accordance with section 12 (1)(e);
“Board” shall be construed in accordance with section 150 (1);
“child” includes a person who is no longer a minor and cognate words shall be construed accordingly;
“company” means a company within the meaning of the Companies Acts 1963 to 2003;
“contract of tenancy” does not include an agreement to create a tenancy;
“Director” shall be construed in accordance with section 160 (1);
“Dispute Resolution Committee” shall be construed in accordance with section 157 (2);
“dwelling” means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not);
“establishment day” means the day appointed under section 149 ;
“functions” includes powers and duties and references to the performance of functions include, as respects power and duties, references to the exercise of the powers and the carrying out of the duties;
“further Part 4 tenancy” shall be construed in accordance with section 41 (2) or 45(2), as appropriate;
“local authority” means a local authority for the purposes of the Local Government Act 2001 ;
“management company”, in relation to an apartment complex, means the company in which functions are vested with respect to the management of the apartment complex;
“mediator” shall be construed in accordance with section 164 (1);
“Minister” means the Minister for the Environment, Heritage and Local Government;
“Part 4 tenancy” shall be construed in accordance with section 29 ;
“personal representative” has the same meaning as it has in the Succession Act 1965 ;
“planning permission” means a permission under section 34 of the Planning and Development Act 2000 ;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“public authority” means—
(a) a Minister of the Government or a body under the aegis of a Minister of the Government,
(b) the Commissioners of Public Works in Ireland,
(c) a local authority,
(d) a health board established under the Health Act 1970 ,
(e) the Eastern Regional Health Authority or an area health board established under the Health (Eastern Regional Health Authority) Act 1999 ,
(f) a voluntary body standing approved of by the Minister for Health and Children or by a health board or an authority or board mentioned in paragraph (e) of this definition for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder,
(g) a recognised educational institution, namely, any university, technical college, regional technical college, secondary or technical college or other institution or body of persons approved of, for the purpose of providing an approved course of study, by the Minister for Education and Science, or
(h) the Shannon Free Airport Development Company;
“remuneration” includes fees, allowances for expenses, benefits-inkind and superannuation;
“required period of notice”, in relation to a notice of termination, means the period of notice required by Part 4 or 5 or, if greater, by the lease or tenancy agreement concerned;
“self-contained residential unit” includes the form of accommodation commonly known as “bedsit” accommodation;
“shared ownership lease” has the meaning assigned to it by section 2 of the Housing (Miscellaneous Provision) Act 1992 ;
“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;
“tenancy agreement” includes an oral tenancy agreement;
“Tribunal” shall be construed in accordance with section 102 (2).
(2) The definition of “dwelling” in subsection (1) shall not apply in relation to the construction of references to “dwelling” to which this subsection applies; each such reference shall be construed as a reference to any building or part of a building used as a dwelling (whether or not a dwelling let for rent or valuable consideration) and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it.
(3) Subsection (2) applies to the following references to “dwelling” (whether in the singular or plural form) in this Act, namely—
(a) the second of the references in section 12 (1)(h),
(b) the first and last of the references in paragraph (c)(ii) and paragraph (c)(iii) of the definition of “behave in a way that is anti-social” in section 17 (1),
(c) the reference in subsection (2)(a) of section 25 to whichever of the dwellings mentioned in that subsection is not the subject of the tenancy mentioned in subsection (1) of that section,
(d) the references in subsection (2)(b) and (c) of section 25 , and
(e) the second of the references in sections 136(h), 187(1) and 188(1).
(4) In this Act—
(a) a reference to a section or Part is a reference to a section or Part of this Act unless it is indicated that reference to some other enactment is intended,
(b) a reference to a Chapter is a reference to the Chapter of the Part in which the reference occurs, unless it is indicated that reference to some other provision is intended,
(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and
(d) a reference to any other enactment is a reference to that enactment as amended or extended by or under any subsequent enactment.
5.—(1) In this Act—
“landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a dwelling by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of the tenancy;
“lease” means an instrument in writing, whether or not under seal, containing a contract of tenancy in respect of a dwelling;
“relevant date” means the date on which Part 4 is commenced;
“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated;
“tenant” means the person for the time being entitled to the occupation of a dwelling under a tenancy and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his or her tenancy.
(2) A reference in this Act to—
(a) the landlord of a dwelling is a reference to the landlord under a tenancy of the dwelling, and
(b) the tenant of a dwelling is a reference to the tenant under a tenancy of the dwelling.
(3) Subject to subsection (4), in this Act “costs”, in relation to a matter being dealt with by the Board, a mediator, an adjudicator or the Tribunal or a determination or direction made or given by it or him or her, does not include—
(a) legal costs or expenses, or
(b) costs or expenses of any other professional kind or of employing any person with technical expertise that are connected wholly or mainly with the provision of evidence for, or the presentation of one or more issues at, the proceedings.
(4) Despite subsection (3), the Board or, with the consent of the Board, a mediator, an adjudicator or the Tribunal may if, in its or his or her opinion the exceptional circumstances of the matter so warrant, determine that any element of costs the subject of a determination or direction made or given by it or him or her shall include costs referred to in paragraph (a) or (b) of that subsection.
6.—(1) A notice required or authorised to be served or given by or under this Act shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person in one of the following ways:
(a) by delivering it to the person;
(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;
(c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;
(d) where the notice relates to a dwelling and it appears that no person is in actual occupation of the dwelling, by affixing it in a conspicuous position on the outside of the dwelling or the property containing the dwelling.
(2) Where the notice concerned is to be served on or given to a person who is the owner, landlord, tenant or occupier of a dwelling and the name of the person cannot be ascertained by reasonable inquiry it may be addressed to the person by using the words the owner, the landlord, the tenant or the occupier, as the case may require.
(3) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
(4) A person shall not, at any time during the period of 3 months after a notice is affixed under subsection (1)(d) remove, damage or deface the notice without lawful authority.
(5) A person who contravenes subsection (4) is guilty of an offence.
(6) Where, in proceedings under Part 6, it is shown that a notice was served or given in accordance with the provisions of this section and on the date that it is alleged it was served or given, the onus shall be on the recipient to establish to the Board, the adjudicator or Tribunal's satisfaction that the notice was not received in sufficient time to enable compliance with the relevant time limit specified by or under this Act.
7.—Where a notice required or authorised to be served or given by or under this Act is served or given on behalf of a person, the notice shall be deemed to be served or given by that person.
8.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.
(2) Every order (other than an order made under section 2 or 149) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(3) The Minister may be order amend or revoke an order under this Act (other than an order under section 2 or 149).
(4) An order under subsection (3) shall be made in the like manner and its making shall be subject to the like (if any) consents and conditions as the order that it is amending or revoking.
9.—(1) A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.
(2) If the contravention in respect of which a person is convicted of an offence under this Act is continued after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable on summary conviction to a fine not exceeding €250.
(3) Proceedings in relation to an offence under this Act may be brought and prosecuted by the Board.
(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , proceedings for an offence under this Act may be instituted at any time within one year after the date of the offence.
(5) Where a person is convicted of an offence under this Act the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Board the costs and expenses, measured by the court, incurred by the Board in relation to the investigation, detection and prosecution of the offence.
10.—(1) Section 5 of the Criminal Law Amendment Act 1912 is repealed.
(2) The Housing (Registration of Rented Houses) Regulations 1996 ( S.I. No. 30 of 1996 ) are revoked.
11.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
12.—(1) In addition to the obligations arising by or under any other enactment, a landlord of a dwelling shall—
(a) allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling,
(b) subject to subsection (2), carry out to—
(i) the structure of the dwelling all such repairs as are, from time to time, necessary and ensure that the structure complies with any standards for houses for the time being prescribed under section 18 of the Housing (Miscellaneous Provisions) Act 1992 , and
(ii) the interior of the dwelling all such repairs and replacement of fittings as are, from time to time, necessary so that that interior and those fittings are maintained in, at least, the condition in which they were at the commencement of the tenancy and in compliance with any such standards for the time being prescribed,
(c) subject to subsection (3), effect and maintain a policy of insurance in respect of the structure of the dwelling, that is to say a policy—
(i) that insures the landlord against damage to, and loss and destruction of, the dwelling, and
(ii) that indemnifies, to an amount of at least €250,000, the landlord against any liability on his or her part arising out of the ownership, possession and use of the dwelling,
(d) subject to subsection (4), return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease,
(e) notify the tenant of the name of the person, if any, (the “authorised agent”) who is authorised by the landlord to act on his or her behalf in relation to the tenancy for the time being,
(f) provide to the tenant particulars of the means by which the tenant may, at all reasonable times, contact him or her or his or her authorised agent,
(g) without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied—
(i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and
(ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either—
(I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or
(II) a significant reduction that those matters caused in the quality of the tenant's or other such occupants' living environment,
(h) if the dwelling is one of a number of dwellings comprising an apartment complex—
(i) forward to the management company, if any, of the complex any complaint notified in writing by the tenant to him or her concerning the performance by the company of its functions in relation to the complex,
(ii) forward to the tenant any initial response by the management company to that complaint, and
(iii) forward to the tenant any statement in writing of the kind referred to in section 187 (2) made by the management company in relation to that complaint.
(2) Subsection (1)(b) does not apply to any repairs that are necessary due to the failure of the tenant to comply with section 16 (f).
(3) The obligation under subsection (1)(c) does not apply at any particular time during the term of the tenancy concerned if, at that time, a policy of insurance of the kind referred to in that provision is not obtainable, or is not obtainable at a reasonable cost, by the landlord in respect of the dwelling.
(4) Subsection (1)(d) applies and has effect subject to the following provisions:
(a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—
(i) the payment of rent and the amount of rent that is in arrears is equal to or greater than the amount of the deposit, or
(ii) compliance with section 16 (f) and the amount of the costs that would be incurred by the landlord, were he or she to take them, in taking such steps as are reasonable for the purposes of restoring the dwelling to the condition mentioned in section 16 (f) is equal to or greater than the amount of the deposit,
(b) where, at the date of the request for return or repayment, there is a default in the payment of rent or compliance with section 16 (f) and subparagraph (i) or (ii), as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent that is in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii).
(5) For the avoidance of doubt, the condition in subsection (1)(g)(i) is satisfied if, after all reasonable attempts, the landlord or his or her authorised agent could not be contacted to make the request concerned.
Section 12 (1)(b): supplemental regulations.
13.—(1) The Board, with the consent of the Minister, may make regulations specifying that particular parts of dwellings shall, for the purposes of section 12 (1)(b), be regarded as parts of the interior, or as parts of the structure, of dwellings.
(2) In making regulations under this section, the Board—
(a) may invite submissions in relation to the matter from any persons or organisations appearing to the Board to be representative of the interests of landlords and of tenants and consider any submissions from those persons or organisations made on foot of that invitation,
(b) shall not specify a part of a dwelling as being part of its structure or, as the case may be, part of its interior if, to do so, would, in its opinion, result in unreasonably burdensome obligations being imposed on landlords.
(3) Different regulations may be made under this section in respect of different classes of dwelling.
14.—(1) A landlord of a dwelling shall not penalise a tenant for—
(a) referring any dispute between the tenant and the landlord to the Board for resolution under Part 6,
(b) giving evidence in any proceedings under Part 6 to which the landlord is a party (whether the tenant is a party to them or not),
(c) making a complaint to a member of the Garda Síochána or to a public authority in relation to any matter arising out of, or in connection with, the occupation of the dwelling or making an application regarding such a matter to a public authority, or
(d) giving notice of his or her intention to do any or all of the things referred to in the preceding paragraphs.
(2) For the purposes of this section a tenant is penalised if the tenant is subjected to any action that adversely affects his or her enjoying peaceful occupation of the dwelling concerned.
(3) Such action may constitute penalisation even though it consists of steps taken by the landlord in the exercise of any rights conferred on him or her by or under this Act, any other enactment or the lease or tenancy agreement concerned if, having regard to—
(a) the frequency or extent to which the right is exercised in relation to the tenant,
(b) the proximity in time of its being so exercised to the tenant's doing the relevant thing referred to in subsection (1), and
(c) any other relevant circumstances,
it is a reasonable inference that the action was intended to penalise the tenant for doing that thing.
(4) This section is without prejudice to any other liability (civil or criminal) the landlord may be subject to for doing a thing prohibited by this section.
15.—(1) A landlord of a dwelling owes to each person who could be potentially affected a duty to enforce the obligations of the tenant under the tenancy.
(2) In subsection (1) “person who could be potentially affected” means a person who, it is reasonably foreseeable, would be directly and adversely affected by a failure to enforce an obligation of the tenant were such a failure to occur and includes any other tenant under the tenancy mentioned in that subsection.
(3) This section does not confer on any person a right of action maintainable in proceedings before a court for breach of the duty created by it; the sole remedy for such a breach is by means of making a complaint (where the conditions specified in section 77 for doing so are satisfied) to the Board under Part 6.
(4) Nothing in subsection (3) affects any duty of care, and the remedies available for its breach, that exist apart from this section.
16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall—
(a) pay to the landlord or his or her authorised agent (or any other person where required to do so by any enactment)—
(i) the rent provided for under the tenancy concerned on the date it falls due for payment, and
(ii) where the lease or tenancy agreement provides that any charges or taxes are payable by the tenant, pay those charges or taxes in accordance with the lease or tenancy agreement (unless provision to that effect in the lease or tenancy agreement is unlawful or contravenes any other enactment),
(b) ensure that no act or omission by the tenant results in there not being complied with the obligations of the landlord, under any enactment, in relation to the dwelling or the tenancy (and in particular, the landlord's obligations under regulations under section 18 of the Housing (Miscellaneous Provisions) Act 1992 ),
(c) allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord's behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling,
(d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment,
(e) allow the landlord, or any person or persons acting on the landlord's behalf, reasonable access to the dwelling for the purposes of allowing any works (the responsibility for the carrying out of which is that of the landlord) to be carried out,
(f) not do any act that would cause a deterioration in the condition the dwelling was in at the commencement of the tenancy, but there shall be disregarded, in determining whether this obligation has been complied with at a particular time, any deterioration in that condition owing to normal wear and tear, that is to say wear and tear that is normal having regard to—
(i) the time that has elapsed from the commencement of the tenancy,
(ii) the extent of occupation of the dwelling the landlord must have reasonably foreseen would occur since that commencement, and
(iii) any other relevant matters,
(g) if paragraph (f) is not complied with, take such steps as the landlord may reasonably require to be taken for the purpose of restoring the dwelling to the condition mentioned in paragraph (f) or to defray any costs incurred by the landlord in his or her taking such steps as are reasonable for that purpose,
(h) not behave within the dwelling, or in the vicinity of it, in a way that is anti-social or allow other occupiers of, or visitors to, the dwelling to behave within it, or in the vicinity of it, in such a way,
(i) not act or allow other occupiers of, or visitors to, the dwelling to act in a way which would result in the invalidation of a policy of insurance in force in relation to the dwelling,
(j) if any act of the tenant's, or any act of another occupier of, or visitor to, the dwelling which the tenant has allowed to be done, results in an increase in the premium payable under a policy of insurance in force in relation to the dwelling, pay to the landlord an amount equal to the amount of that increase (“the increased element”) (and that obligation to pay such an amount shall apply in respect of each further premium falling due for payment under the policy that includes the increased element),
(k) not assign or sub-let the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold),
(l) not alter or improve the dwelling without the written consent of the landlord which consent the landlord—
(i) in case the alteration or improvement consists only of repairing, painting and decorating, or any of those things, may not unreasonably withhold,
(ii) in any other case, may, in his or her discretion, withhold,
(m) not use the dwelling or cause it to be used for any purpose other than as a dwelling without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold), and
(n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling.
Section 16 :interpretation and supplemental.
17.—(1) In section 16 —
“alter or improve”, in relation to a dwelling, includes—
(a) alter a locking system on a door giving entry to the dwelling, and
(b) make an addition to, or alteration of, a building or structure (including any building or structure subsidiary or ancillary to the dwelling),
“behave in a way that is anti-social” means—
(a) engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others,
(b) engage in behaviour that causes or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and, without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or
(c) engage, persistently, in behaviour that prevents or interferes with the peaceful occupation—
(i) by any other person residing in the dwelling concerned, of that dwelling,
(ii) by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or
(iii) by any person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.
(2) The reference in section 16 (b) to an act or omission by the tenant shall be deemed to include a reference to an act or omission by any other person who, at the time of the doing of the act or the making of the omission, is in the dwelling concerned with the consent of the tenant.
(3) The landlord shall be entitled to be reimbursed by the tenant any costs or expenses reasonably incurred by him or her in deciding upon a request for consent in relation to the tenant's doing a thing referred to in paragraph (k), (l) or (m) of section 16 (whether the consent is granted or refused).
(4) If the amount of the premium referred to in section 16 (j) is, apart for the reason mentioned in that provision, subsequently increased or reduced then the reference in that provision to the increased element shall be construed as a reference to the amount concerned as proportionately adjusted in line with the increase or reduction.
18.—(1) Subject to subsections (2) and (3), no provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the commencement of this Part) may operate to vary, modify or restrict in any way section 12 or 16 .
(2) Subsection (1) does not prevent more favourable terms for the tenant than those that apply by virtue of section 12 being provided for in the lease or tenancy agreement concerned.
(3) Obligations additional to those specified in section 16 may be imposed on the tenant by the lease or tenancy agreement concerned but only if those obligations are consistent with this Act.
19.—(1) In setting, at any particular time, the rent under the tenancy of a dwelling, an amount of rent shall not be provided for that is greater than the amount of the market rent for that tenancy at that time.
(2) The reference in this section to the setting of the rent under a tenancy is a reference to—
(a) the initial setting of the rent under the tenancy, and
(b) any subsequent setting of the rent under the tenancy by way of a review of that rent.
20.—(1) Subject to subsection (3), a review of the rent under the tenancy of a dwelling may not occur—
(a) more frequently than once in each period of 12 months, nor
(b) in the period of 12 months beginning on the commencement of the tenancy.
(2) Subsection (1) has effect notwithstanding any provision to the contrary in the lease or tenancy agreement concerned.
(3) Subsection (1) does not apply despite the fact that a period of less than 12 months has elapsed from—
(a) the last review of the rent under the tenancy, or
(b) the commencement of the tenancy,
if, in that period—
(i) a substantial change in the nature of the accommodation provided under the tenancy occurs, and
(ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be different to what was the market rent for the tenancy at the time of that last review or the commencement of the tenancy, as the case may be.
21.—If the lease or tenancy agreement concerned does not provide for such a review or the tenancy concerned is an implied one, either party may, subject to section 20 , require a review of the rent under the tenancy to be carried out and a new rent, if appropriate, set on foot of that review.
22.—(1) The setting of a rent (the “new rent”) pursuant to a review of the rent under a tenancy of a dwelling and which is otherwise lawful under this Part shall not have effect unless and until the condition specified in subsection (2) is satisfied.
(2) That condition is that, at least 28 days before the date from which the new rent is to have effect, a notice in writing is served by the landlord on the tenant stating the amount of the new rent and the date from which it is to have effect.
(3) Where that condition is satisfied, a dispute in relation to a rent falling within subsection (1) must be referred to the Board under Part 6 before—
(a) the date stated in the notice under subsection (2) as the date from which that rent is to have effect, or
(b) the expiry of 28 days from the receipt by the tenant of that notice,
whichever is the later.
23.—Every person entitled to any rent in arrears or to be paid other charges under a tenancy of a dwelling (whether in his or her own right or as personal representative of a deceased landlord) shall be entitled to recover, under Part 6, such arrears or charges from the person who occupied the dwelling as a tenant in the period in which the arrears accrued or the charges arose or, as may be appropriate, from the person's personal representative.
24.—(1) In this Part “market rent”, in relation to the tenancy of a dwelling, means the rent which a willing tenant not already in occupation would give and a willing landlord would take for the dwelling, in each case on the basis of vacant possession being given, and having regard to—
(a) the other terms of the tenancy, and
(b) the letting values of dwellings of a similar size, type and character to the dwelling and situated in a comparable area to that in which it is situated.
(2) References in this Part to a review of a rent include references to—
(a) any procedure (however it is described) for determining whether, and to what extent, a reduction or increase in the amount of the rent for the time being payable under the tenancy concerned ought to have effect, and
(b) the effect of the operation of a provision of a lease or tenancy agreement providing that, by reference to any formula, happening of any event or other matter whatsoever (and whether any act, decision or exercise of discretion on the part of any person is involved or not), such a reduction or increase shall have effect,
and, in the case of a provision of the kind referred to in paragraph (b), any prohibition under this Part on a review of rent occurring is to be read as a prohibition on the provision operating to have the foregoing effect.
(3) References in this Part to the setting of a rent are references to the oral agreeing of the rent or to its being provided for in a lease or tenancy agreement or, in the context of a review of rent—
(a) the oral agreeing of the rent,
(b) the oral or written notification of the rent, or
(c) in the case of a provision of the kind referred to in subsection (2)(b), the rent being set by virtue of the operation of that provision.
25.—(1) This Part does not apply to a tenancy of a dwelling where the conditions specified in subsection (2) are satisfied if the landlord of the dwelling opts, in accordance with subsection (3), for this Part not to apply to it.
(2) Those conditions are—
(a) the dwelling concerned is one of 2 dwellings within a building,
(b) that building, as originally constructed, comprised a single dwelling, and
(c) the landlord resides in the other dwelling.
(3) A landlord's opting as mentioned in subsection (1) shall be signified in writing in a notice served by him or her on the tenant before the commencement of the tenancy.
(4) This Part does not apply to a tenancy of a dwelling—
(a) if the landlord of the dwelling is entitled, in relation to expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the dwelling, to a deduction of the kind referred to in section 380B(2), 380C(4) or 380D(2) (inserted by the Finance Act 1999 ) of the Taxes Consolidation Act 1997 , or
(b) if the entitlement of the tenant to occupy the dwelling is connected with his or her continuance in any office, appointment or employment.
26.—Nothing in this Part operates to derogate from any rights the tenant enjoys for the time being (by reason of the tenancy concerned) that are more beneficial for the tenant than those created by this Part.
27.—In this Part “continuous period of 6 months” means a continuous period of 6 months that commences on or after the relevant date.
28.—(1) Where a person has, under a tenancy, been in occupation of a dwelling for a continuous period of 6 months then, if the condition specified in subsection (3) is satisfied, the following protection applies for the benefit of that person.
(2) That protection is that, subject to Chapter 3, the tenancy mentioned in subsection (1) shall (if it would not or might not do so otherwise) continue in being—
(a) unless paragraph (b) applies, for the period of 4 years from—
(i) the commencement of the tenancy, or
(ii) the relevant date,
whichever is the later,
(b) if a notice of termination under section 34 (b) is served in respect of the tenancy giving a period of notice that expires after the period of 4 years mentioned in paragraph (a), until the expiry of that period of notice.
(3) The condition mentioned in subsection (1) is that no notice of termination (giving the required period of notice) has been served in respect of the tenancy before the expiry of the period of 6 months mentioned in that subsection.
(4) Despite the fact that such a notice of termination has been so served, that condition shall be regarded as satisfied if the notice is subsequently withdrawn.
“Part 4 tenancy”— meaning of that expression.
29.—A tenancy continued in being by section 28 shall be known, and is in this Act referred to, as a “Part 4 tenancy”.
30.—(1) Subject to subsections (2) and (3), the terms of a Part 4 tenancy shall be those of the tenancy mentioned in section 28 of which it is a continuation.
(2) At any time during the period of a Part 4 tenancy, the parties may, by agreement, vary its terms.
(3) Neither—
(a) any term of the tenancy of which the Part 4 tenancy is a continuation, nor
(b) any term purported to be provided for by a variation under subsection (2),
shall be a term of a Part 4 tenancy if the term is inconsistent with this or any other Part of this Act.
Sections 28 and 30: special cases.
31.—(1) The reference in section 28 (1) to a continuous period of occupation under a tenancy includes a reference to a continuous period of occupation under a series of 2 or more tenancies.
(2) Where the continuous occupation referred to in section 28 (1) has been under a series of 2 or more tenancies—
(a) in section 28 (2), “the tenancy mentioned in subsection (1)” means the last of those tenancies,
(b) in section 28 (2)(a)(i), “the commencement of the tenancy” means the commencement of the first of those tenancies, and
(c) in section 28 (3), “the tenancy” means the last of those tenancies,
and section 30 shall be construed accordingly.
32.—(1) The Schedule to this Act has effect for the purpose of affording protection in relation to a sub-tenancy created out of a Part 4 tenancy or a further Part 4 tenancy.
(2) The creation of a sub-tenancy in respect of part only of the dwelling, the subject of a Part 4 tenancy or a further Part 4 tenancy, is prohibited.
(3) Any such sub-tenancy purported to be created is void.
33.—A Part 4 tenancy may not be terminated by the landlord save in accordance with section 34 .
34.—A Part 4 tenancy may be terminated by the landlord—
(a) on one or more of the grounds specified in the Table to this section if—
(i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, and
(ii) that notice of termination cites as the reason for the termination the ground or grounds concerned and, in the case of paragraph 4, 5 or 6 of that Table, contains or is accompanied by the statement referred to in that paragraph,
(b) irrespective of whether any of those grounds exist, if—
(ii) that period of notice expires on or after the end of the period of 4 years mentioned in section 28 (2)(a) in relation to the tenancy.
Grounds for termination
1. The tenant has failed to comply with any of his or her obligations in relation to the tenancy (whether arising under this Act or otherwise) and, unless the failure provides an excepted basis for termination—
(a) the tenant has been notified of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and
(b) the tenant does not remedy the failure within that specified time.
2. The dwelling is no longer suitable to the accommodation needs of the tenant and of any persons residing with him or her having regard to the number of bed spaces contained in the dwelling and the size and composition of the occupying household.
3. The landlord intends, within 3 months after the termination of the tenancy under this section, to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling.
4. The landlord requires the dwelling or the property containing the dwelling for his or her own occupation or for occupation by a member of his or her family and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement—
(a) specifying—
(i) the intended occupant's identity and (if not the landlord) his or her relationship to the landlord, and
(ii) the expected duration of that occupation,
(b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—
(i) the dwelling is vacated by the person referred to in subparagraph (a) within the period of 6 months from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and
(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2, 3 or 6 of this Table.
5. The landlord intends to substantially refurbish or renovate the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose (and, where planning permission is required for the carrying out of that refurbishment or renovation, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement—
(a) specifying the nature of the intended works, and
(i) the dwelling becomes available for reletting, and
6. The landlord intends to change the use of the dwelling or the property containing the dwelling to some other use (and, where planning permission is required for that change of use, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement—
(a) specifying the nature of the intended use, and
(i) the dwelling becomes available for reletting within the period of 6 months from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and
(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2 or 3 of this Table.
Table to section 34 : interpretation and supplemental.
35.—(1) In this section the “Table” means the Table to section 34 .
(2) In paragraph 1 of the Table “remedy the failure” means—
(a) in the case of a failure that does not result in financial loss or damage to the landlord or his or her property, to desist from the conduct that constitutes the failure or, if the failure consists of an omission to comply with an obligation, comply with that obligation, and
(b) in the case of a failure that does result in financial loss or damage to the landlord or his or her property—
(i) to pay adequate compensation to the landlord (or, if the failure consists of the non-payment of rent, pay the arrears of rent) or repair the damage fully, and
(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.
(3) In paragraph 1 of the Table the reference to a failure that provides an excepted basis for termination is a reference to a failure to comply with section 16 (h) where the behaviour in question falls within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17 (1).
(4) In paragraph 4 of the Table the reference to a member of the landlord's family is a reference to any spouse, child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 1952 to 1998.
(5) In paragraph 4(b), 5(b) and 6(b) of the Table the reference to the contact details requirement being complied with is a reference to the following requirement being complied with, namely, a requirement (which shall be specified in the statement concerned) that the former tenant notify in writing the landlord—
(a) within 28 days from the service of the notice of termination concerned, or, if a dispute as to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, of the means by which he or she can be contacted by the landlord so that the offer concerned can be made to him or her, and
(b) as soon as practicable after any such change occurs, of any change in the means (as so notified) by which the former tenant can be contacted for that purpose.
(6) If an offer such as is referred to in paragraph 4(b), 5(b) or 6(b) of the Table is accepted (within such reasonable period as shall be specified for that purpose in the offer) by the former tenant concerned (the “accepter”)—
(a) the resulting agreement is enforceable by the accepter (as well as by the offeror), and
(b) occupation by the accepter under the tenancy created in favour of him or her on foot of that agreement shall, together with his or her occupation under the former tenancy, be regarded, for the purposes of this Act, as continuous occupation by the accepter under the one tenancy.
36.—(1) A tenant may terminate a Part 4 tenancy by serving on the landlord in respect of the tenancy a notice of termination giving the required period of notice.
(2) This section is without prejudice to Chapter 6.
37.—(1) Subject to subsection (3), a Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if—
(a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and
(b) before or on that vacating the rent has fallen into arrears.
(2) Subject to subsection (3), a Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if—
(a) whether before or after the end of that period, the tenant has vacated the dwelling, and
(b) no notice of termination has been served by the tenant in respect of the tenancy.
(3) Subsections (1) and (2) do not apply if the Part 4 tenancy has been sub-let or assigned.
(4) Nothing in the preceding subsections affects the liability of the tenant for rent for the period that would have elapsed had a notice of termination giving the required period of notice been served by him or her.
(5) This section is subject to Chapter 6.
38.—(1) If a Part 4 tenancy is assigned by the tenant with the consent of the landlord then if the assignment is—
(a) to a person, other than a sub-tenant of the dwelling concerned, the assignment shall operate to convert the Part 4 tenancy of the dwelling into a periodic tenancy of the dwelling and the protection provided by section 28 for the assignor shall accordingly cease (but without prejudice to that section's fresh application in relation to the assignee should the circumstances mentioned in that section occur),
(b) to a sub-tenant of the dwelling concerned, the protection provided by section 28 for the assignor shall cease (but without prejudice to the Part 4 tenancy's continued subsistence as provided for in subsection (2)).
(2) If the assignment is to a sub-tenant of the dwelling concerned, the Part 4 tenancy shall continue in being (but in favour of that person and not the assignor) for the period that it would have continued in being had the assignment not been made and subject to the provisions of this Chapter; accordingly—
(a) the assignee shall become the tenant of the landlord under the Part 4 tenancy,
(b) the terms of the Part 4 tenancy shall continue to be those under which the assignor held the tenancy immediately before the assignment unless the assignee and the landlord agree to a variation of them, and
(c) the assignee's sub-tenancy of the dwelling shall merge with the Part 4 tenancy.
(3) Subsection (2)(c) does not affect the liabilities (if any) of the assignee to the assignor (or of the assignor to the assignee) that have arisen by virtue of the sub-tenancy concerned.
(4) The assignment of a Part 4 tenancy with respect to only part of the dwelling, the subject of the tenancy, is prohibited.
(5) Any such assignment purported to be made is void.
39.—(1) Subject to subsections (2) and (4), a Part 4 tenancy shall terminate on the death of the tenant.
(2) Where the 2 conditions specified in subsection (3) are satisfied—
(a) subsection (1) does not apply, and
(b) the Part 4 tenancy concerned, accordingly, continues in being, subject to the other provisions of this Chapter, for the period for which it would otherwise have continued in being had the tenant concerned not died.
(a) the dwelling, at the time of the death of the tenant concerned, was occupied by—
(i) a spouse of the tenant,
(ii) a person who was not a spouse of the tenant but who cohabited with the tenant as husband and wife in the dwelling for a period of at least 6 months ending on the date of the tenant's death,
(iii) a child, stepchild or foster child of the tenant, or a person adopted by the tenant under the Adoption Acts 1952 to 1998, being in each case aged 18 years or more, or
(iv) a parent of the tenant,
(b) one or more than one of the foregoing persons elects in writing to become a tenant or tenants of the dwelling.
(4) This section is subject to Chapter 6; without limiting the generality of this subsection, subsections (2) and (3) are not to be read as derogating from the operation of Chapter 6 in circumstances where a person referred to in subsection (3) is a multiple tenant (within the meaning of that Chapter) of the dwelling concerned.
(5) Irrespective of the number of instances of the application to the same dwelling of subsection (2) (by reason of a series of deaths of tenants), the Part 4 tenancy concerned shall not continue in being any longer than it would otherwise have continued in being had the first of those deaths not occurred.
40.—(1) In section 41 “4 year period” means, in relation to the Part 4 tenancy concerned, the period mentioned in section 28 (2)(a).
(2) References in sections 41 (4) and 42 to section 34 or Chapter 3 are references to that section or Chapter as applied by section 47 .
41.—(1) If a Part 4 tenancy continues to the expiry of the 4 year period without a notice of termination under section 34 or 36 having been served in respect of it before that expiry, then a new tenancy shall, by virtue of this section, come into being between the landlord and the tenant on that expiry.
(2) Such a tenancy is referred to in this Act as a “further Part 4 tenancy”.
(3) The commencement date of a further Part 4 tenancy is the expiry of the 4 year period.
(4) A further Part 4 tenancy shall, subject to Chapter 3, continue in being—
(a) unless paragraph (b) or (c) applies, for the period of 4 years from its commencement,
(b) if a notice of termination is served in accordance with section 42 , until the expiry of the period of notice given by that notice, or
(c) if a notice of termination under section 34 (b) is served in respect of the tenancy giving a period of notice that expires after the period of 4 years mentioned in paragraph (a), until the expiry of that period of notice.
42.—(1) Not later than 6 months from its commencement, the landlord may serve a notice of termination in respect of a further Part 4 tenancy.
(2) The period of notice given by that notice of termination shall not be less than 112 days.
(3) The means of termination that subsection (1) provides in the period of 6 months mentioned in that subsection is in addition to, and accordingly does not prevent the exercise of, the right of termination under section 34 (a) in that period.
43.—This Chapter has effect for the purpose of ensuring that the additional rights provided by Chapter 4 are regarded as being of a rolling nature, that is to say, that (unless the landlord uses the means under this Part to stop the following happening)—
(a) on the expiry of a further Part 4 tenancy, after it has been in existence for 4 years, another such tenancy comes into being, and
(b) on the expiry of that tenancy, after it has been in existence for 4 years, a further such tenancy comes into being,
44.—A reference in section 45 to section 34 , Chapter 3 or section 42 is a reference to that section or Chapter as applied by section 47 .
45.—(1) If a further Part 4 tenancy continues to the expiry of 4 years from its commencement without a notice of termination under section 34 (b) having been served in respect of it before that expiry, then a new tenancy shall, by virtue of this section, come into being between the landlord and the tenant on that expiry.
(2) Such a tenancy is also referred to in this Part as a “further Part 4 tenancy”.
(3) The commencement date of a further Part 4 tenancy under this section is the expiry of the further Part 4 tenancy that preceded it.
(4) A further Part 4 tenancy under this section shall, subject to Chapter 3, continue in being—
46.—(1) The terms of a further Part 4 tenancy shall be those of the preceding Part 4 tenancy or, as the case may be, the preceding further Part 4 tenancy.
(2) At any time during the period of a further Part 4 tenancy, the parties may, by agreement, vary its terms.
(3) No term purported to be provided for by a variation under subsection (2) shall be a term of a further Part 4 tenancy if the term is inconsistent with this or any other Part of this Act.
47.—(1) Chapter 3 applies to every further Part 4 tenancy as it applies to a Part 4 tenancy.
(2) For that purpose, references in that Chapter to a Part 4 tenancy shall be read as references to a further Part 4 tenancy.
(3) For that purpose the following modifications of section 33 and 34 (in Chapter 3) also apply.
(4) In section 33 “ section 34 or 42” shall be substituted for “ section 34 ”, and section 33 , as it is to be read and have effect for the purposes of this section, is set out in paragraph 1 of the Table to this section.
(5) In paragraph (b) of section 34 “4 years from the commencement of the tenancy” shall be substituted, in subparagraph (ii), for “4 years mentioned in section 28 (2)(a) in relation to the tenancy”, and that paragraph (b), as it is to be read and have effect for the purposes of this section, is set out in paragraph 2 of the Table to this section.
(6) Section 42 applies to a further Part 4 tenancy under section 45 as it applies to a further Part 4 tenancy under section 41 .
1. A further Part 4 tenancy may not be terminated by the landlord save in accordance with section 34 or 42.
2. (b) irrespective of whether any of those grounds exist, if—
(ii) that period of notice expires on or after the end of the period of 4 years from the commencement of the tenancy.
48.—(1) In this Chapter “multiple tenants” means, in relation to a dwelling, 2 or more persons who are tenants of the dwelling (whether as joint tenants, tenants-in-common or under any other form of co-ownership) and “multiple tenant” means any one of them.
(2) References in this Chapter to a Part 4 tenancy coming into existence and cognate references shall be construed as references to the circumstances in which the tenancy referred to in section 28 is continued in being by virtue of that section.
(3) References in subsequent provisions of this Chapter to a Part 4 tenancy include, unless the context does not admit of such construction, references to a further Part 4 tenancy.
General principle in relation to dwellings occupied by more than one person.
49.—(1) Subject to this Chapter, the provisions of this Part apply regardless of the fact that the dwelling concerned is occupied at the particular time by either or both—
(a) multiple tenants,
(b) one or more persons who are also lawfully in occupation of the dwelling as licensees of the tenant or the multiple tenants, as the case may be.
(2) In particular, the fact that the continuous period of occupation, as respects a particular dwelling, by one or more of the multiple tenants is less than 6 months at a particular time does not prevent a Part 4 tenancy coming into existence at that time in respect of the dwelling if—
(a) another of the multiple tenants has been in continuous occupation of the dwelling for 6 months, and
(b) the condition specified in section 28 (3) is satisfied.
50.—(1) Subsection (2) applies unless the multiple tenant concerned benefits, by virtue of the preceding Chapters of this Part, from the protection of the Part 4 tenancy on its coming into existence.
(2) A multiple tenant who was in occupation of a dwelling immediately before the coming into existence of a Part 4 tenancy in respect of it shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that multiple tenant as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence.
(3) Any person who the landlord accepts as a tenant of a dwelling on, or subsequent to, a Part 4 tenancy coming into existence in respect of it, shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly, the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that person as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence.
(4) The reference in subsection (3) to a landlord's accepting a person as a tenant is a reference to his or her accepting a person as a tenant—
(a) whether as a replacement for any of the existing multiple tenants or as an additional tenant to them, and
(b) whether or not the person was immediately before that acceptance a licensee in occupation of the dwelling.
(5) For the purpose of reckoning the continuous period of occupation referred to in subsections (2) and (3), any period of continuous occupation by the person concerned of the dwelling as a licensee (whether that period begins before, on or after the Part 4 tenancy came into existence) may be counted with any continuous period of occupation by that person of the dwelling as a tenant that follows on immediately from it.
(6) For the purpose of, amongst other things, ensuring that the distinction that exists between licences and tenancies does not operate to frustrate the objectives of this Part in cases to which this Chapter applies, subsections (7) and (8) are enacted.
(7) A person who is lawfully in occupation of the dwelling concerned as a licensee of the tenant or the multiple tenants, as the case may be, during the subsistence of a Part 4 tenancy may request the landlord of the dwelling to allow him or her to become a tenant of the dwelling.
(8) The landlord may not unreasonably refuse to accede to such a request; if the request is acceded to—
(a) an acknowledgement in writing by the landlord that the requester has become a tenant of the landlord suffices for the purpose,
(b) the requester shall hold the dwelling—
(i) on the same terms, or as appropriately modified, as those on which the existing tenant or multiple tenants hold the dwelling (other than terms comprising the rights, restrictions and obligations which arise by virtue of a Part 4 tenancy being in existence in respect of the dwelling),
(ii) upon (if such be the case) subsection (3) being satisfied in respect of the requester, subject to the same rights, restrictions and obligations as those subject to which the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence holds the dwelling.
51.—(1) Without prejudice to subsection (3), no act done by any one or more of the multiple tenants of a dwelling that, apart from this subsection, would have either of the following results, namely—
(a) the termination of the Part 4 tenancy, or
(b) rendering the Part 4 tenancy liable to be terminated by the landlord,
shall have either such result if another of those tenants provides an explanation or information to the landlord from which a landlord acting reasonably in the circumstances would conclude that that act was done without that person's consent.
(2) For the purposes of subsection (1) a landlord acts reasonably in the circumstances concerned if—
(a) he or she requires the last-mentioned tenant in that subsection to provide such information or assistance as he or she may reasonably need to ascertain with whose consent (if any) and by whom the act concerned was done, and
(b) in case that requirement is not complied with, he or she concludes, on account of that non-compliance, that the act concerned was done with the tenant's consent.
(3) Instead of the result mentioned in paragraph (a) or (b) of subsection (1), an act referred to in that subsection that is shown to have been done without the consent of one or more of the other multiple tenants results in—
(a) the tenant responsible for the act (and any tenant who consented to that act) losing the benefit of the protection, if he or she otherwise has the benefit of it, of the Part 4 tenancy, or
(b) the rendering of the benefit for him or her (and any tenant who consented to that act) of that protection, if he or she otherwise has the benefit of it, liable to be terminated by the landlord in accordance with this Part as adapted by subsection (4),
(4) For the purposes of subsection (3), any provision of this Part which—
(a) provides for the termination of a Part 4 tenancy,
(b) renders such a tenancy liable to termination by the landlord, or
(c) makes provision incidental to, or consequential on, the foregoing,
shall, in relation to a case to which that subsection applies, be construed and operate as a provision which, as appropriate—
(i) provides for the loss of the benefit of the protection of the Part 4 tenancy for the tenant or tenants concerned,
(ii) renders the benefit for that tenant or those tenants of that protection liable to be terminated by the landlord, or
(iii) makes provision incidental to, or consequential on, the matter referred to in paragraph (i) or (ii).
(5) Without limiting the generality of the foregoing, such adaptation of this Part allows the landlord to obtain a determination under Part 6 requiring the tenant who is in default to vacate possession of the dwelling concerned (without prejudice to the other multiple tenant's or tenants' possession of the dwelling).
(6) For the purpose of subsection (4), Part 5 has effect as if every provision it makes with respect to a notice of termination were a provision with respect to a notice terminating the benefit of the protection of the Part 4 tenancy concerned.
(7) In this section a reference to the doing of an act includes the making of an omission.
52.—For the avoidance of doubt, neither—
(a) the vacating of possession of the dwelling concerned by the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence in respect of that dwelling, nor
(b) the death of that tenant,
of itself, deprives the other multiple tenant or tenants of the benefit of that tenancy's protection.
53.—The conferral of the benefit of the protections under this Part on a person referred to in section 50 (2) or (3) shall not be read as operating to bring into existence a separate Part 4 tenancy in his or her favour as respects the dwelling concerned.
54.—(1) No provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the relevant date) may operate to vary, modify or restrict in any way a provision of this Part.
(2) This section is without prejudice to section 26 (which allows more beneficial rights for a tenant than those accorded by this Part).
55.—(1) For the avoidance of doubt, occupation under a Part 4 tenancy or a further Part 4 tenancy shall be reckoned for the purposes of section 13 (1)(b) of the Landlord and Tenant (Amendment) Act 1980 .
(a) a termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section, nor
(b) a termination under section 42 ,
of a Part 4 tenancy or a further Part 4 tenancy shall be regarded as a termination of that tenancy for the purposes of section 17 (1)(a) of the Landlord and Tenant (Amendment) Act 1980 .
56.—(1) This section applies where—
(a) a tenant under a Part 4 tenancy, or under a further Part 4 tenancy, has vacated possession of the dwelling concerned on foot of a notice of termination served under section 34 (a),
(b) that notice of termination cited as the reason for the termination one or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 , and
(c) (i) in case the ground cited is that specified in paragraph 3 of that Table, the thing mentioned in that paragraph is not done within the period specified in that paragraph,
(ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.
(2) Where this section applies, the tenant may make a complaint to the Board under Part 6 that, by reason of the matters mentioned in subsection (1), he or she has been unjustly deprived of possession of the dwelling concerned by the landlord.
(3) An adjudicator or the Tribunal, on the hearing of such a complaint, may, if he or she or it considers it proper to do so, make—
(a) a determination comprising a direction that the landlord shall pay to the complainant an amount by way of damages for that deprivation of possession,
(b) subject to section 118 , a determination comprising a direction that the complainant be permitted to resume possession of the dwelling concerned, or
(c) subject to section 118 , a determination comprising both of the foregoing directions.
(4) Damages may not be directed to be paid to a particular person, in respect of the same deprivation of possession, under both subsection (3) and section 118 (1).
(5) If 2 or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 were cited in the notice of termination concerned, then paragraph (c) of subsection (1) shall be read as meaning that an omission of the kind mentioned in that paragraph must have occurred in relation to each of those grounds.
(6) For the avoidance of doubt—
(a) this section applies even though the tenant vacated possession of the dwelling only after a dispute in relation to the validity of the notice of termination was finally determined under Part 6 (but in such a case subsection (1) has effect as if the paragraph set out in the Table to this section were substituted for paragraph (c) of that subsection), and
(b) this section is without prejudice to the tenant's right to put in issue, in a dispute in relation to the validity of the notice of termination referred to the Board under Part 6, the bona fides of the intention of the landlord to do or, as appropriate, permit to be done the thing or things mentioned in the notice.
(c) (i) in case the ground cited is that specified in paragraph 3 of that Table, the thing mentioned in that paragraph is not done within the period of 3 months after the dispute in relation to the validity of the notice of termination is finally determined,
(ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.
57.—The purpose of this Part is to specify the requirements for a valid termination by the landlord or tenant of a tenancy of a dwelling, whether the dwelling is—
(a) one to which this Act applies but to which Part 4 does not apply (by reason of the operation of section 25 ), or
(b) one to which both this Act and that Part applies (in which case those requirements are in addition to the requirements of that Part with regard to the termination of a Part 4 tenancy or a further Part 4 tenancy).
58.—(1) From the relevant date, a tenancy of a dwelling may not be terminated by the landlord or the tenant by means of a notice of forfeiture, a re-entry or any other process or procedure not provided by this Part.
(2) Accordingly, the termination by the landlord or the tenant of—
(a) more beneficial rights referred to in section 26 that the tenant enjoys under a tenancy than those created by Part 4, or
(b) a tenancy to which section 25 applies,
must be effected by means of a notice of termination that complies with this Part.
(3) Each of the following—
(a) a tenancy referred to in subsection (2)(a) (unless it expressly excludes this means of termination),
(b) a tenancy referred to in subsection (2)(b), and
(c) a tenancy of a dwelling created before or after the relevant date in so far as its operation is not affected by Part 4,
shall be construed as including a term enabling its termination by means of a notice of termination that complies with this Part (but, in the case of a tenancy that is for a fixed period, unless it provides otherwise, only where there has been a failure by the party in relation to whom the notice is served to comply with any obligations of the tenancy).
59.—Subject to section 60 , neither—
(a) any rule of law, nor
(b) provision of any enactment in force immediately before the commencement of this Part,
which applies in relation to the termination of a tenancy (and, in particular, requires a certain period of notice or a period of notice ending on a particular day to be given) shall apply in relation to the termination of a tenancy of a dwelling.
60.—If, in every case or a particular case or cases in which a right of termination is to be exercised, the lease or tenancy agreement comprising the tenancy requires a greater period of notice to be given by a notice of termination than that required by this Part, then, subject to section 65 (4), that greater period of notice shall be given by that notice in (as appropriate) every such case or such particular case or cases.
61.—(1) A reference in this Part to a particular period of notice to be given by the notice of termination concerned is a reference to such a period that begins on the day immediately following the date of service of the notice.
(2) A reference in this Part to the duration of a tenancy is a reference to the period beginning on the day on which the tenancy came into existence or the relevant date, if later, and ending on the date of service of the notice of termination concerned.
62.—(1) A notice of termination to be valid shall—
(a) be in writing,
(b) be signed by the landlord or his or her authorised agent or, as appropriate, the tenant,
(c) specify the date of service of it,
(d) be in such form (if any) as may be prescribed,
(e) if the duration of the tenancy is a period of more than 6 months, state (where the termination is by the landlord) the reason for the termination,
(f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—
(i) on which the tenancy will terminate, and
(ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession),
(g) state that any issue as to the validity of the notice or the right of the landlord or tenant, as appropriate, to serve it must be referred to the Board under Part 6 within 28 days from the date of receipt of it.
(2) Subsection (1) is without prejudice to Chapter 4 and section 81 (3) (which specify additional requirements in respect of a tenancy that has been sub-let).
Date to be specified for purposes of section 62 (1)(f).
63.—For the purposes of section 62 (1)(f), the day that is to be specified in a notice of termination is the last day of—
(a) the period which, by reason of Chapter 3, is the period of notice to be given by that notice of termination, or
(b) such longer period of notice as the landlord or tenant (as appropriate) chooses, subject to section 65 (4), to give by that notice of termination.
64.—(1) For the avoidance of doubt, the specification in a notice of termination of a date as being its date of service does not comply with section 62 (1)(c) if any relevant step in the service of that notice remains untaken on that date.
(2) A relevant step in the service of a notice remains untaken for the purposes of subsection (1) if any of the steps that are within the power or control of the landlord or tenant or agent (as appropriate) to take for the purpose of effecting such service remains untaken.
(3) A reference in this Part to the date of service of a notice of termination is a reference to the date the specification of which, in the notice of termination, complies with subsection (1).
65.—(1) This Chapter states the period of notice to be given by a notice of termination.
(2) Nothing in this Chapter is to be read as requiring the period of notice concerned to be actually mentioned in the notice of termination; compliance with section 62 (1)(f) (which relates to the termination date) suffices for the purposes of communicating the length of notice being given.
(3) Subject to subsection (4), a greater period of notice than that required by this Chapter may be given if the landlord or tenant (as appropriate) so chooses.
(4) If the duration of the tenancy concerned is less than 6 months, a period of notice of more than 70 days may not be given in respect of it.
66.—(1) This section applies where the tenancy is being terminated—
(a) otherwise than by reason of the landlord's or tenant's failure to comply with any of the obligations of the tenancy, or
(b) by reason of such a failure but a condition in another section of this Chapter is required to be satisfied if the period of notice provided by that section is to apply and that condition is not satisfied.
(2) Where this section applies the period of notice to be given by the notice of termination is—
(a) in the case of a termination by the landlord, the period mentioned in column (2) of Table 1 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table, and
(b) in the case of a termination by the tenant, the period mentioned in column (2) of Table 2 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table.
(3) This section is subject to section 69 .
Termination by Landlord
Duration of Tenancy
6 or more months but less than 1 year
1 year or more but less than 2 years
2 years or more but less than 3 years
4 or more years
Termination by Tenant
67.—(1) This section applies where the tenancy is being terminated by the landlord by reason of the failure of the tenant to comply with any of the obligations of the tenancy.
(a) 7 days, if the tenancy is being terminated by reason of behaviour of the tenant that is—
(i) behaviour falling within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17 (1), or
(ii) threatening to the fabric of the dwelling or the property containing the dwelling,
(b) 28 days, if the tenancy is being terminated—
(i) for any other reason (but not a failure to pay an amount of rent due), or
(ii) for failure to pay an amount of rent due and the condition specified in subsection (3) is satisfied,
regardless of the duration of the tenancy.
(3) The condition mentioned in subsection (2)(b)(ii) is that the tenant has been notified in writing by the landlord that an amount of rent due has not been paid and 14 days elapse from the receipt of that notice without the amount concerned having been paid to the landlord.
(a) the tenancy is being terminated by the tenant by reason of the failure of the landlord to comply with any obligations of the tenancy, and
(b) in a case falling within subsection (2)(b), the condition specified in subsection (3) in relation to a termination in such a case is satisfied.
(a) 7 days, if the tenancy is being terminated by reason of behaviour of the landlord that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling or the property containing the dwelling, or
(b) 28 days, if the tenancy is being terminated for any other reason,
(3) The condition mentioned in subsection (1)(b) is—
(a) the landlord has been notified in writing of the failure concerned by the tenant, and
(b) the landlord does not remedy the failure within a reasonable time after being so notified.
(4) In subsection (3) “remedy the failure” means—
(a) in the case of a failure that does not result in financial loss or damage to the tenant or his or her property, to desist from the conduct that constitutes the failure, or if the failure consists of an omission to comply with an obligation, comply with that obligation, and
(b) in the case of a failure that does result in financial loss or damage to the tenant or his or her property—
(i) to pay adequate compensation to the tenant or repair the damage fully, and
69.—(1) Subject to subsection (2), the landlord or tenant may agree to a lesser period of notice being given than that required by a preceding provision of this Chapter and such lesser period of notice may be given accordingly.
(2) Such an agreement to a lesser period of notice being given may only be entered into at, or after, the time it is indicated to the tenant or landlord (as appropriate) by the other party that he or she intends to terminate the tenancy.
(3) For the avoidance of doubt, a term of a lease or tenancy agreement cannot constitute such an agreement.
(a) the tenancy (“the head-tenancy”) of the dwelling concerned is the subject of a sub-tenancy (“the sub-tenancy”), and
(b) the landlord under the head-tenancy proposes to terminate the head-tenancy.
(2) Where this section applies, a notice of termination in respect of the head-tenancy must, in addition to its complying with section 62 , state whether or not the landlord under the head-tenancy requires the head-tenant to terminate the sub-tenancy.
(3) If a requirement to terminate the sub-tenancy is stated in such a notice, then, in addition to its being served on the head-tenant, a copy of that notice must be served on the tenant of the sub-tenancy (“the sub-tenant”).
71.—(1) Where—
(a) section 70 applies,
(b) a requirement is stated in the notice of termination of the head-tenancy to terminate the sub-tenancy, and
(c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board, the head-tenant must, within 28 days from the receipt of that notice, comply with that requirement, that is to say, serve a notice of termination in respect of the sub-tenancy on the sub-tenant.
(2) “Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70 .
Procedures on foot of service of notice in cases not falling under section 71 .
(b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and
(c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,
the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant of the contents of that notice.
(2) Where—
(c) a dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,
the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant—
(i) of the contents of that notice, and
(ii) of the fact that that dispute has been referred to the Board.
(3) The particulars of the determination order (if any) made by the Board on foot of that reference must be notified by the head-tenant to the sub-tenant within 14 days from the receipt by the head-tenant of the order.
73.—(1) Subsection (2) applies where a notice of termination is being served in respect of a dwelling by all of the multiple tenants of the dwelling.
(2) Where this subsection applies, it suffices, for the purposes of section 62 (1)(b), that the notice of termination is signed by one of the multiple tenants if—
(a) the notice states it is signed by that person on behalf of himself or herself and the other tenant or tenants, and
(b) the other tenant or each other tenant is named in the notice.
(3) Any rule of law that a notice of termination served by any of 2 or more multiple tenants under a periodic tenancy of a dwelling without the concurrence of the other or others, or without the knowledge of the other or others, is effective to terminate that tenancy is abolished.
(4) In this section “multiple tenants” has the same meaning as it has in Chapter 6 of Part 4.
74.—(1) A person is guilty of an offence if—
(a) a notice of termination that is invalid purports to be served by the person (or on his or her behalf) in respect of a tenancy, and
(b) the person does any act, in reliance on the notice, that affects adversely, or is calculated to affect adversely, any interest of the person on whom the notice is served.
(2) In proceedings for an offence under this section, it is a defence to show that the defendant neither knew nor could reasonably be expected to have known of the existence of any fact that gave rise to the invalidity of the notice concerned.
(3) For the purposes of subsection (1), an act is done by a person in reliance on a notice if—
(a) its doing is accompanied or preceded by a statement made by the person (in writing or otherwise and however expressed) that it is being done, or will be done, in reliance on the notice, or
(b) in all the circumstances it is reasonable to infer that it is done in reliance on the notice.
(4) For the avoidance of doubt, references in this section to the doing of an act include references to the making of a statement (whether in writing or otherwise).
75.—(1) References in this Part to the referral of a matter to the Board for resolution are references to the referral of the matter for the purposes of mediation, a determination by an adjudicator or a determination by the Tribunal under this Part (or more than one of those things) being carried out or made in relation to it.
(2) References in this Part to a dispute include references to a disagreement and, unless the context does not admit of such a construction, a complaint mentioned in section 56 (2), 76 (4), 77 or 195 (4) or paragraph 8(2) of the Schedule to this Act.
(3) For the purposes of subsection (2) “disagreement” shall be deemed to include—
(a) any issue arising between the parties with regard to the compliance by either with his or her obligations as landlord or tenant under the tenancy,
(b) any matter with regard to the legal relations between the parties that either or both of them requires to be determined (for example, whether the tenancy has been validly terminated),
and, without prejudice to the generality of the foregoing, shall be deemed to include a claim by the landlord for arrears of rent to which the tenant has not indicated he or she disputes the landlord's entitlement but which it is alleged the tenant has failed to pay.
(4) References in this Part to a party, without qualification, are references to—
(a) a party to the dispute or disagreement concerned,
(b) in the case of proceedings referred to in section 23 to recover rent or other charges where the landlord or the person alleged to owe the rent or other charges is deceased, the personal representative of the landlord or that other person,
(c) the personal representative of the landlord or the tenant in any other case where, if the matter were a cause of action (within the meaning of the Civil Liability Act 1961 ), it would have survived for the benefit of, or against, the estate of the landlord or the tenant,
(d) in the case of a complaint mentioned in section 76 (4), the licensee and the landlord, and
(e) in the case of a complaint mentioned in section 77 —
(i) the complainant, and
(ii) the landlord of the dwelling concerned.
76.—(1) Either or both of the parties to an existing or terminated tenancy of a dwelling may, individually or jointly, as appropriate, refer to the Board for resolution any matter relating to the tenancy in respect of which there is a dispute between them.
(2) In the case of a tenancy that has been terminated a dispute as to the amount of any rent that had been agreed to or paid by the former tenant may not be referred by him or her to the Board for resolution at any time after the period of 28 days from the termination of the tenancy.
(3) The landlord may refer to the Board for resolution any matter relating to a dwelling in respect of which there is a dispute between the landlord and another, not being the tenant but through whom the other person claims any right or entitlement.
(4) A licensee referred to in section 50 (7) may refer to the Board for resolution a complaint by him or her that the landlord referred to in that provision has unreasonably refused to accede to a request of the licensee made under that provision.
Right of referral in respect of breach of duty under section 15 .
77.—(1) A person referred to in section 15 may, if the conditions specified in subsection (2) are satisfied, refer to the Board for resolution a complaint by him or her that the landlord of a dwelling has breached the duty owed to him or her under that section.
(2) The conditions mentioned in subsection (1) are—
(a) the referrer of the complaint is or was directly and adversely affected by the breach of duty alleged in the complaint, and
(b) before making the reference, the referrer, by communicating or attempting to communicate, with the relevant parties or former parties to the tenancy concerned, took all reasonable steps to resolve the matter (but this requirement shall not be read as requiring the institution of legal proceedings or those parties being given to understand that such proceedings might be instituted).
(3) For the purposes of facilitating the person's compliance with subsection (2)(b), the Board may furnish to a person who proposes to make a reference under this section the name and address of the landlord or his or her authorised agent (or the former landlord or his or her authorised agent) of the dwelling concerned if it appears to the Board that the first-mentioned person is a person who may make a reference under this section in relation to the matter concerned.
78.—(1) Without prejudice to the generality of sections 76 and 77 , the matters in respect of which disputes and, where appropriate, complaints may be referred to the Board for resolution include—
(a) the retention or refund of a deposit,
(b) the amount that ought to be initially set (in compliance with section 19 ) as the amount of rent under a tenancy,
(c) the time at which a review of rent referred to in Part 3 should take place or the amount of rent that should be determined on foot of that review,
(d) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement,
(e) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement,
(f) an allegation that the landlord has sought to terminate a tenancy other than in accordance with the provisions of Part 4,
(g) an allegation that the ground stated by the landlord for the purposes of terminating a tenancy was not valid or that the notice used to terminate a tenancy did not comply with this Act,
(h) the appropriate period of notice to be given by a notice of termination in respect of a tenancy,
(i) whether a tenancy stands terminated notwithstanding the absence of the service of a notice of termination by the tenant and where the tenant has allegedly vacated the dwelling concerned,
(j) an alleged failure by the tenant or other occupant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by the landlord,
(k) an alleged failure by a sub-tenant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by a head-tenant,
(l) a claim for recovery of costs or damages or both by a landlord or tenant in respect of a failure by either to comply with his or her obligations applicable to the tenancy including those contained in any lease or tenancy agreement,
(m) a claim for costs or damages or both by a landlord or tenant for the purported termination of a tenancy otherwise than in accordance with this Act,
(n) an alleged failure by a person to comply with a determination order made by the Board,
(o) an allegation that a landlord has contravened section 14 (prohibition on penalisation of tenants),
(p) an allegation that an agreement referred to in section 35 (6) has not been complied with,
(q) a claim by a landlord for arrears of rent or other charges.
(2) For the avoidance of doubt, a dispute may, subject to the provisions of this Part, be referred by a sub-tenant to the Board for resolution with regard to a notice of termination served in respect of the head-tenancy out of which the sub-tenant's tenancy arises whether or not such a dispute is also so referred by the head-tenant.
(3) On such a reference by the sub-tenant he or she shall have standing to put in issue any matter relating to the notice of termination concerned despite the head-tenant's—
(a) not having taken any issue with the head-landlord in relation to that matter, or
(b) having made any representation to the landlord or done any act that estops him or her from taking any such issue with the head-landlord, or
(c) not putting in issue that matter in any dispute so referred by himself or herself with regard to the notice of termination.
79.—There may be included in the same reference to the Board under section 76 or 77 disputes and, where appropriate, complaints in respect of 2 or more different matters.
80.—A dispute relating to the validity of a notice of termination which has been served or purported to be served may not be referred to the Board for resolution at any time after the period of 28 days has elapsed from the date of receipt of that notice.
Tenancies and subtenancies: referral of disputes concerning their termination.
81.—(1) The purpose of this section is to—
(a) limit, in certain circumstances, the right of referral to the Board by a sub-tenant of a dispute concerning the termination of the tenancy out of which his or her sub-tenancy arises, and
(b) require the tenant of such a tenancy (in addition to employing the procedures under Chapter 4 of Part 5) to make a certain inquiry of the sub-tenant before the tenant may himself or herself refer to the Board for resolution a dispute concerning the termination of that tenancy.
(2) If a landlord, in serving a notice of termination on a tenant in respect of a tenancy, requires the tenant to terminate any sub-tenancy arising out of the tenancy, the tenant shall, if the tenant intends to refer to the Board for resolution a dispute concerning the termination of the tenancy, require the sub-tenant to inform him or her, within 10 days from receipt of the notice mentioned in subsection (3), whether or not the sub-tenant intends to refer to the Board for resolution any dispute that the sub-tenant considers thereby arises or exists in the circumstances relating to the termination of the tenancy.
(3) That requirement shall be stated in the notice of termination required by the landlord to be served by the head-tenant on the sub-tenant.
(4) If a sub-tenant does not comply with the requirement mentioned in subsection (2) within the period specified in that subsection then the sub-tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned.
(5) If the tenant—
(a) does not comply with the second-mentioned requirement in subsection (2), then the tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned, or
(b) does comply with that requirement, the tenant may not refer to the Board for resolution such a dispute until 15 days elapse from the date of service of the notice concerned mentioned in subsection (3).
82.—(1) A party who has referred under this Part any matter to the Board may, at any stage, withdraw the matter.
(2) Subject to subsection (3), a party shall indicate his or her wish to withdraw such a matter by serving a notice in writing on the Board to that effect.
(3) If the matter is being dealt with by a mediator, an adjudicator or the Tribunal, it suffices for the party to indicate, orally to him or her or it, that the party is withdrawing the matter.
(4) Without prejudice to subsection (5), on oral or written notice, as appropriate, being given in respect of the withdrawal, the Board, the mediator, the adjudicator or the Tribunal shall consider the matter concerned withdrawn and, accordingly, shall not deal with it any further.
(5) On such notice being given to it or him or her, the Board, the mediator, the adjudicator or the Tribunal shall ascertain whether the other party to the dispute concerned objects to the withdrawal and, if he or she does so, the Board, mediator, adjudicator or Tribunal may direct that the party withdrawing the matter shall pay to the other party such costs and expenses incurred by that other party as it or he or she determines.
83.—(1) Subject to subsection (3), the Board shall not—
(a) deal initially with a dispute referred to it under this Part, or
(b) allow any other procedure under this Part to be followed in relation to a dispute referred to it under this Part,
if the fee of the specified amount prescribed by rules under section 109 in relation to that initial dealing or the following of that procedure has not been paid to it.
(2) Subject to subsection (3), the Board shall not deal with a dispute in relation to a tenancy referred to it under this Part by the landlord of the dwelling concerned if the tenancy is not registered under Part 7.
(3) The Board may, in the case of a default in payment of a particular fee or registration under Part 7 of a particular tenancy, notify the person or persons concerned of the default and afford the person or persons concerned a reasonable opportunity to rectify the matter; if the matter is rectified within a reasonable time the Board shall, subject to this Part, deal with the dispute or permit the other procedure to be followed in relation to it, as the case may be.
84.—(1) If the Board is of opinion that, in relation to a dispute referred to the Board—
(a) the dwelling, the subject of the dispute, is not a dwelling to which this Act applies,
(b) for any other reason, the dispute does not come within the Board's jurisdiction (including by reason of a failure to comply with any condition for its being referred to the Board),
(c) proceedings in any court in respect of the subject matter of the dispute, would, were they to be capable of being instituted at the date of the reference, be statute-barred, or
(d) the matter or matters concerned are trivial or vexatious,
then the Board shall serve a notice on the party who referred the matter to it stating that it is of that opinion and, unless the party establishes, in accordance with the following subsections, that the opinion is not well founded, that it will not (subject to subsection (6)) deal with the matter.
(2) For the purposes of subsection (1), the notice referred to in that subsection shall state that the party concerned may, within a period specified in the notice, make submissions to the Board as to why the party considers the opinion of the Board is not well founded.
(3) The Board shall consider any submissions made to it by that party within the period specified in the notice concerned.
(4) Unless the Board decides that any such submissions establish that the opinion of the Board referred to in subsection (1) was not well founded, the Board shall not, subject to subsection (6), deal with the dispute referred to it; the other party or parties to the dispute shall be notified in writing of a decision made by the Board that that opinion was not well founded and shall be furnished by the Board, on request, with a copy of the foregoing submissions (or, if they were not written submissions, a written summary of them prepared by the Board).
(5) The party who referred the dispute concerned to the Board or, as the case may be, any other party to the dispute may appeal to the Circuit Court against a decision of the Board (made in consequence of the procedures under this section having been employed) not to deal with or, as appropriate, to deal with the dispute.
(6) On the hearing of such an appeal the Circuit Court may, as it thinks fit, allow the appeal and direct the Board to deal with or, as appropriate, not to deal with the dispute concerned or dismiss the appeal; an appeal under this section shall be heard by the judge of the Circuit Court for the circuit in which the tenancy or dwelling is or was situated.
(7) For the purpose of subsection (1)(c), proceedings are statute-barred if a defence under the Statute of Limitations 1957 or any other limitation enactment is available in relation to them.
85.—(1) The Tribunal or an adjudicator shall, if the Tribunal or adjudicator is of opinion that paragraph (a), (b), (c) or (d) of section 84 (1) applies to a dispute with which it or he or she is dealing, not deal any further with the dispute.
(2) Subsection (1) does not apply if—
(a) previously the Board, in consequence of the procedures under section 84 having been employed by it in relation to the dispute, decided that an opinion formed by it (being a like opinion to that subsequently formed by the Tribunal or adjudicator) in relation to the dispute was not well founded, or
(b) a decision of the Board, in consequence of those procedures having been employed by it, in relation to the dispute (being a decision of a like kind to the opinion subsequently formed by the Tribunal or adjudicator) was the subject of an appeal under section 84 (5) and the Circuit Court, on that appeal, directed the Board to deal with the dispute.
86.—(1) Subject to subsection (2), pending the determination of a dispute that has been referred to the Board (but subject to that determination when it is made)—
(a) the rent payable under the tenancy concerned and the rent payable under any sub-tenancy arising out of it shall continue to be payable,
(b) if the dispute relates to the amount of rent payable, no increase in the amount of the rent may be made, and
(c) a termination of the tenancy concerned may not be effected.
(a) in the case of paragraph (a) of that subsection, the parties concerned agree to payment of the rent being suspended,
(b) in the case of paragraph (b) of that subsection, the parties concerned agree to an increase in the amount of the rent being made,
(c) in the case of paragraph (c) of that subsection (unless the dispute is a dispute specified in subsection (3)), the notice of termination concerned was served—
(i) before the dispute was referred to the Board for resolution, or
(ii) after the dispute was so referred and the required period of notice to be given by the notice of termination is 28 days or less and that period of notice has been given,
(d) in any of the cases, the dispute is not dealt with, or ceases to be dealt with, under this Part pursuant to section 82 , 83, 84 or 85.
(3) The dispute mentioned in subsection (2)(c) is a dispute relating to the validity of the notice of termination concerned or the right of the landlord or tenant, as appropriate, to serve it.
87.—If a dispute referred to the Board relates to the termination of a tenancy for failure by the landlord or tenant to fulfil his or her obligations relating to the tenancy, any remedial action taken by the other party subsequent to the receipt of the notice of termination shall not be taken into consideration by the Board, a mediator, an adjudicator or the Tribunal in dealing with the dispute.
88.—(1) The Board may, on application to it, extend the time limited by any provision of this or any other Part for the referral of a dispute to it for resolution.
(2) The Board shall not extend the time concerned unless the applicant for the extension shows good grounds for why the time should be extended.
(3) The reference in this section to the time limited by any provision of this or any other Part for the referral of a dispute to the Board for resolution includes a reference to the time limited by such a provision for fulfilling any condition precedent that is required by the provision to be fulfilled before a particular dispute may be referred to the Board for resolution.
(4) An appeal shall lie to the Circuit Court (by the applicant for the extension or, as the case may be, any other party to the dispute concerned) against a decision of the Board under this section to, as appropriate—
(a) refuse to extend the time concerned, or
(b) extend the time concerned,
and, on the hearing of such an appeal, the Circuit Court may, as it thinks fit, confirm, vary or cancel the decision of the Board.
(5) An appeal under this section shall be heard by the judge of the Circuit Court for the circuit in which the tenancy or dwelling concerned is or was situated.
89.—For the avoidance of doubt, any dispute that has been the subject of proceedings instituted in any court before the commencement of this Part and which proceedings were discontinued by agreement of the parties after such commencement but before the court made its final determination in the matter may be the subject of a reference to the Board under this Part.
90.—(1) Notwithstanding any other enactment or any provision of the agreement itself, an arbitration agreement shall not operate to preclude a dispute to which the agreement applies from being referred to the Board for resolution unless the tenant at or after the time the dispute arises consents to the dispute being referred to arbitration.
(2) In this section “arbitration agreement” has the same meaning as it has in the Arbitration Act 1954 .
91.—(1) To the extent that an alternative remedy is available in respect of any dispute falling within this Part and a person takes any steps to avail himself or herself of that remedy, that person may not refer the dispute to the Board for resolution.
(2) If a person, other than the person mentioned in subsection (1), refers a dispute to the Board for resolution, being a dispute—
(a) to which that other person is a party, and
(b) as respects which that other person takes or has taken steps of the kind mentioned in that subsection,
then the Board, a mediator, an adjudicator or the Tribunal may, in dealing with the dispute, take account (with regard to the relief that may be granted and to such extent as it or he or she considers just) of the existence of that alternative remedy.
92.—(1) As soon as practicable after a dispute is referred to it, the Board may communicate with the parties for the purpose of—
(a) endeavouring to ensure that they are fully aware of the nature of the issue or issues the subject of the reference, and
(b) in cases where it considers the dispute is due to some basic misunderstanding of either or both of them as to the rights or obligations of landlords and tenants, achieving the objective mentioned in subsection (2).
(2) That objective is to have the issue or issues between the parties resolved by agreement between them without recourse being needed to the other procedures in this Part.
(3) Without prejudice to the generality of subsection (1), the communications by the Board under this section with the parties may, where it would be of assistance to the parties, include an indication by the Board, based on appropriate assumptions stated to the parties, of the typical outcome of issues of the kind concerned being determined under this Part.
(4) Any such indication shall be communicated by the Board as fully to one of the parties as the other or others and the Board, in its communications generally with the parties under this section, shall bear in mind the right of the parties to invoke all of the procedures under this Part that are available to them.
93.—(1) Unless the steps (if any) taken under section 92 have resulted in the parties agreeing a resolution of the matter concerned, the Board shall request each of the parties to state whether he or she consents to the dispute being the subject of mediation under section 95 .
(2) If each of the parties states, in response to that request, that he or she consents to the dispute being the subject of such mediation the Board shall arrange for the matter to be the subject of mediation by a person appointed by it from amongst the panel of mediators under section 164 (4).
(3) If any of the parties fails to respond to a request under subsection (1) or responds by stating that he or she does not consent to the matter concerned being the subject of mediation under section 95 , the Board shall arrange for the matter to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164 (4).
Exceptions to section 93 : direct reference of matter to Tribunal, etc.
94.—Notwithstanding section 93 , the Board shall not be required to arrange for—
(a) mediation of the kind mentioned in that section in relation to a dispute if it has made an application to the Circuit Court under section 189 in relation to the dispute, in which case the Board may, as it thinks appropriate—
(i) arrange for the dispute to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164 (4), or
(ii) refer the dispute to the Tribunal,
(b) mediation or adjudication of the kind mentioned in that section in relation to a dispute if, in all the circumstances, it considers it would be more appropriate for it to refer the dispute to the Tribunal and refers it accordingly.
95.—(1) The following provisions apply to a mediation which the Board has arrange under section 93 in relation to a dispute.
(2) The person appointed under section 93 (2) to conduct the mediation (“the mediator”) shall inquire fully into each relevant aspect of the dispute concerned, provide to, and receive from, each party such information as is appropriate and generally make such suggestions to each party and take such other actions as he or she considers appropriate with a view to achieving the objective mentioned in subsection (3).
(3) That objective is to have the issue or issues between the parties resolved by agreement between them without further recourse to the procedures under this Part being needed.
(4) As soon as practicable after the mediation is completed, the mediator shall prepare a report containing the following—
(a) a statement of what matters, if any, relating to the dispute are agreed by the parties to be fact,
(b) a summary of the matter or matters, if any, whether they go in whole or part to resolving the dispute or not, agreed to by the parties (and this summary shall be contained in a document signed by each of the parties acknowledging that the matter or those matters are agreed to by them), and
(c) relevant particulars in relation to the conduct of the mediation (including particulars in relation to the number and duration of sessions held by the mediator and the persons who attended any such session) and a list of any documents submitted to the mediator (but without disclosing any of their contents).
(5) The mediator shall, after preparing a report under subsection (4), furnish a copy of it to the Director.
(6) There shall then be furnished to the Board by the Director—
(a) if the report contains a document of the kind mentioned in subsection (4)(b), a copy of that document (but not any other part of the report), or
(b) if the report does not contain such a document, a statement that no matters have been agreed to by the parties which resolve in whole or part the dispute (but not any part of the report).
Procedures to be followed on foot of Board's receipt of information under section 95 (6).
96.—(1) After the receipt by it of the document or statement referred to in section 95 (6), the Board shall serve a copy of the document or statement on each of the parties, together with the following notice.
(2) That notice is a notice requiring the party to inform the Board—
(a) if the information served on the parties indicates that there is agreement between the parties such as to resolve in whole the dispute concerned, whether that agreement still exists,
(b) if the information served does not indicate that to be the case, whether there now exists such an agreement between the parties.
(3) If—
(a) the Board is informed by the parties that an agreement of the kind referred to in subsection (2) exists, or
(b) in the case of paragraph (a) of subsection (2), one or more of the parties fails to indicate whether the agreement referred to in that paragraph still exists,
the Board shall, subject to subsection (4) and (5), follow the procedures under section 121 (which concerns the making of determination orders) in relation to the agreement.
(4) Those procedures shall not be followed—
(a) any sooner than 21 days, nor
(b) any later than 28 days,
from the date of service of the notice mentioned in subsection (2) on each of the parties (or if the date of service of the notice on each of them is not the same whichever of the dates of service is the later or latest).
(5) The Board shall also not follow those procedures, if one or more of the parties, having stated, in the course of being communicated with under the preceding subsections, that agreement of the kind referred to in subsection (2) exists, subsequently, (but not later than 21 days from service of the notice mentioned in subsection (2) on him or her) states to the Board that such agreement no longer exists.
(6) The Board shall, at the request of either or both of the parties, refer the dispute to the Tribunal for its determination if either—
(a) as a result of the steps taken under subsection (1), the Board ascertains that an agreement of the kind referred to in subsection (2) does not exist, or
(b) a statement of the kind referred to in subsection (5) is made to it.
97.—(1) The following provisions and sections 98 and 99 apply to an adjudication which the Board has arranged under section 93 (3) or 94 (a) in relation to a dispute.
(2) The person appointed under section 93 (3) or 94 (a) to conduct the adjudication (“the adjudicator”) shall inquire fully into each relevant aspect of the dispute concerned and provide to, and receive from, each party such information as is appropriate.
(3) For that purpose, the adjudicator may require either party to furnish to him or her, within a specified period, such documents or other information as he or she considers appropriate.
(4) The adjudicator shall determine the dispute by either—
(a) reaching a decision himself or herself in the matter, or
(b) subject to section 98 , declaring to the parties that he or she has adopted, as his or her determination of the dispute, a decision reached (through the adjudicator's assistance under subsection (5)) by the parties themselves in resolution of the matter,
and the reference in paragraph (a) to the adjudicator's reaching a decision in the matter shall be deemed to include a reference to his or her deciding not to deal with the dispute in accordance with section 85 .
(5) Where the adjudicator considers it would be of practical benefit, the adjudicator may provide assistance to the parties with a view to the parties themselves reaching a decision in resolution of the matter concerned; such assistance may include the adjudicator's stating to the parties any provisional conclusion he or she has reached in relation to any of the issues concerned.
(6) Any statement of such a conclusion shall—
(a) not be made in relation to any issue of fact which is in dispute between the parties, unless the parties request the making of such a statement,
(b) not be made before every document submitted to the adjudicator by the parties and any initial oral submissions made by them have been considered by the adjudicator, and
(c) be accompanied by a statement, whether oral or in writing, that the conclusion is of a provisional nature and its making does not absolve the adjudicator of his or her duty to determine the dispute impartially and in accordance with the requirements of procedural fairness.
(7) The adjudicator may, in his or her discretion, permit another person to appear on a party's behalf at any hearing before the adjudicator.
“Cooling-off” period for purposes of section 97 (4)(b).
98.—(1) A decision reached by the parties themselves in resolution of the matter concerned may not be the subject of a declaration under section 97 (4)(b) unless—
(a) a period of 21 days has elapsed from the date on which the parties first inform the adjudicator that such a decision has been reached by them, and
(b) in that period none of the parties has informed the adjudicator that he or she no longer accepts that decision.
(2) If, in the period mentioned in subsection (1), the adjudicator is informed by any of the parties that he or she no longer accepts the decision mentioned in that subsection, the adjudicator shall, subject to conducting any further hearings in the matter as he or she thinks appropriate, proceed to reach a decision himself or herself in the matter.
(3) The adjudicator shall indicate to the parties the effect of this section upon being first informed by them that a decision has been reached by them in resolution of the matter concerned.
(4) That indication of the adjudicator shall also include an indication that the decision reached is not capable of being appealed to the Tribunal and shall become binding on the parties on a determination order under section 121 being made in relation to it.
99.—(1) As soon as practicable after an adjudicator has made a determination under section 97 in relation to a dispute, the adjudicator shall prepare a report containing the following—
(b) a summary of the matters (whether they go in whole or part to resolving the dispute or not) agreed to by the parties,
(c) the terms of the determination made by the adjudicator,
(d) in the case of a determination under section 97 (4)(a), a summary of the reasons for the determination, and
(e) relevant particulars in relation to the conduct of the adjudication (including particulars in relation to the number and duration of hearings held by the adjudicator, the persons who attended any such hearing and any documents submitted to the adjudicator).
(2) The adjudicator shall, after preparing a report under subsection (1), furnish a copy of it to the Board.
(3) After the receipt by it of a report under subsection (2), the Board shall serve on each of the parties a copy of the report and the following statement.
(4) That statement is one to the effect that the Board will follow the procedures under section 121 (which concerns the making of determination orders) in relation to the determination of the adjudicator unless, in the case of a determination under section 97 (4)(a), an appeal is made under, and in accordance with, section 100 against the determination and that appeal is not subsequently abandoned.
100.—(1) One or more of the parties may appeal to the Tribunal against a determination of an adjudicator under section 97 (4)(a).
(2) Such an appeal shall be made within 21 days from the date the Board serves on the party the report and statement referred to in section 99 (3).
101.—(1) In respect of a matter dealt with by him or her under this Chapter, the mediator or adjudicator shall—
(a) declare to the parties at the outset of dealing with the matter any potential conflict of interest of which he or she is aware or ought reasonably be aware,
(b) act at all times in accordance with the highest standards of the professional body, if any, of which he or she is a member,
(c) maintain the confidentiality of the proceedings concerned and shall not disclose any report prepared by him or her under section 95 (4) or 99 , otherwise than in accordance with those sections.
(2) Where a declaration referred to in subsection (1)(a) is made to the parties then, unless the parties agree to the mediator or the adjudicator continuing to deal with the matter, the Board shall appoint another person from amongst the panel of mediators or adjudicators under section 164 (4) to deal with the matter.
(3) References in this Part to the person appointed under section 93 (2) or (3) or section 94 (a) to conduct the mediation or adjudication concerned shall be construed as including references to the person appointed for that purpose pursuant to subsection (2).
(4) Subject to any rules under section 109 , the manner in which a mediation or adjudication is conducted shall be at the discretion of the mediator or adjudicator concerned but it shall be the duty of that person to ensure that the mediation or adjudication is conducted without undue formality.
102.—(1) From time to time as occasion requires the Board shall cause to be constituted, for the purposes of this Part, one or more tribunals which or each of which shall be known as a “Tenancy Tribunal”.
(2) A reference in section 103 or any other provision of this Act to the “Tribunal” is a reference to whichever of the tribunals constituted under this section the provision concerned falls to be applied.
103.—(1) The number of members of the Tribunal shall be 3.
(2) Each of the members of the Tribunal shall be a person who is, for the time being, a member of the Dispute Resolution Committee.
(3) The members of the Tribunal shall be appointed by the Board.
(4) One of the members of the Tribunal shall be the chairperson of the Tribunal; subject to subsection (5), the Board shall determine which of the members shall be the chairperson.
(5) If a member of the Board is a member of the Tribunal he or she shall be the chairperson of the Tribunal or, if 2 or more members of the Board are members of the Tribunal, whichever of them the Board determines shall be the chairperson.
(6) The Tribunal shall be independent in the performance of its functions.
(7) A decision of a majority of the members of the Tribunal suffices for any purpose.
104.—(1) This section and the other sections of this Chapter contain the principal provisions regarding the procedures to be adopted by the Tribunal in relation to the determination by it of a dispute, whether that dispute—
(a) has been referred to it by the Board under section 94 (which provides for the direct reference of a matter without mediation or adjudication taking place in relation to it),
(b) has been referred to it by the Board under section 96 (6) (which provides for the reference of a matter after mediation has not resulted in the matter being resolved), or
(c) is the subject of an appeal under section 100 from a determination of an adjudicator of the matter.
(2) The Tribunal shall hold one or more hearings for the purposes of determining the dispute.
(3) The parties to the dispute shall be given by the Tribunal notice (to be of the duration specified in subsection (5)) of the holding of a hearing.
(4) The following information shall be included in such a notice—
(a) the date, time, venue and purpose of the hearing,
(b) an outline of the substance of the matters to be dealt with at the hearing,
(c) an outline of the procedures to be adopted at the hearing,
(d) a reference to the provisions of this Act and any rules made under it that are relevant to the holding of the hearing,
(e) a statement that the Tribunal will, unless substantial grounds arise for its deciding to do otherwise, proceed with the hearing at the date and time concerned notwithstanding that a party does not attend the hearing,
(f) a statement that the Tribunal will determine the dispute notwithstanding that a party does not take part in the proceedings before the Tribunal, and
(g) any other information the Tribunal considers appropriate.
(5) The duration of the notice under subsection (3) shall be—
(a) at least 21 days beginning on the date of the giving of the notice, or
(b) such lesser period as the Board may specify where—
(i) one or more of the parties requests the Board to specify such a period and the other party or parties consent to such a specification, or
(ii) the dispute concerns alleged behaviour by the landlord or the tenant that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling concerned or the property containing that dwelling.
(6) Each of the parties shall be entitled to and be given the opportunity to be heard at the hearing and to be represented and to present evidence and witnesses before the Tribunal.
(7) In the case of an appeal under section 100 , the Tribunal may have regard to the report of the adjudicator.
105.—(1) The Tribunal may require that the evidence of a witness before it be given on oath.
(2) Each witness of a party before the Tribunal (including the party as a witness) may be cross-examined by or on behalf of every other party.
(3) For the purposes of its functions under this Part, the Tribunal may—
(a) summon witnesses to attend before it,
(b) administer an oath, and
(c) require any person to produce to the Tribunal any document in his or her power or control.
(4) A witness before the Tribunal shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.
(5) Any person who—
(a) on being duly summoned as a witness before the Tribunal and having had tendered to him or her the sum, if any, which has been directed under subsection (6)(a) to be paid in respect of the expenses of his or her attendance makes default in attending,
(b) being in attendance as a witness refuses to take an oath legally required by the Tribunal to be taken, or to produce any document in his or her power or control legally required by the Tribunal to be produced by him or her, or to answer any question to which the Tribunal may legally require an answer, or
(c) does any other thing which, if the Tribunal were a court having power to commit for contempt of court, would be contempt of such court,
is guilty of an offence.
(6) The Tribunal may, out of moneys at the disposal of the Board, direct that the whole or part of the reasonable expenses—
(a) that will be incurred by a person summoned to attend before it in so attending, or
(b) that have been incurred by a person summoned to attend before it in so attending,
shall, as it thinks appropriate, be paid to him or her before he or she so attends or, as the case may be, be re-imbursed to him or her.
106.—(1) Proceedings before the Tribunal shall be conducted in public; this is without prejudice to an order that may be made under subsection (2).
(2) In the particular circumstances of a case, if the Board considers it appropriate to do so, it may make an order directing that the identities of all or one or more of the parties to a dispute over which the Tribunal has jurisdiction shall not be disclosed.
(3) A person who contravenes an order under subsection (2) is guilty of an offence.
107.—The Tribunal may adjourn the hearing by it of a matter until a date specified by it.
108.—(1) Unless it has sooner made a determination of the kind specified in subsection (2), the Tribunal shall, on completion of its hearing in relation to the dispute, make its determination in relation to the dispute and notify the Board of that determination.
(2) The determination firstly mentioned in subsection (1) is a decision by the Tribunal not to deal with the dispute in accordance with section 85 ; such a determination shall be notified to the Board by the Tribunal.
109.—(1) The procedure to be followed under this Part in relation to a dispute shall, subject to this Part, be such as shall be determined by the Board by rules made by it with the consent of the Minister.
(2) Without prejudice to the generality of subsection (1), rules under this section may—
(a) specify the forms to be used for referring a dispute to the Board under this Part,
(b) require specified notifications to be given in respect of the referral of a dispute to the Board under this Part,
(c) specify that a fee of specified amount shall be paid to the Board in respect of the Board's initially dealing with a dispute or the following of any other procedure under this Part in relation to it,
(d) specify the period within which—
(i) a mediator or adjudicator must be appointed under section 93 (2) or (3) or section 94 (a) to deal with or determine a dispute referred to the Board,
(ii) a mediator or adjudicator must furnish his or her report under section 95 or 99 to the Board,
(iii) the Board must serve the documents referred to in subsection (1) of section 96 on each of the parties and ascertain the matters referred to in that section,
(iv) the Board must serve the documents referred to in section 99 (3) on each of the parties,
(v) a dispute must be referred under section 94 , 96(6) or 100 to the Tribunal,
(vi) the Board must, from the date of receipt by it of a determination of an adjudicator under section 97 (4)(a) (contained in a report made to it under section 99 ), make a determination order on foot of that determination,
(vii) the Tribunal must, from the date of a dispute being referred to it, or a determination in relation to a dispute being appealed to it, arrange a hearing in relation to the dispute,
(viii) the Tribunal must, from the date of completion by it of a hearing or hearings in relation to a dispute, make its determination in relation to the dispute,
(ix) the Board must, from the date of receipt by it of a determination of the Tribunal under section 108 make a determination order on foot of that determination, and
(x) the Board must make an application under section 124 to enforce a determination order on being notified that that order is not being complied with.
(3) In the absence of a specification, by rules under this section, of the period within which a thing referred to in a provision of this Act specified in subsection (2)(d) must be done, the provision shall be construed as requiring the thing to be done as soon as practicable after the doing of the thing that immediately precedes it.
110.—The title to any lands or property shall not be drawn into question in any proceedings before a mediator, an adjudicator or the Tribunal under this Part.
111.—(1) Subject to subsection (3), a mediator, an adjudicator or a member of the Tribunal or the Board who is dealing with a dispute under this Part may, for the purposes of his or her functions under this Part, enter and inspect any dwelling to which the dispute relates.
(2) The powers under subsection (1) may be exercised in relation to a dwelling to which a dispute relates even though the dwelling is occupied by a person who takes no part in the proceedings concerned or initially takes part in them but subsequently withdraws from them.
(3) The powers under subsection (1) shall not, without the consent of that person, be exercised in relation to a dwelling occupied by a person referred to in subsection (2) unless, at least 24 hours before the date on which the person concerned intends to exercise those powers, he or she serves on the first-mentioned person a notice of that intention.
(4) A person mentioned in subsection (1) may authorise in writing a person who he or she is satisfied has an expertise in any area relevant to the dispute concerned (for example, engineering, valuation or surveying) to exercise the powers under that subsection in relation to the dwelling concerned; a person so authorised shall, if requested, produce to any person concerned his or her authorisation under this subsection before exercising the powers under subsection (1).
(5) A person who obstructs or impedes a person mentioned in subsection (1), or a person authorised under subsection (4), in the exercise of his or her powers under this section is guilty of an offence.
112.—(1) A mediator or adjudicator shall not disclose to any person any statement or information of a confidential nature made or supplied to the mediator or adjudicator in connection with the performance of his or her functions under this Part unless one or more of the conditions specified in subsection (2) is complied with.
(2) The conditions referred to in subsection (1) are—
(a) the person who makes the statement or supplies the information consents to its disclosure,
(b) the mediator or adjudicator has reasonable grounds for believing that the disclosure is necessary to prevent or reduce the danger of injury to any person or damage to any property,
(c) the disclosure is for the purpose of proceedings for an offence under section 113 ,
(d) it would not be possible for the mediator or adjudicator to deal with or determine the dispute concerned without disclosing the statement or information.
(3) A statement or information is of a confidential nature for the purposes of subsection (1) if—
(a) it was expressed to be of such a nature by the maker or supplier of it to the mediator or adjudicator, or
(b) from the circumstances in which it was made or supplied to him or her or its subject matter, the mediator or adjudicator ought reasonably to have concluded that it was of such a nature.
113.—A person is guilty of an offence if—
(a) he or she makes a statement or supplies information to an adjudicator, the Tribunal or the Board in connection with the performance by the adjudicator, Tribunal or Board of his or her or its functions under this Part in relation to a dispute,
(b) that statement or information is false or misleading in a material respect, and
(c) the person knows that that statement or information is so false or misleading.
114.—(1) Any report or other document prepared, or communication made, by the Board, the Tribunal, a mediator or an adjudicator for the purposes of, or in connection with, proceedings under this Part dealt with by it or him or her shall, for the purposes of the law of defamation, enjoy absolute privilege.
(2) Any report or other document prepared, or communication made, by the Board, the Tribunal, a mediator or an adjudicator that does not fall within subsection (1) but which is prepared or made for the purposes of, or in connection with, the performance by it or him or her of functions under this or any other Part of this Act shall, for the purposes of the law of defamation, enjoy qualified privilege.
115.—(1) A power conferred by this Part on an adjudicator or the Tribunal to make a determination in relation to a dispute includes a power to make such declarations or give such directions as the adjudicator or the Tribunal thinks appropriate for the purpose of providing relief to one, or more than one as appropriate, of the parties.
(2) Without prejudice to the generality of subsection (1) and the subsequent provisions of this Chapter, one or more of the following declarations or directions, as appropriate, may be made or given in respect of a dispute—
(a) a direction that a specified amount of rent or other charge shall be paid on, or on and from, or by a specified date,
(b) a declaration as to whether or not an amount of rent set under a tenancy of a dwelling complies with section 19 (1) (and if the declaration is that that amount does not so comply, the declaration shall be accompanied by an indication by the adjudicator or the Tribunal as to what amount, in his or her or its opinion, would comply with section 19 (1)),
(c) a direction as to the return or payment, in whole or in part, of the amount of a deposit,
(d) a direction that a specified amount of damages or costs or both be paid,
(e) a direction that a dwelling be quitted by a specified date,
(f) a declaration as to the validity or otherwise of a notice of termination of a tenancy,
(g) a declaration with regard to the right to return to, or continue in, occupation of a dwelling (and such a declaration may include provision to the effect that any period of interruption in possession that has occurred is to be disregarded for one or more purposes),
(h) a declaration that a term of a lease or tenancy agreement is void by reason of section 184 ,
(i) in the special circumstances of a dispute heard under this Part, a direction that the whole or part of the costs or expenses incurred by the adjudicator or the Tribunal in dealing with the dispute shall be paid by one or more of the parties.
(3) The amount (or, as appropriate, the aggregate of the amounts), other than costs or expenses of whatsoever kind, that an adjudicator or the Tribunal may direct to be paid to a party in respect of the matter (or, as appropriate, all of the matters) the subject of a dispute referred to the Board for resolution shall not exceed—
(a) if the amount or amounts consist solely of damages — €20,000,
(b) if the amount or amounts consist solely of an amount or amounts by way of arrears of rent or other charges — €20,000 or an amount equal to twice the annual rent of the dwelling concerned, whichever is the higher (but subject to a maximum under this paragraph of €60,000),
(c) if the amount or amounts consist of both damages and an amount or amounts referred to in paragraph (b)—
(i) in so far as the amount or amounts consist of damages — €20,000,
(ii) in so far as the amount or amounts consist of such other amount or amounts — €20,000 or an amount equal to twice the annual rent of the dwelling concerned, whichever is the higher (but subject to a maximum under this subparagraph of €60,000).
116.—If—
(a) the determination of an adjudicator or the Tribunal includes a direction that a dwelling, the subject of a tenancy, be quitted by a specified date,
(b) that tenancy is one out of which a sub-tenancy has been created, and
(c) the landlord, when he or she served a notice of termination on the tenant in respect of that tenancy, required the tenant to terminate that sub-tenancy,
then the determination may include a direction requiring the subtenant to quit the dwelling by a specified date.
117.—(1) In addition to the powers conferred by this Part with respect to the determination of disputes, an adjudicator or the Tribunal, in dealing with a dispute, may give such directions as he or she or it thinks appropriate for the purpose of providing relief of an interim nature to one, or more than one as appropriate, of the parties.
(2) Such a direction shall indicate that the relief it provides for may not necessarily be the relief provided for by the final determination made in the matter.
(3) As soon as such a direction is given, the adjudicator or the Tribunal shall reduce it to writing and forward it immediately to the Board.
(4) This section is without prejudice to section 189 and the power under subsection (1) may not be exercised in a manner which is inconsistent with or would derogate from any interim or interlocutory relief granted by the Circuit Court under that section.
118.—(1) If the inclusion of a direction in a determination that a party (“the first-mentioned person”) be permitted to resume possession of a dwelling, the subject of a tenancy, would cause hardship or injustice to a person (“the second-mentioned person”) not party to the dispute who is in possession of that dwelling, then the determination may, instead of including such a direction, include—
(a) a declaration that the first-mentioned person was wrongfully deprived of possession of the dwelling, and
(b) a direction that damages of a specified amount be paid by the landlord to that person in respect of that deprivation.
(2) In deciding whether the inclusion in a determination of a direction of the kind firstly mentioned in subsection (1) would cause hardship or injustice to the second-mentioned person, the matters to which regard shall be had shall include—
(a) the length of time the second-mentioned person has been in possession of the dwelling concerned,
(b) any involvement the second-mentioned person may have had in the first-mentioned person being deprived of possession of the dwelling, and
(c) any knowledge the second-mentioned person may have had, before he or she took possession of the dwelling, of the existence of a dispute concerning the right of the first-mentioned person to possession of the dwelling.
(3) The second-mentioned person shall be afforded an opportunity to make submissions with regard to whether a determination should include a direction of the kind firstly mentioned in subsection (1); if necessary, for that purpose, the proceedings concerned shall be adjourned and the second-mentioned person notified of the matter.
119.—(1) Any amount of arrears stipulated to be paid by a determination shall be the gross amount of the rent and other charges (if any) concerned which the adjudicator or the Tribunal considers to be in arrears as reduced by—
(a) any relevant debts due, in the opinion of the adjudicator or the Tribunal, by the landlord to the tenant in accordance with section 48 of the Landlord and Tenant Law Amendment Act Ireland 1860 ,
(b) any set-off for expenditure on repairs the tenant would be entitled to make under section 87 of the Landlord and Tenant (Amendment) Act 1980 ,
(c) any compensation due by the landlord to the tenant in circumstances where section 61 of the Landlord and Tenant (Amendment) Act 1980 applies,
(d) any other amount which the adjudicator or the Tribunal considers warranted in the circumstances of the case,
and as increased by any amount that the adjudicator or the Tribunal, in all the circumstances of the matter, considers appropriate in respect of—
(i) costs reasonably incurred by the landlord in pursuit of the arrears of rent,
(ii) damages,
(iii) an amount in respect of the cost of any repairs which fell to be carried out by reason of the failure of the tenant to comply with section 16 (f).
(2) A determination of an adjudicator or the Tribunal in respect of an amount referred to in subsection (1) shall, if any of paragraphs (a) to (d) or paragraphs (i) to (iii) of that subsection have had to be applied in calculating the amount, indicate how the amount was calculated by reason of the application of the paragraph or paragraphs concerned.
120.—(1) If the dispute being dealt with by a mediator, adjudicator or the Tribunal relates to the amount of the rent that ought to be set under a tenancy at a particular time or as to when a review of such rent ought to take place, the circumstances, financial or otherwise, of the landlord or tenant may not be taken into consideration—
(a) by the mediator in taking any of the steps mentioned in section 95 , or
(b) by the adjudicator or the Tribunal in determining the dispute.
(2) The reference in subsection (1) to the setting of the rent under a tenancy shall be construed in accordance with section 19 (2).
121.—(1) Each of the following—
(a) an agreement mentioned in a report of a mediator under section 95 (4),
(b) a determination mentioned in a report of an adjudicator under section 99 ,
(c) a determination of the Tribunal notified to the Board under section 108 ,
(d) a direction given by an adjudicator or the Tribunal under section 82 (5) or 117 ,
shall be the subject of a written record (in this Act referred to as a “determination order”) prepared by the Board and issued by it to the parties concerned.
(2) A determination order shall contain the terms of the agreement, determination or direction concerned; those terms may be expressed in the order in a manner different from the manner in which they are expressed in the agreement, determination or direction if the Board considers it appropriate to do so for the purpose mentioned in subsection (3).
(3) That purpose is to remove any ambiguity that the Board considers exists in the terms of the agreement, determination or direction or to clarify, generally, those terms in a manner that it considers will be of benefit to the parties or will facilitate compliance with the agreement, determination or direction.
(4) In considering whether it is appropriate to exercise the power under subsection (2) with respect to the terms of a particular agreement or determination referred to in paragraph (a) or (b) of subsection (1), the Board shall have regard to—
(a) in the case of such an agreement, the relevant document furnished to it under section 95 (6),
(b) in the case of such a determination, the relevant report of the adjudicator furnished to it under section 99 (2).
(5) In the case of doubt as to whether it is appropriate to exercise that power the Board may also consult with, as appropriate, the mediator, the adjudicator or the Tribunal and with the parties themselves.
(6) The seal of the Board shall be affixed to a determination order.
(7) Subsection (1) is, in the case of an agreement to which paragraph (a) of that subsection applies, subject to subsections (4) and (5) of section 96 .
(8) The reference in subsection (1)(b) to a determination mentioned in a report of an adjudicator under section 99 does not include a reference to such a determination against which an appeal has been made under, and in accordance with, section 100 unless that appeal has been subsequently abandoned.
122.—(1) If, on consideration of a determination of the Tribunal, the Board is of opinion that the determination is not consistent with previous determinations of the Tribunal in relation to disputes of a similar nature to the dispute concerned then the Board may exercise the powers under subsection (2).
(2) Those powers are—
(a) to notify the members of the Tribunal who made the determination concerned of that opinion and request each of them to submit any views he or she has in relation to the matter to the Board,
(b) having had regard to the views, if any, submitted by those members to it, pursuant to that request, to notify the parties to the dispute concerned of that opinion and request each of them to indicate whether he or she consents to a fresh determination being made pursuant to paragraph (c) by the Tribunal in relation to the dispute or wishes to make representations to the Board in relation to the matter,
(c) if the parties consent to such a fresh determination being made or the Board, having had regard to the representations, if any, made to it by one or more of them pursuant to the request under paragraph (b), considers it appropriate to direct the Tribunal to do so, to direct the Tribunal to make a fresh determination in relation to the dispute.
(3) The making of any such fresh determination shall be preceded by a re-hearing of the matter by the Tribunal and the provisions of Chapters 5 to 7 shall apply accordingly.
(4) For the purposes of subsection (1), one dispute is of a similar nature to another dispute if the issues involved in each of them are the same and the facts that gave rise to each of them, as appearing from any record kept by the Tribunal in relation to its proceedings or any other record available to the Board, are the same in all material respects.
123.—(1) A determination order embodying the terms of an agreement mentioned in a mediator's report under section 95 (4) or the determination of an adjudicator under section 97 shall become binding on the parties concerned on the order being issued to them.
(2) A determination order embodying the terms of a determination of the Tribunal shall, on the expiry of the relevant period, become binding on the parties concerned unless, before that expiry, an appeal in relation to the determination is made under subsection (3).
(3) Any of the parties concerned may appeal to the High Court, within the relevant period, from a determination of the Tribunal (as embodied in a determination order) on a point of law.
(4) The determination of the High Court on such an appeal in relation to the point of law concerned shall be final and conclusive.
(5) The High Court may, as a consequence of the determination it so makes, direct the Board to cancel the determination order concerned or to vary it in such manner as the Court specifies and the Board shall cancel or vary the order accordingly; if the cancellation or variation directed to be made relates to a determination of the Tribunal not to deal with the dispute in accordance with section 85 , the Board shall, in addition, refer all or part, as appropriate, of the dispute to the Tribunal for determination by the Tribunal and the provisions of this Part shall, with any necessary modifications, apply to that determination.
(6) References in section 124 to a determination order shall, where that order embodies the terms of a determination of the Tribunal, be construed as references to—
(a) such an order as respects which an appeal against the determination embodied in it has not been made under this section within the relevant period or, if such appeal has been brought, it has been abandoned, or
(b) if such an appeal has been brought (and the result of the appeal does not require the Board to cancel the order under subsection (5)), as the case may be—
(i) such an order in the terms as it was originally made, or
(ii) such an order in the terms as it stands following the variation of it by the Board under subsection (5).
(7) The Board may publish, in such manner as it thinks fit—
(a) a determination order issued by it (including such an order as it stands varied by it under subsection (5)),
(b) notice of the cancellation of such an order under subsection (5) or section 125 .
(8) In this section “relevant period” means the period of 21 days beginning on the date that the determination order concerned is issued to the parties.
124.—(1) If the Board or a party mentioned in a determination order is satisfied that another party has failed to comply with one or more terms of that order, the Board or the first-mentioned party may make an application under this section to the Circuit Court for an order under subsection (2).
(2) On such an application and subject to section 125 , the Circuit Court shall make an order directing the party concerned (the “respondent”) to comply with the term or terms concerned if it is satisfied that the respondent has failed to comply with that term or those terms, unless—
(a) it considers there are substantial reasons (related to one or more of the matters mentioned in subsection (3)) for not making an order under this subsection, or
(b) the respondent shows to the satisfaction of the court that one of the matters specified in subsection (3) applies in relation to the determination order.
(3) The matters mentioned in subsection (2) are—
(a) a requirement of procedural fairness was not complied with in the relevant proceedings under this Part,
(b) a material consideration was not taken account of in those proceedings or account was taken in those proceedings of a consideration that was not material,
(c) a manifestly erroneous decision in relation to a legal issue was made in those proceedings,
(d) the determination made by the adjudicator or the Tribunal, as the case may be, on the evidence before the adjudicator or Tribunal, was manifestly erroneous.
(4) If, on the hearing of an application under this section, it appears by credible testimony that there is reason to believe the respondent will be unable to pay the costs of the applicant of so much of the hearing as relates to the determination of whether any of the matters specified in subsection (3) have been established by the respondent (in the event that none of them is established) the court may require sufficient security to be given for those costs.
(5) If the determination order, the subject of an application under this section, is one requiring a dwelling to be vacated and—
(a) the basis for that requirement is that the tenancy concerned was validly terminated by service of a notice of termination, and
(b) that notice was served by reason of the tenant's failure to pay an amount of rent due,
the court may, before hearing any arguments or receiving any evidence in relation to whether any of the matters specified in subsection (3) have been established, require the respondent to lodge in court or pay to the applicant, as it thinks appropriate, that amount of rent together with such amount as it specifies in respect of the dwelling's continued occupation by the respondent after the service of that notice.
(6) If the applicant under this section is not the Board, the respondent shall give notice to the Board that he or she proposes to oppose the application and the Board shall be entitled to appear and be heard at the hearing of the application.
(7) The court may make such ancillary or other orders as it considers just on the hearing of an application under this section.
(8) The Board may furnish to the registrar of the court such information derived from the register as, in its opinion, is likely to assist in the execution of an order made by the court under subsection (2) (including, if the court gives a direction authorising the Board to give that number to the registrar, the personal public service number of any party concerned).
(9) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the tenancy or dwelling concerned is or was situated.
125.—(1) A person who establishes to the satisfaction of—
(a) the Board, or
(b) if the determination order is the subject of an application under section 124 , the Circuit Court, on the hearing of that application,
that, in relation to a determination order embodying the terms of a determination of the Tribunal or an adjudicator, there are good and substantial reasons for his or her having failed to appear at the relevant hearing conducted by the Tribunal or the adjudicator, the Board or the Circuit Court may, subject to subsection (3), exercise the powers referred to in subsection (2).
(2) The powers mentioned in subsection (1) are to cancel the determination order and direct that a fresh determination of the matter shall be made by the adjudicator or the Tribunal as appropriate (and the making of any such fresh determination shall be preceded by a re-hearing of the matter by the adjudicator or the Tribunal and the provisions of Chapters 4 to 7 shall apply accordingly).
(3) The Board or the Circuit Court, as the case may be, may direct that that cancellation shall not have effect unless specified conditions are, within a specified period, complied with by the person referred to in subsection (1) (being conditions analogous to the terms the High Court may impose under the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) for setting aside a judgment obtained in circumstances where one of the parties did not appear at the trial concerned).
(4) Without prejudice to subsection (3), if it is sought to oppose an application under section 124 on the grounds that the determination order ought to be cancelled under this section, subsections (4) and (5) of section 124 shall apply as if references to the determination of, or evidence in relation to, whether any of the matters specified in subsection (3) of that section have been established include references to the determination of, or evidence in relation to, the issue as to whether the grounds for the court's exercising its powers under this section have been established.
(5) The Board, before deciding whether to exercise the powers under this section, shall afford the other party or parties concerned an opportunity to be heard.
(6) The reference in subsection (3) to the Rules of the Superior Courts is a reference to those Rules as amended for the time being; if those Rules should be revoked then the reference to them in that subsection shall be read as a reference to such rules corresponding to those Rules as may be for the time being in force.
126.—(1) A person who fails to comply with one or more terms of a determination order is guilty of an offence.
(2) Subsection (1) has effect notwithstanding the means provided under section 124 for enforcement of a determination order.
(3) A person convicted of an offence under this section shall not be sentenced to any term of imprisonment in respect of that offence if he or she shows that the failure to comply with the term or terms concerned was due to his or her limited financial means.
127.—(1) The Board shall, as soon as practicable after the establishment day, establish and maintain a register which shall be known as the “private residential tenancies register” and is in this Act referred to as the “register”.
(2) There shall be registered in the register each tenancy of a dwelling in the State the subject of an application for registration made under, and in accordance with, this Part.
(3) The form of the register, the types of information to be contained in it, the format of any aspect of that information and any other matters relevant to the maintenance of the register shall be such as the Board determines from time to time.
(4) Save under and in accordance with this Act and subject to subsection (5), no information contained in the register shall be disclosed to any person.
(5) Subsection (4) does not apply to a disclosure of information contained in the register by—
(a) a member of the Board,
(b) a member of a committee of the Board,
(c) a member of staff of the Board,
(d) a mediator or adjudicator, or
(e) a person whose services are provided to the Board under section 167 ,
in the performance of any of his or her functions under this Act, being a disclosure the making of which is necessary for the performance by him or her of any such function.
128.—(1) The Board shall, as soon as practicable after the establishment of the register, prepare a document (in this Act referred to as the “published register”).
(2) Subject to subsections (3) and (4), the published register shall consist of an extract of the information contained in the register.
(3) The extent of that extract shall be such as the Board determines is likely to make the published register useful to members of the public.
(4) The published register shall not contain any information, as respects a particular dwelling, that discloses or could reasonably lead to the disclosure of—
(a) the identity of the landlord or the tenant or tenants of the dwelling,
(b) the amount of the rent payable under a tenancy of the dwelling.
(5) The form of the published register, the format of any aspect of the information contained in it and any other matters relevant to its maintenance shall be such as the Board determines from time to time.
129.—(1) The published register shall be kept at an office that is designated, for the time being, by the Board for that purpose.
(2) The published register shall be made available for inspection, at all reasonable times, at that office and by such other means, if any, as the Board may determine.
(3) A fee of such amount as the Board determines to be reasonable may be charged in respect of the inspection of the published register.
130.—The register and the published register may each be prepared and maintained otherwise than in a legible form but only if that form allows the particular register to be converted into a legible form and any entry in it to be copied or reproduced in a legible form.
131.—(1) Without prejudice to section 128 , the Board may publish details concerning the private rented sector derived from the register, being details of an aggregated nature.
(2) In this section—
“details of an aggregated nature” means details of such a nature as could not reasonably lead to a disclosure of the kind mentioned in section 128 (4) occurring;
“private rented sector” has the same meaning as it has in section 151 .
132.—(1) On application by the landlord or tenant of a dwelling, the Board shall, on being supplied by the landlord or tenant with such information as it may require for the purpose of confirming the identity of the applicant concerned, provide to him or her a copy of the entry in respect of that dwelling in the register.
(2) On application by a person who is not the landlord or tenant of a particular dwelling, the Board shall provide to him or her a copy of the entry in respect of that dwelling in the published register (but not the entry in the register).
(3) A fee of such amount as the Board determines to be reasonable may be charged in respect of the provision of a copy of an entry under subsection (1) or (2).
(4) A copy of an entry in the register or the published register purporting to be certified by an officer of the Board as being a true copy of that entry shall, without proof of that person's authority to so certify the copy, of any signature of the person appearing on the copy or that he or she is or was an officer of the Board, be received in evidence in any proceedings and shall be presumed to be such a copy unless the contrary is shown.
(5) Evidence that any particular matter in respect of a dwelling stood registered in the register on a particular date may be given by the production of a copy of the entry in respect of that dwelling under subsection (4) and which copy bears that date beside, or as part of, the certification mentioned in that subsection.
Confirmation to parties to tenancy as to particulars specified in an application under section 134 .
133.—(1) Either party to a tenancy of a dwelling may request the Board to confirm to him or her what are the particulars specified in an application made under section 134 to register the tenancy.
(2) The Board shall comply with such a request if it is satisfied, having been supplied by the person making the request with such information as it may require, that the person is a party to the tenancy.
134.—(1) The landlord of a dwelling shall apply to the Board to register the tenancy of the dwelling under this Part.
(2) An application under this section shall be made—
(a) in the case of a tenancy that commences on a date that falls 3 or more months from the commencement of this Part — within 1 month from the commencement of the tenancy,
(b) in the case of a tenancy that has commenced on a date falling before or after the commencement of this Part (other than one to which paragraph (a) applies but including one that commenced before the passing of this Act)—
(i) in case it commenced before the passing of this Act — within 3 months from the commencement of this Part,
(ii) in any other case — within whichever of the following periods expires the later—
(I) the period of 3 months from the commencement of this Part, or
(II) the period of 1 month from the commencement of the tenancy.
(3) An application under this section shall be in the prescribed form and, subject to subsection (4), be accompanied by the fee specified in section 137 .
(4) The foregoing requirement with respect to the application being accompanied by a fee does not apply in relation to an application (the “relevant application”) by a person (the “applicant”) in respect of a particular dwelling (the “relevant dwelling”) if the application is made within the period specified in subsection (2)(a) or (b) and one of the following conditions is satisfied.
(5) Those conditions are that, in the 12 months preceding the relevant application—
(a) 2 applications, each accompanied by the fee specified in section 137 , have been made under this section by the applicant in respect of the relevant dwelling (and each within the period specified in subsection (2)(a) or (b)),
(b) the applicant has paid, in respect of several applications falling within subsection (3) of section 137 , the single fee referred to in subsection (2) of that section and the dwellings to which those several applications related included the relevant dwelling,
(c) an application, under the Housing (Registration of Rented Houses) Regulations 1996 and accompanied by the fee specified in those Regulations, to register a tenancy in respect of the relevant dwelling has been made by the applicant.
(6) An application under this section may not relate to more than one tenancy of a dwelling; accordingly separate applications under this section are required for separate tenancies.
Section 134 : supplemental provisions.
135.—(1) For the avoidance of doubt—
(a) a fresh application must be made under section 134 in respect of each new tenancy that is created in respect of a dwelling,
(b) the fact that a tenancy is continued in being as a Part 4 tenancy does not give rise to any requirement under section 134 to apply to register the Part 4 tenancy, and
(c) the coming into being of a further Part 4 tenancy in respect of a dwelling does, however, give rise to a requirement under section 134 to apply to register that further Part 4 tenancy.
(2) The form used for making an application under section 134 shall—
(a) be signed by the landlord of the dwelling concerned or his or her authorised agent and bear the date on which it is so signed, and
(b) be signed by the tenant or each of the tenants, as the case may be, of the dwelling concerned and bear the date or dates on which it is signed by the tenant or tenants.
(3) The Board shall assign a unique number to each application made under section 134 to register a tenancy and that number shall be used by the Board as the reference number for the tenancy when it is registered.
(4) An acknowledgement, in such form as the Board considers appropriate, shall be given to an applicant under section 134 of the receipt by the Board of his or her application and the fee mentioned in subsection (3) of that section.
(5) When an application under section 134 is received by the Board that is incomplete or is not accompanied by the fee mentioned in subsection (3) of that section, the Board shall notify the applicant of the omission concerned and afford him or her a reasonable opportunity to rectify the matter.
Particulars to be specified in application under section 134 .
136.—An application under section 134 shall contain the following particulars—
(a) the address of the dwelling,
(b) the name, address for correspondence and personal public service number (if any) of the landlord and, where the application is made by his or her authorised agent, the name, address for correspondence and personal public service number (if any) of the agent,
(c) if the landlord is a company, the registered number and registered office of that company,
(d) if (where the application is made by the landlord's authorised agent) the authorised agent is a company, the registered number and registered office of that company,
(e) the number of occupants of the dwelling,
(f) the name and, unless it cannot be ascertained by reasonable inquiry, personal public service number of the tenant, or (as the case may be) of each of the tenants, of the dwelling,
(g) the name of the housing authority in whose functional area the dwelling is situated,
(h) if the dwelling is one of a number of dwellings comprising an apartment complex, the name of the management company (if any) of the complex and the registered number and registered office of that company,
(i) a description of the dwelling, indicating—
(i) the estimated floor area,
(ii) the number of bed spaces,
(iii) a statement as to which of the following categories it belongs namely, a whole or part of a house, a maisonette, an apartment, a flat or a bedsitter and, in case it falls within the category of a house or maisonette, an indication as to whether the house or maisonette is detached, semi-detached or terraced, and
(iv) the number of bedrooms,
(j) the date the tenancy of the dwelling commenced,
(k) the amount of the rent payable under that tenancy, the frequency with which it is required to be paid and any taxes or other charges required to be paid by the tenant,
(l) if the tenancy is for a fixed term, the period of that term,
(m) if the tenancy consists of a sub-letting, an indication to that effect,
(n) the number assigned under section 135 (3) in respect of a previous tenancy that was registered under this Part in respect of the dwelling (but only if the particulars provided under paragraph (f) in respect of that tenancy were the same as those that are being provided, under that paragraph, in respect of the immediate tenancy), and
(o) such other matters as may be prescribed.
Fee to accompany application under section 134 .
137.—(1) The fee to accompany an application under section 134 shall, subject to subsections (2) and (6), be—
(a) if the application is made in the period of 12 months beginning on the commencement of section 134 , a fee of the amount of €70, or
(b) if the application is made in any subsequent period of 12 months—
(i) unless subparagraph (ii) applies, a fee of that amount, or
(ii) such fee of a greater or lesser amount as may stand declared for the time being under section 138 (1) for the purposes of this paragraph.
(2) The requirement under section 134 (3) for a fee specified in this section to accompany an application under section 134 shall be regarded as satisfied, as respects the applications mentioned in subsection (3), if the applicant mentioned in that subsection opts to pay to the Board a single fee of the amount specified in subsection (4) in respect of those applications.
(3) The applications referred to in subsection (2) are applications made by the same person at the same time in respect of tenancies of dwellings comprised in the same property.
(4) The amount of the single fee referred to in subsection (2) is—
(a) if the applications concerned are made in the period of 12 months beginning on the commencement of section 134 , €300, or
(b) if the applications concerned are made in any subsequent period of 12 months—
(i) unless subparagraph (ii) applies, €300, or
(ii) such greater or lesser amount as may stand declared for the time being under section 138 (1) for the purposes of this paragraph.
(5) The option of paying the single fee referred to in subsection (2) is not available to the person mentioned in subsection (3) if the applications concerned are not made within the period specified in section 134 (2)(a) or (b).
(6) If an application under section 134 is not made within the period specified in subsection (2)(a) or (b) of that section then the fee to accompany that application shall be a fee of an amount that is double the amount referred to in paragraph (a) or (b)(i) or, as the case may be, paragraph (b)(ii) of subsection (1).
138.—(1) If the Board is satisfied that, having regard to changes in the value of money generally in the State that have occurred in—
(a) any period ending on or before the date that falls 12 months after the commencement of section 134 , or
(b) any period subsequent to that date,
it is appropriate for it to declare a fee of a greater or lesser amount than—
(i) in the case of section 137 (1)(b)—
(I) €70, or
(II) the amount that was last previously declared (in exercise of the power under this section) for the purposes of that provision,
(ii) in the case of section 137 (4)(b)—
(I) €300, or
it may, subject to subsection (2), declare in writing, for the purposes of subsection (1)(b) or (4)(b) of section 137 , a fee of such a greater or lesser amount.
(2) The amount (expressed as a percentage) by which the amount of a fee declared under this section is greater or lesser than the amount of the relevant fee mentioned in subsection (1) shall be such as, in the opinion of the Board, approximates to the percentage increase or decrease in the value of money generally in the State that has occurred in—
(a) unless paragraph (b) applies, the period beginning on the commencement of section 134 and ending on the making of the declaration, or
(b) if the power under this section has previously been exercised for the purpose of subsection (1)(b) or (4)(b) of section 137 , as the case may be, the period beginning on the date that that power was last exercised and ending on the making of the declaration.
139.—(1) Within 1 month from an alteration of the rent payable under a tenancy registered in the register taking effect, the landlord under the tenancy shall furnish to the Board the information mentioned in subsection (2) in the prescribed form.
(2) That information is—
(a) the amount of that rent as it stands altered and the date from which that alteration took effect, and
(b) so far as any of the other matters in respect of which particulars were entered in the register in respect of the tenancy have changed in any material respect since, as appropriate—
(i) the tenancy was registered in the register, or
(ii) information in respect of them was last previously furnished to the Board under subsection (1),
particulars in respect of those other matters as they stand at the date of this furnishing of information under subsection (1).
(3) No fee shall be payable in respect of the furnishing to the Board of the information mentioned in this section.
(4) The Board, as soon as may be after receipt of the information mentioned in this section, shall amend the relevant particulars in the register with respect to the tenancy concerned.
140.—(1) If the Board becomes aware that any particular entered in the register is incorrect it shall amend the register to correct the matter.
(2) For the purpose of complying with subsection (1) and, in particular, for the purpose of determining what needs to be stated in the register by way of correction of the matter, the Board may make such inquiries as it thinks fit (whether of the landlord or tenant under the tenancy concerned or any other person).
141.—(1) Where, in the opinion of the landlord of the dwelling, a dwelling in respect of which a tenancy has been registered in the register has ceased to be a dwelling to which this Act applies, the landlord shall notify in writing the Board of that opinion and the grounds for it.
(2) That notification shall be made within 1 month from the date that, in the opinion of the landlord, the cessation concerned occurred.
(3) Having considered the grounds stated in a notification made to it under subsection (1), the Board shall—
(a) if it is satisfied that the dwelling concerned is no longer a dwelling to which this Act applies, delete the entry in the register in respect of the dwelling and notify the landlord of that deletion, or
(b) if it is not satisfied that the dwelling is no longer a dwelling to which this Act applies, notify the landlord that it is not so satisfied.
(4) For the avoidance of doubt, no refund of the whole or part of the fee charged under section 134 in respect of the registration under this Part of the dwelling concerned may be made to the landlord in a case to which subsection (3)(a) applies.
(5) Despite the deletion, under subsection (3)(a), of the entry in the register in respect of a tenancy of a dwelling, the Board may, if it considers it appropriate to do so for the purpose of its functions under section 151 , keep a record of all or any of the particulars in respect of that tenancy that were contained in the entry.
142.—In any proceedings under Part 6, it shall be presumed until the contrary is shown that the date stated in the register as the date on which the tenancy, the subject of the proceedings, commenced is the date on which that tenancy commenced.
143.—A person who, in purported compliance with section 134 or 139, furnishes information to the Board which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading is guilty of an offence.
144.—(1) If it appears to the Board that a particular tenancy that ought to be registered in the register has not been the subject of an application for registration under section 134 , it shall serve the notice referred to in subsection (2) on the person whom it considers to be the landlord under that tenancy.
(2) That notice is a notice—
(a) stating the Board's opinion that the tenancy mentioned in the notice is required to be registered in the register and, accordingly, that an application for registration of the tenancy under section 134 must be made by the addressee of the notice, and
(b) requesting the addressee of the notice to furnish to the Board, within a period specified in the notice, the reasons why the addressee considers (if such be the case) that the opinion is not well founded.
(3) If the addressee of the notice referred to in subsection (2)—
(a) does not furnish to the Board, in accordance with the notice, the reasons requested, or
(b) furnishes, in accordance with the notice, reasons to the Board which do not result in its altering the opinion stated in that notice,
the Board shall (unless an application has by then been made under section 134 to register the tenancy) serve a further notice on the addressee stating that he or she is required to apply to the Board under section 134 to register the tenancy in the register and that, if he or she fails to do so within 14 days from the receipt by him or her of the notice, he or she is guilty of an offence.
(4) A person who fails to comply with a notice under subsection (3) within the period of 14 days from the receipt by him or her of the notice is guilty of an offence.
(5) For the purpose of a person's complying with the requirement in a notice under subsection (2) or (3) to register a tenancy under section 134 , that section shall apply as if subsection (2) were omitted from it (but for that purpose only and not so as to affect the application of section 137 (6) (fee of double the ordinary amount to be paid on late application)).
(6) Proceedings for an offence under subsection (4) may not be brought if more than a year has elapsed between the date of service of the notice under subsection (2) and of the notice under subsection (3) in relation to the matter concerned.
(7) The reference in subsection (1) to a particular tenancy that ought to be registered shall be deemed to include a reference to a tenancy which, in the opinion of the Board, exists in respect of a dwelling and, accordingly, ought to be registered; where the Board is of that opinion in respect of a dwelling then the notice referred to in subsection (2) concerning that dwelling shall expressly state that as part of the opinion stated by the Board in the notice.
145.—(1) A person authorised in writing by the Board for the purposes of this section as respects the particular dwelling may, at all reasonable times, enter into and inspect a dwelling for the purposes of determining the correctness of any particular specified in an application made under section 134 in respect of a tenancy of that dwelling.
(2) A person shall not be authorised under subsection (1) unless the Board has reasonable grounds for believing that a particular specified in the application mentioned in that subsection is false or misleading in a material respect.
(3) A person who obstructs or impedes a person authorised under subsection (1) in the exercise by that person of his or her powers under that subsection is guilty of an offence.
(4) If it appears to the Board that a particular tenancy that ought to be registered in the register has not been the subject of an application for registration under section 134 it may, by service of a notice on the tenant under the tenancy, require the tenant to supply to it, within a period specified in the notice, the name and address of the landlord under the tenancy or, if those particulars are not known to the tenant, any information in the possession of the tenant that could reasonably lead to the Board's ascertaining the identity of the landlord or his or her address.
(5) A person who fails to comply with a notice under subsection (4) or supplies information to the Board in purported compliance with the notice which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading is guilty of an offence.
146.—(1) A local authority shall, at such intervals as are specified by the Board, supply to the Board such information in its possession as falls within any class of information specified by the Board for the purpose of this subsection, being a class of information the supply of which to the Board is reasonably necessary for the performance by the Board of its functions.
(2) The Minister for Social and Family Affairs shall, at such intervals as are specified by the Board, supply to the Board such information in his or her possession as falls within any class of information specified by the Board for the purpose of this subsection, being a class of information the supply of which to the Board is reasonably necessary for the performance by the Board of its functions.
(3) The Board shall, at such intervals as are specified by a local authority, supply to the local authority such information in the possession of the Board as falls within any class of information specified by the local authority for the purpose of this subsection, being a class of information the supply of which to the authority is reasonably necessary for the performance by the authority of its functions relating to houses, dwellings or other structures (either generally or those which have been provided by it).
(4) The Board shall, at such intervals as are specified by the Minister for Social and Family Affairs, supply to that Minister of the Government such information in the possession of the Board as is reasonably necessary for the performance by that Minister of his or her functions under Chapter 11 of Part III of the Social Welfare (Consolidation) Act 1993 .
147.—(1) A local authority shall, at such intervals as are specified by the Minister for Social and Family Affairs, supply to that Minister of the Government such information in its possession as falls within any class of information specified by that Minister for the purpose of this subsection, being a class of information the supply of which to that Minister is reasonably necessary for the performance by that Minister of his or her functions under Chapter 11 of Part III of the Social Welfare (Consolidation) Act 1993 .
(2) The Minister for Social and Family Affairs shall, at such intervals as are specified by a local authority, supply to the local authority such information in his or her possession as falls within any class of information specified by the local authority for the purpose of this subsection, being a class of information the supply of which to the authority is reasonably necessary for the performance by the authority of its functions relating to houses, dwellings or other structures (either generally or those which have been provided by it).
148.—(1) In this section “identification number” means—
(a) in the case of an individual, the individual's personal public service number, and
(b) in the case of a company, the registered number of the company.
(2) On the request of—
(a) a landlord of a dwelling, on his or her furnishing—
(i) his or her identification number, or
(ii) his or her name and the identification number of his or her authorised agent,
(b) the Revenue Commissioners, on their furnishing—
(i) the identification number of a landlord of a dwelling, or
(ii) the name of a landlord of a dwelling and the identification number of his or her authorised agent,
the Board shall, at such time or times as are reasonably specified in the request, furnish to the Revenue Commissioners—
(I) confirmation as to whether the landlord has registered a tenancy in respect of a dwelling, and
(II) in the event of there being one or more than one tenancy so registered, such of the particulars registered in respect of it or them as the Revenue Commissioners may require.
149.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Part.
150.—(1) On the establishment day there shall stand established a board to be known as An Bord um Thionóntachtaí Cónaithe Príobháideacha or, in the English language, the Private Residential Tenancies Board (in this Act referred to as “the Board”) to perform the functions conferred on it by this Act.
(2) The Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land, or an interest in land and to acquire, hold and dispose of any other property.
(3) The Board shall, subject to the provisions of this Act, be independent in the performance of its functions.
(4) The Board shall have all such powers as are necessary or expedient for or incidental to the performance of its functions under this Act.
151.—(1) The principal functions of the Board shall be—
(a) the resolution of disputes between tenants and landlords in accordance with the provisions of Part 6,
(b) the registration of particulars in respect of tenancies in accordance with the provisions of Part 7,
(c) the provision to the Minister of advice concerning policy in relation to the private rented sector,
(d) the development and publication of guidelines for good practice by those involved in the private rented sector,
(e) the collection and provision of information relating to the private rented sector, including information concerning prevailing rent levels,
(f) where the Board considers it appropriate, the conducting of research into the private rented sector and monitoring the operation of various aspects of the private rented sector or arranging for such research and monitoring to be done,
(g) the review of the operation of this Act (and, in particular, Part 3) and any related enactments and the making of recommendations to the Minister for the amendment of this Act or those enactments,
(h) the performance of any additional functions conferred on the Board under subsection (3).
(2) The Board shall provide information to the Minister on such matters related to its functions and the private rented sector as may be requested by the Minister from time to time.
(3) The Minister may, if he or she so thinks fit or if so requested by another Minister of the Government, after consultation with—
(a) the Board,
(b) that other Minister of the Government, and
(c) the Minister for Finance,
by order—
(i) confer on the Board such additional functions connected with the functions for the time being of the Board or activities that the Board is authorised for the time being to undertake as he or she considers appropriate,
(ii) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Board of functions under this subsection or the performance by the Board of functions so conferred.
(4) In this section “private rented sector” means the sector of commercial activity in the State consisting of the letting of dwellings.
152.—(1) Guidelines published under section 151 (1)(d) may include a precedent for a model lease of a dwelling.
(2) Such a precedent shall—
(a) contain all of the provisions necessary to make the lease of the dwelling concerned an instrument which is consistent with this Act and any other relevant enactments,
(b) be worded, so far as is practicable, in plain language, and
(c) to the extent necessary having regard to the requirements of paragraph (a), contain provisions best calculated to ensure harmonious relations between the parties to the lease as regards their conduct towards one and another in their capacity as such parties.
153.—(1) The members of the Board shall be such number, not less than 9 and not more than 15, as the Minister considers appropriate from time to time.
(2) The members of the Board shall be appointed by the Minister as soon as may be after the establishment day and shall be persons who, in the Minister's opinion, have experience in a field of expertise relevant to the Board's functions.
(3) Except as provided for by subsection (2), the members of the Board shall be appointed from time to time as occasion requires by the Minister.
(4) The Minister shall, in so far as is practicable, ensure an equitable balance between the numbers of members of the Board who are women and the number of them who are men.
(5) The Minister when appointing a member shall fix such member's period of membership which shall not exceed 5 years and, subject to this section, membership shall be on such terms as the Minister may determine.
(6) The members of the Board (including the chairperson) may be paid such remuneration as the Minister, with the consent of the Minister for Finance, may determine.
154.—(1) A member of the Board may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter or upon receipt of the letter by the Minister, whichever is the later.
(2) A member of the Board may, at any time, be removed from membership of the Board by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.
(3) A person shall cease to be, and shall be disqualified from being, a member of the Board where he or she—
(a) is adjudicated bankrupt,
(b) makes a composition or arrangement with creditors,
(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, or
(d) is disqualified or restricted from being a director of any company.
(4) If a member of the Board dies, resigns, becomes disqualified or is removed from membership, the Minister may appoint a person to be a member of the Board and fill the casual vacancy so caused.
(5) A member of the Board whose term of membership of the Board expires shall be eligible for re-appointment as a member of the Board.
155.—(1) The Minister shall appoint a person, from among the members of the Board, as chairperson of the Board.
(2) Where the chairperson of the Board ceases to be a member of the Board he or she shall also thereupon cease to be chairperson of the Board.
(3) The chairperson of the Board may at any time resign his or her office as chairperson of the Board while continuing to serve as a member of the Board and the resignation, unless previously withdrawn, shall take effect at the commencement of the meeting of the Board held after the Board has been informed by the Minister of the resignation.
(4) The chairperson of the Board shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2), hold office until the expiry of his or her period of membership of the Board and, if re-appointed as a member of the Board, shall be eligible for re-appointment as chairperson of the Board.
156.—(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.
(2) The Minister shall fix the date, time and place of the first meeting of the Board and the Board shall fix the date, time and place of subsequent meetings.
(3) The quorum for a meeting of the Board shall be 5.
(4) At a meeting of the Board the chairperson of the Board shall, if present, chair the meeting and if not present, or if the office of chairperson is vacant, the members of the Board present at the meeting shall choose one of their number to chair the meeting.
(5) At a meeting of the Board each person present, including the chairperson, shall have a vote and any question on which a vote is required so as to establish the Board's position on a matter shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second and casting vote.
(6) The Board may act notwithstanding one or more vacancies among its members (but this subsection is without prejudice to subsection (3)).
(7) Subject to the provisions of this Act, the Board may regulate its own procedures and business.
157.—(1) The Board may establish committees consisting in whole or in part of persons who are members of the Board—
(a) to assist and advise the Board on matters relating to any of its functions or on such matters as the Board may from time to time determine, or
(b) to perform such functions of the Board as may be delegated by it from time to time.
(2) Without prejudice to the generality of subsection (1), the Board shall establish a committee which shall be known and is in this Act referred to as the “Dispute Resolution Committee”.
(3) The Board, when appointing a member of a committee, shall—
(a) have regard to the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee,
(b) have regard to the desirability of such balance between the numbers of each sex on the committee as is appropriate and determined from time to time,
(c) fix the member's period of membership (which, in the case of a member of the Dispute Resolution Committee, shall not be less than a period of 3 years),
(d) fix the terms of his or her membership.
(4) The members of a committee may be paid by the Board such fees as the Board may determine, subject to the consent of the Minister and the Minister for Finance.
158.—(1) In this section “committee” means a committee established under section 157 .
(2) A member of a committee may be removed by the Board at any time for stated reasons.
(3) The acts of a committee and the performance by a committee of functions delegated to it under section 157 shall be subject to confirmation by the Board, unless the Board otherwise determines.
(4) The Board may, subject to this Act, determine the terms of reference and regulate, by standing orders or otherwise, the procedures and business of a committee including the filling of casual vacancies but, subject to any such regulation, a committee may regulate its own procedures.
(5) A committee shall appoint, from time to time, a chairperson from among its members.
(6) The Board may at any time dissolve a committee.
(7) A committee shall provide the Board with such information as the Board may from time to time require, in respect of its activities and operation, for the purposes of the performance of the functions of the Board.
(8) Subsections (4) to (6) do not apply to the Dispute Resolution Committee.
159.—(1) There shall be delegated to the Dispute Resolution Committee by the Board such of the functions of the Board under Part 6 (except those under sections 109 , 121 and 124 ) as the Board determines; functions under that Part may not be delegated to any other committee established under section 157 .
(2) The Dispute Resolution Committee shall consist of not more than 40 members, of which at least 4 must be members of the Board (including the member of the Board appointed as chairperson of the Dispute Resolution Committee).
(3) A member of the Board shall not be eligible for appointment as a member of the Dispute Resolution Committee unless the unexpired period of his or her term of office as a member of the Board is 3 or more years at the date of his or her appointment as a member of the Committee.
(4) The members of the Dispute Resolution Committee shall be appointed by the Board after consultation with the Minister.
(5) The Board, after consultation with the Minister, shall appoint a member of the Dispute Resolution Committee as chairperson of the Committee; that member must be a person who is also a member of the Board.
(6) The Dispute Resolution Committee shall adopt, subject to the approval of the Board and the Minister, rules and procedures for the conduct of its meetings and the performance of its functions generally.
(7) A member of staff of the Board shall act as secretary to the Dispute Resolution Committee.
160.—(1) There shall be a chief officer of the Board who shall be known and is referred to in this Act as the “Director”.
(2) The Director shall be appointed by the Board in accordance with procedures that have been determined by the Board with the consent of the Minister.
(3) The first appointment by the Board of a person to be the Director shall be made within 3 years from the establishment day.
(4) The Director may, at any time, for stated reasons be removed from office by the Board with the consent of the Minister.
(5) The Director shall carry on, manage and control generally the administration and business of the Board and perform such other functions as may be determined by the Board.
(6) The Director shall hold office for such period and upon and subject to such terms and conditions (including terms and conditions relating to remuneration) as may be determined from time to time by the Minister, after consultation with the Board and with the consent of the Minister for Finance.
161.—(1) The Director shall perform his or her functions subject to such policies as may be determined from time to time by the Board and shall be answerable to the Board for the efficient and effective management of the Board and for the due performance of his or her functions.
(2) The Director may delegate any of his or her functions to a member of staff of the Board (other than functions that have been delegated to the Director subject to a condition that they are not to be sub-delegated), and the member of staff shall be accountable to the Director for the performance of the functions so delegated.
(3) Notwithstanding subsection (2), the Director shall at all times remain accountable to the Board for the performance of functions delegated by him or her.
(4) The Director may make proposals to the Board on any matter relating to the activities of the Board.
(5) The Director shall not be a member of the Board or of any committee of the Board, but he or she may, in accordance with procedures established by the Board or a committee, as the case may be, attend meetings of the Board or the committee or both and shall be entitled to speak at and advise such meetings.
162.—(1) In addition to the Director, the Board may, from time to time, appoint such and such number of persons to be members of the staff of the Board as it may determine with the consent of the Minister and the Minister for Finance.
(2) The grades of the staff of the Board, the numbers of staff in each grade and the appropriate level of remuneration for each grade shall be determined by the Board with the consent of the Minister and the Minister for Finance.
(3) Subject to such conditions as it thinks fit, the Board may delegate to the Director any of the functions of the Board in relation to the employment of staff and the determination of selection procedures.
(4) The staff of the Board shall—
(a) be paid out of moneys available to the Board,
(b) perform such functions as determined from time to time by the Director, and
(c) hold office or employment for such period and upon and subject to such terms and conditions as may be determined from time to time by the Director, with the consent of the Minister and the Minister for Finance.
(5) Every member of the staff of the Minister designated by order made by the Minister for the purposes of this section shall, on being so designated, be transferred to and become a member of the staff of the Board.
(6) The Minister may make an order for the purposes of subsection (5) at any time but shall not do so without first having—
(a) notified in writing any recognised trade union or staff association concerned of the Minister's intention to do so, and
(b) considered, within such time as may be specified in the notification, any representations made by such trade unions or staff associations in relation to the matter.
(7) Except in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (5) shall not, while in the service of the Board, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than the scale of pay to which he or she was entitled and the terms and conditions of service to which he or she was subject immediately before his or her transfer into such service.
163.—(1) As soon as practicable after the establishment day, the Board shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Board as it may think fit.
(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.
(4) A scheme submitted by the Board under this section shall, if approved by the Minister, with the consent of the Minister for Finance, be carried out by the Board in accordance with its terms.
(5) Superannuation benefits granted under schemes under this section to persons, who immediately before their being designated by an order under section 162 , were members of the staff of the Minister, and the terms and conditions relating to those benefits, shall not be less favourable to those persons than those to which they were entitled immediately before such designation.
(6) No superannuation benefit shall be granted by the Board nor shall any other arrangements be entered into by the Board for the provision of such a benefit to or in respect of a member of the staff of the Board otherwise than in accordance with a scheme under this section or, if the Minister, with the consent of the Minister for Finance, sanctions the granting of such a benefit, in accordance with that sanction.
(7) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.
(8) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
164.—(1) The Board may from time to time appoint such and so many persons who shall be known and are in this Act referred to as “mediators” to carry out the functions assigned to them by the Board in accordance with Part 6.
(2) The Board may from time to time appoint such and so many persons who shall be known and are in this Act referred to as “adjudicators” to carry out the functions assigned to them by the Board in accordance with Part 6.
(3) The Board may appoint a person as both a mediator and an adjudicator.
(4) The Board shall form 2 panels, one comprising the names of the persons who stand appointed as mediators and the other comprising the names of the persons who stand appointed as adjudicators.
(5) Mediators and adjudicators shall each be appointed for such period (not being less than 3 years) as the Board may determine and shall be paid such fees and expenses as the Board, with the consent of the Minister and of the Minister for Finance, may determine from time to time; the other terms and conditions on which each of them shall stand appointed shall be such as the Board may determine from time to time.
(6) Those other terms and conditions shall, in relation to adjudicators, include such terms and conditions as are likely, in the opinion of the Board, to secure the independence and impartiality of the adjudicators.
(7) A mediator or adjudicator may at any time resign from his or her appointment as mediator or adjudicator.
(8) Neither the Civil Service Commissioners Act 1956 (or any enactment that replaces in whole or in part that Act) nor the Civil Service Regulation Acts 1956 to 1996 shall apply to a mediator or an adjudicator.
165.—(1) The Board may, in accordance with this section, remove an adjudicator from the panel formed under section 164 (4) (“the panel”).
(2) If it appears to the Board that an adjudicator has been guilty of misconduct in his or her capacity as an adjudicator, it may apply to the District Court for an order under subsection (3) authorising the removal of the adjudicator from the panel.
(3) On the hearing of an application under this section and having considered the evidence adduced by the Board in the matter and any evidence adduced by or on behalf of the adjudicator, the District Court shall, if it finds that the adjudicator has been guilty of misconduct in his or her capacity as an adjudicator, make an order authorising the Board to remove the adjudicator from the panel.
(4) On the making of such an order (or, if the order is appealed to the Circuit Court and the Circuit Court confirms the order, on the order being so confirmed), the Board shall remove the adjudicator from the panel.
(5) Save where the period of his or her appointment has expired or a failure (not amounting to misconduct) by him or her to comply with the terms and conditions upon which he or she was appointed occurs, an adjudicator shall not be removed from the panel otherwise than in accordance with this section or with his or her consent.
(6) In this section “misconduct” means any conduct likely to bring the procedures for determinations by adjudicators under Part 6 into disrepute and includes—
(a) any demonstration by an adjudicator of bias towards the interests of a party before him or her,
(b) gross discourtesy by an adjudicator to one or more of the parties before him or her, and
(c) wilful failure by an adjudicator to attend to his or her duties as an adjudicator.
166.—(1) Subject to such conditions (if any) as may for the time being stand specified by the Minister for the purposes of this section, the Board may from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Board out of moneys at its disposal.
(2) Any person who wishes to be engaged by the Board as a consultant or adviser pursuant to this section may notify the Board in writing of this fact and any notification for that purpose shall include particulars of the person's qualifications and experience.
(3) The Board shall maintain a list of the persons who notify the Board pursuant to subsection (2).
(4) The Board shall, in engaging a consultant or adviser under this section, have regard to the list maintained under subsection (3), but nothing in this subsection shall be construed as precluding the Board from engaging as a consultant or adviser a person whose name is not on that list.
(5) The Board shall include in its annual report under section 180 a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.
167.—(1) For the purposes of enabling the Board to perform its functions as and from the establishment day, the Minister may, for such period as he or she thinks appropriate, supply to the Board any services, including services of staff, required by the Board and the Board may avail itself of such services for which arrangements are made under this section.
(2) The supply of services of staff under subsection (1) may include the supply of services of a person to perform the functions of the Director under this Part and Part 6.
(3) For so long as the services of a person are provided for the purpose mentioned in subsection (2)—
(a) the functions mentioned in that subsection shall be performable by that person, and
(b) sections 160 (6) and 161 shall apply to that person.
168.—(1) Where the Board is satisfied that a person to whom this section applies has discharged the functions appropriate to that person in relation to the functions of the Board in good faith, it shall indemnify that person against all actions or claims however they arise in respect of the discharge by that person of those functions.
(2) This section applies to—
(d) a mediator or adjudicator,
(e) an adviser or consultant to the Board engaged under section 166 , and
(f) a person whose services are provided to the Board under section 167 .
169.—(1) Where a member of the Board or the Dispute Resolution Committee or a member of the staff of the Board—
(a) accepts nomination as a member of Seanad Éireann,
(b) is elected to either House of the Oireachtas or to the European Parliament,
(c) is regarded, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to that Parliament, or
(d) becomes a member of a local authority,
he or she shall thereupon—
(i) in the case of a member of the Board or the Dispute Resolution Committee, cease to be a member of the Board or that Committee,
(ii) in the case of a member of the staff of the Board, stand seconded from employment by the Board for the period specified in subsection (2).
(2) A person who stands seconded under subsection (1)(ii) shall not be paid by, or be entitled to receive from, the Board any remuneration in respect of the period commencing on such nomination or election or his or her membership of the local authority or the date on which he or she is so regarded as having been elected, as the case may be, and ending on the date on which he or she ceases to be a member of either such House or such Parliament or such local authority.
(3) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Board for the purposes of any superannuation benefits.
(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament or a member of a local authority shall, while he or she is so entitled or is such a representative or member, be disqualified from becoming a member of the Board or the Dispute Resolution Committee or a member of the staff of the Board.
170.—(1) Where a member of the Board, a member of a committee of the Board, a member of the staff of the Board or a consultant or adviser engaged under section 166 has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Board or a committee, he or she shall comply with the following requirements:
(a) he or she shall disclose to the Board the fact of such interest and the nature of the interest in advance of any consideration of the matter;
(b) he or she shall neither influence nor seek to influence a decision in relation to the matter;
(c) he or she shall take no part in any consideration of the matter;
(d) if he or she is a member of the Board or a committee or both or a member of the staff of the Board, he or she shall withdraw from any meeting concerned for so long as the matter is being discussed or considered and shall not vote or otherwise act as such Board or committee member or member of staff in relation to the matter.
(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest in, or material to, a matter referred to in that subsection if—
(a) the person or any member of his or her household, or any nominee of him or her or of his or her household, is a member of a company or any other body which has a beneficial interest in, or material to, such a matter,
(b) the person or any member of his or her household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,
(c) the person or any member of his or her household is a party to any arrangement or agreement (whether or not enforceable) concerning property to which such a matter relates, or
(d) any member of his or her household has a beneficial interest in, or material to, such a matter.
(3) A person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of the person or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or voting on any question with respect to the matter, or in performing any function in relation to that matter.
171.—(1) Where at a meeting or proceeding of the Board or a committee of the Board a question arises as to whether or not a course of conduct, if pursued by a person, would constitute a failure by the person to comply with the requirements of section 170 , then, if the meeting or proceeding is of a committee, it shall be adjourned until the question has been referred to and determined by the Board, and if the meeting is of the Board, the question shall be determined by the Board, whose decision in all cases shall be final, and particulars of the determination shall be recorded in the minutes of the Board's meeting.
(2) Where a disclosure is made under section 170 , the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being considered or discussed by the meeting, the person by whom the disclosure is made, where he or she is a member of the Board, shall not be counted in the quorum for the meeting unless the Board otherwise determines.
(3) A person who contravenes section 170 is guilty of an offence.
(4) In any proceedings for an offence under subsection (3), it shall be a defence for the defendant to prove that at the time of the alleged offence he or she did not know and had no reason to believe that a matter in which, or in relation to which, he or she had a beneficial interest had fallen to be considered by him or her, by the Board or by a committee of the Board or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of section 170 applied.
(5) A member of the Board, or of a committee of the Board, if convicted of an offence under subsection (3) shall, on such conviction, cease to be and be disqualified from being such a member.
172.—(1) Save as otherwise provided by law and subject to subsection (3), a person shall not, other than with the consent of the Board, disclose confidential information obtained by him or her while performing (or as a result of having performed) functions as—
(b) a member of the staff of the Board,
(c) a member of a committee of the Board,
(d) an adviser or consultant to the Board engaged under section 166 .
(3) Nothing in subsection (1) shall prohibit the disclosure of information by means of a report made to the Board or made by, or on behalf of, the Board to the Minister.
(4) In this section “confidential information” includes—
(a) information that is expressed by the Board or a committee of the Board, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description,
(b) proposals of a commercial nature or tenders submitted to the Board by contractors, consultants or any other person,
(c) information the disclosure of which is prohibited by virtue of section 128 (4).
(5) A member of the Board or of a committee of the Board, if convicted of an offence under subsection (2) shall, on such conviction, cease to be and be disqualified from being such a member.
173.—(1) The Board shall, as soon as may be after its establishment, provide itself with a seal.
(2) The seal of the Board shall be authenticated by the signature of—
(a) the chairperson of the Board or another member of the Board authorised by the Board to act in that behalf, and
(b) the Director or a member of the staff of the Board authorised by the Board to act in that behalf.
(3) Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal of the Board (purporting to be authenticated in accordance with subsection (2)) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.
174.—The Minister may, in each financial year, after consultation with the Board in relation to its proposed work programme and projected expenditure for that year, make to the Board a grant of such amount, as may be sanctioned by the Minister for Finance, out of moneys provided by the Oireachtas for the purposes of expenditure by the Board in the performance of its functions.
175.—(1) The Board may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Board or otherwise).
(2) The exercise of this power is subject to the consent of the Minister and the Minister for Finance and to such conditions as they may specify.
176.—(1) The Board may charge, receive and recover such fees as the Board may from time to time determine, subject to the consent of the Minister, in relation to the performance by the Board of its functions, the provision by it of services (other than a service consisting of the provision of information or advice to the Minister) and the carrying on by it of activities.
(2) Subsection (1) does not apply in respect of any fee provision for the charging for, or payment of, which is made by any other provision of this Act.
(3) Without prejudice to the generality of subsection (1), the Board may charge fees in respect of all or any of the following:
(a) access to records of determination orders made under section 121 ,
(b) provision of a sealed and certified copy of a determination order made under section 121 ,
(c) copies of publications produced by the Board,
(d) the provision of details of an aggregated nature under section 131 .
(4) The Board may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under this or any other provision of this Act.
(5) Fees received by the Board under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister may direct.
(6) The Public Offices Fees Act 1879 shall not apply to any fees payable under this Act.
177.—(1) The Director shall submit estimates of income and expenditure of the Board to the Minister in such form, in respect of such periods, and at such times as may be required by the Minister and shall furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the discharge by the Board of its functions over a period of years, as required.
(2) The Director shall consult with the Board in performing the functions under subsection (1) and may submit to the Minister any estimates, information, proposals or other matters under that subsection only after obtaining the Board's consent to do so.
(3) The Director, under the direction of the Board, shall cause to be kept on a continuous basis and in a legible or a machine readable form or both all proper books and records of account of all income and expenditure of the Board, and of the sources of such income and the subject matter of such expenditure, and of the property, assets and liabilities of the Board; the Director shall also keep and shall account to the Board for all such special accounts as the Minister or the Board, with the consent of the Minister, may from time to time direct should be kept.
(4) The financial year of the Board shall be the period of 12 months ending on 31 December in any year and, for the purposes of section 174 , this section and section 178 , the period commencing on the establishment day and ending on the following 31 December shall be deemed to be a financial year.
178.—(1) The Board, the Director and any relevant member of the staff of the Board shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Board in respect of any financial year or other period and shall facilitate any such examination, and the Board shall pay such fee therefor as may be fixed by the Minister.
(2) In subsection (1) “relevant member of the staff of the Board” means a member of the staff of the Board to whom there has been duly assigned functions relating to the books or other records of account referred to in that subsection.
(3) The accounts of the Board for each financial year shall be prepared in such a form and manner as may be specified by the Minister and be prepared by the Director and approved by the Board as soon as practicable but not later than three months after the end of the financial year to which they relate for submission, as soon as practicable, to the Comptroller and Auditor General for audit.
(4) A copy of such of the accounts referred to in subsection (3) as the Minister directs and the report of the Comptroller and Auditor General thereon shall be presented to the members of the Board and to the Minister, as soon as practicable after the audit of them is completed, and the Minister shall cause a copy of those documents to be laid before each House of the Oireachtas.
179.—(1) The Director shall, whenever he or she is so required by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—
(a) the regularity and propriety of the transactions recorded or required to be recorded in any account subject to audit by the Comptroller and Auditor General which the Director or the Board is required by or under statute to prepare,
(b) the economy and efficiency of the Board in the use of its resources,
(c) the systems, procedures and practices employed by the Board for the purpose of evaluating the effectiveness of its operations, and
(d) any matter affecting the Board referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.
(2) The Director shall, at the request in writing of any other Oireachtas Committee, attend before it and give evidence to it on any matter related to the functions of the Board.
(3) In subsection (2), “other Oireachtas Committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the committee referred to in subsection (1)) or a subcommittee of such a committee.
180.—(1) The Board shall, not later than 30 June in each year subsequent to the year in which the establishment day falls, make a report to the Minister (in this section referred to as the “annual report”) in such form as the Minister any approve, on the performance of its functions and activities during the preceding year and the Minister shall cause copies of each annual report to be laid before each House of the Oireachtas.
(2) Each annual report shall include information in such form and regarding such matters as the Minister may direct.
(3) The Board may, from time to time, make such other reports to the Minister relating to its functions as it thinks fit and shall, whenever so requested by the Minister, supply to the Minister such information, in addition to that provided in its annual report, regarding the performance of its functions as the Minister may from time to time require.
(4) The Board may publish such other reports on matters related to its activities and functions as it may from time to time consider relevant and appropriate.
181.—(1) The Board may, on its request, be furnished with reports on any matter which, in the Board's opinion, concerns the private rented sector by the appropriate Minister of the Government or local authority who or which has responsibility for the area to which the matter pertains.
(2) The Board may make a report furnished to the Board under this section available to the Minister.
(3) In this section “private rented sector” has the same meaning as it has in section 151 .
182.—(1) On and from the commencement of Part 6, proceedings may not be instituted in any court in respect of a dispute that may be referred to the Board for resolution under that Part unless one or more of the following reliefs is being claimed in the proceedings—
(a) damages of an amount of more than €20,000,
(b) recovery of arrears of rent or other charges, or both, due under a tenancy of an amount, or an aggregate amount, of more than €60,000 or such lesser amount as would be applicable in the circumstances concerned by virtue of section 115 (3)(b) or (c)(ii).
(2) In this section “dispute” has the same meaning as it has in Part 6.
183.—(1) The Minister may, from time to time, issue to the Board such guidelines in relation to the performance of its functions under this Act (other than functions under Part 6) as he or she considers appropriate and the Board shall have regard to such guidelines in the performance of those functions.
(2) The Minister may amend or revoke guidelines issued under this section.
184.—(1) A provision of a lease or tenancy agreement in relation to a dwelling that imposes an obligation on a party (the “first party”) to do or refrain from doing any thing is void if, from all the circumstances (including any of the matters specified in subsection (3)), it is a reasonable inference that the sole or main purpose for the provision being included is that mentioned in subsection (2).
(2) That purpose is to allow the other party (the “second party”) to serve a notice of termination in respect of the tenancy concerned (for a failure to comply with the provision) for any reason that suits the interests of that party at the particular time rather than because the failure to comply has occurred.
(a) the provision concerned cannot, in its ordinary operation, be reasonably regarded as conferring any practical benefit on the second party or in respect of his or her interest in the dwelling,
(b) compliance with the provision concerned by the first party is likely to be impracticable,
(c) the terms in which the provision concerned is framed are such that the situations in which the provision must be complied with and those in which it need not be complied with are arbitrary.
(4) Any tenancy or sub-tenancy of a dwelling (the “first-mentioned tenancy”) purported to be created is void if, from all the circumstances, it is a reasonable inference that it is a transaction not of a bona fide nature effected at arm's length but effected solely or mainly for the purpose of facilitating the termination (through collusion between some or all of the parties to that transaction) of any sub-tenancy created out of the first-mentioned tenancy.
(5) If the first-mentioned tenancy in subsection (4) is void by reason of that subsection any sub-tenancy created out of it that is not so void shall be deemed to be a tenancy held by the person in whose favour the sub-tenancy was granted from the person who purported to create the first-mentioned tenancy (but of no greater term than the term of the sub-tenancy).
185.—(1) A tenant of a dwelling who proposes to create in favour of any person a sub-tenancy out of the tenancy shall, before he or she—
(a) creates the sub-tenancy, or
(b) if its creation is preceded by the entering into of an agreement to create (whether the word “create” or any other word is used) such a tenancy, enters into that agreement,
inform the person of the fact that it is a sub-tenancy that will be created in the person's favour.
(2) A person who fails to comply with subsection (1) is guilty of an offence.
(3) If, in respect of the entering into of an agreement referred to in paragraph (b) of subsection (1), a failure to comply with that subsection occurs, the agreement shall not be enforceable by the tenant referred to in that subsection.
Tenant may terminate where consent to assignment or sub-letting withheld.
186.—(1) This section has effect—
(a) despite the fact that the tenancy concerned is one for a fixed period, and
(b) despite anything to the contrary in the lease or tenancy agreement concerned.
(2) If a landlord of a dwelling refuses his or her consent to an assignment or sub-letting of the tenancy concerned by the tenant, the tenant may serve a notice of termination in respect of the tenancy and terminate it accordingly.
(3) The period of notice to be given by that notice of termination is—
(a) that specified in section 66 , or
(b) such lesser period of notice as may be agreed between the landlord and the tenant in accordance with section 69 ,
even if the lease or tenancy agreement provides for a greater period of notice to be given.
187.—(1) This section applies where a tenant of a dwelling which is one of a number of dwellings comprising an apartment complex makes a complaint of the kind referred to in section 12 (1)(h) to the landlord of the dwelling and that complaint (the “relevant complaint”) is forwarded to the management company of the complex (the “relevant company”).
(2) Where this section applies the relevant company, in performing any of its functions in relation to the apartment complex concerned, shall have regard to the relevant complaint and shall furnish to the landlord mentioned in subsection (1) (for the purpose of its being forwarded to the tenant concerned) a statement in writing as to the steps, if any, it has taken to deal with the matter or matters to which the complaint relates.
188.—(1) A tenant of a dwelling which is one of a number of dwellings comprising an apartment complex may request the management company (if any) of the complex (“the company”) to furnish to him or her particulars in writing of the service charges made by the company in respect of the dwelling in a specified period and how those charges have been calculated.
(2) Subject to subsection (3), it shall be the duty of the company to comply with such a request.
(3) If the owner of the dwelling were to make a request of the company to furnish to him or her the particulars mentioned in subsection (1) and the company would not be obliged to furnish all of those particulars to him or her then the duty of the company under subsection (2) shall be read as extending only to the particulars that the company would be obliged to furnish to the owner were such a request to be made.
(4) In this section “service charges” means charges made by the company in respect of the performance of functions by it in relation to the apartment complex concerned.
189.—(1) In this section “dispute” means a dispute falling within the jurisdiction of the Board under Part 6.
(2) The following provisions have effect if the circumstances giving rise to or involving the dispute are such that, were proceedings in the Circuit Court to be brought in relation to the dispute, it would be appropriate to apply to that court for interim or interlocutory relief in the matter.
(3) On being requested by the person (the “referrer”) who has referred or is referring a dispute to it to do so, the Board may apply, on the referrer's behalf, to the Circuit Court for such interim or interlocutory relief in the matter as the Board considers appropriate.
(4) In deciding whether to accede to such a request the Board may have regard to—
(a) the merits, as they appear to it, of the referrer's contentions that will be dealt with by an adjudicator or the Tribunal,
(b) the amount of damages the Board is likely to have to pay to the respondent to the application (on foot of an undertaking required of it by the court to pay such damages) in the event such damages have to be paid, but the Board's opinion—
(i) that those contentions of the referrer are unlikely to be accepted by an adjudicator or the Tribunal, or
(ii) that the amount of those damages is likely to be substantial,
shall, in neither case, and without prejudice to subsection (5) be conclusive in favour of the Board's refusing to accede to the request if, in all the circumstances, the Board considers that it ought to accede to it.
(5) The fact of the Board's being of the opinion referred to in subsection (4)(ii) shall not be taken into account by it in deciding whether to accede to a request under subsection (3) if the referrer undertakes to defray in whole the amount of damages the Board may become liable to pay in the circumstances mentioned in subsection (4) and the Board is satisfied the referrer has the means to be able to comply with that undertaking.
(6) On application to the Circuit Court by the Board under this section, the Circuit Court may grant such interim or interlocutory relief in the matter as it thinks appropriate.
190.—(1) For the purpose of section 189 there is, by virtue of this section, vested in the Circuit Court, with the modifications specified in subsection (2), the jurisdiction vested in that court with respect to the grant, variation and discharge of interim or interlocutory relief in proceedings brought in that court in respect of any matter.
(2) The modifications mentioned in subsection (1) are that the rules of law (including those of equity) and enactments relating to the foregoing jurisdiction shall be construed and operate so as to enable the Circuit Court to—
(a) provide that any interlocutory relief granted by it, on foot of an application under section 189 , may have effect until the final determination of the dispute concerned under Part 6,
(b) if it considers it appropriate so to provide, authorise an adjudicator or the Tribunal, as the case may be, to include in his or her or its determination under section 97 or 108 in relation to a dispute an award of costs with respect to the application or applications under section 189 in the matter.
(3) Costs the subject of such an award may be taxed in the same manner as costs the subject of an award made by the Circuit Court.
191.—(1) In this section the “Act of 1980” means the Landlord and Tenant (Amendment) Act 1980 .
(2) On and from the relevant date, section 17(1)(a) of the Act of 1980 is amended by inserting the following subparagraph after subparagraph (iiia) (inserted by the Landlord and Tenant (Amendment) Act 1994 ):
“(iiib) if section 13(1)(b) applies to the tenement (and the tenement is a dwelling to which the Residential Tenancies Act 2004 applies), the tenant had completed and signed, whether for or without valuable consideration, a renunciation of his or her entitlement to a new tenancy in the tenement and had received independent legal advice in relation to such renunciation, or”.
(3) On and from the relevant date, section 85 of the Act of 1980 is amended by substituting the following subsection for subsection (2) (inserted by the Landlord and Tenant (Amendment) Act 1994 ):
“(2) Subsection (1) does not apply to a renunciation referred to in—
(a) subparagraph (iiia) (inserted by section 4 of the Landlord and Tenant (Amendment) Act 1994 ), or
(b) subparagraph (iiib) (inserted by section 191 of the Residential Tenancies Act 2004),
of section 17(1)(a).”.
192.—(1) In this section “Act of 1980” has the same meaning as it has in section 191 .
(2) Subject to subsection (3), on and from the fifth anniversary of the relevant date, Part II of the Act of 1980 shall not apply to a dwelling to which this Act applies.
(3) Subsection (2) does not have effect in relation to a dwelling in respect of which the tenant has served a notice of intention to claim relief under and in accordance with section 20 of the Act of 1980 before the fifth anniversary mentioned in that subsection.
(4) Subsection (3) is without prejudice to the generality of section 21 of the Interpretation Act 1937 .
193.—None of the following enactments applies to a dwelling to which this Act applies—
(a) section 42 of the Landlord and Tenant Law Amendment Act Ireland 1860 ,
(b) section 14 of the Conveyancing Act 1881 ,
(c) sections 2 , 3 and 4 of the Conveyancing and Law of Property Act 1892 ,
(d) sections 66 , 67 and 68 of the Landlord and Tenant (Amendment) Act 1980 , and
(e) section 16 of the Housing (Miscellaneous Provisions) Act 1992 .
194.—Subsections (1) to (4) of section 37 apply to a tenancy of a dwelling in so far as its operation is not affected by Part 4 or to which that Part does not apply as those subsections apply to a Part 4 tenancy.
195.—(1) In this section “relevant dwelling” means a dwelling, the subject of a tenancy that is for a fixed period of at least 6 months.
(2) The tenant of a relevant dwelling, if he or she intends to remain (on whatever basis, if any, that is open to him or her to do so) in occupation of the dwelling after the expiry of the period of the tenancy concerned, shall notify the landlord of that intention.
(3) That notification shall not be made to the landlord—
(a) any later than 1 month before, nor
(b) any sooner than 3 months before,
the expiry of the period of that tenancy.
(4) If a tenant fails to comply with subsection (2) and the landlord suffers loss or damage in consequence of that failure the landlord may make a complaint to the Board under Part 6 that he or she has suffered such loss or damage.
(5) An adjudicator or the Tribunal, on the hearing of such a complaint, may make a determination, if the adjudicator or the Tribunal considers it proper to do so, that the tenant shall pay to the complainant an amount by way of damages for that loss or damage.
196.—Nothing in this Act—
(a) authorises conduct prohibited by section 6 of the Equal Status Act 2000 , or
(b) operates to prejudice the powers under Part III of that Act to award redress in the case of such conduct.
197.—The Housing (Miscellaneous Provisions) Act 1997 is amended—
(a) in section 1, by—
(i) substituting “Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000 ” for “Housing Acts 1966 to 1997” in each place where those words occur, and
(ii) inserting the following definition after the definition of “housing authority”:
“ ‘relevant purchaser’ means—
(a) a person to whom a housing authority have sold a house under the Housing Acts 1966 to 2002, or
(b) a person in whom there subsequently becomes vested (whether for valuable consideration or not and including by means of inheritance) the interest of the person referred to in paragraph (a) of this definition in the house referred to in that paragraph;”,
(b) by substituting the following section for section 3:
“Excluding orders.
3.—(1) A tenant or relevant purchaser may, in respect of a house—
(a) let to the tenant by a housing authority, or
(b) in respect of which he or she is such a purchaser,
apply to the District Court for an order (to be known and referred to in this Act as an ‘excluding order’) against a person including, in the case of an application by a tenant, a joint tenant (referred to in this Act as ‘the respondent’) whom the tenant or relevant purchaser making the application believes to be engaging in anti-social behaviour.
(2) A housing authority may, in respect of a house referred to in subsection (1), apply to the District Court for an order (which shall also be known and is in this Act referred to as an ‘excluding order’) against a person, other than the tenant or relevant purchaser of the house, (in this Act also referred to as the ‘respondent’) whom the authority believe to be engaging in anti-social behaviour where the authority—
(a) having consulted the tenant or relevant purchaser and the health board in whose functional area the house is situate, believe that the tenant or relevant purchaser—
(i) may be deterred or prevented by violence, threat or fear from pursuing an application for an excluding order, or
(ii) does not intend, for whatever other reason, to make such an application,
(b) consider that, in the interest of good estate management, it is appropriate, in all the circumstances, to apply for the excluding order.
(3) Where the court, on application to it, is of the opinion that there are reasonable grounds for believing that the respondent is or has been engaged in anti-social behaviour it may by order—
(a) direct the respondent, if residing at the house in respect of which the application was made, to leave that house, and
(b) whether the respondent is or is not residing at the house—
(i) prohibit the respondent for the period during which the order is in force from entering or being in the vicinity of that house or any other specified house or being in or in the vicinity of any specified area, being an area one or more of the houses in which are under the control and management of a housing authority, or
(ii) prohibit the respondent, during the said period, from doing all or any of the things referred to in subparagraph (i) save where specified conditions are complied with.
(4) An excluding order may, if the court thinks fit, prohibit the respondent from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the tenant, relevant purchaser or other occupant of any house concerned.
(5) Where an excluding order has been made, the tenant, the relevant purchaser or the housing authority, as appropriate, or the respondent may apply to have it varied, and the court upon hearing the application shall make such order as it considers appropriate in the circumstances.
(6) An excluding order, whether made by the District Court or by the Circuit Court on appeal from the District Court, shall, subject to subsection (7) and section 9, expire three years after the date of its making or on the expiration of such shorter period as the court may provide for in the order.
(7) On or before the expiration of an excluding order to which subsection (6) relates, a further excluding order may be made by the District Court or by the Circuit Court on appeal from the District Court for a period of three years, or such shorter period as the court may provide for in the order, with effect from the date of expiration of the firstmentioned order.”,
(c) in section 3A (inserted by the Housing (Traveller Accommodation) Act 1998 ) by—
(i) substituting in subsection (2) the following paragraph for paragraph (a):
“(a) having consulted the authorised person concerned and the health board in whose functional area the site is situate, believe that such authorised person—
(i) may be deterred or prevented by violence, threat or fear from pursuing an application for a site excluding order, or
(ii) substituting in subsection (3) the following paragraph for paragraph (b):
“(b) whether the respondent is or is not residing at the site—
(i) prohibit the respondent for the period during which the order is in force from entering or being in the vicinity of that site or any other specified site or being on or being in or in the vicinity of any specified site, or
(ii) prohibit the respondent, during the said period, from doing all or any of the things referred to in subparagraph (i) save where specified conditions are complied with.”,
(d) by substituting the following sections for section 4:
4.—(1) If, on the making of an application for an excluding order or between the making of the application and its determination, the court is of the opinion that there are reasonable grounds for believing that there is an immediate risk of significant harm to the tenant, relevant purchaser or other occupant of the house if the order is not made immediately, the court may by order (to be known and referred to in this Act as an ‘interim excluding order’)—
(i) prohibit the respondent from entering or being in the vicinity of that house or any other specified house or being in or in the vicinity of any specified area, being an area one or more of the houses in which are under the control and management of a housing authority, until further order of the court or until such other time as the court shall specify, or
(ii) prohibit the respondent, until such further order or time, from doing all or any of the things referred to in subparagraph (i) save where specified conditions are complied with.
(2) Subsections (4) and (5) of section 3 shall apply to an interim excluding order as they apply to an excluding order.
(3)(a) An interim excluding order may be made ex parte where, having regard to the circumstances of the particular case, the court considers it necessary or expedient to do so in the interests of justice.
(b) The application for such an order shall be grounded on an affidavit or information sworn by the applicant.
(c) If an interim excluding order is made ex parte—
(i) a note of evidence given by the applicant shall be prepared forthwith—
(I) by the judge,
(II) by the applicant or the applicant's solicitor and approved by the judge, or
(III) as otherwise directed by the judge,
(ii) a copy of the order, affidavit or information and note shall be served on the respondent as soon as practicable.
(d) The order shall have effect for a period, not exceeding 8 working days, to be specified in the order, unless, on application by the applicant for the excluding order and on notice to the respondent, the interim excluding order is confirmed within that period by order of the court.
(e) The order shall contain a statement of the effect of paragraph (d).
(f) In paragraph (d) ‘working days’ means days other than Saturdays, Sundays or public holidays (within the meaning of the Organisation of Working Time Act 1997 ).
(4) An interim excluding order shall cease to have effect on the determination by the court of the application for an excluding order.
Provision for avoidance of doubt
4A.—For the avoidance of doubt—
(a) no order may be made under section 3 or 4 directing anything to be done, or prohibiting anything from being done, in a housing estate none of the houses in which is under the control and management of a housing authority,
(b) a house shall, for the purposes of those sections and paragraph (a), be regarded as being under the control and management of a housing authority despite the fact that the authority has, under section 9 of the Housing (Miscellaneous Provisions) Act 1992 , delegated all or one or more of its functions in respect of that house to a designated body.”,
(e) by substituting the following section for section 9:
“9.—(1) Where an excluding order or interim excluding order has been made, the tenant, the relevant purchaser or the housing authority, as appropriate, or the respondent may apply to the court that made the order to have the order discharged and thereupon the court shall discharge the order if it is of the opinion that, in all the circumstances, it is appropriate to do so.
(2) For the purposes of this section and section 3(5), an order made by a court on appeal from another court shall be treated as if it had been made by that other court.”,
(f) in section 14, by inserting the following subsections after subsection (3):
“(4) Notwithstanding anything contained in the enactments specified in subsection (5), a housing authority may refuse to sell or lease a dwelling to a person where the authority considers that the person is or has been engaged in anti-social behaviour or that a sale or lease to that person would not be in the interest of good estate management.
(5) The enactments mentioned in subsection (4) are:
(a) section 90 of the Housing Act 1966 ;
(b) section 3 of the Housing (Miscellaneous Provisions) Act 1992 ;
(c) section 6 of the Housing (Miscellaneous Provisions) Act 2002 ; and
(d) Part V of the Planning and Development Act 2000 .”.
198.—The Housing Act 1966 is amended by deleting “(except tenants for a month or a less period than a month)” where those words occur in section 79(1) and article 4(b) of the Third Schedule.
199.—(1) Section 58 of the Landlord and Tenant (Amendment) Act 1980 is amended by inserting in subsection (1)(b), after “section 13(1)(a)”, “or 13(1)(b)”.
(2) Section 60 of the Landlord and Tenant (Amendment) Act 1980 is amended—
(a) in subsection (1), by substituting the following definition for the definition of “obsolete area”:
“ ‘integrated area plan’ has the meaning assigned to it by section 7 of the Urban Renewal Act 1998 .”,
(b) in subsection (2), by substituting “area to which an integrated area plan relates” for “obsolete area”.
200.—(1) Section 3 (8)(b) of the Housing (Miscellaneous Provisions) Act 1992 is amended—
(a) in subparagraph (ii), by substituting “1978;” for “1978.”, and
(b) by inserting the following subparagraph after subparagraph (ii):
“(iii) section 60 of the Landlord and Tenant (Amendment) Act 1980 .”.
(2) Section 20 (8) of the Housing (Miscellaneous Provisions) Act 1992 is amended by substituting “by virtue of any requirement on landlords relating to the registration of tenancies” for “under this section”.
201.— Section 34 of the Housing (Miscellaneous Provisions) Act 1992 is amended by substituting the following subsection for subsection (1):
“(1) Any person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by, or who contravenes a provision of, or a regulation made under, section 17, 18 or 20 shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both and if the obstruction or contravention is continued after conviction the person shall be guilty of a further offence on every day on which the obstruction or contravention continues and for each such offence shall be liable, on summary conviction, to a fine not exceeding €250.”.
202.—If in any respect any difficulty arises during the period of 3 years after the commencement of this section in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything that appears to the Minister to be necessary or expedient for the purposes of bringing that provision into operation or securing or facilitating its operation.
Section 32 .
“head-landlord” means the landlord under the Part 4 tenancy concerned;
“head-tenant” means the tenant under the Part 4 tenancy concerned;
“sub-tenant” means the person in whose favour the sub-tenancy concerned has been created;
“sub-tenancy” means the sub-tenancy referred to in paragraph 2;
“Part 4 tenancy” includes a further Part 4 tenancy and references to a Part 4 tenancy continuing in being shall be construed as including references to—
(a) if it occurs, the circumstance in which a further Part 4 tenancy comes into being (in respect of the dwelling concerned) after that Part 4 tenancy and continues in being, and
(b) if it occurs, the circumstance in which a further Part 4 tenancy comes into being (in respect of that dwelling) after the further Part 4 tenancy mentioned in subparagraph (a) and continues in being, and
(c) if it occurs, each further circumstance of the kind mentioned in subparagraph (b).
2. (1) If a sub-tenancy is created out of a Part 4 tenancy with the written consent of the landlord then the following protection applies for the benefit of the sub-tenant.
(2) Without prejudice to paragraphs 5 and 6, that protection is that that sub-tenancy shall (if it would not or might not do so otherwise) continue in being for so long as the Part 4 tenancy continues in being unless it is sooner terminated under the provisions of Part 4 as adapted by this Schedule.
3. Paragraph (a) of, and the Table to, section 34 and sections 35 to 39 apply in relation to the sub-tenancy as they apply in relation to a Part 4 tenancy with the following modifications—
(a) for references in them to a Part 4 tenancy or a tenancy there shall be substituted references to the sub-tenancy,
(b) for references in them to the landlord there shall be substituted references to the head-tenant,
(c) for references in them to the tenant there shall be substituted references to the sub-tenant, and
(d) in paragraph (a) of section 34 for “on one or more of the grounds specified in the Table to this section” there shall be substituted “on one or more of the grounds specified in paragraphs 1, 2 and 4 of the Table to this section”.
4. (1) For so long as the sub-tenancy continues in being the following obligations of the head-landlord shall be owed to the sub-tenant, namely the obligations under paragraphs (a) and (b) of section 12 (1) and, for the purpose of this paragraph—
(a) the reference in that paragraph (a) to the tenant shall, for so long as the sub-tenancy continues in being, be construed as a reference to the sub-tenant, and
(b) a dispute between the head-landlord and the sub-tenant with respect to compliance by the head-landlord with either or both of those obligations may be referred under Part 6 to the Board for resolution.
(2) For so long as the sub-tenancy continues in being the following obligations of the sub-tenant shall be owed to the head-landlord, namely the obligations under paragraphs (f) and (g) of section 16 and, for the purpose of this paragraph—
(a) references in those paragraphs to the tenancy shall, for so long as the sub-tenancy continues in being, be construed as references to the sub-tenancy,
(b) references in those paragraphs to the landlord shall, for so long as the sub-tenancy continues in being, be construed as references to the head-landlord, and
(c) a dispute between the sub-tenant and the head-landlord with respect to compliance by the sub-tenant with either or both of those obligations may be referred under Part 6 to the Board for resolution.
(3) Save to the extent provided by the foregoing subparagraphs, nothing in this paragraph affects the obligations owed—
(a) by the head-landlord to the head-tenant (or the head-tenant to the head-landlord), or
(b) by the head-tenant to the sub-tenant (or the sub-tenant to the head-tenant),
under the Part 4 tenancy or the sub-tenancy, as appropriate.
5. In addition to the protection provided by paragraph 2, where the head-landlord serves a notice of termination in respect of the Part 4 tenancy out of which the sub-tenancy has been created and does not include in that notice of termination a requirement to terminate the sub-tenancy, then — if the notice of termination is effective to terminate the Part 4 tenancy — on that termination—
(a) the sub-tenant shall become the tenant of that landlord and the sub-tenancy under which he or she held the dwelling concerned shall be deemed to be converted into that Part 4 tenancy (without prejudice to the notice's effect as against the former head-tenant),
(b) the terms of that Part 4 tenancy under which he or she holds the dwelling concerned shall be those on which he or she held it under the sub-tenancy (subject to their not being inconsistent with this Act) unless he or she and that landlord agree to a variation of them,
(c) the period of that Part 4 tenancy's duration shall, subject to Chapter 3 of Part 4, be the same as that which would have been its period of duration if the notice of termination mentioned in this paragraph had not been served.
6. Subparagraphs (a), (b) and (c) of paragraph 5 also apply if the Part 4 tenancy is validly terminated by the head-tenant and, for this purpose, the relevant references in that paragraph which precede those subparagraphs shall be read accordingly.
7. Paragraphs 5 and 6 do not affect the liabilities (if any) of the sub-tenant to the head-tenant (or of the head-tenant to the sub-tenant) that have arisen by virtue of the sub-tenancy.
8. (1) This paragraph applies where—
(a) the sub-tenant has vacated possession of the dwelling concerned on foot of a notice of termination served under section 34 (a) (as adapted by this Schedule),
(b) that notice of termination cited as the reason for the termination the ground specified in paragraph 4 of the Table to section 34 (as so adapted), and
(c) the occupation by the person concerned mentioned in that paragraph does not take place within a reasonable time after the service of the notice or, in circumstances where such a requirement arises, the head-tenant does not comply with the requirement to make the offer referred to in that paragraph.
(2) Where this paragraph applies, the sub-tenant may make a complaint to the Board under Part 6 that, by reason of the matters mentioned in subparagraph (1), he or she has been unjustly deprived of possession of the dwelling concerned by the head-tenant.
(3) An adjudicator or the Tribunal, on the hearing of such a complaint, may make a determination, if the adjudicator or the Tribunal considers it proper to do so, that the head-tenant shall pay to the complainant an amount by way of damages for that deprivation of possession.
(a) this paragraph applies even though the sub-tenant vacated possession of the dwelling only after a dispute in relation to the validity of the notice of termination was finally determined under Part 6 (but in such a case subparagraph (1) has effect as if the clause set out in the Table to this paragraph were substituted for clause (c) of that subparagraph), and
(b) this paragraph is without prejudice to the sub-tenant's right to put in issue, in a dispute in relation to the validity of the notice of termination referred to the Board under Part 6, the bona fides of the intention of the head-tenant to do or, as appropriate, permit to be done the thing mentioned in the notice.
(c) the occupation by the person concerned mentioned in that paragraph does not take place within a reasonable time after the dispute in relation to the validity of the notice is finally determined under Part 6 or, in circumstances where such a requirement arises, the head-tenant does not comply with the requirement to make the offer referred to in that paragraph.
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Cool To Go To School!
“IT'S COOL TO GO TO SCHOOLIII” GIVEAWAY
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
VOID WHERE PROHIBITED OR OTHERWISE RESRICTED BY APPLICABLE LAW OPEN ONLY TO LEGAL RESIDENT OF
Name of Sweepstakes:“It's Cool to Go to School GiveawayIII” (this "Sweepstakes").
Sweepstakes Sponsors:The sponsors of this Sweepstakes (collectively,the "Sponsors") are:
Groppetti Automotive Family
Momentum Broadcasting LP
Nissan of Visalia
Visalia Ford
106.7 KJUG Country
Visalia Toyota-Scion
Visalia Hyundai
HITZ 104.9
Visalia Honda
Visalia Buick-GMC
GA Motorsports
Ben Maddox Way - North and South of Hwy 198
700 E Mineral King Ave Visalia, CA 93292
(sometimes referred to as the "Dealership Sponsor")
Eligibility: The Sweepstakes is open only to enrolled students in the 9th,10th,11th, and 12th grades at the following schools who are legal residents of California: Golden West High School, Redwood High School, Mt. Whitney High School, El Diamante High School and Visalia Technical Early College High School.
Employees of Dealership Sponsor, Momentum Broadcasting LP and any other companies involved in the development or execution of the Sweepstakes and their respective parent companies, subsidiaries, affiliates, agents and agencies as well as the immediate family (spouse/spousal equivalent, parents, siblings, and children) and household members of each such employee are not eligible to participate in the Sweepstakes.
Duration of Sweepstakes:The time period ("Sweepstakes Entry Period") begins with the first day of class of each individual school for the 2016-2017 academic year and ends on May 1, 2017.
How to Enter Sweepstakes: Students with “Perfect Attendance” for the 2016-2017 school year will be entered into the Sweepstakes. For the sake of these sweepstakes, “Perfect Attendance” can be attained in two ways:
The student being present every day of the academic school year for every assigned period in the day, excluding missed periods for authorized school trips and activities.
The student achieving “Perfect Attendance” by attending VUSD’s “Saturday Academy” to recover up to five EXCUSED (tagged EXC) absences.
In the event of a dispute regarding a student's eligibility, that student's school’s principal or designee will make the final decision.
Bereavement: Exceptions can be made on a case-by-case basis, solely at the school's discretion, for immediate family members with the following guidelines:
One day for a local funeral
Three days for a funeral out of town
Modification and Termination of the Sweepstakes: Sponsors reserve the right to modify any of these Official Rules, including, but not limited to, the duration of the Sweepstakes and the date or dates on which the Prize Winners {defined below) and/or the Prizes (defined below) are awarded and/or delivered. Sponsors reserve the right to terminate or temporarily suspend the Sweepstakes at any time, for any reason, without notice
Prizes:Sponsors will provide the following prizes per the following schedule:
2nd Grading Period (ending 10/28/16) drawing
$100.00 (gift card)
3rd Grading Period (ending 12/16/16) drawing
Pizza Party (for school with most PERFECTs)
Free Pizza
4th Grading Period (ending 02/24/17) drawing
5th Grading Period (ending 04/1/17) drawing
Car Give-Away (Sweepstake ends April 28, 2017)
$17,000 (approximately)
One (1) new Nissan Versa Note, valued at approximately $17,000 (the "Vehicle Prize") each, will be awarded to one eligible students (the “Vehicle Prize Winner”). In the event a winning student is under the age of 18, the student's parent or legal guardian will be the registered owner of the vehicle and therefore responsible for any license or registration fees. Other prizes that may include TVs, computers, gift cards and/or scholarships (the Prizes) will be awarded to other eligible students (the "Prize Winners"). Being a Prize Winner does not negate a student from also being a Vehicle Prize Winner. The Vehicle Prize is not redeemable, transferable (except, in the case of a student under the age of 18, to their parent or legal guardian) or exchangeable for cash and cannot be applied to existing or previous purchases. Each Prize Winner shall be responsible for any and all federal, state and local taxes resulting from such Prize Winner's acceptance of a Prize. The Vehicle Prize Winners are responsible for insurance and all government fees and taxes applicable to the Vehicle Prize. The Vehicle Prize Winner will receive an IRS form 1099 from the Dealership Sponsor and is required to provide all necessary information, including the Vehicle Prize Winner's Social Security number, to allow the Dealership Sponsor to prepare the form. No Prize will be replaced if lost, damaged or stolen once delivered to the Prize Winner. If a Prize cannot be awarded due to circumstances beyond the control of Sponsors, a substitute prize of equal or greater retail value may be awarded at Sponsors' sole discretion.
Odds of Winning: Odds of winning depend on the number of eligible students during theSweepstakes Entry Period.
Winner Selection: Eligible students and their parent or legal guardian must travel to Drawing Event (Location and Time to be announced) on Monday, May 22, 2017where the Vehicle Prizes and Prize Winners will be selected by random drawing. The Vehicle Prize Winners and other Prize Winners must be present at the drawing to be eligible to win the Vehicle Prize or other Prizes. The Vehicle Prize Winners and other Prize Winners will be required to present valid identification and to sign a statement of eligibility and liability and publicity release in order to receive the Vehicle Prizes and the other Prizes. The Vehicle Prize Winners must accept delivery of the Vehicle Prize at the Dealership on Tuesday, May 23, 2017. If the Vehicle Prize Winners do not fulfill these requirements, the Vehicle Prizes may be forfeited.
Permission to Use Name and Likeness: By participating in this Sweepstakes, each entrant agrees to have his or her name, photograph, voice, biographical information and likeness used in any and all media for promotional purposes relating to the Sweepstakes without further compensation or notice, except as prohibited by law.
Winner's List Request: Following the selection and verification of the Vehicle Prize Winners onMonday, May 22, 2017, a winner’s list may be requested after June 2017, by sending a self-addressed, stamped envelope to:
Groppetti Automotive Family.
ATTN: It's Cool to Go to School Winner List
Sponsors Use of Entrant Information: In order to better serve our valued customers, Sponsors offer a variety of opportunities, from time to time, including but not limited to the sale and lease of vehicles, services, and promotional events as well as other products, services and marketing programs. Sponsors reserve the right to use the information provided by an entrant in connection with the Sweepstakes to contact such entrant regarding these opportunities. For more information about Sponsors' use of personal information, see Sponsors' privacy policies by clicking on the privacy policy links indicated on their Websites.
Limitation of Liability: Sponsors are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment associated with the Sweepstakes, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability toaccess the Websites or online service, or for any other technical or non-technicalerror malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL SPONSORS OR ANY OF SPONSORS' OFFICERS, DIRECTORS,SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SWEEPSTAKES OR PRIZES OFFERED THROUGH THE SWEEPSTAKES, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General: Sponsors reserve the right to terminate, withdraw or amend the Sweepstakes at any time and for any reason.
Sponsors reserve the right to discontinue Sweepstakes participation of, and to pursue any and all available legal and equitable remedies with respect to, any entrant who engages in any fraudulent activity in connection with the Sweepstakes or otherwise uses the Sweepstakes in a manner inconsistent with these Official Rules or any federal, state or local, laws, statutes or ordinances.
All questions or disputes regarding eligibility for the Sweepstakes, or an entrant's compliance with these Official Rules will be resolved by Sponsors in Sponsors' sole discretion.
All issues and questions concerning the constructions, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an entrant and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
These Official Rules constitute the entire agreement between Sweepstakes entrants and Sponsors pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.
No waiver of any of the provisions of these Official Rules shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
If any provision of these OfficialRules isfound to be invalid or unenforceable by acourt ofcompetent jurisdiction, such provision shall be severed from the remainder of these Official Rules, which will otherwise remain in full force and effect.
Taylor Dane
Sunny Came Home
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Proprietary Technology
Proteostasis Network
DRT™ Platform
Unfolded Protein Response (UPR)
Novel Strategies
PTI Clinical Trials
PTI Investigator Sites
PTIClinicalTrials.com
Community Column
Expanded Access Policy
Tommy Danger: Never A Dull Moment of Life
If you couldn’t conclude from his last name, Tommy has never been one to take the ordinary path. Born in Orlando, Florida, but growing up in Indiana, he had large aspirations and felt that there was more out there to see and explore than what he’d been exposed to in his upbringing.
While he nor any of his direct family have been affected by CF, Tommy has greatly supported the CF community through his adventure-based foundation More Than Just Me. It was originally created after a project that Tommy did called More Than Just Miles. This was a run from Seattle, Washington, to Daytona, Florida where he fundraised for his friend’s child, Ethan, who had cystic fibrosis. To be clear, he was the one running and fundraising, making friends along the way and finishing in Daytona on Ethan’s birthday after a long 3,191 miles. Not only did he finish More Than Just Miles, which sparked the birth of MTJM, but he met the love of his life and now wife, Alyx, on this adventure.
More Than Just Me is all about taking advantage of the life you’re given to the best of your ability through service projects, local and global adventures and fundraisers. The organization wants to empower people to positively affect change in their communities and worldwide. While it is not strictly dedicated to those with CF, most of the projects that Tommy previously created and executed through MTJM are for people with CF due to his initial involvement with the CF community via More Than Just Miles. He has various programs, one even named after a person who passed away from CF who had a deep emotional connection to the work that Tommy was doing in Nairobi, Kenya to help support 20 children with food, toys, clothes and school supplies. For five years, the Erin Effect has been able to consistently support these students in vital aspects of their lives.
Tommy recounted one of his current projects where he is sending a woman to Disneyland with a few of her family members. She has CF, her son has CF, and her husband passed away from CF. “It’s literally more than just me,” said Tommy, fervently. He mentioned that he’s been so lucky to have this nonprofit run for as long as it has solely through volunteers. Learning the stories of the those with CF has certainly been a motivator to fight the good fight because he’s immensely inspired by their resilience, so “how can I complain?”
One of his favorite facets of his organization are the hidden messages. For example, they recently released a butterfly and lungs design as a tribute to a kid named Logan, who didn’t pass from CF but from cancer which, also, plagued him. The design is a butterfly because after speaking with his mom, she felt like Logan always returned for visits through eagles and butterflies. If you rotate the image to the right so that the neck of the butterfly is horizontal (at 3 o’clock), what is perceived is dots actually spells out Logan’s name!
Tommy has had the privilege to travel with his wife for her work and raise his beautiful daughter, Mayzie, while exposing her to different lifestyles and cultures. Mayzie does not fully understand her dad’s work being only one year into her life, but she is destined to be a world influencer. Tommy recounted that Mayzie makes little messages with her hands and feet that are delivered to people who are hospitalized. Regarding his child’s upbringing, his recommendation to other parents is to watch their own reactions. Children notice, and their brains absorb a lot of external stimuli that shapes how they behave.
The future for Tommy and his family is bright and filled with activities. For his organization, he hopes that they migrate towards ambassadors and athletes who will be able to choose their own cause. He has other projects in the works like connecting CF parents through one trip where they could mingle, ask questions and explore the world. Personally, he’d like to climb Mt. Everest in 2020 and fundraise to go to Antarctica. As for his family, he wants to continue teaching Mayzie to learn more about the world and help her understand things like not every child has a plethora of toys and exposing her to other walks of life.
Through his personal adventures and his organization, Tommy built and continues to build a lot of friendships, “and with that comes heartbreak,” Tommy said. He explained that he’s known people that could do everything right with their treatments, yet CF still takes them at a young age. He has also known people who did not receive their medications quick enough and their lungs took the damage. A cure for CF is necessary, but “until then, you’re just trading one chronic illness for another,” he said disappointedly. He feels that his work is very bittersweet, but nonetheless inspiring. It truly opened his eyes, and he does his best to relay the message to “live your life. And what I mean by that is you get one of it and get to decide how it goes. We’re either trained or taught to live on this track of go to high school, college, get a job, married, etc., but if that doesn’t fulfill you, do what you want because you’ll regret it if you don’t and, as dark as it sounds, die with that feeling.” Tommy believes these words very deeply, and every day he challenges himself to live his best life.
Follow on Instagram: @adudeandhiscamera
Check out the website: https://www.mtjm.org/
Organization Instagram: @mtjme
Proteostasis Therapeutics, Inc.
80 Guest Street
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In mid November this year, HMV will be re-opening a branch in Pescod Square Shopping Centre. Store Manager Natasha Jones and her new team are looking forward to greeting customers and helping them find the best entertainment HMV offers both in-store and online.
HMV’s Return
HMV previously occupied a unit at Pescod Square, but this closed in March 2013, around the time the retailer fell into administration. The new store will be located in the same unit it used to occupy before it left Pescod Square five years ago.
The unit, that expands to 7,134 sq ft, will have a wide range of vinyl, CDs, turntables, headphones and speakers, along with Blu-rays, DVDs, books and an extensive collection of music, film, t-shirts and merchandise. The new store’s lease extends until January 2021.
HMV’s return to Boston comes on the back of a surge in demand for vinyl around the country, as well as blockbuster video games releases.
Music to the Town’s Ears
Laurence Price – HMV’s Head of Retail: “We are thrilled to be opening a brand-new HMV store in Boston in November. We are extremely proud of our heritage and our dedicated staff, who, like our customers, share a passion for the best music and film, tech, t-shirts, gifts and collectables.”
Caroline Bridge, Senior Asset Manager at Capreon (managing agents for Pescod Square) added: “We are very pleased to be adding such a recognisable national retail brand to Pescod Square. We are always looking for ways to improve the shopping experience for all visitors to Pescod Square and HMV, with its diverse retail base and high-street recognition, will further enhance our existing offering.”
Clive Gibbon, Boston Borough Council’s Economic Development Manager, also greeted the good news by saying: “This reflects the growing confidence in Boston as a place to do business.”
The official opening date for the store has not yet been revealed, but we anticipate it being on or around Saturday 17th November. Please keep an eye on Pescod Square’s social media pages for updates, and/or follow the new store on Twitter at @HMVBoston.
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CURRENT ISSUE PAST ISSUES AHEAD OF PRINT SEARCH GET E-ALERTS
Citation statistics : Table of Contents
2011| May-June | Volume 13 | Issue 52
Online since April 29, 2011
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EDITORIAL COMMENTARY
Cardiovascular effects of noise
Wolfgang Babisch
May-June 2011, 13(52):201-204
DOI:10.4103/1463-1741.80148 PMID:21537102
[FULL TEXT] [PDF] [Mobile Full text] [EPub] [CITATIONS] [PubMed]
34 19,042 131
Relationship between noise annoyance from road traffic noise and cardiovascular diseases: A meta-analysis
Ana Ndrepepa, Dorothee Twardella
Road traffic noise is an important source of noise annoyance in the community. We performed a meta-analysis to assess whether there is an association between noise annoyance from road traffic noise and cardiovascular diseases (arterial hypertension and ischemic heart disease) in adult population. The meta-analysis included studies that: a. had noise annoyance as exposure, quantified either as "annoyed versus non-annoyed" or with various scales collected by standardized questionnaires; b. arterial hypertension or ischemic heart disease as outcome; c. had included only adult population (age >18 years); d. the studies had to have as effect size odds ratios or relative risk. From the individual studies those odds ratios were selected for meta-analysis which compared most distant categories. Eight studies that fulfilled criteria published between 1992 and 2006 were included in the meta-analysis: 6 studies had a cross-sectional design, 1 study had a case-control-design and 1 study had a cohort design. Increased annoyance was significantly associated with arterial hypertension (pooled risk estimate = 1.16, 95% confidence interval 1.02-1.29) while the association with ischemic heart disease did not reach statistical significance (pooled risk estimate = 1.07, 95% confidence interval 0.99-1.14). No publication bias was evidenced. The results of this meta-analysis demonstrated the existence of a positive and significant association between noise annoyance from road traffic and the risk of arterial hypertension and a positive yet insignificant association between noise annoyance and the risk of ischemic heart disease.
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Cardiovascular effects of environmental noise: Research in Austria
Peter Lercher, Dick Botteldooren, Ulrich Widmann, Ulrich Uhrner, Ewald Kammeringer
Cardiovascular effects of noise rank second in terms of disability-adjusted life year (DALYs) after annoyance. Although research during the past decade has consolidated the available data base, the most recent meta-analysis still shows wide confidence intervals - indicating imprecise information for public health risk assessment. The alpine area of Tyrol in the Austrian part of the Alps has experienced a massive increase in car and heavy goods traffic (road and rail) during the last 35 years. Over the past 25 years small-, middle-, and large-sized epidemiological health surveys have been conducted - mostly within the framework of environmental health impact assessments. By design, these studies have emphasized a contextually driven environmental stress perspective, where the adverse health effects on account of noise are studied in a broader framework of environmental health, susceptibility, and coping. Furthermore, innovative exposure assessment strategies have been implemented. This article reviews the existing knowledge from these studies over time, and presents the exposure-response curves, with and without interaction assessment, based on standardized re-analyses and discusses it in the light of past and current cardiovascular noise effects research. The findings support relevant moderation by age, gender, and family history in nearly all studies and suggest a strong need for consideration of non-linearity in the exposure-response analyses. On the other hand, air pollution has not played a relevant role as a moderator in the noise-hypertension or the noise-angina pectoris relationship. Finally, different noise modeling procedures can introduce variations in the exposure response curves, with substantive consequences for public health risk assessment of noise exposure.
Cardiovascular effects of environmental noise: Research in the United Kingdom
Stephen Stansfeld, Rosanna Crombie
Although the auditory effects of noise on humans have been established, the non-auditory effects are not so well established. The emerging links between noise and cardiovascular disease (CVD) have potentially important implications on public health and policy. In the United Kingdom (UK), noise from transport is a problem, where more than half of the population is exposed to more than the recommended maximum day-time noise level and just under three-quarters of the population live in areas where the recommended night-time noise level is exceeded. This review focuses on findings from studies conducted in the UK that examined environmental noise and cardiovascular disease. There were statistically no significant associations between road traffic noise and incident ischemic heart disease in the Caerphilly and Speedwell studies, but there was a suggestion of effects when modifying factors such as length of residence, room orientation, and window opening were taken into account. In a sample stratified by pre-existing disease a strongly increased odds of incident ischemic heart disease for the highest annoyance category was found compared to the lowest among men without pre-existing disease (OR = 2.45, 95%1.13 - 5.31), which was not found in men with pre-existing disease. In the Hypertension and exposure to noise near airports (HYENA) study, night time aircraft noise exposure (L night ) was associated with an increased risk of hypertension, in fully adjusted analyses. A 10-dB increase in aircraft noise exposure was associated with an odds ratio of 1.14 (95%CI, 1.01 - 1.29). Aircraft noise was not consistently related to raised systolic blood pressure in children in the road traffic and aircraft noise exposure and children's cognition and health (RANCH) study. There is some evidence of an association among environmental noise exposure and hypertension and ischemic heart disease in the UK studies; further studies are required to explore gender differences, the effects of day and night time exposure, and exposure modifying factors.
Cardiovascular effects of environmental noise: Research in Sweden
Gösta Bluhm, Charlotta Eriksson
In Sweden, as in many other European countries, traffic noise is an important environmental health issue. At present, almost two million people are exposed to average noise levels exceeding the outdoor national guideline value (55 dB(A)). Despite efforts to reduce the noise burden, noise-related health effects, such as annoyance and sleep disturbances, are increasing. The scientific interest regarding more serious health effects related to the cardiovascular system is growing, and several experimental and epidemiological studies have been performed or are ongoing. Most of the studies on cardiovascular outcomes have been related to noise from road or aircraft traffic. Few studies have included railway noise. The outcomes under study include morning saliva cortisol, treatment for hypertension, self-reported hypertension, and myocardial infarction. The Swedish studies on road traffic noise support the hypothesis of an association between long-term noise exposure and cardiovascular disease. However, the magnitude of effect varies between the studies and has been shown to depend on factors such as sex, number of years at residence, and noise annoyance. Two national studies have been performed on the cardiovascular effects of aircraft noise exposure. The first one, a cross-sectional study assessing self-reported hypertension, has shown a 30% risk increase per 5 dB(A) noise increase. The second one, which to our knowledge is the first longitudinal study assessing the cumulative incidence of hypertension, found a relative risk (RR) of 1.10 (95% CI 1.01 - 1.19) per 5 dB(A) noise increase. No associations have been found between railway noise and cardiovascular diseases. The findings regarding noise-related health effects and their economic consequences should be taken into account in future noise abatement policies and community planning.
Cardiovascular effects of environmental noise: Research in Serbia
Goran Belojevic, Katarina Paunovic, Branko Jakovljevic, Vesna Stojanov, Jelena Ilic, Vesna Slepcevic, Mica Saric-Tanaskovic
Research on the cardiovascular effects of noise in Serbia started in the year 2002, including experimental studies on humans and epidemiological studies on the adult and children population of Belgrade and Pancevo. Experimental exposure to noise [L eq = 89 dB (A)] had a hypodynamic effect, significantly lowering the cardiac index, cardiac work, and pump performance (P < 0.01). The vasoconstrictive effect of noise was shown through the significant elevation of after-load (P < 0.01). In a cross-sectional population study that was carried out on 2874 residents [1243 males and 1631 females] in Pancevo City, a significant odds ratio (adjusted for age, body mass index (BMI), and smoking habits) was found for self-reported hypertension (OR = 1.8, 95% CI = 1.0 - 2.4, P < 0.01) in men with a high level of noise annoyance compared to those with a low level of noise annoyance. In another study on 2503 residents (995 men and 1508 women) residents of Belgrade, the proportions of men with hypertension in the noisy [(L night , 8h > 45 dB (A)] and quiet areas [(L night , 8h ≤ 45 dB (A)] were 23.6% and 17.5%, respectively. The adjusted odds ratio (OR) for hypertension of the exposed group was 1.58 (95% CI = 1.03 - 2.42, P = 0.038), where men living in quiet streets were taken as a reference category. Associations between road traffic noise and blood pressure were also investigated in 328 preschool children in Belgrade. The systolic blood pressure was significantly higher among children from noisy residences and kindergartens, compared to children from both quiet environments (97.30 ± 8.15 and 92.33 ± 8.64 mmHg, respectively, P < 0.01). As a continuation of the study on preschool children, investigations were also carried out on 856 school children, aged between seven and eleven years, in Belgrade. It was found that systolic pressure was significantly higher among children from noisy schools and quiet residences, compared to children from both quiet environments (102.1 ± 9,3 and 100.4 ± 10.4 mmHg, respectively, P < 0.01).
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Cardiovascular effects of environmental noise: Research in Germany
Christian Maschke
Research on systematic noise effects started in Germany back in the fifties with basic experimental studies on humans. As a result, noise was classified as a non-specific stressor, which could cause an ergotropic activation of the complete organism. In the light of this background research a hypothesis was proposed that long-term noise exposure could have an adverse effect on health. This hypothesis was further supported by animal studies. Since the sixties, the adverse effects of chronic road traffic noise exposure were further examined in humans with the help of epidemiological studies. More epidemiological aircraft noise studies followed in the 1970s and thereafter. The sample size was increased, relevant confounding factors were taken into account, and the exposure and health outcomes were investigated objectively and with higher quality measures. To date, more than 20 German epidemiological traffic noise studies have focused on noise-induced health effects, mainly on the cardiovascular system. In particular, the newer German noise studies demonstrate a clear association between residential exposure to traffic noise (particularly night noise) and cardiovascular outcomes. Nevertheless, additional research is needed, particularly on vulnerable groups and multiple noise exposures. The epidemiological findings have still not been fully considered in German regulations, particularly for aircraft noise. The findings, however, were taken into account in national recommendations. The Federal Environment Agency recommends noise rating levels of 65 dB(A) for the day and 55 dB(A) for the night, as a short-term goal. In the medium term, noise rating levels of 60 / 50 (day, night) should be reached and noise rating levels of 55 / 45 in the long run.
Cardiovascular effects of environmental noise: Research in The Netherlands
Elise van Kempen
The impact of environmental noise on public health, in The Netherlands, is limited: Less than 1% of the myocardial infarction cases per year are attributable to long-term exposure to road traffic noise. Furthermore, although the Dutch noise policy is not directed to prevent cardiovascular disease due to noise exposure, health does play a role in Dutch noise policy. These are the main conclusions of a systematic review of Dutch observational studies, investigating the possible impact of road traffic and aircraft noise exposure on the cardiovascular system. Since 1970, 14 Dutch studies were published investigating the possible impact of road traffic and aircraft noise exposure on the cardiovascular system. Within these studies a large variety of outcomes were investigated, ranging from blood pressure changes to cardiovascular mortality. The results of the studies were not consistent and only weak associations were found.
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Louie Verrecchio
George Weigel's mission impossible
By Louie Verrecchio
Even if you don't agree with him, you have to admire George Weigel's moxie.
It can't be easy serving as the spokesperson for a "conservative" Catholic movement that labors so mightily against the preponderance of evidence to reconcile every last scintilla of conciliar innovation with the Faith handed down from the Apostles. Yet, he does it anyway.
Case in point, Weigel's recent column in National Review wherein he takes American "liberal Catholics" to task for "betraying their own noblest heritage;" namely, the John Courtney Murray led assault against the Church's traditional teaching on religious freedom.
Painting a quasi-messianic portrait of the late American born Jesuit theologian, Weigel batters Catholic sensibilities right out of the gate when he states, "It took the Church the better part of the late 19th and early 20th centuries to develop a robust Catholic concept of religious freedom;" the unmistakable implication being that the poor dimwitted Roman Pontiffs who had the great misfortune of having to rule without the benefit of Murray's insight (a number of whom are Saints) were simply mistaken.
Weigel praises Murray's "intellectual virtuosity" in convincing the Second Vatican Council to supplant the Church's traditional doctrine with "a new Catholic understanding of the modern state" modeled after the First Amendment of the U.S. Constitution.
At this, a bullet point sketch of these two vastly different approaches may be helpful, beginning with the traditional teaching which states:
Rulers of States, just as individuals, are duty bound in service to Christ the King.
The Catholic Church is the one true religion and so enjoys a unique claim to absolute freedom of activity and expression in society.
State recognition of the exclusive prerogatives of the Church is the ideal arrangement, so too is State support for the Catholic Church in Her mission.
Rulers of State must not place the false religions on equal footing with the true religion.
Privately, man is free to seek God according to his conscience, but he does not enjoy absolute freedom in the practice of false religion in the public arena as this can be detrimental to the common good. The State, therefore, may restrain him from doing so, but rulers may also patiently tolerate such practices in order to avoid a greater evil.
In all cases, however, no one shall be forced to embrace the Catholic faith against his will.
The novelties put forth by Murray (and adopted at Vatican II) by contrast state:
No one is to be restrained from acting in accordance with his own religious beliefs (even in the public sphere) limited only as necessary to maintain order.
The State is no longer called to recognize Christ the King and to embrace the "true religion."
The State is no longer called to discern religious truth from religious falsehood; rather, all religions are to be given equal standing under the law.
In short, the freedom once claimed by the Church as uniquely Her own is now demanded of States as "the Constitutional right of all men and communities," even those that oppose the reign of Christ (DH 13).
According to Weigel, one of the greatest challenges Murray faced in swaying the Council Fathers was addressing their fear that his decidedly American approach "would inevitably lead to religious indifferentism, and perhaps even to hostility to religious conviction."
Hello? Isn't this precisely what happened? With Catholic life in 2012 being what it is, Weigel is forced to point to the century leading up to Vatican II as evidence that the Council Fathers' fears were unfounded.
Back then, in the United States (whose Constitution has a non-establishment clause) the Church was at peace with the government and Catholicism was thriving. By contrast, in more traditional Europe (where the Catholic State was possible) the Church was often at odds with the ruling authorities and was struggling to hold Her own.
Weigel wants us to join him in assuming (as the Council ultimately did at Murray's urging) that there must be a cause-and-effect relationship between the American version of religious freedom and the Church's ability to carry out Her mission and grow, (a proposition very closely related to the "Americanist" ideal rejected by Pope Leo XIII in the Apostolic Letter, Testem Benevolentiae Nostrae in 1899).
I would like to propose a different explanation; one curiously lurking right beneath Weigel's nose.
In addition to Murray's "exegesis of Leo XIII" (the theological shortcomings of which I've examined at some length in this space in the past), Weigel tells us that the matter was settled for most of the Council Fathers thanks to the allure of the "European personalist philosophy;" defined by the Stanford Encyclopedia of Philosophy as "proposing the human person as the new irreducible key to thought, especially regarding social organization."
It was this over-glorification of man — a cancer that had infected much of Europe but had not yet fully invaded the American culture prior to the 1960's — that accounts for the observable disparity in the Church's relative health in these places during the 19th and 20th centuries.
The Church's influence with the rulers of State in traditional European nations made that part of the world ground zero for the personalist movement. So while the sacred Magisterium was preaching Almighty God, through Jesus Christ, as the goal and highest ordering principal of both society and State, the secular humanists in Europe were busy making war on the culture (which by extension also meant directly combatting the Catholic Church). It was in this environment, not surprisingly, that the Church struggled.
In the United States, however, where the State is officially disinterested in evaluating religious truth but rather views all expressions of faith as equals under the law, no such direct assault on the Catholic Church was necessary. Why? Simply put, goal number one on the liberal to-do list was constitutionally prearranged; namely, instituting a form of governance that is disinclined to acknowledge the existence of absolute religious truth. It was in this atmosphere — one in which the commandants of the liberal regime were pleased to operate more subversively than they were in Europe — that the Catholic Church was able to thrive.
Make no mistake, however, Catholicism wouldn't have fared nearly as well as it did in the century prior to Vatican II in the United States had the sacred hierarchy behaved then as it does today; the majority so paralyzed by ecumenical sensitivity that very few even bother to proclaim the Kingship of Christ and the Holy Roman Catholic Church as the universal sacrament of salvation and the custodian of objective religious truth.
Back then, the Church wasn't afraid to preach Her doctrines; like them or not, everyone with an interest knew what the Church professed, most especially Catholics! Catholic identity was distinct and it was noteworthy. We had our own festivals, our own disciplines, our own rituals and our own language. We even had our own primetime television star in Bishop Fulton Sheen!
And then it happened; the perfect storm.
The Council ratified Murray's version of religious liberty shortly after the liberal culture warriors came blazing out of the shadows to unleash all out Hell on America. In essence, the Church had voluntarily adopted the language of mealy-mouthed legislators who speak as though Christ the King has no more rights than Buddha, and this at precisely that moment in history when the world needed Apostolic clarity the most.
In charity, one can perhaps understand how the "signs of the times" were so grossly misinterpreted in the halcyon days during which the Council met. Deficient though they were theologically, Murray's idea's appeared to make practical sense to many at that time based on the Church's success in the United States.
That said, it's high time at this point to admit that subsequent events have demonstrated the enduring wisdom of the traditional teaching.
Look, I'm as American as anyone, but unlike JFK, I'm Catholic first. As such, I'm not the least bit hesitant to say that the U.S. Constitutional approach to religious liberty is fatally flawed. In a nutshell, it attempts to sustain the unsustainable by avoiding the existence of absolute religious truth in a world that is ultimately ruled by Jesus Christ who is Truth incarnate.
A couple of days before the Respect for Rights of Conscience Act went to a vote in the U.S. Senate, Senator Barbara Mikulski (a liberal Democrat pretending to be a Catholic) inadvertently drove this point home when she decried what she viewed as the dangers associated with allowing employers the freedom to offer only those health insurance plans that don't violate "their religious beliefs or moral convictions."
She then sneered, "What's a moral conviction? Where's a moral conviction come from?"
Sarcasm aside, these are actually important questions, the Catholic answer to which (the only correct one) isn't getting very much play these days, neither within the Church nor without.
For personalists like Mikulski, however, the answer goes without say:
In a country where every individual religious belief is as valid as the next, irrespective of its relationship to the absolute truth that comes to us from God, a bona fide "moral conviction" is whatever the Hell the ruling party says it is.
So now here we are, Catholic citizens of a nation that is quickly descending into the abyss of State imposed immorality, looking for leadership from churchmen who have effectively disarmed themselves of the only weapon that can possibly protect us; the sword of truth wielded in defense of the Sovereign rights of Christ the King.
And this, according to George Weigel, is a noble heritage of which to be proud.
Like I said, you have to admire his moxie.
© Louie Verrecchio
Louie Verrecchio is the author of several titles including the "Traditio Faith Formation Series" and "Was john Courtney Murray Right?" A columnist for Catholic News Agency from 2009–2013, his writing on a wide variety of Catholic topics has been published by media outlets all over the English speaking world. He has been the featured speaker at traditional Catholic conferences throughout the United States hosted by the Society of St. Pius X, the Fatima Center, Catholic Family News and others. He is one of traditional Catholicism's most widely-read bloggers. For more information, please visit: www.akaCatholic.com
Receive future articles by Louie Verrecchio: Click here
The Constitutional Dubium
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Saul Alinsky's most famous disciple
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LGBT Pride: Placing blame where it most belongs
INTERVIEW: Investigative journalist Randy Engel
The environmentalist paradox
EXPOSÉ: Baltimore in LEAD in parish gay activism
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HomeMusicSamantha Fish premieres music video for title track from latest album Kill Or Be Kind
Samantha Fish premieres music video for title track from latest album Kill Or Be Kind
One of the most versatile artists to make waves in the blues scene in the last decade Samantha Fish is celebrating the release of her sixth studio album, Kill Or Be Kind, in style by debuting the music video of the album’s title track.
“That was my mission on this album: To really set these songs up so that they have a life of their own,” says Samantha Fish about Kill or Be Kind, her sixth solo album and her debut on Rounder Records. “Strong messages from the heart – that’s what I really set out for.” Indeed, what comes across immediately on hearing the album is the extraordinary level of songcraft on its eleven tracks, the way these songs are so smartly put together to deliver a potent emotional impact.
Anyone who has ever heard Fish’s previous albums knows that she has earned a place in the top rank of contemporary blues guitarists and that her voice can wring the soul out of a ballad and belt out a rocker with roof-shaking force. And, rest reassured, those virtues are fully in evidence on Kill or Be Kind. But each of the songs on the album does far more than simply provide a setting for Fish’s pyrotechnics. They tell captivating stories, set up by verses that deftly set the scene, choruses that lift with real feeling, and hooks that later rise up in your thoughts, even when you’re not aware that you’re thinking of music at all. It’s the kind of songwriting that emerges when raw talent is leavened by experience and aspiration, and when a committed artist genuinely has something to say. Those qualities make Kill or Be Kind a genuine artistic breakthrough for Fish.
“I think I’ve grown as a performer and as a player,” she explains. “I’ve become more respectful of the melody. You can go up and down the fret board and up and down your vocal register, but that’s not going to be as powerful as conveying a simple melody that people can really connect to and sing themselves.” To help bring those elements to her music, Fish sought out high-quality songwriting collaborators – the likes of Jim McCormick (who has worked with Fish before and also written for Luke Bryan and Keith Urban); Kate Pearlman (who has worked with Kelly Clarkson); Patrick Sweeney; Parker Millsap; and Eric McFadden. The result is an album on which each song is distinct, but the complete work hangs together as a coherent, entirely satisfying statement. “When you get to this point in your life as an artist,” Fish says, “it’s good to work with others, because it makes you stretch. I think you hear a lot of that nuance on the record, songs that have a pop sensibility to them, hooks that really pull you in.
Kill Or Be Kind is now available in digital formats via iTunes and Amazon
Tags:Blues, Kill Or Be Kind, Music Video, New Music, Samantha Fish
Freddie Mercury Never Boring (Trailer)
Unreleased Eddie Money Lyrics – 94.7 WCSX
Avid book reader. Lover of life, baseball & basketball, video games, science fiction, Godzilla, music & Dr. Pepper.
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May 1, 2019, 7:17 a.m. EDT
Estee Lauder shares rise after earnings beat expectations
Estee Lauder Cos. Cl A (EL)
By Tonya Garcia
EL SPX
Estee Lauder Cos. /zigman2/quotes/200740220/composite EL -0.98% shares rose 5.1% in Wednesday premarket trading after the beauty company reported fiscal third-quarter earnings and sales that beat expectations. Estee Lauder's portfolio of brands includes the namesake line, La Mer, and MAC. Net income totaled $555 million, or $1.51 per share, up from $372 million, or 99 cents per share, last year. Adjusted EPS was $1.55, ahead of the FactSet estimate of $1.30. Sales totaled $3.74 billion, up from $3.37 billion and well past the $3.57 billion FactSet consensus. "We had anticipated a gradual moderation of growth in China and travel retail starting in the quarter, which didn't happen, and that contributed to our overachievement," said the company's chief executive, Fabrizio Freda, in a statement. "We continue to see strength in several of our key engines of growth and, as a result, we are again raising our net sales and EPS guidance for the year." Estee Lauder expects full-year sales to increase between 7% and 8%. The FactSet guidance is for $14.56 billion, up about 6.4% year-over-year. And Estee Lauder is guiding for EPS between $4.72 and $4.79, and adjusted EPS between $5.15 and $5.19. FactSet is guiding for EPS of $5.06. Estee Lauder has gained 32% for the year to date, outpacing the S&P 500 index /zigman2/quotes/210599714/realtime SPX -0.27% , which is up 17.5% for the period.
Add to watchlist EL
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Sovcomflot appreciates its responsibility for the quality of the environment and seeks to minimise its impact on the environment by introducing innovations, reducing energy consumption, and increasing staff qualifications.
SCF Group’s fleet meets the highest environmental standards and complies with both existing and anticipated regulations and requirements. The company systematically renews its fleet with the introduction of modern, energy efficient tonnage, which incorporates the latest safety technologies and features. All new tankers delivered to Sovcomflot have an additional class notation confirming their high environmental compatibility. This is another proof of Sovcomflot’s commitment to being responsible.
Sovcomflot’s environmental protection policy forms an integral part of the overall Safety Management System adopted by the company to ensure safe vessel operations and prevent pollution, in accordance with the International Safety Management Code.
The main goals of the SCF environmental protection policy are to increase environmental sustainability of the fleet and to ensure the reliable and safe provision of seaborne cargo transportation services.
The Environmental Protection Policy provides for the following activities:
Environmental monitoring and audit;
Programmes aimed at increasing the competencies and awareness of personnel in relation to environmental protection;
Investment programmes to increase the energy efficiency and environmental safety of core operations;
Environmental risk management programmes, which include risk identification and assessment, implementation of environmental protection measures, and monitoring and assessing their adequacy.
SCF Group has in place an environmental management system, established in accordance with the principles, goals, and objectives set by the Environmental Protection Policy. This system encompasses the activity of all company personnel, from vessel crews to the senior management.
Reducing vessel emissions
The main types of energy resources consumed by the Group’s operations are various marine fuels.
Sovcomflot commits itself to steadily reducing its emission footprint. The company actively contributes to implementing the state programme of the Russian Federation to expand the use of LNG fuel within the transportation sector. Compared with standard marine fuels, the use of LNG allows for a dramatic reduction in the emissions of Sulphur Oxides (SOx), Nitrogen Oxide (NOx), greenhouse gas, and particulate matter.
In 2018, Sovcomflot pioneered the adoption of LNG as a primary fuel for large-capacity tankers and introduced the ‘Green Funnel’ series of the world’s first LNG-fuelled Aframax tankers. With this initiative, Sovcomflot has set a new safety standard for the global tanker industry.
In 2018, LNG fuel accounted for 12 per cent of the total fuel consumption of SCF fleet, compared with 7.7 per cent in 2017
To control emissions, the company develops a Ship Energy Efficiency Management Plan (SEEMP) for each ship. Sovcomflot also uses vessel fuel with a reduced sulphur content to fulfill EU Council Directive 2012/33/EU on the sulphur content of certain marine fuels.
Atmospheric emissions from an LNG-fuelled tanker, tonnes per year
Wastewater and waste management
A key focus of the Sovcomflot Group’s environmental protection activities is reducing the amount of wastewater and waste that gets into the World Ocean during vessel operations. These activities are carried out pursuant to the internal procedures of the Group, which encompass the requirements of both international and domestic legislation.
At present the Group’s ships are equipped with wastewater treatment systems that combine mechanical, chemical, physical-chemical (including electrolysis), and biological methods. All wastewater treatment plants on board ships have the approval of classification societies confirming compliance with the requirements of Annex IV of the MARPOL 73/78 Convention. The quality of discharged water is confirmed by a wastewater plant certificate (type approval certificate).
Management of garbage produced on ships during operations is also organised in strict compliance with Annex V of the MARPOL 73/78 Convention, which governs the prevention of pollution by garbage from ships.
Compared with 2017, the Group has reduced the total amount of garbage generated by its vessels in 2018 by 27 per cent
Improving energy efficiency
Energy consumption reduction is conducive to minimising negative impact on the environment. Sovcomflot Group has developed and implemented an Energy Conservation and Energy Efficiency Programme, aimed at promoting the efficient use of fuel and energy resources and improving the environmental sustainability of the fleet.
Energy audits are conducted regularly on the Group’s ships. These make it possible to obtain reliable information on the consumption of fuel and oil and the energy efficiency of ship engines and boilers and to identify opportunities for saving energy and increasing the energy and environmental performance of ship power plants.
During 2018, Sovcomflot continued to implement a number of organisational and technical measures to promote efficient use of fuel and energy resources and improve the environmental sustainability of the fleet:
Applying slow steaming on ships to reduce fuel consumption and air emissions. The results show that operating vessels at low speeds (7-9 knots) with the main engine loads less than 40% of MCR increases their energy efficiency and environmental compatibility.
Determining and applying the optimal pitch angle for each vessel during ballast voyage to minimise fuel consumption on the main engine. The optimal trim was determined for each series of vessels by conducting thermal tests at various pitch angles. This measure has been used on the Company’s ships since 2009.
Monitoring and optimising energy consumption for heating and ventilation in the ship’s living quarters.
Optimising the power output in navigation and harbour modes.
Establishing an energy conservation culture on ships.
Checking fuel and oil consumption meters on ships.
Monitoring the state of the hull and its timely cleaning. The main engine propeller characteristics are monitored. The speed of the ship relative to land and water, weather conditions, and propeller slip are controlled on a daily basis. In some cases, underwater images are taken to evaluate hull fouling.
Ensuring that the consumption of main engine cylinder oil does not exceed the recommended level.
Determining readiness of the ship’s power plant depending on the harbour accommodation and requiring a minimum number of mechanisms working (instant readiness and readiness at a given time).
Using innovative low-friction hull coatings in order to increase the inter-docking period, reduce the hull fouling and eliminate the need for underwater hull cleaning between dockings.
Replacing incandescent light bulbs with energy-saving (fluorescent, including compact fluorescent, and LED) bulbs on a scheduled basis. Placing light sources (local lighting, spot lighting) in an optimal way. Increasing the light output of existing sources (replacing lamp shades, cleaning them, using more efficient reflectors). Using lighting control devices (motion sensors, light sensors, timers).
http://www.scf-group.ru/en/en/fleet/sustainable_development/environmentprotectionandenergyefficiency/
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Categories: American History (Culture)
Regnery Publishing, 2016
Reviewd by Tadashi Hama
On the surface, history appears to be nothing more than a cycle of action-reaction, of waves endlessly washing upon a shore. To fully grasp history and to learn from it, one needs to go beyond the cycle and examine the people creating the waves. Thus, personalities and backgrounds are crucial elements in a complete understanding of history. What would history be like if someone else made the crucial decision? For example, during the Versailles Pease Conference following World War I, Japan raised a proposal to include a racial equality amendment to the Covenant of the League of Nations. The Conference Chairman, US President Woodrow Wilson, rejected such an amendment. Why did Wilson reject Japan’s proposal? President Harry Truman ordered the atomic bombing of Japan despite serious reservations from his advisors and American government knowledge that Japan was actively seeking to terminate hostilities. Defenders of Truman’s use of nuclear weapons state that he merely wished to end the war, but what really motivated him? Both Wilson and Truman, elected to the highest public office in the United States, were members of the Democratic Party. Is it possible that their actions were shaped in part by the history and philosophy of the Democratic Party?
Author, filmmaker and political commentator Dinesh D’Souza suggests that this could have indeed been the case. Recently, the Democrats and their “progressive” allies have been particularly strident in condemning the maltreatment of the American Indians and Black slavery, chastising “White Americans” for the former and “the South” for the latter. Upon closer examination, however, D’Souza states that responsibility for these ills rests squarely on the shoulders of the Democratic Party. D’Souza dismisses the popular notion that the Democratic Party is the party of the “common man,” of “racial equality, social justice, and equal opportunity,” and asserts that the Democratic Party, from its founding, is the party of “exploitation, murder, and plunder” and “white supremacy”.
Readers of the current book learn that the father of the Democratic Party is Andrew Jackson, then known as the “common man’s president.” Prior to becoming president, Jackson “and his cronies” obtained American Indian territory through force, threats and intimidation, selling the land to poor White settlers for a tidy profit. The land Jackson obtained through his chicanery would eventually become five southern states. In gratitude, White settlers put Jackson in the White House in 1828 and 1832, vowing their political support to the Democrats. As president, Jackson signed legislation ordering Indians to move west of the Mississippi River, despite previous US treaties that guaranteed protection. For Indians who were unable to move, they were “rounded up in internment camps” in a “policy reminiscent of the Japanese interments that a later Democratic administration would enforce during World War II.” The book states that White settlers quickly bought up the now vacant lands, further enriching Jackson “and his cronies.” For his “land stealing,” Jackson was “immensely popular with ordinary people. Jackson’s treatment of the Indians marked the “beginning of a long subsequent Democratic Party history of dispossession, cruelty, bigotry, and theft,” and his “proteges dominated the Democratic Party … until the Civil War.”
D’Souza goes on to show that the Democratic Party was the “party of slavery,” a party that did everything it could to protect Black slavery in states where it was allowed and to spread it into new American states. The support base of the Democratic Party comprised of slave owners and those who saw slavery as a “natural and normal condition of society.” D’Souza points out that northern Democrats also supported slavery, dispelling the mistaken notion that only “southerners” supported slavery. Pro-slavery supporters said that slaves were fed, housed and otherwise taken care of–thus, slavery was “a blessing to the slave and a blessing to the master.” (In 1858, Republican US Senate candidate Abraham Lincoln derided slavery, a system wherein “you work and I eat, you toil and I will enjoy the fruits of it.”)
D’Souza suggests that it is no coincidence that the modern welfare state envisioned by the Democratic Party reflects the “plantations” of the 19th century South—the state (or “master”) should be responsible for its citizens’ well being. It was the Jackson Administration that gave poor Whites access to cheap land on which to build their homes. Slavery was seen as a “positive good,” as it took care of the needs of Blacks from cradle to grave in exchange for their labor—every plantation was a “little community, with the master as its head…”.
With the abolition of slavery following the Civil War, D’Souza states that the Democrats utilized “white supremacy” to amass White support in former slave states—“it was an essential part of the Democratic Party’s strategy.” Since Democrats still held political power in the South, Democrats placed legal obstacles that prevented former slaves from fully utilizing their legal rights and backing the Republicans. Indeed, D’Souza notes, it was the Republicans who were overwhelmingly against slavery before the Civil War and after the Civil War, Republicans enacted Constitutional Amendments that outlawed slavery and gave freed Blacks full legal rights as American citizens, including the right to vote. While the Democrats ruled a racially segregated South from the “1870s to the 1930s” the rest of the country was mostly Republican, winning “most presidential elections from 1865 through the 1920s.”
One can now view President Wilson’s and President Truman in light of the history of the Democratic Party. While the Democratic Party may not be the origin of their views, both men did grow up in the Democratic South and were apparently very compatible with other Democrats. One could speculate that by the time these men were able to chose, they fell in with the Democratic Party as the party’s philosophy was entirely compatible with their own. Given today’s politically correct social climate, retelling of Wilson’s and Truman’s sordid pasts, as told by D’Souza, will never be found in any grade school history textbook.
For example, in 1915, President Woodrow Wilson held a screening of the film The Birth of a Nation at the White House for cabinet members and invited guests. The film portrayed the Ku Klux Klan, characterized by D’Souza as the “terrorist wing” of the Democratic Party, as “heroes,” taking on northern “carpetbaggers” and “protecting the honor of the South.” The film paraphrased from Wilson’s A History of the American People and drew from it as a reference source. While the Klan was depicted as heroic saviors of the White race, its real work involved terrorizing Blacks, preventing them from exercising their political rights. As to the claim by D’Souza that the Klan was the “terrorist wing” of the Democratic Party, he notes that “every prominent leader [of the Klan] was a Democrat.”
In keeping with the Democratic Party’s white supremacist policy, candidate Wilson in 1912 stated that he opposed Chinese and Japanese immigration because, he believed, they were unassimilable: “We cannot make a homo-geneous population out of people who do not blend with the Caucasian race… Oriental coolieism will give us another race problem to solve, and surely we have had our lesson.” As president, Wilson “mandated segregation for all the agencies in the federal government.” In defense of this, Wilson stated that “segregation was in fact beneficial for blacks.” It should be noted that future president Franklin D. Roosevelt, serving as Secretary of the Navy in Wilson’s cabinet, “never objecting to the de jure segregation that Wilson had imposed…”
D’Souza further adds that Wilson espoused a belief in a racial hierarchy, that some races were more “evolved” than others. For example, he considered “Orientals” an advanced race, but this group had “degenerated, basically lowering them into the black and brown category,” which, to Wilson, were lower than Whites. By viewing Wilson’s background and thinking on race, we can understand why he rejected any thought of “racial equality” as proposed by Japan.
It was ultimately President Harry Truman’s decision to use nuclear weapons against Japan. Truman made his decision on July 25, 1945 and first and foremost, his biographers have noted, was his desire to force Japan to capitulate. The current book does not explore the possibility that Truman’s racist attitudes played a key role in his decision to use nuclear weapons against Japan. However, upon noting Truman’s background, one could say that use of a weapon with unimaginable destructive force against a non-White enemy came as an easy decision to him. Had nuclear weapons been developed a year earlier, would Truman have ordered Berlin be reduced to radioactive rubble?
Truman’s upbringing could have been explored in more depth by D’Souza. Elsewhere, it is noted that Truman freely admitted that “I was raised amidst some violently prejudiced Southerners.” Truman’s younger brother and sister declared their distain of “niggers” and Harry “shared this outlook.” He took a dim view of nonwhites as he wrote in a June 22, 1911 letter to his future wife Bess Wallace: “I think one man is just as good as another so long as he’s honest and decent and not a nigger or a Chinaman. Uncle Wills says that the Lord made a white man from dust, a nigger from mud, and then threw what was left and it came down a Chinaman. He does hate Chinese and Japs. So do I. It is race prejudice I guess. But I am strongly of the opinion that negroes ought to be in Africa, yellow men in Asia, and white men in Europe and America.” Bess shared in his disapproval of being in the company of non-Whites, stating that “blacks should have their schools and we should have ours.”
Truman’s views on Blacks persisted through out his tenure as President. However, he did sign an executive order in 1948 to desegregate the US armed forces. (In 1948, Truman faced a presidential election.) Nonetheless, American military units remained segregated up until the Korean War. Rather than Truman’s order, the need for manpower during the war forced the military to integrate Blacks into White units. Truman’s view on the Chinese may have shifted a little over time. While visiting San Francisco’s Chinatown in 1944, Truman supposedly stated that “those Chinese are wonderful, they are the only colored people I trust.”
Truman’s exact feelings toward the Japanese during his tenure in office are not entirely clear, but he likely considered them “subhuman” and that “the only good Japanese was a dead one” as most Americans did during World War II. His former boss, Franklin D. Roosevelt, had no need for the Japanese race. Truman referred to them as “beasts” following the dropping of the atomic bombs. Truman’s “white supremacist” views are in fact aligned with that of his party and they do not appear to have hinder his decision to vaporize non-White cities with nuclear weapons.
The current book describes history and role of the Republicans as a counterbalance to the “racist Democrats”. As the current book was written in 2016 and released before the 2016 US presidential election, one could imagine that the main purpose of the book was to cast the Democrats and its presidential candidate in the worst possible light. Whether readers were swayed by D’Souza’s portrayals on Election Day is not known. Equally important is whether D’Souza’s findings will resonate beyond 2016.
Nonetheless, the main value of the current book is its unflinching depiction of the history of the Democratic Party, a history that has been, as D’Souza puts it, “whitewashed,” and deserves wide attention, internationally and domestically as well. A limitation of the current book is that D’Souza restricts the sociopolitical effects of Democratic thinking to the US and does not survey the Democratic Party’s feelings for non-Whites at the international level. Since a number of crucial interactions between Japan and the US occurred under Democratic leadership, to predict the outcome of future interactions between Japan and American Democrats, it is imperative to get a true accounting of their beliefs, which form the basis of their behavior. Conversely, what kind of treatment could Japan expect from Republicans? What do Republicans believe?
D’Souza makes the Republicans the heroes of the current book, but it is not entirely clear what their attitudes are to non-Whites. While US House Democrats overwhelmingly supported the 2007 “Comfort Women” Resolution, Senator Daniel Inouye, a Democrat, urged restraint on the issue. Many Republicans, such as Ileana Ros-Lehtinen, then ranking Republican member in the House Committee on Foreign Affairs, took the Democrat’s cue and chastised Japan, demanding that they “apologize”. Then thereare Republicans such as Dana Rohrabacher. He wondered aloud if there was any merit in supporting the resolution, as he characterized Japan as a “reliable security partner of the US” and commended the Japanese government for its “role in enhancing stability in the Asia-Pacific Region”. In the end, however, Rohrabacher voted in favor of the Resolution. Then there are other Republicans, such as Representatives Ron Paul and Thomas Tancredo, who criticized their fellow representatives for forcing Japan to perpetually apologize for something that the current generation of Japanese had no responsibility and for picking sides in what is essentially a political issue between Japan and Korea. (Paul and Tancredo voted against the Resolution.) It would not be wise to assume that all Republicans will come to the aid of Japan on historical issues or that all Democrats will condemn Japan for taking the “wrong interpretation” of history. However, in Japan, there is a lack of understanding of the distinction between the two major American political parties and perhaps greater understanding of the history of these American political parties will lead to better understanding of their behavior. D’Souza’s book is a step in this direction.
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Category Archives: United Kingdom
Children accused of witchcraft: abuse cases on the rise in UK (2014)
Posted on March 29, 2019 by Dr. F.P.M. van der Kraaij
Whereas the criminal practice of ritualistic murders is a revolting and sad one, another phenomenon also draws our attention. Both phenomena relate to superstition. Of course I know that fearing witches or, rather, fearing persons who people believe are possessed by an evil spirit or are thought to be witches is a universal superstition that can be found on all continents of the globe. Moreover, I certainly do not want to stigmatize a particular group of people or race. However, the focus of this website being on ritualistic practices notably ritual murders in Africa, I cannot ignore the occurrence of ritualistic murders committed by Africans that take place outside the continent.
For this reason I drew attention to the high profile case of the torso of a small black boy (‘Adam’) that was found floating in the river Thames in 2001. It proved to be a case of ritualistic murder, very likely committed by persons originating from West Africa. Unfortunately, also reports exist of ritual practices – even killings – of persons of African descent in other European countries (more later on this site).
The inclusion of the cases reported below is justified by the same reason – though these cases do not represent ritual murders. The ’cause-in-common’ of these distinct but related crimes is: superstition. Whereas the battle against superstition should be fought with all strength and conviction that we have, the rule of law should be strictly applied to those who commit these heinous crimes, be it murdering or torturing innocent people, notably children. Their suffering in the hands of the perpetrators of these crimes should end as soon as possible. Each new case is a case too much.
(Webmaster FVDK).
Victoria Climbié (left) and Kristy Bamu (right), tortured to death by relatives
who were sentenced to life imprisonment (UK)
By: RELIGION NEWS BLOG
London’s Metropolitan Police reports that cases of abuse where the child is accused of being a witch or possessed by an evil spirit are on the rise.
Thus far this year 27 allegations have been received — up from 24 in 2013.
There were 19 such cases reported in 2012, and 9 in 2011. Some 148 cases have been referred to the Metropolitan Police since 2004.
The rise in the number of reports is likely due to greater awareness among social workers, healthcare staff, teachers, pastors and others.
However, police believe many more cases are kept hidden in families and communities.
Parents, other guardians, and in several cases pastors and church members who believe a child is possessed often resort to physical abuse in order to try and get the spirits to leave.
New guidance has now been issued on how to spot children at risk of abuse linked to witchcraft.
On October 8, the Metropolitan Police Service and CCPAS, the Churches’ Child Protection Advisory Service, hosted a multi-agency event at London’s City Hall to raise awareness of child abuse linked to faith or belief.
Speaking ahead of the conference, Det Supt Terry Sharpe explained:
“Abuse linked to belief is a horrific crime which is condemned by people of all cultures, communities and faiths.
“A number of high-profile investigations brought the issue of ritual abuse and witchcraft into the headlines but it is important that professionals are clear about the signs to look for.
“Families or carers genuinely believe that the victim has been completely taken over by the devil or an evil spirit, which is often supported by someone who within the community has portrayed themselves as an authority on faith and belief.
“Regardless of the beliefs of the abusers, child abuse is child abuse. Our role is to safeguard children, not challenge beliefs. We investigate crimes against children, but our main aim is to prevent abuse in the first place. This is a hidden crime and we can only prevent it by working in partnership with the community. Project Violet aims to build trust with communities and emphasise that child protection is everyone’s responsibility.”
A training film aimed at all front-line professionals who work with children was launched at the event. The DVD, commissioned by our Project Violet team in conjunction with CCPAS, advises how to recognise the signs that a child may be suffering, or is likely to suffer, significant harm from abuse linked to witchcraft and spirit possession.
According to CCPAS the training DVD will be made provided to Local Safeguarding Children Boards (LSCBs) so they may make it available to social workers and other front line staff.
High-profile cases include Victoria Climbié (link added by the webmaster FVDK) whose great-aunt and her boyfriend — along with their pastor — believed the girl was demon-possessed.
Beaten, burned with cigarettes and forced to sleep in a bathtub, the 8-year-old girl died in February, 2000 — with 128 injuries on her body.
In 2001 the headless, limbless body of a boy aged between five and six was found floating in the river Thames. Evidence strongly suggests the boy was sacrificed in a Muti ritual.
(See elsewhere on this site, ‘The unsolved case of the torso in the Thames’. The murder boy was ‘named ‘Adam’ by the investigators. Information added by the webmaster FVDK).
In 2010, 15-year-old Kristy Bamu was tortured for three days by his sister and his boyfriend after being accused of witchcraft, and was subsequently drowned in a bathtub during an exorcism ritual.
In 2005 a leaked police report revealed that children are being trafficked into the country in order to be killed as human sacrifices:
A confidential report into the sacrifice and abuse of children at African churches describes how pastors are profiting from the trafficking of black boys into Britain.
Uncircumcised boys are being smuggled into the country for human sacrifice by fundamentalist sects whose members believe that their ritual killing will enhance spells.
TYPES OF WITCHCRAFT
Most reported cases involve what is known as “traditional witchcraft” as opposed to “contemporary witchcraft.”
Traditional Witchcraft, such as performed by shamans or witch doctors, is a magical practice — not a religion. However, it can have religious elements.
Contemporary Witchcraft is one of many types of neo-Paganism. It is religion within the broader context of occultism.
MANY COUNTRIES
The problem of children who are accused of witchcraft is not limited to England. But after several high-profile cases there is a greater awareness — and official response — that highlights such cases.
Immigration also plays a role in the rise of reports — as many immigrants bring along various beliefs and superstitions.
Many Christian churches in Africa are part of the problem as well — as traditional beliefs are mingled with Christian theology regarding demons and exorcism.
In 2009, the Associated Press reported
An increasing number of children in Africa accused of witchcraft by pastors and then tortured or killed, often by family members. Pastors were involved in half of 200 cases of “witch children” reviewed by the AP, and 13 churches were named in the case files.
Some of the churches involved are renegade local branches of international franchises. Their parishioners take literally the Biblical exhortation, “Thou shalt not suffer a witch to live.”
Screen shot – the link to the source (below) gives acces to the video ‘Witch Child Documentary’
In 2010 UNICEF, the United Nations’ children’s charity, said that accusing children of sorcery was a fairly new and growing trend in Africa, despite long-held traditional and mystic beliefs on the continent.
Where previously elderly women were accused, today the focus more often falls on young children, often some of the most vulnerable, such as orphans, disabled or poor.
Throughout Africa, the vast majority of children accused of witchcraft are not murdered but — if torture has not helped remove the evil spirits — are expelled from their homes and communities.
Exploring Issues of Witchcraft and Spirit Possession in London’s African communities
Child Abuse Linked to Accusations of Possession and Witchcraft — Eleanor Stobart, Dept. of Education and Skills
Source: Children accused of Witchcraft: abuse cases on the rise in UK
Rise in ‘witchcraft’ child abuse cases
(extensive coverage of Victoria Climbié’s murder)
Rise in cases of ritual child abuse linked to witchcraft beliefs reported, say police
“Threefold increase in allegations, say police, including two claims of rape and of children beaten ‘to drive out the devil’”
By: The Guardian
(with numerous articles on Kristy Namu’s murder)
Child abuse linked to witchcraft on the increase
“Met reveals it has investigated allegations of children having chilli rubbed into their eyes and being forced to drink noxious liquids in order to rid them of evil spirits.”
By: Martin Evans, Crime correspondent, The Telegraph
Posted in 2001, 2004, 2009, 2010, 2011, 2012, 2013, 2014, FVDK, UK, United Kingdom
The unsolved case of the torso in the Thames (2001) 2004-2005 articles – Part III
People-smuggler to be quizzed over boy’s body in Thames
A child trafficker who may have helped smuggle the River Thames “torso boy” into Britain was jailed for four-and- a-half years yesterday.
Kingsley Ojo headed a “substantial” network thought to have brought hundreds of youngsters and adults into the country to work in the sex trade, as domestic slaves or for benefit fraud. Now police hope he can shed some light on the ritual murder of the five-year-old boy they named Adam.
Southwark Crown Court in London heard that Ojo was arrested last year during a co-ordinated series of raids in the capital. He claimed to be Mousa Kamara, 30, from Sierra Leone but was soon identified as a 35-year-old Nigerian, originally from Benin City, where Adam used to live.
The court heard that Ojo had come to Britain in 1997 posing as an asylum seeker from Sierra Leone.
When police searched his flat, they found a video mock-up of ritual killings, a shot of what appeared to be a decapitated head in a basin and a voodoo artefact in the form of a rat’s skull, pierced by a long metal spike and bound in black thread.
Ojo, of Devonshire Close, Stratford, east London, admitted four charges. Two involved dishonestly obtaining a British passport in July 1999, and using a forged driving licence with intent to deceive, while two related to assisting illegal entry into this country in November 2002 and February last year.
Judge Neil Stewart said the offences were so serious that prison was inevitable. He told Ojo: “I’m satisfied your continued presence would be to the detriment of this country and I make a recommendation that you be deported upon your release from prison.”
Detective Chief Inspector Will O’Reilly, the head of the investigation into the unidentified boy’s death, said later that Ojo had been detained because of his close association with a woman, Joyce Osagiede, who was arrested in Scotland. “We believe she is closely involved in the Adam case … we also believe he assisted with her entry into the country,” he said.
He went on: “I firmly believe he [Ojo] can assist us with our inquiries and we will be looking to speak to him as soon as possible.”
Osagiede, who has since been repatriated to Nigeria, also came from Benin City, and the pair lived together for a while at a London address.
The woman, who had Ojo’s address among her belongings, told immigration officers that she had fled her country due to being caught up in a ritual cult.
She claimed her husband, who was arrested in Dublin last year and later deported to Germany, had been involved in a group which carried out “demonic rituals”. He had, she said, played an active part in the deaths of 11 children, one of whom had been their eldest child.
In her flat, police found chicken feathers and a number of other items used in west African curses. They also found clothes believed to have come from the same shop in Germany as the orange shorts found on the headless, limbless body of the child which was found floating near Tower Bridge in central London almost three years ago.
Osagiede’s two daughters are still in foster care in Scotland.
Source: People-smuggler to be quizzed over boy’s body in Thames
Jail for torso case people smuggler
A man suspected of having smuggled into the UK an African boy whose torso was later found in the Thames was jailed for four years and six months for people trafficking yesterday.
Kingsley Ojo, 35, from Stratford, east London, admitted four charges: bringing two men, whom he provided with false papers, into Britain in November 2002 and February 2003, and using a forged driving licence and passport.
Ojo headed a “substantial” network that is thought to have smuggled in hundreds of children and adults to work as prostitutes or domestic slaves.
Scotland Yard detectives do not think he killed the boy, named Adam by police, whose headless and limbless torso was recovered from the Thames in September 2001. But they believe he could hold the key to the horrific ritual murder.
Officers were initially baffled by the gruesome find. But painstaking forensic analysis of the boy’s bones established his diet, which narrowed down his place of origin to the region around Benin city in Nigeria.
Ojo, who was arrested with 20 others in a series of immigration-linked raids across London last July, is also from Benin city. He had falsely claimed to be Mousa Kamara, 30, from Sierra Leone.
Detective Chief Inspector Will O’Reilly, who heads the investigation, said Ojo was not thought to have murdered Adam, but police wanted to interview him again about his links with a woman arrested in Scotland.
Children’s clothes found in her Glasgow flat came from the same German shop as the orange shorts on Adam’s torso. She also comes from Benin city, and she and Ojo lived at the same address in London for a time.
“We believe she is closely involved in the Adam case,” Mr O’Reilly said. “Her main associate in this country was Ojo. We also believe he assisted her entry into the country. I firmly believe he can assist us with our inquiries and we will be looking to speak to him as soon as possible.”
The woman has since been “repatriated” to Nigeria and Mr O’Reilly said he could not comment further on her as a file had been submitted to the Crown Prosecution Service.
When officers searched Ojo’s flat in London, they found a video of mock-up ritual killings and a rat’s skull, thought to be a voodoo talisman.
Southwark crown court heard that Ojo came to the UK in 1997, posing as an asylum seeker, and was granted leave to remain, but forbidden to travel abroad. But when he discovered his girlfriend, Barbara Bourne, had lost a newborn son a few years previously, he used the dead boy’s birth certificate to obtain a driving licence and passport.
He then brought in illegal immigrants on cheap flights from Naples. Police think those smuggled in may have paid up to 20,000 each for a new life in Britain.
Judge Neil Stewart said he was satisfied that Ojo had an organizational role and had profited from the enterprise, and recommended that he be sent back to Nigeria when he had served his sentence.
Source: Jail for torso case people smuggler
Five witchcraft inquiries
Police and social services in London are investigating five new suspected cases of child abuse involving witchcraft.
Britain’s leading expert on witchcraft, Dr Richard Hoskins, is working with social services on allegations about fundamentalist churches in Haringey and Hackney.
They involve two boys aged 11 and 14 and three girls aged 10, 12 and 13. They were all allegedly abused after being accused by their family of being “witches”.
A Metropolitan Police report, leaked yesterday, unmasked a “trade” in young African boys brought to London to be murdered as human sacrifices.
An inquiry in which members of the African community in Newham and Hackney were questioned found a number of sects that believe in powerful spells requiring the ritual killing of male children.
It also identified cases of children abused and killed after family members accused them of being possessed by “evil spirits”.
Dr Hoskins, a chief adviser to the Met, said almost all the cases he is investigating have similar features. The children have been accused of being “possessed” and allegedly abused and tortured.
Social services took them into their care after parents called for the children to be exorcised in fundamentalist churches.
Dr Hoskins said: “We are dealing with real cases here. I have got seven cases on my books of children nationwide who have been abused in the name of witchcraft. When you actually talk to them, these are hard and fast facts. But the issue as a whole has to be dealt with very sensitively.”
Dr Hoskins worked with police on the inquiry into “Adam“, the torso found in the Thames, which he is convinced was a ritual sacrifice.
In the Adam case, detectives also spoke to Tussan le Mante, a voodoo priest or hougan, who carries out rituals in his west London flat.
Le Mante was able to tell them accounts of child abuse of which he was aware through his connection with voodoo.
Police also found children are being sold to traffickers on the streets of African cities such as Lagos, Nigeria, for under ?10 then smuggled into the UK.
They arrive in London with false documents and accompanied by adults who believe they will bolster their asylum claims.
Dr Hoskins said: “We know this through work we have been doing on the Adam inquiry. It’s the same in Kinshasa. These children are ripe for people to abuse. They are easy prey.”
The 10-month study was commissioned by the Met following the death of Victoria Climbié who was starved and beaten to death after relatives said she was possessed.
Its aim was to create an “open dialogue” with the African and Asian community in Newham and Hackney. In discussions with African community leaders, officers were told of examples of children being murdered because their parents or carers believed them to be evil.
Earlier this month, Sita Kisanga, 35, was convicted at the Old Bailey of torturing an eight-year-old girl from Angola whom she accused of being a witch. Kisanga was a member of the Combat Spirituel church in Dalston.
Many such churches, supported mainly by people from West Africa, sanction aggressive forms of exorcism.
The caretaker of the building used by the church said its leader was “an extraordinary man”.
“The pastor would come down after preaching with froth coming out of his mouth,” he said.
“The congregation made massive noise and generally caused so much disturbance that the neighbours here kicked up a fuss and got the council to evict them.”
There are believed to be 300 similar churches in the UK, mostly in London. Last month, Scotland Yard revealed it had traced only two of 300 black boys reported missing from London schools in a three-month period. The true figure for missing children is feared to be several thousand a year.
Source: Five witchcraft inquiries
People from Angola, Congo-Kinshasa (DRC) and Nigeria implicated in the inquiries
Posted in 1997, 1999, 2001, 2002, 2003, 2004, 2005, Congo-Kinshasa, country of Angola, country of DRC, country of Nigeria, country of Sierra Leone, UK, United Kingdom, West Africa
The unsolved case of the torso in the Thames (2001) 2002-2003 articles – Part II
Witchcraft bean was fed to ‘Adam’ before his murder
The African boy whose dismembered torso was found in the Thames two years ago was fed a poisonous bean used in witchcraft rituals before he was murdered, police disclosed yesterday.
The unidentified boy, named Adam by Metropolitan Police detectives, is believed to have been the victim of a ritual killing after being brought from his native Nigeria to Britain.
A substance found in the boy’s lower intestine was identified by an expert at Kew Gardens in London as the highly toxic calabar bean, from West Africa.
Police believe a preparation of the calabar bean – which can be fatal if swallowed, or cause paralysis in tiny doses – may have been used to subdue the boy, by slow paralysis, before his throat was cut. It was administered at least 24 hours before his death.
It also emerged yesterday that the murder squad, which has spent hundreds of thousands of pounds investigating the boy’s death, has prepared its first file of evidence in the case for the Crown Prosecution Service.
Scotland Yard sources played down suggestions that charges were close but officers have uncovered what they believe is cogent circumstantial evidence.
They have previously arrested a woman in Glasgow – who has since returned to Nigeria – and a man being held by police in Dublin. The pair, who are husband and wife, are not biologically related to Adam, it is understood.
The man in Dublin has been sentenced in his absence in Germany for trafficking offences and is wanted for extradition by the Germans.
A pair of child’s shorts on the headless and limbless torso of Adam, who was probably aged between four and six, also came from Germany.
Charges which might be brought in any trial include murder, conspiracy to murder and trafficking offences.
It also emerged yesterday that the Government’s leading law officer, the Attorney General, Lord Goldsmith, QC, wants to lead the prosecution team in any trial arising from the Adam investigation.
Source: Witchcraft bean was fed to ‘Adam’ before his murder
The groundbreaking hunt for Adam’s killers
Published: Monday August 4, 2003
Quoting: Sandro Contenta – Toronto Star (Canada), August 2, 2003
Link disappeared (webmaster FVDK)
DNA tests used to trace victim’s origin
Boy’s murder linked to child trafficking
LONDON�One more turn of the tide and the torso of the boy in the River Thames would have been swept out to the North Sea, the story of his chilling end buried perhaps forever in a watery grave.
But the alarm was sounded when the bright orange shorts hanging from the torso caught the eye of a passerby up high on Tower Bridge.
Police fished out what was left of Adam, the name they eventually gave the still unidentified boy, at the foot of the Globe Theatre on Sept. 21, 2001
Since then, the story pieced together of what police consider London’s first known ritual killing is macabre enough to have challenged even Shakespeare’s imagination. And the investigative work that has brought police close to cracking the case is groundbreaking.
It combined unprecedented forensic research with old-fashioned legwork that took investigators to Germany, the Netherlands, the U.S., South Africa, Nigeria, Scotland and Ireland.
The latest break in the investigation came Tuesday, when Metropolitan Police raided several homes in London and arrested 21 suspected members of a child trafficking ring.
“We’re pretty convinced that we are on to a group of individuals who trafficked Adam into the country,” said Detective Inspector William O’Reilly.
The arrests highlighted a UNICEF report the next day estimating that thousands of children have been smuggled into Britain during the past several years to be exploited as sex slaves, or for slave labour.
But public attention was especially focused on what police described as evidence of occult rituals found in the raided apartments, such as an animal skull with a nail driven through it.
Most of those arrested come from Benin City, Nigeria, an area where remarkable forensic sleuthing in the case has determined as Adam’s home.
“I must stress we are not judging any cultures,” said Andy Baker, the police commander heading the investigation. “We are investigating a crime �the crime of murder.”
When the remains of Adam were found, investigators quickly figured out that his torso had been in the water for up to 10 days, that he was black, he was between four and eight years old, and murder ended his life.
It wasn’t the first limbless and headless torso 50-year-old Ray Fysh had seen in his forensic career. But it left him scratching his head.
Bodies are dismembered, he says, either to hide the victim’s identity, or to more easily transport and dispose of the body. But with Adam, no effort had been made to weigh down or conceal the torso once his killers dumped it in the Thames.
“In fact, he had orange shorts on, which made him stand out like a beacon,” Fysh says.
Even more puzzling was the conclusion that the shorts were placed on the torso after Adam was killed, because his legs could not have been hacked off with them on. The inside tag had washing instructions in German, and the brand was made exclusively in China for a German chain of stores.
“None of us knew, really, what we were dealing with at the time,” says Fysh, a scientist with Britain’s Forensic Science Service, and the forensic co-ordinator in the Adam case.
“Nobody had come across this sort of stuff before,” he adds.
Fysh’s team began with basic forensic work. They mapped a profile of Adam’s DNA, to be used to identify his parents if they’re ever found. They covered his torso with tape in a bid to lift any hairs or fibres that might belong to the murderer, and came up blank. Swab tests found no evidence of sexual assault.
Toxicology tests found only one drug in Adam, a cough suppressant called Pholcodine, bought without a prescription at any pharmacy. Adam was treated for a cough shortly before he was killed.
“It wasn’t obvious then, but looking back on it now, it shows some sort of duty of care to this child,” Fysh says.
The way Adam’s limbs were cut off was brutally precise.
The killer either used a series of heavy, razor-sharp kitchen knives, or one that was sharpened throughout the dismemberment.
“They cut the skin, peeled the muscle back, and then cut through the bone. They never went through a joint,” Fysh says.
Dismemberment occurred when Adam was already dead. But the cause of death was no less horrible. He was slaughtered like an animal.
“The cause of death was a knife trauma to the neck,” Fysh says, choosing his words carefully. “The child then went into extensive blood loss.”
About six weeks after Adam’s torso was discovered, police searching the river for the rest of his body found seven half-burned candles wrapped inside a white cotton bedsheet. The name Adekoyejo Fola Adoye was written three times on the sheet, and cut into the candles.
But in the end, the candles and bedsheet turned out to have nothing to do with Adam. Detectives found that Adoye lived in New York, and his London-based parents had performed a ceremony with the Celestial Church of Christ to celebrate the fact that he had not been killed in the Sept. 11, 2001, attack on the World Trade Centre.
Still, police suspected they were stumbling into an uncharted area of the macabre and supernatural, and turned for guidance to Richard Hoskins, a specialist in African religions at King’s College in London.
Europol estimates there have been at least nine cases of ritual killing across Europe in the past 15 years, and Hoskins believes more are bound to occur as immigration grows.
Every year, about 300 people are killed in South Africa for muti, a Zulu word for traditional medicine. Muti is usually a mixture of herbs, but in rare cases human body parts are used.
About the same number are killed yearly in parts of Nigeria in illegal human sacrifices where the victim’s blood is offered to gods, spirits or ancestors, Hoskins adds. Body parts might be kept powerful trophies or souvenirs.
Tribes that practise animal sacrifices consider the ritual killing of humans a terrible moral and legal crime �a taboo that makes those who break it feel all the more empowered, especially when children are the victims, Hoskins says.
“Because of the innocence and the purity of the child it becomes the most powerful form of magic that can be done.”
The cut in Adam’s neck led Hoskins to believe the ritual was more likely from the west of Africa than the south.
“It was done in a very specific and deliberate way, clearly to bleed him to death in a relatively quick way. The point was to spill blood on the ground as an offering,” he says.
Hoskins says the orange colour of Adam’s shorts, and the dumping of his torso in the river is also ritually significant. He believes the murder or murderers sacrificed Adam to gain some sort of power or good luck for an undertaking in Britain.
For police, Hoskins’ theories were horribly fascinating, but brought them no closer to identifying Adam or his killers. Finding out whatever they could about his short life became the focus of Fysh’s forensic team by January, 2002.
Adam’s stomach was empty. The last time he ate was 12 to 18 hours before his death.
In his lower intestine �an area rarely examined in forensic work �they found traces of pollen from a tree found in London, but not in Africa.
“So we know he was alive and breathing in London before he was killed,” Fysh says.
Also in his lower intestine were tiny clay pellets with specks of pure gold embedded on their surface, along with what appeared to be finely ground up bones. To determine the origin of the crushed bones, they were sent to the New York forensic team that conducted innovative work to identify victims of the Sept. 11 attacks.
Hoskins says the concoction in Adam’s stomach is typical of the potions used to prepare victims for ritual killings in sub-Sahara Africa. It’s part of a process that led to Adam getting cough medicine to ensure he was a healthy offering to the gods.
“The case of Adam is definitely a ritualistic killing. There’s no doubt in my mind,” Hoskins says. “The remarkable thing is that he was brought from Africa to the U.K. specifically for the purpose.”
Hoskins didn’t believe Adam was the victim of a muti killing, but police weren’t ruling it out without hard evidence.
In April, 2002, detectives travelled to South Africa for a Johannesburg press conference where Nelson Mandela made a public appeal for information about Adam.
But in July, a break in the case would point to Hoskins’ theory.
Social workers in Glasgow had reported seeing strange items in the home of a 31-year-old West African asylum seeker. Police searched the flat and found objects they believed were associated with curses, including whisky jars filled with chicken feathers. More significant were the clothes found, which police believe were purchased in the same German shop were Adam’s orange shorts were likely bought.
The woman, Joyce Osagiede, was arrested and questioned about Adam’s murder. She was not charged, and was later deported to her Nigerian hometown, in the Benin City area.
At about the same time, Fysh’s team decided to try something never before attempted in forensic work.
They began by mapping Adam’s “mitochondrial DNA” (mtDNA), which is exclusively passed on from mothers to siblings. Children have the same mtDNA as their mother, who in turn has the same mtDNA as her mother, and so on.
They compared Adam’s mtDNA to 6,000 sequences published in scientific studies. Adam’s sequence had never been found among populations in southern African, or in people in eastern Africa. But it matched mtDNA found in the northwestern part of the continent.
To further narrow the search, the team called on the services of Ken Pye, a professor of soil geology at the University of London. The next series of tests were based on the maxim, “We are what we eat.”
There is a certain level of the mineral strontium that works its way through the food chain; from water, to earth, to plants, to animals, and, finally, into the bones of humans.
In other words, people walk around with a strontium signature that matches the one in their environment. And if a person moves from one country to another, it takes six to 10 years before the strontium signature in the bones changes to match the new habitat.
Given Adam’s likely age, his strontium signature would not only determine the place of his birth, but the place where he grew up. It matched the signature found in a zone of ancient, Precambrian rock, which in Africa is mostly predominant in Nigeria. Suddenly, the forensic evidence also began matching Hoskins’ academic research.
Fysh and detective O’Reilly travelled to Nigeria last November and spent 2�weeks collecting rocks, animal bones and vegetables from local markets in a 10,000 square kilometre area.
They also collected post-mortem human bones from three sites around the country, including Benin City.
They returned to London with 120 samples, and by the end of January matched the strontium signature in Adam’s bones to that found in a corridor stretching from Benin City to Ibaden, where villages of the Yoruba tribe dot the only main road along the way.
It was, in forensic terms, a eureka moment.
“From a torso floating in the Thames, we now think the child was born and raised in the Benin City area,” Fysh says.
Detectives have since gone to the area to post leaflets on trees about Adam’s murder, and to encourage local residents who might have information to come forward. They also publicized a reward of $110,000 for tips leading to the arrest of Adam’s killers and a $5,500 reward for information that will identify him.
The next big break came July 2, when Irish police arrested a 37-year-old Nigerian man in Dublin on an extradition warrant issued by German police.
In March, 2001, Sam Onogigovie was sentenced in his absence to seven years in Germany, for forgery and crimes linked to the trafficking of people.
He’s believed to be the estranged husband of Osagiede, the woman arrested in Glasgow and deported to Benin City last year. Police are seeking a DNA test to determine whether he’s Adam’s father, but believe he was more likely involved in smuggling the boy to London.
“It’s a case we all dearly would like to solve,” Fysh says. “At the end of the day, it’s a murder of a very young boy in grotesque circumstances.
“We want to send a message out there we will not accept this in London. We accept people’s culture. But a murder we will not accept.”
Source: The groundbreaking hunt for Adam’s killers
Focus: Muti – The Story of Adam
Quoting: Paul Vallely, Independent (England), Aug. 3, 2003
The arrest of 21 people in connection with the discovery of a child’s mutilated body in the Thames points to a network of people traffickers and an underworld of abuse and domestic slavery. Paul Vallely, who has followed the case in the two years since the torso of the young African boy was found, says the evidence leads to the bloody ritual of muti, where the body parts of children are sacrificed in pursuit of spiritual power (Independent, England, August 3, 2003).
It was the body of a five-year-old African boy. The corpse had no head. The legs had been severed above the knee and the arms cut off at the shoulder. All that remained was a torso dressed – grotesquely – in a pair of orange shorts, which had been thrown into the Thames shortly before it was discovered in September 2001. Death had been from a violent trauma to the neck, and the limbs had been “skilfully” removed after death by an experienced butcher.
Yet it was not the gruesome details of the murder and dismemberment that last week – almost two years later – led 200 police officers to launch nine simultaneous dawn raids across London and arrest 21 people. It was the contents of the stomach of the child, whom the police – in an attempt to restore some humanity to the desecrated body – had named Adam. That, and the orange shorts in which the post-mortem showed he had been dressed after death.
Ironically, the clue that first put them on the trail to the arrests turned out to be a false lead. The body had been found by Tower Bridge. Initially, detectives wondered if the mutilation might be an attempt to disguise the identity of the victim of an accident, a family row or a sex crime. But then, two miles upstream in Chelsea, they found the remnants of an African ritual, with a Nigerian name written on a sheet, carved into seven half-burned candles. Might this be a ritual killing?
In the event, the Chelsea paraphernalia turned out to be unrelated. But before the police discovered that, they had sent to Johannesburg for Professor Hendrik Scholtz, a South African pathologist who is an expert in so-called muti killings – in which adherents of traditional African magic take human body parts and grind them down to make potions they believe bring good fortune to those who drink them. The professor came to England and, after a second post-mortem, confirmed the detectives’ fears. Muti had come to Britain.
The boy’s throat, he confirmed, had been cut and his blood drained from his body, probably for use in some ritual. Most significantly his first vertebra – the one between neck and spine – had been removed. This is known in Africa as the Atlas bone, for it is said to be the bone on which the mythical giant Atlas carried the world. In muti it is believed to be the centre of the body, where all nerve and blood vessels meet, and where all power is concentrated.
There was something else. Adam’s body was well-nourished and showed no signs of abuse, sexual or otherwise. Analysis of his stomach contents showed someone troubled to give him Pholcodine, a cough linctus, not long before he died. It was the classic muti scenario of an otherwise well-treated child being “volunteered” for sacrifice by his own family.
The police set out on two main lines of inquiry. The shorts – orange, they discovered, was a lucky colour in muti – carried the label Kids & Co, the brand-name for Woolworths in Germany. Detectives traced them to a batch of 820 pairs in size 116cm (age 5-7) that had been sold in 320 German stores. But then the trail went cold.
So, too, did a five-month trawl of London’s ethnic communities. Detectives came across plenty of rumours that muti ceremonies were taking place, but no evidence – and no sign of an identity for the murdered child. Painstaking checks of the attendance registers of 3,000 nurseries and primary schools found no missing five-year-old who tallied with what was known of Adam. When they sent forensic evidence to the United States for testing it came back with the verdict from the FBI that the case was “practically insoluble”. Even a public appeal by Nelson Mandela, broadcast across Africa, was fruitless.
But the dead child had not fallen totally silent. His DNA spoke up, as did the mineral levels in his bones. Analysts were able to establish that Adam had spent his life in a 100-mile corridor in the south-west of Nigeria, between Ibadan and Benin City. Revealingly, most of those arrested last week come from Benin.
The contents of his stomach were eloquent too. Forensic examination showed that the boy had been fed a muti potion of mixed bone, clay and gold.
There was something else. Analysis of pollen found in the boy’s stomach showed he had been alive when he came to London. It is thought he was brought across Northern Europe, possibly via Germany, and lived in Britain for a few weeks before his murder. “We’ve uncovered what we believe is a criminal network concentrating on people trafficking,” said Detective Inspector Will O’Reilly, who is leading the Adam inquiry. “We don’t know how many children are involved in this operation, but it’s certainly in the hundreds, if not the thousands, coming from mainland Africa through Europe into the UK.”
Lurid accounts of child trafficking have suggested the trade is primarily to provide recruits for the sex industry. But police believe that the majority of trafficked children are put to work 12 hours a day, seven days a week, 365 days a year, in what amounts to a modern form of slavery. Only a tiny number fall victim to muti.
Much of muti is innocent. The term derives from umu thi, the Zulu word for tree, which has become a byword for any traditional medicine, good or bad. Its everyday form consists of potions made from Africa’s indigenous herbs and plants to cure common ailments. It works. A pharmaceutical company has just signed a deal with the African National Healers Association to package some muti recipes. The South African Council for Scientific and Industrial Research has, with the aid of traditional healers, launched a “bio-prospecting” project to unlock the secrets of the nation’s 23,000 indigenous plants.
Most adherents stop with the plant recipes. But some believe that more complex complaints can be cured with animal parts such as crocodile fat, hawk wings, monkey heads or dried puff adders. Before the last World Cup qualifiers a hippo, lion, elephant and hyena were slaughtered to make a potion for the Swaziland team to give its footballers extra strength.
Muti becomes disturbing when it is extended to the notion that human body parts can be used to heal or bestow special powers. For muti is not just a medicine, it is a metaphysic. It asserts that there is only so much luck in the world and each person has a limited supply of it. Very young children have not yet used all their luck, which can be transferred to whoever takes the medicine derived from their remains. This is the origin of the widespread African myth that sex with a virgin can cure someone of Aids: the younger the girl, the more potent the “medicine”.
It is unclear how widespread human muti is in West Africa. But in South Africa, where the government set up a Commission of Inquiry into Witchcraft Violence and Ritual Murders after a spate of killings of boys aged between one and six in Soweto, it is estimated that at least 300 people have been murdered for their body parts in the past decade. The figure could be as high as 500 a year. (Italics added by the webmaster FVDK)
The killings are rarely impulsive. They are done to order by sangomas, or witch doctors, commissioned by clients with a particular need. Thus human skulls are placed in the foundations of new buildings to bring good luck to the business. Body parts are buried on farms to secure big harvests, severed hands built into shop entrances to encourage customers. Human hands burnt to ash and mixed into a paste are seen as a cure for strokes. Blood “boosts” vitality; brains, political power and business success. Genitals, breasts and placentas are used for infertility and good luck, with the genitalia of young boys and virgin girls being especially highly prized. There is a belief that body parts taken from live victims are rendered more potent by their screams.
Discovering all this provided the police with another clue. The genitals of the torso in the Thames had not been removed, suggesting that his killers needed muti potions for some other purpose. Adam had been sacrificed for non-sexual reasons.
It was almost a year after the discovery of Adam’s body that the next piece of the jigsaw fell into place. A representative of the social services department in Glasgow contacted Scotland Yard and reported that one of their clients, a West African woman, had said she wanted to perform a ritual with her children. Her name was Joyce Osagiede. When police travelled to Scotland to arrest her they discovered among her daughter’s clothes a pair of orange shorts of the exact size and brand as had been found on Adam. They also discovered that she had been living in Germany – the only place the shorts had been on sale – before coming to Britain with her children. It was not enough to charge her. She later returned to Nigeria.
Then, earlier this month, police tracked down the woman’s estranged husband, Sam Onojhighovie. The 37-year-old Nigerian man had appeared at the High Court in Dublin as part of an ongoing attempt to extradite him to Germany, where he had been convicted in his absence and sentenced to seven years for offences linked to human trafficking. Scotland Yard officers visited him for questioning.
Of the 21 people arrested in the dawn raids last week 10 were illegal immigrants. None have been charged. Following the raids, Inspector O’Reilly said: “We are pretty confident we have a group of individuals who could have trafficked Adam into the country.” Police are investigating a variety of offences, including benefit fraud, selling false passports and credit card and banking swindles. So far they are still some way off piecing together the exact fate of the boy they know as Adam.
“In West Africa there are several reasons for human sacrifices – for power, money, or to protect a criminal enterprise,” said Inspector O’Reilly. “We believe the prime motive for the murder was to bring good fortune. We suspect Adam was killed to bring traffickers luck.”
Police are waiting for the results of tests to compare the DNA of Sam Onojhighovie – and everyone arrested last week – with Adam’s. If it shows that a terrible ritual murder was carried out to bring good fortune to an iniquitous scheme to traffic in human beings, there could be a grim final irony. The muti killing that was supposed to ensure the success of a criminal enterprise may actually have ensured its failure.
Source: Focus: Muti – The Story of Adam
Suspect responsible for death of 11 kids, wife tells police
Quoting: Vanguard (Nigeria), Aug. 4, 2003
LONDON – A Nigerian man questioned in connection with the suspected ritual murder of a boy whose torso was found in the River Thames nearly two years ago is responsible for the deaths of 11 children, his wife told British police, The Sunday Times reported yesterday.
Sam Onojhighovie, 37, was arrested July 2 in Dublin under a German extradition warrant for offences linked to human trafficking but has also been questioned in the Adam case, the nickname given to the boy found dead in September 2001.
His wife Joyce Osagiede told British immigration in November 2001 that she was escaping from a religious cult that had been active in her home country of Sierra Leone and in Nigeria, The Sunday Times said. She was later found to be from Nigeria.
Onojhighovie, who had been setting up branches of a new demonic cult in Germany and London, had killed 11 children, including the couples eldest daughter, she said according to the same source.
Police arrested 21 people Tuesday around London in connection with the Adam case. Those arrested were believed to be in their 20s and 30s and mostly Nigerians. They included 10 black men, nine black women and two white women, one of whom was nursing a baby.
Police have requested DNA tests from those arrested, believing one of them could be related to Adam. Adam�s limbless, headless remains were discovered floating in the River Thames near London�s famous Tower Bridge, triggering one of the most gruesome murder cases in the British capital in recent years. Police suspect the boy was the victim of a ritual killing after he was brought to Britain from the vicinity of the Southern Nigerian city of Benin.
Source: Suspect responsible for death of 11 kids, wife tells police
Arrests in ‘Adam’ torso case
Police raided nine homes across London (source: BBC)
Published: Tuesday July 29, 2003
quoting: BBC, July 29, 2003, Arrests in ‘Adam’ torso ‘ case
Police investigating the murder of a boy whose torso was found in the Thames have arrested 21 people in raids across London.
Nine addresses in east and south-east London were searched by nearly 200 Metropolitan Police officers on Tuesday morning.
Ten men and eleven women were held by police. A baby belonging to one of the women was also taken into care while the woman was being questioned.
Among the items found was the skull of an animal which had a nail driven through it.
Commander Andy Baker, from the Metropolitan Police, said: “Some of the items would raise a few eyebrows – they look like some element of ritualism is involved.”
Most of those arrested were for immigration offences, identity fraud and passport forgery.
The police were acting on information from detectives who have been investigating why the limbless and headless body of a boy ended up in the Thames.
The victim, called Adam by officers, was found in the river near Tower Bridge in September 2001.
Police suspect that he was a victim of ritual killing after being brought over from Nigeria.
Officers travelled to the African country after forensic tests showed he was from the area around Benin City.
All of the people arrested on Tuesday are from the same part of Nigeria and police want to compare their DNA with Adam’s to see if any are related to him.
Police are also looking at their connection with a Nigerian man arrested in Dublin earlier this month in connection with the investigation.
Sam Onogigovie, 37, was held under an extradition warrant issued by police in Germany, where he has been convicted of crimes linked to human trafficking.
Detectives from Scotland Yard also questioned him about the murder of Adam.
Tuesday’s arrests were made by officers from Operation Maxim, the multi-agency unit tasked with targeting organised criminals who are in the UK illegally.
Detective Inspector Will O’Reilly, leading the Adam inquiry, said: “We’ve uncovered what we believe is a criminal network concentrating on people trafficking.
“We are convinced that we are on to a group, or individuals, that were involved in trafficking Adam into the country.”
Police also said there was evidence of children having been at the raided addresses.
Detectives think Adam was aged between four and six, and was alive when he arrived in London.
They are also trying to trace the witch doctor who brewed a potion containing bone fragments which the boy swallowed before he died.
The fragments have been submitted to New York’s medical examiner who will use techniques developed to identify September 11 victims.
“Interesting substances” found in the raids will also be compared with the potion found in Adam’s intestines.
Police think some of the items confiscated could be linked to rituals.
Source: Arrests in ‘Adam’ torso case
Human parts in bush meat
Published: Thursday November 7, 2002
quoting : Western Daily News (England), Nov. 4, 2002 http://www.thisisbristol.com/ Link disappeared (webmaster FVDK).
Human flesh is being smuggled into Britain hidden in consignments of illegal bush meat, experts warned last night.
The horrifying twist to the bush meat trade was revealed with news of a raid on a London shop where it is believed human body parts were being sold.
Detectives investigating the murder of a five-year-old boy, whose torso was found in the Thames and whom officers believe was the victim of a West African ritual killing, joined a raid by environmental health officers.
There they found the first evidence of its kind linking the trade in bush meat to witchcraft ceremonies.
Officers seized items including a crocodile head, used in ritualistic dishes to “increase sexual stamina”.
Other packages of unidentifiable meat have been sent for DNA testing.
Experts say they are convinced human flesh is finding its way on to the streets as part of the illegal trade which deals in flesh from animals such as monkeys.
Clive Lawrence, Heathrow Airport’s meat transport director who joined detectives on the raid, last night said: “We have been told by moles protecting their own businesses that human flesh is being sold in this country. There is also an established trade in smuggling children, a lot disappear and no-one knows what happens to them.
“I think it is not just restricted to London, but to everywhere with high population density.”
Mr Lawrence said it was likely the trade had extended its deadly cargo to Bristol, adding he believed the murder of the Thames child – named Adam by detectives – was not a one-off.
He said underworld sources told him a human head will sell for �10,000. Flesh from a slaughtered child turned into African medicine or a “Muti” pendant, giving the wearer “incredible sexual power”, is said to cost about �5,000.
Detectives from Operation Swalcliffe investigating Adam’s death say he was smuggled in to Britain alive five days before being murdered.
They believe he was sacrificed in a ritual intended to bring good luck to his killers. In the past year police have discovered seven cases of West African religious rituals on the Thames.
Source: Human parts in bush meat
Posted in 2001, 2002, 2003, country of Nigeria, country of Sierra Leone, country of South Africa, country of Swaziland, FVDK, UK, United Kingdom
The unsolved case of the torso in the Thames (2001) March 2019 article – Part I
The torso of a little boy was discovered near the Globe Theatre in 2001
(Image: Daily Mirror)
Published: March 18, 2019 – Updated 12:56, March 21, 2019
By: Tilly Gambarotto MyLondon
In September 2001 the police found the torso of a young boy floating in the River Thames close to Southwark Bridge.
The little body, belonging to a boy between 4 and 7 years old, was spotted by a passer-by, who noticed him because of his bright orange shorts.
Police named him ‘Adam’.
Adam’s legs, arms and head had been expertly removed with extremely sharp knives as part of a suspected West African ritual sacrifice.
Poisoned and paralysed beforehand, his body had been drained of blood, and his intestines were found to contain a concoction of strange plant extracts.
It would be more than 10 years before the Metropolitan Police would find out the little boy’s real name, and the sorry story that led to his tragic death in London.
In the months after the discovery of Adam’s body, forensic teams traced the plant extracts back to West Africa, most likely Nigeria.
The boy’s body was found with no arms, legs or head (Image: Met Police)
To confuse things even more, his shorts could only have been bought in Germany or Austria.
Detectives travelled to West Africa to find out more about black magic, or ‘muti’, as it is called there.
‘Muti murders’ are committed for the purpose of using human body parts to make medicine or bring food luck, with the body parts of children or albinos considered particularly effective.
Police concluded the dark tradition of ‘muti’ had happened in their own city.
Several suspects were linked to the killing, with police uncovering what they believed to be a trafficking network bringing children from Africa to the UK.
Although there were arrests made for trafficking, the police were none the wiser about who had committed the horrific crime.
One woman, Joyce Osagiede, was arrested in Glasgow after a raid on her home led police to find a similar pair of orange shorts.
She was later deported to Nigeria and never charged with the murder.
In 2005, Adam was buried in an unmarked grave in Southwark cemetery. Only those involved in the investigation were present.
The case had gone cold, and for years it was believed that the Thames torso would never be identified.
Joyce Osiagede falsely identified this boy as Adam in 2011 before correcting herself a year later (Image: ITV London Tonight)
In 2011, an ITV journalist tracked down Joyce Osagiede in Nigeria. She was suffering from very poor mental health, but was able to reveal that she had known the little boy, whose real name was Ikponmwosa.
The little 6-year-old had, she claimed, spent time living with her while she was in Germany. She had then passed the boy onto a man she called ‘Bawa’.
When Joyce travelled to London a month later, she was told that Ikponmwosa was dead.
Asked if the boy in a photograph she showed the journalist was Adam, she replied ‘yes’.
“They used him for a ritual in the water,” she said in the interview shown on ITV’s London Tonight.
Although it appeared to be a massive breakthrough in the case, police were reluctant to believe Joyce, who was heavily medicated at the time of the interview.
And their suspicions had been right. Just one year later, Joyce gave an interview with BBC, in which she called the boy Patrick Erhabor.
Her previous identification of him as Ikponmwosa had just been a “misunderstanding”, she said.
And the man she had passed him onto was actually Kingsley Ojo, who was arrested for trafficking in 2004 but never formally linked to the murder of Adam.Adam’s killer still walks free. And his origins are likely to remain a complete mystery.
BBC journalists traced the boy shown in the photograph to discover he was actually ‘Danny’, now an adult in Hamburg and the son of a former friend of Joyce’s.
Will O’Reilly, who led Adam’s inquiry, said: “In West Africa, there are several reasons for human sacrifices – for power, money, or to protect a criminal enterprise. We believe the prime motive for the murder was to bring good fortune. We suspect Adam was killed to bring traffickers luck.
“While the sacrifice hardly bought any luck to the ring, it did not overly harm those at the top either.”
Source: The unsolved case of the torso in the Thames that will keep you awake at night
Posted in 2001, 2019, UK, United Kingdom, West Africa
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SOUTH AUSTRALIA – Abortion: A Review of South Australian Law and Practice
by International Campaign for Women's Right to Safe Abortion | posted in: Australia, News, Newsletter, Pacific | 0
Abortion: A Review of South Australian Law and Practice by John Williams, David Plater, Anita Brunacci, Sarah Kapadia and Melissa Oxlad, South Australian Law Reform Institute, Report 13, October 2019 Department for Health and Wellbeing Response to SALRI report Abortion: A Review of South Australian Law, November 2019 The South Australian Law Reform Institute (SALRI), based at the University of Adelaide, recommended major changes to South Australian abortion laws in a 560-page report to the … Continued
AUSTRALIA – New tele-abortion service opens, in wake of the closure of the Tabbot Foundation, especially for women in rural and regional areas
A new tele-abortion service, called Abortion Online, was launched in mid-October 2019 in New South Wales, which provides medical abortion consultations online or over the phone, removing the need to travel to an abortion clinic in person.
AUSTRALIA NSW – Abortion decriminalised in NSW after “mammoth debate”
There were emotional scenes in parliament as abortion was decriminalised in NSW. The New South Wales parliament has passed a law decriminalising abortion more than a century after it was included in the state’s criminal code. Overnight, the Upper House finally passed the bill and the next morning the Lower House approved its amendments. The state’s Premier Gladys Berejiklian was nowhere to be seen in the chamber when it happened, but said she would have … Continued
NSW AUSTRALIA – Law reform process in parliament postponed by NSW Premier due to anti-abortion pressure
A committee hearing in the upper house of the NSW parliament on the bill to decriminalise abortion in New South Wales (NSW) opened on 14 August. Religious leaders were among those giving evidence, including Sydney’s Catholic and Anglican archbishops, as well as Jewish, Maronite and Coptic Orthodox representatives. That same day, SBS News reported that two MPs who had voted against the bill had received death threats, which were being investigated by police. The committee … Continued
NEW SOUTH WALES AUSTRALIA – The bill to decriminalise abortion in NSW has passed its first hurdle
The Reproductive Health Care Reform Bill 2019, a private member’s bill to take abortion out of the NSW criminal code, passed the lower house of the NSW Parliament late at night on 8 August 2019 after three long days of debate and several amendments. MPs voted in favour of the bill 59 to 31, with many cheering and clapping after it was passed. The bill now goes to the upper house. For the history leading … Continued
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Home › Posts tagged cables
"Not Optimal" – What? – Explain the latest documents Mr. Obama
Posted on October 19, 2012 by bcse
Editor’s Note – Once again, the facts and documents are emerging that completely disprove ALL versions of the Obama administration’s assertions about the Benghazi terror attack that killed four Americans. Obama said:
“Because I would say, even you would admit, it was not the optimal response, at least to the American people, as far as all of us being on the same page,” to Jon Stewart on the non-news shows he runs.
Of course it was not optimal, they are covering up, obfuscating, misleading, changing stories, and plain old lying. To that, many responded including Sen. John McCain:
Sen. John McCain also weighed in disapprovingly on Fox News.
“Well, even from someone like the President, who has never known what these kinds of tragedies are about, and the service and sacrifice that people make, it’s still just — You know, I can’t even get angry. It’s just so inappropriate,” McCain said. “And I’m sure that families of those brave Americans are not amused.”
Its not just inappropriate, it is also beyond disrespectful – ask Mrs. Smith, mother of slain American Sean Smith:
Pat Smith, the mother of Sean Smith, a State Department computer specialist killed in the attack on a U.S. consulate in Libya on the anniversary of Sept. 11, said Friday in an interview with the Daily Mail that President Barack Obama had been disrespectful in his most recent attempt to explain the incident.
Smith told the Daily Mail that she was offended by president’s choice of wording.
“My son is not very ‘optimal’ — he is also very dead. I’ve not been ‘optimal’ since he died and the past few weeks have been pure hell,” she said. “How can you say somebody being killed is not very ‘optimal’? I don’t think the president has the right idea of the English language.”
How about going on a real news program, or better yet - have a press conference and come clean, or just resign!
Now we see the following report – explain this away Mr. Obama. Its at the very least “not optimal” – in fact, its probably the lowest thing your administration has done since the Fast and Furious debacle which is still hanging out there in a court.
BENGHAZI: Documents show Stevens worried about security threats, al-Qaeda
By James Rosen – Fox News
Across 166 pages of internal State Department documents – released today by a pair of Republican congressmen pressing the Obama administration for more answers on the Benghazi terrorist attack – slain U.S. Ambassador to Libya Chris Stevens and the security officers assigned to protect him repeatedly sounded alarms to their superiors in Washington about the intensifying lawlessness and violence in Eastern Libya, where Stevens ultimately died.
On September 11 – the day Stevens and three other Americans were killed – the ambassador signed a three-page cable, labeled “sensitive,” in which he noted “growing problems with security” in Benghazi and “growing frustration” on the part of local residents with Libyan police and security forces. These forces the ambassador characterized as “too weak to keep the country secure.”
In the document, Stevens also cited a meeting he had held two days earlier with local militia commanders. These men boasted to Stevens of exercising “control” over the Libyan Armed Forces, and threatened that if the U.S.-backed candidate for prime minister were to prevail in Libya’s internal political jockeying, “they would not continue to guarantee security in Benghazi.”
Roughly a month earlier, Stevens had signed a two-page cable, also labeled “sensitive,” that he entitled “The Guns of August: Security in Eastern Libya.” Writing on August 8, the ambassador noted that in just a few months’ time, “Benghazi has moved from trepidation to euphoria and back as a series of violent incidents has dominated the political landscape…The individual incidents have been organized,” he added, a function of “the security vacuum that a diverse group of independent actors are exploiting for their own purposes.”
“Islamist extremists are able to attack the Red Cross with relative impunity,” Stevens cabled. “What we have seen are not random crimes of opportunity, but rather targeted and discriminate attacks.” His final comment on the two-page document was: “Attackers are unlikely to be deterred until authorities are at least as capable.”
By September 4, Stevens’s aides were reporting back to Washington on the “strong Revolutionary and Islamist sentiment” in the city.
Scarcely more than two months had passed since Stevens had notified the Department of Homeland Security, the Department of Justice and other agencies about a “recent increase in violent incidents,” including “attacks against western [sic] interests.” “Until the GOL [Government of Libya] is able to effectively deal with these key issues,” Stevens wrote on June 25, “the violence is likely to continue and worsen.”
After the U.S. consulate in Benghazi had been damaged by an improvised explosive device, earlier that month, Stevens had reported to his superiors that an Islamist group had claimed credit for the attack, and in so doing, had “described the attack as ‘targeting the Christians supervising the management of the consulate.”
“Islamic extremism appears to be on the rise in eastern Libya,” the ambassador wrote, adding that “the Al-Qaeda flag has been spotted several times flying over government buildings and training facilities…”
The documents also contain evidence that the State Department’s denials of requests for enhanced security in Benghazi in the months leading up to 9/11 may have contributed to the ability of the attackers to plan their assault on the consulate and annex grounds without being detected.
“I’ve been placed in a very difficult spot,” said Eric A. Nordstrom, the regional security officer who testified before a House hearing last week, in a February 12 email to a colleague, “when the ambassador [Gene Cretz, at that time] that I need to support Benghazi but can’t direct MSD [a mobile security detachment] there and been advised that DS [Diplomatic Security] isn’t going to provide more than 3 agents over the long term.”
“DS is hesitant to devout [sic] resources and as I indicated previously, this has severely hampered operations in Benghazi,” wrote Karen Keshap, a State Department manager, to main State in Washington the day before. “That often means that DS agents are there guarding a compound with 2 other DOS [Department of State] personnel present. That often also means that outreach and reporting is non-existent.”
Earlier that day, February 11, a colleague of Keshap’s, Shawn P. Crowley, had apologized to her and other officials in an email for “being a broken record” on the subject of inadequate security in Benghazi. Crowley added: “[T]omorrow Benghazi will be down to two [DS] agents….This will leave us unable to do any outreach to Libyan nationals…and we will be extremely limited in the ability to obtain any useful information for reporting.”
These exchanges followed a dire report to top DS officials a few days earlier from Nordstom. In a February 1 memorandum, the officer warned that “Al-Qaida affiliated groups, including Al-Qaida In the Islamic Magreb (AQIM), and other violent extremist groups are likely to take advantage of the ongoing political turmoil in Libya. The U.S. Government remains concerned that such individuals and groups…may use Libya as a platform from which to conduct attacks in the region.”
By February 20, Nordstrom was noting the easy access that neighborhood militias enjoyed to “military grade weapons, such as RPGs and vehicle mounted, crew-served machine guns or AA weapons (23mm),” as well as “AK-47s, heavy weapons, and vehicle mounted weapons.”
In the days leading up to 9/11, warnings came even from people outside the State Department. A Libyan women’s rights activist, Wafa Bugaighis, confided to the Americans in Benghazi in mid-August: “For the first time since the revolution, I am scared.”
The documents were released by two lawmakers who have been active in probing the Benghazi case, Rep. Darrell Issa (R-CA), the chairman of the House Oversight and Government Reform Committee, and Rep. Jason Chaffetz (R-UT). In a letter to President Obama, dated October 19 and accompanied by the documents, the lawmakers faulted the administration both for providing inadequate security before 9/11, and for allegedly obfuscating the nature of the events on 9/11.
“Multiple warnings about security threats were contained in Ambassador Stevens’ own words in multiple cables sent to Washington, D.C., and were manifested by two prior bombings of the Benghazi compound and an assassination attempt on the British ambassador,” the congressmen wrote. “For this administration to assume that terrorists were not involved in the 9/11 anniversary attack would have required a willing suspension of disbelief.”
At the State Department briefing today, spokeswoman Victoria Nuland declined to comment on published reports alleging that an official working for the Central Intelligence agency had informed the Obama administration on September 12 that the Benghazi murders were an act of terrorism.
Posted in Politics-DC
Tagged with cables, Chris Stevens, Fox News, James Rosen, Jon Steart, not optimal, Obama, Pat Smith, Sean Smith, state department documents
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Father Rutler: Remembering Calvin Coolidge
During these days of transition in government, temperance in expectations is a wise policy based on experience. Calvin Coolidge said, "It is a great advantage to a president, and a major source of safety to the country, for him to know he is not a great man." The Yankee farmer was frugal with words, but they were not cheap. No fawning reporters claimed that his sober speeches sent a tingle up their legs. Magazines did not hail him as “The Second Coming,” and he would have thought it absurd to promise that his presidency was “the moment when the rise of the oceans began to slow and our planet began to heal.” Thus, he did not disappoint.
In his own instance, Coolidge’s competence was as great as his humility. True to his dictum that “One of the greatest favors that can be bestowed upon the American people is economy in government,” the nation during his administration enjoyed unprecedented prosperity, decreased income tax (he thought that the national average income tax of $300 was outrageous), a federal budget surplus, unemployment down to 3 per cent, a decline in racial strife, and a boom in technological patents and progress.
Coolidge became president at the unexpected death of Warren G. Harding, who thought of himself as a significant orator. But that splendid curmudgeon, H.L. Mencken, said of Harding’s rhetoric: “It reminds me of a string of wet sponges, it reminds me of tattered washing on the line; it reminds me of stale bean soup, of college yells, of dogs barking idiotically through endless nights. It is so bad that a sort of grandeur creeps into it.”
On the other hand, Coolidge spoke very well indeed. He was the last president to write his own speeches. Though the media caricatured him as “Silent Cal,” he gave more press conferences than any president before or since.
On the 150th anniversary of the Declaration of Independence, Coolidge said that equality, liberty, popular sovereignty and the rights of man “belong to the unseen world. Unless the faith of the American people in these religious convictions is to endure, the principles of our Declaration will perish.”
Our nation has been given a remarkable chance, through all its government branches, to set what is right, and to fix what is wrong. The prayer of our nation’s first bishop, John Carroll, in 1791 is offered again in this new year:
“We pray Thee O God of might, wisdom, and justice! Through whom authority is rightly administered, laws are enacted, and judgment decreed, assist with Thy Holy Spirit of counsel and fortitude the President of these United States, that his administration may be conducted in righteousness, and be eminently useful to Thy people over whom he presides; by encouraging due respect for virtue and religion; by a faithful execution of the laws in justice and mercy; and by restraining vice and immorality.”
Labels: Father George Rutler, President Calvin Coolidge
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Tearle.org.uk > Roll of Honour > Roll of Honour WW1 > Horace Tearle 1892, Leeds, Yorkshire, UK (Yorks Hussars)
Horace Tearle 1892, Leeds, Yorkshire, UK (Yorks Hussars)
28/05/2016 Roll of Honour WW1, War Stories WW1, Yorkshire, UKLeeds, Malaria, miner, Yorkshireewart.tearle
There really is a parish called Wortley-de-Leeds, and it was in St John the Evangelist Church of that parish, little Horace Tearle was baptised on 5 June 1892. The fear of babies dying drove Victorian parents to the the church as soon after their baby’s birth as possible. The church records show Horace was born on 28 April 1892. That is how anxious they were.
At the time of Horace’s Christening, William 1859 was a miner in Fromeside, Wortley, Leeds.
To put this family in context, William Tearle 1859 of Bramley, Leeds, married Annie Lee Lavers on 21 October 1882 in Wortley, Leeds. His parents were George Tearle 1825 of Leighton Buzzard and Maria nee Franklin. George and Maria’s first child, Julia, was born in Leighton Buzzard. Their next two children, James 1852 and Edward 1855 were born in Chipping Norton, Oxfordshire, and this James married Mary Abigail Ryder in Bramley, Leeds in 1875 and then emigrated to Australia in 1883. George and Maria moved to Leeds in about 1856, and the rest of their family – George 1857, William 1859, Elizabeth 1862 and Harry 1864 were all born in Leeds. George’s parents were Joseph Tearle 1803 and Mary Ann nee Smith. This is the family who moved from Leighton Buzzard to Preston and started the Preston Tearles. As you can see, George did not follow them to Preston, Lancashire; he went to Leeds, in Yorkshire. Charles 1894 of Preston and Horace 1892 are second cousins. The parents of Joseph Tearle 1803 were Richard Tearle 1778 of Stanbridge and Mary nee Pestel, and Richard’s parents were Joseph 1737 and Phoebe nee Capp. Thus, Horace is on the branch of Joseph 1737.
In the 1800s we were living in the grip of the Industrial Revolution, where some families made vast fortunes, whilst their factories blew contamination into the air, poured pollution and poison into the rivers, and allowed their workers’ conditions to be little better than slaves. No wonder their babies died. It was also a time of upheaval and mass migration. As mechanisation modernised farming, and fewer labourers were needed, so the farming life became untenable when people could no longer make a living from the land.
George and Maria moved North. William became a miner; here is his marriage:
It is a poignant reminder of the life they left behind; far from rural Bedfordshire, William was a miner, and George, who had been an Agricultural Labourer, was now a “labourer in a brick works.” Annie, the local lass, cannot write, but William signs in a beautiful copperplate hand and one of the witnesses is his brother James’ wife, Mary Abigail nee Ryder. Within a year, they would be in Australia.
The 1901 census, above, notes that William is a coal miner, and son James is working in a wool factory. You will have noticed that William and Annie’s first child was called James, no doubt after William’s favoured elder brother. Horace is eight years old.
The 1911 census tells us (as usual) quite a lot more. But amongst all the data, William, James and Horace are “Below ground” miners. Unfortunately, William and James do not tell us their exact roles in the mine, but Horace does. He is a “hurrier.” His role was to pull heavy carts of coal along the underground pathways to exits where the cart would be winched to the surface. The hurrier was tied to the cart with a heavy chain, and usually, at the other end of the cart, there would be a girl who was the “thruster,” pushing the cart with her hands and forehead, usually while kneeling. She would lose her hair over time due to the pressure of the cart on her head. Fortunately, Annice and Wilfred are in cloth-making factories, rather than the dreadful life girls had underground. Still, working in a factory was a job of long hours, low pay and awful working conditions. It is nice to see that all the younger children are at school, because in the 1840s children as young as five years old were working underground, in mines. Also in this picture of 1911 is Horace’s immediately younger brother Wilfred Tearle 1896 of Bramley, Leeds. He would share Horace’s story.
Goodness knows what drew Horace into The Great War, perhaps getting out from under ground to help in the developing adventure in Europe might have been a pull, or he was volunteering before he was conscripted? For whatever reason, Horace signed up on 4 Oct 1915 (the day he attested for “4 years service in the United Kingdom”) a full five months before conscription was enforced in March 1916. He was given the number 3398 and was inducted into the 3/1 Yorkshire Hussars. He was 23 years old, 5ft 6in tall, he had good vision and good physical development. He was kept on “Home” duties, meaning anywhere in the UK including Ireland, and during that time he married Annie Elizabeth Peat, on 3 June 1916. Married life came to an abrupt halt on 10 Nov 1916 when he boarded a ship in Liverpool, bound for Greece, which arrived in Salonica on the 21st. He was in the MEF, the Mediterranean Expeditionary Force. Fortunately he was a few months too late to join the action in Gallipoli, but he would have been told that his role was in warfare over Greece, the Balkans and Turkey.
I have one document that tells a great deal about how the war treated Horace. Here it is:
Firstly, you can see that he has learned another skill; he is a mechanic. In a later document he is referred to as an engineer. Perhaps when he gets back home, he may not have to be a miner. On 3 Aug 1917, Horace was driven to a field hospital with an unknown condition. On the 4th, he had an extremely high temperature, and on the 12th he was diagnosed with malaria. His life had now changed forever; you do not recover from malaria, you simply get used to coping with it. In November he is returned to his unit. On the page after this one, there is a stern order stamped on his card:
“Malaria case – Not Available for a Theatre of War where MALARIA is Prevalent.”
The fact that the order is stamped on his record shows us that this was a common event. He was posted to other units – the Royal Dragoons and the Derby Yeomanry, but he was moved on – somehow he did not fit their needs. He was finally transferred to the Labour Corps. When he was well he could work, and when he was having a malaria “turn” he could rest. On 2 Nov 1918, he joined “A” Company, the Labour Corps. He would be used to move goods and clean up after the war. Armistice day arrived on 11 November 1918, and Horace’s service was reviewed. He had enlisted on 4 Nov 1915, been in the MEF from 10 Nov 1916 to 10 Jun 1918 and then on “Home” duties until 7 Nov 1918, a total of 3 years and 35 days. During that time, Horace was transferred to Aldershot Barracks, in Hampshire. In August 1918, with too much time on his hands, Horace got into a drunken state and overstayed his leave by almost half a day. He was loudly admonished, and given three days confined to barracks as a punishment, and probably sent on parade-ground cleaning duties. It was the only blemish on his military record.
On 7 Nov 1918, Horace was transferred to soldier class “P”. He was now the reserves, he could go home, but he might also be called up at any time until his four years was up. To all intents and purposes, he was free.
Here is his medal card, which shows that the Labour Corps (his last unit) had gathered sufficient information to award him two service medals – the Victory Medal and the British Medal. In 1922, Horace signed for the receipt of his medals. With his malaria always threatening, and boiling over at times, it must have been difficult for him to accept that this is all he got for the pain he would endure for the rest of his life.
I know very little about what happened next, except that he and Annie had a girl, Joan, in 1920, and that Horace died in 1929, just 36 years old. Malaria still kills millions of people each year, and Horace’s fight with it in the 1920’s would have been difficult, and often very painful and debilitating. It is a very sad end for a man who had hoped for so much more.
← Harry Edward Tearle 1900, Leighton Buzzard, UK (RN) Horace Tearle 1893 Edlesborough, UK (RFA) →
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You are at:Home»Behaviour, Emotional & Social Difficulties»Pediatric exposure to ADHD medication an increasing problem in the US
Pediatric exposure to ADHD medication an increasing problem in the US
By Special World on 6th June 2018 Behaviour, Emotional & Social Difficulties, Research and Studies, World News
US poison control centres have recorded a substantial increase in the intentional or unintentional exposure of children and adolescents to ADHD medication, according to a new study published in the journal Pediatrics.
The study, carried out by researchers from the Center for Injury Research and Policy (CIRP), analysed calls made to the nation’s 55 poison control centres from January 2000 through to December 2014. Poison centers provide poison expertise and treatment advice by phone.
They found that 156, 365 exposures related to ADHD medications were reported in 2014. This represents an increase of 71.2 per cent from 2000 to 2011, followed by a 6.2 per cent decrease from 2011 to 2014.
Three-quarters (76.0 per cent) of exposures involved children age 12 or younger. Exposure in this age group was typically due to accidentally accessing the medication, taking or being given the wrong dosage, or taking too much medication within the specified time frame.
In the case of 13- to 19-year-olds, however, intentional medication exposures (including suspected suicide and medication abuse and/or misuse) accounted for just over half (50.2 per cent) of exposures.
Overall, the majority of exposed individuals (60.4 per cent) did not receive health care facility treatment; however, 6.2 per cent were admitted to a hospital for medical treatment, and there were three deaths.
The American Association of Poison Control Centers (AAPCC) website says that, ‘Annually, of all the calls to a poison center about a potential poisoning, more than 70 per cent of calls are managed on-site and outside of a health care facility, meaning that the caller got the help they needed over the phone and didn’t have to go to a hospital or a health care provider.’
The researchers point out that, ‘The increasing number and rate of reported ADHD medication exposures during the study period is consistent with increasing trends in ADHD diagnosis and medication prescribing’.
A 2017 study found that the prevalence of ADHD diagnoses in the US rose twofold from 6.8 per cent to 14.4 per cent between 2005 and 2014.
Gary A Smith, Director of CIRP and a senior study author, said:
Unintentional and intentional pediatric exposures to ADHD medications are an increasing problem in the US affecting children of all ages. And exposures associated with suspected suicide or medication abuse and misuse among adolescents is of particular concern, especially because these result more commonly in serious medical outcomes.
Strategies to prevent these exposures, he said, include education of parents, care-givers and adolescents; safe storage and disposal of medications; use of unit-dose packaging; and increased use of non-pharmacological interventions for ADHD.
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This is a great story from the book Chicken Soup for the Soul:
He was in the third grade class I taught at Saint Mary's School in Morris, Minnesota. All 34 of my students were dear to me, but Mark Eklund was one in a million. Very neat in appearance, he had that happy-to-be-alive attitude that made even his occasional mischievousness delightful.
Mark also talked incessantly. I tried to remind him again and again that talking without permission was not acceptable. What impressed me so much, though, was the sincere response every time I had to correct him for misbehaving. 'Thank you for correcting me, Sister!" I didn't know what to make of it at first but before long I became accustomed to hearing it many times a day.
One morning my patience was growing thin when Mark talked once too often. I made a novice-teacher's mistake. I looked at Mark and said, "If you say one more word, I am going to tape your mouth shut!"
It wasn't ten seconds later when Chuck blurted out, "Mark is talking again." I hadn't asked any of the students to help me watch Mark, but since I had stated the punishment in front of the class, I had to act on it.
I remember the scene as if it had occurred this morning. I walked to my desk, very deliberately opened the drawer and took out a roll of masking tape. Without saying a word, I proceeded to Mark's desk, tore off two pieces of tape and made a big X with them over his mouth. I then returned to the front of the room.
As I glanced at Mark to see how he was doing, he winked at me. That did it! I started laughing. The entire class cheered as I walked back to Mark's desk, removed the tape and shrugged my shoulders. His first words were, "Thank you for correcting me, Sister."
At the end of the year I was asked to teach junior high math. The years flew by, and before I knew it Mark was in my classroom again. He was more handsome than ever and just as polite. Since he had to listen carefully to my instruction in the "new math," he did not talk as much in ninth grade.
One Friday things just didn't feel right. We had worked hard on a new concept all week, and I sensed that the students were growing frustrated with themselves—and edgy with one another. I had to stop this crankiness before it got out of hand. So I asked them to list the names of the other students in the room on two sheets of paper, leaving a space
between each name. Then I told them to think of the nicest thing they could say about each of their classmates and write it down.
It took the remainder of the class period to finish the assignment, but as the students left the room, each one handed me their paper. Chuck smiled. Mark said, "Thank you for teaching me, Sister. Have a good weekend."
That Saturday, I wrote down the name of each student on a separate sheet of paper, and I listed what everyone else had said about that individual. On Monday I gave each student his or her list. Some of them ran two pages. Before long, the entire class was smiling. "Really?" I heard whispered. "I never knew that meant anything to anyone!" "I didn't know others liked me so much!"
No one ever mentioned those papers in class again. I never knew if they discussed them after class or with their parents, but it didn't matter. The exercise had accomplished its purpose. The students were happy with themselves and one another again.
That group of students moved on. Several years later, after I had returned from a vacation, my parents met me at the airport. As we were driving home, Mother asked the usual questions about the trip: How the weather was, my experiences in general. There was a slight lull in the conversation. Mother gave Dad a sideways glance and simply said, "Dad?" My father cleared his throat. "The Eklunds called last night," he began.
"Really?" I said. "I haven't heard from them for several years. I wonder how Mark is"
Dad responded quietly. "Mark was killed in Vietnam," he said. "The funeral is tomorrow, and his parents would like it if you could attend." To this day I can still point to the exact spot on 1-494 where Dad told me about Mark.
I had never seen a serviceman in a military coffin before. Mark looked so handsome, so mature. All I could think at that moment was, Mark, I would give all the masking tape in the world if only you could talk to me.
The church was packed with Mark's friends. Chuck's sister sang "The Battle Hymn of the Republic." Why did it have to rain on the day of the funeral? It was difficult enough at the graveside. The pastor said the usual prayers and the bugler played taps. One by one those who loved Mark took a last walk by the coffin and sprinkled it with holy water.
I was the last one to bless the coffin. As I stood there, one of the soldiers who had acted as a pallbearer came up to me. "Were you Mark's math teacher?" he asked. I nodded as I continued to stare at the coffin. "Mark talked about you a lot," he said.
After the funeral most of Mark's former classmates headed to Chuck's farmhouse for lunch. Mark's mother and father were there, obviously waiting for me. "We want to show you something," his father said, taking a wallet out of his pocket. "They found this on Mark when he was killed. We thought you might recognize it."
Opening the billfold, he carefully removed two worn pieces of notebook paper that had obviously been taped, folded and refolded many times. I knew without looking that the papers were the ones on which I had listed all the good things each of Mark's classmates had said about him. "Thank you so much for doing that," Mark's mother said. "As you can see, Mark treasured it."
Mark's classmates started to gather around us. Chuck smiled rather sheepishly and said, "I still have my list. It's in the top drawer of my desk at home." John's wife said, "John asked me to put his in our wedding album." "I have mine, too," Marilyn said. "It's in my diary." Then Vicki, another classmate, reached into her pocketbook, took out her wallet and showed her worn and frazzled list to the group. "I carry this with me at all times," Vicki said without batting an eyelash. "I think we all saved our lists."
That's when I finally sat down and cried. I cried for Mark and for all his friends who would never see him again.
- Helen P. Mrosla
Posted by Siopao Master at 11:22 AM
Please vote for Xandra for the best style in XING ...
[Review]Transformers 2: Revenge of the Fallen
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[Review] Blood: The Last Vampire
Vote for the Best Photo Editor of Joycee's Photo
The Great Teacher is back!
1/1 Scale Mobile Suit Gundam RX 78-2 completed
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Paano ba magmahal ang siopao?
Blogs will roll
GameOPS [video games, gadgets, etc.]
MNL48 to join sister groups in Asia Festival 2019 in Thailand
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Home gregoryblock 2019-06-18T20:06:36+00:00
Making Stem Cells
with Everyone
Editing Stem Cells to Cure Disease
rAAV
Universal Cells creates Universal Donor Stem Cells by editing the genes required for immune recognition. By using our recombinant Adeno-Associated Virus (rAAV) technology, we design and manufacture stem cell-based products that can be used as off-the-shelf cell therapies.
One Universal Stem Cell Bank
Universal Donor Cells are pluripotent and can differentiate into various cell types that can be used to treat a vast number of diseases.
Gordon Chen 2018-07-18T20:03:44+00:00
Seattle Channel profiles Astellas’ Universal Cells employee competing in the 2018 Special Olympics USA Games
For the past several months, 21-year-old Devon Adelman has served as an ambassador for Special Olympics, and she won a gold medal in the 2018 Special Olympics USA Games in stand up paddleboard. “As an [...]
Astellas Acquires Universal Cells, Inc.
February 14th, 2018|0 Comments
Acquisition enables Astellas to fully utilize proprietary technology to produce pluripotent stem cells that have the potential to lower immunological rejection in numerous therapeutic areas Tokyo, February 13, 2018 - Astellas Pharma Inc. (TSE: 4503, [...]
Astellas and Universal Cells, Inc. Announce a Collaboration Utilizing Universal Donor Cell Technology
Tokyo, October 19, 2017 - Astellas Pharma Inc. (TSE: 4503, President and CEO: Yoshihiko Hatanaka, “Astellas”) and Universal Cells, Inc. (CEO: Claudia Mitchell, “Universal Cells”) today announced that Astellas Institute for Regenerative Medicine (“AIRM”) and [...]
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Monday 4 March 2019 (other days)
or Saint Casimir
Let us rejoice in the Lord, with songs let us praise him.
St Casimir (1458 - 1484)
He was the second son of King Casimir IV of Poland. He assiduously cultivated the Christian virtues, especially chastity and generosity to the poor. Zealous in faith, he had a particular devotion to the Eucharist and the Virgin Mary. For several years, while his father was away in Lithuania (the Kings of Poland at this time were also Grand Dukes of Lithuania), he ruled Poland with great prudence and justice. He died of tuberculosis on 4 March 1484. See the articles in the Catholic Encyclopaedia and Wikipedia.
Second Reading: Pope St Gregory the Great (540 - 604)
Gregory was born in Rome and followed the career of public service that was usual for the son of an aristocratic family, finally becoming Prefect of the City of Rome, a post he held for some years.
He founded a monastery in Rome and some others in Sicily, then became a monk himself. He was ordained deacon and sent as an envoy to Constantinople, on a mission that lasted five years.
He was elected Pope on 3 September 590, the first monk to be elected to this office. He reformed the administration of the Church’s estates and devoted the resulting surplus to the assistance of the poor and the ransoming of prisoners. He negotiated treaties with the Lombard tribes who were ravaging northern Italy, and by cultivating good relations with these and other barbarians he was able to keep the Church’s position secure in areas where Roman rule had broken down. His works for the propagation of the faith include the sending of Augustine and his monks as missionaries to England in 596, providing them with continuing advice and support and (in 601) sending reinforcements. He wrote extensively on pastoral care, spirituality, and morals, and designated himself “servant of the servants of God.”
Leviticus 20:26 ©
Be consecrated to me, because I, the Lord, am holy, and I will set you apart from all these peoples so that you may be mine.
Wisdom 15:1,3 ©
You, our God, are kind, loyal and slow to anger, and you govern all things with mercy. To acknowledge you is indeed the perfect virtue, to know your power is the root of immortality.
Baruch 4:21-22 ©
Take courage, my children, call on God: he will deliver you from tyranny, from the hands of your enemies; for I look to the Eternal for your rescue, and joy has come to me from the Holy One at the mercy soon to reach you from your saviour, the Eternal.
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Some Nobel Peace Prize laureate...
Date: Thursday, December 04 2003
[comment: Is this the kind of democracy we can expect in Iraq? - NSay]
KISSINGER TO ARGENTINES ON DIRTY WAR:
"THE QUICKER YOU SUCCEED THE BETTER"
Newly declassified documents show Secretary of State
gave green light to junta, Contradict official line that Argentines "heard only what [they] wanted to hear."
While military dictatorship committed massive
human rights abuses in 1976, Kissinger advised
"If you can finish before Congress gets back, the better."
National Security Archive Electronic Briefing Book No. 104
Edited by Carlos Osorio, Assisted by Kathleen Costar
Washington, D.C., 4 December 2003 - Newly declassified State Department documents obtained by the National Security Archive under the Freedom of Information Act show that in October 1976, Secretary of State Henry Kissinger and high ranking U.S. officials gave their full support to the Argentine military junta and urged them to hurry up and finish the "dirty war" before the U.S. Congress cut military aid. A post-junta truth commission found that the Argentine military had "disappeared" at least 10,000 Argentines in the so-called "dirty war" against "subversion" and "terrorists" between 1976 and 1983; human rights groups in Argentina put the number at closer to 30,000.
http://www.gwu.edu/~nsa...
This article comes from Vive Le Canada
http://www.vivelecanada.ca
http://www.vivelecanada.ca/article/154522486-some-nobel-peace-prize-laureate
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2012 Olympics London
The Summer Olympic Games to be held in 2012 which are officially known as the Games of the XXX Olympiad, are scheduled to take place in London, United Kingdom. These games woud start from 27 July and end on 12 August 2012. London will become the first city in the world to officially host the modern Olympic Games 3 times. Previously London had hosted the Olympic games in th year 1908 and in 1948.
On 6th July 2005, London was elected as the host city during the 117th IOC Session in Singapore, defeating Moscow, New York City, Madrid and Paris after 4 rounds of voting. This successful bid was headed by former Olympic champion Sebastian Coe.
The Olympics prompted a redevelopment of many of the areas of London in which the games are to be held – particularly themed towards sustainability – while the budgetary considerations have generated some criticism.
So good luck for the tickets and for those who have already secured the tickets, you need to find a good London Hotel to make sure that you not only enjoy the olympic games but to also Visit london properly !
NO LUCK WITH OLYMPIC TICKETS ?? CLICK FOR Paralympic tickets
See my London ticket confirmation
See my Photo and article on London evening standard because I got the olympic tickets :)
Book a London Hotel
London Hotels at TubeHotels.com
Click To View All Product Categories
London Flights
London Olympics 2012 venue
1. The venue of Swimming, Paralympic Swimming, Diving, Synchronised Swimming and the Aquatics discipline of the Modern Pentathlon, during the 2012 London olympic games will be the Aquatics Centre.
2. The venue of Athletics , during the 2012 London olympic games, will be Athletes' Village
3. The venue of Basketball, Wheelchair Basketball, Wheelchair Rugby and the final stages of the Handball competition, during the 2012 London olympic games, will be the Basketball Arena which is located in the north of the Olympic Park
4. The venue of Olympic BMX competition, during the 2012 London olympic games, will be the BMX Circuit
5. The venue of some Football matches, during the 2012 London olympic games, will be the City of Coventry Stadium
6. The venue of Volleyball matches, during the 2012 London olympic games, will be Earls Court
7. The venue of Rowing, Paralympic Rowing and Canoe Sprint events , during the 2012 London olympic games, will be Eton Dorney
8. The venue of Wheelchair Tennis, during the 2012 London olympic games, will be Eton Manor
9. The venue of Boxing, Fencing, Judo, Table Tennis, Taekwondo, Weightlifting, Wrestling, Boccia, Paralympic Table Tennis, Paralympic Judo, Paralympic Powerlifting, Volleyball (Sitting), Wheelchair Fencing, during the 2012 London olympic games, will be ExCeL
10. The venue of Olympic and Paralympic Equestrian competitions, plus the combined running and shooting event of the Modern Pentathlon, during the 2012 London olympic games, will be Greenwich Park
11. The venue of Mountain Bike competitions, during the 2012 London olympic games, will be Hadleigh Farm, Essex
12. The venue of some Football matches, during the 2012 London olympic games, will be Hampden Park
13. The venue of Handball, Goalball and the Fencing discipline of Modern Pentathlon, during the 2012 London olympic games, will be Handball Arena
14. The venue of ground hockey and Paralympic Five-a-side and Seven-a-side Football, during the 2012 London olympic games, will be Hockey Centre
15. The venue of Beach Volleyball, during the 2012 London olympic games, will be the Horse Guards Parade
16. The venue of Triathlon and Marathon Swimming, during the 2012 London olympic games, will be Hyde Park
17. The media hub, during the 2012 London olympic games, will be IBC/MPC
18. The venue of Canoe Slalom, during the 2012 London olympic games, will be Lee Valley White Water Centre
19. The venue of Archery, during the 2012 London olympic games, will be Lord's Cricket Ground
20. The venue of Athletics (Marathon and Race Walk), Paralympic Athletics (Marathon), and Road Cycling (Road Race), during the 2012 London olympic games, will be The Mall
21. The venue of some Football matches, during the 2012 London olympic games, will be Millennium Stadium
22. The venue of Artistic Gymnastics, Trampoline, Basketball, Wheelchair Basketball, during the 2012 London olympic games, will be North Greenwich Arena
23. The venue of some Football matches, during the 2012 London olympic games, will be Old Trafford
24. The venue of Athletics, Paralympic Athletics , during the 2012 London olympic games, will be the Olympic Stadium
25. The venue of Shooting, Paralympic Shooting, Paralympic Archery, during the 2012 London olympic games, will be The Royal Artillery Barracks
26. The venue of some Football matches, during the 2012 London olympic games, will be St James' Park.
27. The venue of Track Cycling, Paralympic Track Cycling, during the 2012 London olympic games, will be Velodrome
28. The venue of Water Polo, during the 2012 London olympic games, will be Water Polo Arena
29. The venue of Badminton;Rhythmic Gymnastics, during the 2012 London olympic games, will be Wembley Arena
30. The venue of some Football matches, during the 2012 London olympic games, will be Wembley Stadium
31. The venue of Sailing, Paralympic Sailing, during the 2012 London olympic games, will be Weymouth and Portland
32. The venue of Lawn Tennis, during the 2012 London olympic games, will be Wimbledon
Get your country's flag here
Tickets at London Olympics 2012
Click here for the ticket prices for viewing Archery at the 2012 London Olympics
Click here for the ticket prices for viewing Athletics at the 2012 London Olympics
Click here for the ticket prices for viewing Badminton at the 2012 London Olympics
Click here for the ticket prices for viewing Basketball at the 2012 London Olympics
Click here for the ticket prices for viewing Beach Volleyball at the 2012 London Olympics
Click here for the ticket prices for viewing Boxing at the 2012 London Olympics
Click here for the ticket prices for viewing Canoeing at the 2012 London Olympics
Click here for the ticket prices for viewing Ceremonies at the 2012 London Olympics
Click here for the ticket prices for viewing Cycling at the 2012 London Olympics
Click here for the ticket prices for viewing Cycling – Track at the 2012 London Olympics
Click here for the ticket prices for viewing Diving at the 2012 London Olympics
Click here for the ticket prices for viewing Equestrian at the 2012 London Olympics
Click here for the ticket prices for viewing Fencing at the 2012 London Olympics
Click here for the ticket prices for viewing Football at the 2012 London Olympics
Click here for the ticket prices for viewing Gymnastics at the 2012 London Olympics
Click here for the ticket prices for viewing Handball at the 2012 London Olympics
Click here for the ticket prices for viewing Hockey at the 2012 London Olympics
Click here for the ticket prices for viewing Judo at the 2012 London Olympics
Click here for the ticket prices for viewing Modern Pentathlon at the 2012 London Olympics
Click here for the ticket prices for viewing Rowing at the 2012 London Olympics
Click here for the ticket prices for viewing Sailing at the 2012 London Olympics
Click here for the ticket prices for viewing Shooting at the 2012 London Olympics
Click here for the ticket prices for viewing Swimming at the 2012 London Olympics
Click here for the ticket prices for viewing Synchronised Swimming at the 2012 London Olympics
Click here for the ticket prices for viewing Table Tennis at the 2012 London Olympics
Click here for the ticket prices for viewing Taekwondo at the 2012 London Olympics
Click here for the ticket prices for viewing Tennis at the 2012 London Olympics
Click here for the ticket prices for viewing Triathlon at the 2012 London Olympics
Click here for the ticket prices for viewing Volleyball at the 2012 London Olympics
Click here for the ticket prices for viewing Water Polo at the 2012 London Olympics
Click here for the ticket prices for viewing Weightlifting at the 2012 London Olympics
Click here for the ticket prices for viewing Wrestling – Freestyle at the 2012 London Olympics
Click here for the ticket prices for viewing Wrestling – Greco–Roman at the 2012 London Olympics
An Olympic behemoth from Anish Kapoor
OLYMPIC visitors to London 2012 will be greeted by a looping steel structure taller than the Statue Of liberty. the 115m ( 377 feet ) structure has been designed by Turner prize-winning artist Anish Kapoor. 'What it gives us an object that does not perceive to have a singular image from any perspective,' he said. 'It needs a journey around the object.'
The 19.1 million project, withviewing platform, lift and restaurant, will officially be called the ArcelorMittal Orbit. Steel firm Arcelor Mittal is putting in £16 million while the rest is coming from the London Development agency. Mayor Boris Johnson said: 'Long after the games are over, our aim is to have a stunning spectacle in east London that will be recognized around the worls.
Games to be played in London Olympics 2012
London Olympics schedule in PDF format
Aquatics - Diving
Aquatics - Swimming
Aquatics - Synchronised Swimming
Aquatics - Water Polo
Archery - Bow and Arrow
Athletics - 100, 10000, 400, 800 meters, high jump, long jump etc.
Cycling - BMX
Cycling - Mountain Bike
Cycling - Road
Cycling - Track
Equestrian - Dressage
Equestrian - Eventing
Equestrian - Jumping
Gymnastics - Artistic
Gymnastics - Rhythmic
Gymnastics - Trampoline
Volleyball - Beach
Travel to London to see 2012 Olympics
London local transport - www.tfl.gov.uk
UK Rail Transport - www.nationalrail.co.uk
UK Coaches - www.nationalexpress.com
http://www.tickets.london2012.com/
One Churchill Place
London E14 5LN
Tel: 020 3 2012 000
Accommodation for 2012 Olympics in London
To serve the accomodation needs of people coming from different parts of the world and from different background, different accomodation options are made available. The hotels vary from posh hotels to budget hotels.
There would be around 100000 hotel rooms or more than that to choose. Which means every person to London will be able to find a room !
Most of the hotels are located in the the West part, making it easy to wander in London's shops, restaurants and theatres on foot.
The people visiting and staying in Central London do not have to worry as good transport facilities will make it easy for people staying in central London to get to the 2012 worldcup venues.
A special service called the Javelin service will reduce the journey from King's Cross St Pancras to the Olympic Stadium in just 7 minutes.
People who would have limited money to spend can opt for halls of residence and other student accommodation which will provide around 30000 beds.
There would be a special programme for athlete's kin. This programme will offer the visitors with an insight into everyday life in London.
And since London's is so multi cultured and diversified, every visitor will feel at home :-)
www.london2012.com
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Pens Pirates Steelers WBS Pens Penn State
Not To Be Outdone Pirates Sign Lyle Overbay
Just hours after their cross-state Rival Phillies signed Cliff Lee to a mega-deal the Pirates have announced they signed 33 year old first baseman Lyle Overbay to a one year contract.
The former Blue Jay comes equipped with a career average of .274, although he hasn't hit higher than .270 since 2006, and little power. His 20 homers last year were good for his second highest in his 10 year career, his highest being 22 in 2006.
Really Overbay is not a terrible player. He certainly isn't what the Pirates need, in fact he's basically what the Pirates have. Another left handed bat to go with Jones, Bowker, and Pearce.
Overbay's average has also regressed for three straight years. His average went .270,.265,.243. His OPS has been lower than his career average three out of the last four years, and his WAR has declined steadily for the last three seasons in a row.
That said he had a better OPS every one of those three seasons than Jones had last season. He outslugged Jones last season, and walked 14 more times in 47 less plate appearances last season. For his career Jones walked around 9% of the time, whereas Overbay walked about 11.5%.
Overbay is also a defensive improvement over Jones. Overbay is above average in all of FLD%, RF, and RF/9, substantially so in RF and RF/9. Jones has an average FLD%, an above average RF/9, and a below average RF.
Overall Overbay is a minor risk. If he fails he's gone because the Pirates only signed him to a one year deal. If he succeeds he's probably gone too at the deadline, as guys like Overbay don't really fit into this club's long terms plans. If he reverses his clear slide (a big if), he improves this team, just not by much.
This team is set up to lose 95-100 games again. This offseason has done nothing to right the ship, and Lyle Overbay is dangerously close to a David Littlefield type move, thankfully it's a one year deal.
I can only assume the team is making marginal upgrades to try and keep fans going to the game, while holding out hope for next season.
This offseason has been a punt. Signing Overbay is more of a lateral move than a vertical one, because A. If his production is steady he is only a marginal upgrade over an already below average 1B, and B. Overbay has little chance of being part of this teams future plans.
at 1:25 PM Posted by Rich
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natural growth (chronology)
cross pollination (categories)
wild growth (highlighted)
In summer 2016 Huize Frankendael and artist Edward Clydesdale Thomson started the two-year collaborative project wild care, tame neglect. For two years Thomson will embed his artistic practice in the last remaining 17th-century country house in Amsterdam researching the paradoxes of nature that abound in this cultural heritage. Within the context of the Frankendael, Thomson will cultivate his daily working environment starting with a temporary studio in the garden from where he will realise artistic interventions, new artworks addressing the surroundings, a public program of workshops and lectures, an exhibition and a performance. Within this fluid programme there is the possibility for everything to bloom and decay with the seasons. Every aspect of Thomson’s activities can be followed closely within the public sphere of this historical venue that has been both lake, mansion and city nursery.
The core of wild care, tame neglect is the long-term relationship that Frankendael and Thomson cultivate. Rarely will or can a cultural institution and artist develop an intensive, two-year cooperation. This cooperation is an experimental model for artistic production. What are the mutual expectations and possibilities? What are the practical and substantive requirements, goals and aspirations in which an artwork can come about? How is a work of art shaped by the conditions of its production? The cross-pollination between Frankendael and Thomson could be so different at the heights of summer or the depths of winter. With wild care, tame neglect, Frankendael offers an artist the unique opportunity to use this historic location both as a laboratory and exhibition space and Thomson offers the institution the possibility to explore the identity of its surroundings. Historical and contemporary notions of nature and culture, work and leisure collide in Frankendael. The house was built as a country house for the 17th-century bourgeoisie, a sign of entrepreneurship, wealth and privileges and all that entails. On the other hand Frankendael is now used as a restaurant, venue for ceremonies, meetings, recreation and contemporary art.
– Edward Clydesdale Thomson
As an artist my practice is often concerned with the places and objects on the margins of outside and inside, of wild and tamed landscapes. Be that a patterned fabric, a window blind, a gate, or a washing line: objects that form a transition from the realm of domestic and personal, to the symbolic and collective.
In October 2015, at the invitation of the board of the Frankendael Foundation, I began thinking about how my artistic practice could be of relevance within the context of Huize Frankendael. The evolving artwork, wild care, tame neglect, is the manifestation of this thinking as it develops. On this website you can find an archive of that process.
The best way of experiencing the project though is to come and see. If you would like a personal tour I’d be more than happy to show you round and you can contact info@wildcaretameneglect.nl to make an appointment.
Edward Clydesdale Thomson (b. 1982) is a Scottish/Danish artist based in the Netherlands. He is a graduate of the MFA program at the Piet Zwart Institute, Rotterdam and the BArch program at the Glasgow school of Art. He was resident at the Rijksakademie van Beeldende Kunsten, Amsterdam (2011–12). In 2011 he was awarded the Lecturis Award and nominated for the Prix de Rome. Notable recent shows include "causa finalis" (2012), Galerie Fons Welters, Amsterdam, "Prix de Rome 2011", SMART Project Space, Amsterdam, and "Secret Gardens" (2012), TENT, Rotterdam. www.edwardthomson.net
– Huize Frankendael
Huize Frankendael is the last remaining country estate within the city Amsterdam. Build in the 18th century, the house was used by people of to enjoy friendship and nature. While the city has enclosed the country estate, the joy of pleasure still remains. House, kitchen and garden are open throughout the year for the combination of nature, gastronomy and art&culture.
Frankendael Foundation welcomes the public to the 18th-century manorial estate Huize Frankendael in Amsterdam. We disclose the house as an exhibition space for contemporary art. Inspired by the Salon-d’art, the Foundation makes art resonate throughout society by means of exhibitions, lively debates, networking and recreation both inside and outside of the estate. Frankendael Foundation merges public and private domains during various events, where artists, visitors, collectors and critics meet.
Each year several exhibitions are held in the house.
Subscribe to our Facebookpage and we’ll keep you posted!
info@wildcaretameneglect.nl
wild care, tame neglect
Middenweg 72,
1097 BS Amsterdam
Huis Frankendael
http://www.huizefrankendael.nl
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WOMEN OF THE SPIRIT
GOD IS RALLYING HIS GREAT ARMY OF WOMEN...
Will you join Him?
Houston's Rainbows: Victoria's Personal Testimonies Concerning Hurricane Harvey - Victoria Boyson
Houston's Rainbows: Victoria's Personal Testimonies
Concerning Hurricane Harvey
Victoria Boyson
You have to believe in the rainbow after the rain, the good that comes from the storm. I have lived through so many storms in my life time, and while going through them I think, "There's no way anything positive can come out of this!" But after a few years, in looking back, I see what God has accomplished with the storms I've endured and the pain I've felt and I literally marvel at how He's used everything I've endured to ultimately bless me in some way. The rainbow is there for a reason. It encourages us and gives us strength and hope that God will use everything for our good if we trust Him.
The Rainbows Begin!
When you are raw inside, stressed out and going through a crisis, nothing can touch your heart more than kindness. And that has been what Houston and South East Texas has experienced. In the face of one of the worst natural disasters in the history of the state, the world has poured out it's concern and kindness on us.
Days after Hurricane Harvey began in Texas, I was contacted by a friend on Facebook from Louisiana letting me know the Cajun Navy was on its way. The Cajun Navy is just a bunch of good ole country boys from Louisiana who formed a group during Hurricane Katrina who have boats and go wherever they're needed to rescue people stranded in flood waters. Their reaction was immediate when they heard Texas was in trouble and moved quickly to help their Texan neighbors, because Texans had jumped in to help them during Katrina. That's what I call a RAINBOW.
I have simply been overwhelmed by the rainbows of kindness I've seen demonstrated in Texas!
A Looming Threat
My oldest son got married the weekend before hurricane Harvey and guess where he and his new bride decided to spend their honeymoon? Yep, on Port Aransas, an island off the coast of southern Texas, directly in the path of hurricane Harvey. Normally I don't make a habit of bothering people on their honeymoon, but there's no denying Mama's instincts and they were kicking into high gear.
At the time I contacted my son, Harvey was only a category two hurricane and my son urged me not to worry, that it would not be a problem. Still, my spirit was saying, "This is serious!"
So, like every good Mama, I prayed him off the island, honeymoon or no honeymoon, and thankfully a few hours later he called to let me know they were under a mandatory evacuation of the island. That's a RAINBOW!
With a threat still looming over South Texas, I started asking for prayers online and folks to intercede for the Texas coast. Yet, this storm seemed impervious to our rebuking and declaring, and I felt Papa God was saying, "Trust Me" and then I knew we would have to go through this.
Here's what He showed me: The name Harvey means "battle worthy, battle ready, capable of engaging in battle" and it also can mean "carnage." It was headed straight for the city of Corpus Christi, Texas, which means the "body of Christ," and also headed directly at the city of Victoria, Texas, which means "Victorious." Then it was forecast to be pushed back out into the ocean only to take another stab at the city of Houston, Texas. The city of Houston was named after Sam Houston, who was the first president and governor of Texas. The name Samuel means "sun child" or "bright as the sun."
I believe the Lord is saying to us, this storm symbolizes that in our world at this time the body of Christ is going through and will continue to go through a tremendous spiritual battle, but we will be VICTORIOUS in this battle and after we've endured the spiritual storm being launched against us, we will be as bright as the Son!
As I watched Harvey blast the southern coast of Texas, it truly devastated the coastal communities as it made land fall. As it reached the city of Victoria, Texas it seemed to sit and spin right over the city of Victoria until the eye of the hurricane shrunk to nothing and it wasn't long until it was officially reduced to a tropical storm. This revealed to me that no matter how unstoppable and terrifying our spiritual battle/storm in the world seems, it would have to bow its knee to the VICTORIOUS hand of the Lord.
I, along with intercessors all around the world, was praying ardently for Houston as it was being devastated by over 50 inches of rain and in some places 65 inches of rainfall. Truly, our prayers were NOT IN VAIN. I can tell you that there is something taking place in Houston and the surrounding areas and it's beautiful.
There is an awakening and a softening of hearts. The storm has shaken people and alerted them to something inside of themselves that had fallen asleep. It is simply unbelievable, and very difficult to describe . Every time I think about what's occurring in and around South Texas, I just end up crying. It's as if Houston has had its own "Dunkirk" moment, and average citizens stepped up and saved thousands!
It's as if the image of our Almighty Creator has come forth and taken reign, front and center in the lives of people down here. Even those who've lost so much have, themselves, gone to the aid of others, the word PRAYER and gratitude for life and limb is on every tongue. That is a tremendous RAINBOW!
Miraculous Answered Prayer!
My family and I live on a farm with only one road leading out of our neighborhood and our road was flooded and impassable: it was like ragging rapids. It seemed to be rising and there was a rather large sink hole developing under the water tearing the road apart. I had posted a video of our "little creek" and asked for prayer because we knew that our creek was connected to the Trinity River, which was flooding. After The Elijah List posted my video and asked for prayers, it was only hours until the flooding was gone and the road was repaired! It was MIRACULOUS! I was literally astounded by the power of your prayers! I KNOW it was a miraculous answer to YOUR PRAYERS!!! Thank you so much - that is another RAINBOW!
With everyone else, I watched our local TV weather non-stop and I felt Monday morning something had broken in the spiritual atmosphere. THROUGH PRAYER, the weather forecast changed from the path of Harvey going directly over Houston again to being pushed by a strong force of heated wind from the south that fought against it, pushing it further and further east of Houston. I saw on the weather cast that the heated wind looked like the shape of a boot kicking Harvey away from Texas! It was GOD ANSWERING PRAYER and kicking Harvey to the curb. Another RAINBOW!!
My husband and I were planning to launch our new church, Faith Church Conroe, September 3rd, and we were pretty anxious to be able to get out and see if our church building had taken on water. As we could finally get out of our farm, we were SO BLESSED to find that, even though the church sits next to a creek, it was mostly dry. Although it is alright, we still will not have our launching service September 3rd, and though we were hoping to try to open as a shelter there, our septic system is flooded and it wouldn't be much of a shelter without bathrooms. We're still not sure when we will schedule the launch of our church, but we are truly thankful that we can! For us, that, too, is another RAINBOW!
Concern for your fellow man has overtaken South Texas. We have the entire National Guardsmen here, the Coast Guard, Marines, Mexico is sending relief by the truck loads, the Cajun Navy is here and actively working to save lives, Red Cross, Samaritan's Purse, Operation Blessing, plus numerous other smaller groups and churches and countless individual Good Samaritans all focused on Houston and the surrounding areas. Our interstate was inundated with lines of trucks pulling boats heading into Houston from all over. God is with us in our time of need, and His heart in His people will prevail! Countless RAINBOWS!
I just want to cry when I think about how amazing the body of Christ is when you're hurting and people step in and rally for you and storm the gates of hell for you! When Good Samaritans come from all over to work and give of themselves to rescue people they don't even know, it's just phenomenal - PEOPLE ARE PHENOMENAL! We, truly, are made in God's image and we show it more through trials than we even know. You mean so much to me. You are so amazing! Bless you!
We truly are shining like the SON!!!
God Bless Texas - REALLY!
Interestingly, I have recently done a study on the life of Sam Houston and I've learned he was strategically placed in Texas by God to raise up Texas, first as a nation, then as a part of the United States of America. Without his leadership, I don't know if we would have Texas in the Union. Indeed, God brought Texas into the United States to be a LIGHT and affect the nation for His purposes and that is what we will do!
This is only the beginning of a shift in the battle that's taking place in the Spirit-realm. Heaven's army is winning the battle over the armies of darkness! God relocated my family and I to Texas in 2011 because He said Texas would see a POWERFUL OUTPOURING of His Presence! Watch and see! It will garner the attention of the nations!
Last night, my husband took a picture of a physical RAINBOW right over the top of our house! I know God's hand is on Texas and we are not afraid, because HE IS WITH US!
Father God, I thank you so much for helping us endure this trial now and into the future. You are what we need. Do not stop working on our hearts, Father, until we truly shine BRIGHT like your SON, in Jesus' name.
"Thank you," does not say enough as my heart pours out to all of you all over the world who are storming the gates of hell and pouring out intercession on our behalf. God knows and He sees you and HE WILL BLESS YOU!
The Lord gave me this word: "I know the need is great, but My PEOPLE (the body of Christ) is greater than the need! I declare over My People: Arise, Shine and become HEROES!"
The greatest thing you can do for South Texas and Louisiana is Pray:
* Pray for the PEACE of God to flood their hearts.
* Pray for MORALE to be strong.
* Pray for PROVISIONS
* Pray for RESCUES to happen safely and quickly.
* Pray for DRY weather!
* Pray for RESTORATION
www.victoriaboyson.com
VICTORIA BOYSON is co-pastor of Faith Church Conroe and founder of Victoria Boyson Ministries and Women of Impact Ministries, a ministry dedicated to raising up an army of women who will revolutionize their world and bring in the harvest. She is a passionate speaker, operating in extraordinary authority to awaken the church to their victorious reality. She's been writing for the prophetic ministry the Elijah List since 2004 and before that has worked for Francis Frangipane ministries. Along with her husband, she's worked in pastoral ministry in the mid-west. Through revelations of the Holy Spirit and the Word, Victoria is breaking down strongholds which have kept the church from fully realizing the great commission.
Based out of the Houston, Texas area, she lives with her husband and together they have 4 grown children. Called to awaken and prepare the bride of Christ for the end-time harvest, she hopes to compel His church to embrace a passionate relationship with their heavenly Father. She is the author of REVOLUTION: The White Horse Rider, God's Magnum Opus: The Value of a Women, AWAKENING: The Deep Sleep, His Passionate Pursuit and The Birth of Your Destiny.
SIGN UP TO RECEIVE OUR FREE EMAIL MESSAGES from God's powerfully anointed women all over the world atWomenofImpactMinistries.com
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Tag Archives: Kinder Morgan
Fallacy Friday
Energy East
Northern Gateway
Rachel Notley
Trans Mountain
Would pipelines even solve any of Alberta’s problems?
Image description: Alberta Premier Rachel Notley speaks at a podium, with an Alberta flag and a picture of mountains and a lake in the background. Notley recently advocated for the use of pipeline revenues to fund Canada’s transition away from fossil fuels. (Image credit: Premier of Alberta/Flickr)
It’s early days yet, but already it looks as though the great debate over pipelines will be one of the defining issues of Prime Minister Justin Trudeau’s time in office.
The pipeline issue is hot right now. Opposition to pipelines from the pro-Leap Manifesto faction of the NDP played a significant role in unseating leader Thomas Mulcair earlier this month and may yet lead to a splitting of the party. Enbridge’s Northern Gateway, long presumed dead, is poised for a potential last-minute revival thanks to the campaign-promise-breaking support and behind-the-scenes machinations of several prominent politicians. And pipeline fever won’t be going anywhere soon; with the NEB due to deliver its recommendations on Kinder Morgan’s TransMountain in just under a month, the issue will be widely discussed and debated this summer. Meanwhile, the NEB’s final report on TransCanada’s Energy East isn’t expected until March 2018, with a cabinet decision due three months later, guaranteeing that pipeline politics will feature as prominently in the run-up to the next election as they did in the last one.
This is also an issue on which our Boy Wonder PM just can’t catch a break. He finds himself attacked on all sides for his opaquely unsatisfying position. Pipeline proponents like Saskatchewan Premier Brad Wall, Alberta Premier Rachel Notley, and Conservative Party interim leader Rona Ambrose have slammed Trudeau for being insufficiently enthusiastic about pushing the issue, despite the seemingly unending litany of statements from senior cabinet ministers that this government is “committed” to “getting Canada’s resources to market” – indeed, that this is “one of the fundamental responsibilities of any Canadian Prime Minister”. Meanwhile, although the government has taken steps to make the pipeline review process at least appear more impartial and thorough, activists and environmentalists have slammed the piecemeal reforms as woefully insufficient, with some charging that they amount to little more than a fig leaf designed to provide cover for pipeline approval.
Pipelines occupy the precise intersection between economic issues and environmental concerns. The issues is therefore a kind of proxy war, a struggle over what kind of future we want to work towards. Concerns about catastrophic climate change clash with worries for the plight of the suddenly impoverished workforce of Alberta and Saskatchewan, who are facing a once-in-a-century economic calamity.
And this really does need to be stressed – things are BAD out west. Continue Reading
One First Nation’s endorsement of Energy East highlights issues with pipeline consultation
Image: a large silvery pipeline extends off into the distance under a blue sky. (Image credit: TransCanada/I don’t have any right to use this but whatevs)
“First Nations and Métis partnership is at the very heart of the Northern Gateway Project,” claims energy giant Enbridge on their website promoting the pipeline project.
In extolling the benefits of the Energy East pipeline, TransCanada boasts that “Fostering strong, long-term relationships with Aboriginal communities is, and will continue to be, an integral part of everything we do here at TransCanada…In fact, many Chiefs have already expressed their appreciation for our engagement process.”
Kinder Morgan, touting the 22 “long-term mutual support and benefit agreements” they’ve signed with First Nations along the route of Trans Mountain, promises to “continue to work with Aboriginal communities along the pipeline to build mutual benefit agreements with all communities along the proposed pipeline corridor.”
These proclamations of mutually beneficial relations with First Nations and of the support of Aboriginal communities for the pipeline process are in many ways fantasies. Each of these projects faces widespread opposition from Indigenous peoples, both at the grassroots level and among many provincial and national leaders. This opposition has in many cases escalated to the extent of constructing blockades and protest camps to prevent pipeline construction. The consultation process of which these titans of industry are so proud has been widely condemned by First Nations across the country, with Aboriginal elders in Manitoba refusing to participate in NEB consultations over Enbridge’s Line 3 due to the absurd restrictions imposed on the process.
To claim that the support of First Nations is “integral” to these companies’ success is therefore somewhat ridiculous on its face, as evidence of this support is in short supply. And yet, in another sense, these claims are absolutely true. These pipeline companies know that without at least the appearance of First Nations support, their chances of ever constructing these behemoth tar-sands tubes are slim. And so they quite reasonably do everything they can to play up the support they have received from some First Nations communities.
But even that support isn’t as simple as it may seem at first glance. Continue Reading
As 2015 comes to a close, these major ongoing issues aren’t going anywhere
This awkward week jammed in between Christmas and New Year’s is when some of the year’s most half-assed journalism gets cranked out, in the form of phoned-in Year in Review pieces, or worse, Top Ten Blanks of 201x listicles.
I don’t have a problem with retrospectives. It’s just that the last week of December is only ever the actual turning point in current events by pure chance or accident. More often than not, major stories are still developing, trends are still unfolding, and it’s too soon to pass judgement on what the legacy of recent events will actually be.
So in my final post of 2015, I’m going to eschew the lazy conventions of the genre by highlighting a few stories which are very much ongoing affairs as the year comes to a close. Continue Reading
ICYMI Monday
Trudeau’s lacklustre approach to pipelines means direct action is (still) our best hope
Image description: A person (presumably Vanessa Gray) is led away from a pipeline shutdown action by two police officers. Caption reads: ‘”The tar sands projects represent an ongoing cultural and environmental genocide. I defend the land and water because it is sacred.” – Vanessa Gray, Anishnaabe’
What Mr. Harper has consistently misunderstood about what happens in the 21st century is you cannot make a choice between what’s good for the environment and what’s good for the economy. Mr. Harper continues to say oh, we can’t do anything on the environment because we’ll hurt the economy. And not only has he not helped our environment, but he’s actually slowed our economy. He cannot get our exports to market because there is no public trust anymore. People don’t trust this government to actually look out for our long-term interest. We – he hasn’t convinced communities of the rightness of his – his pipelines, of the proposals he supports. He hasn’t been working with First Nations on the kinds of partnerships that are needed if we’re going to continue to develop our natural resources. Canada will always have an element of natural resources in our economy, but the job of the Prime Minister is to get those resources to market.
– Justin Trudeau, Maclean’s leaders’ debate, August 7 2015
Numerous times throughout this year’s election, Justin Trudeau tried to position himself as the candidate who could do what Stephen Harper, for all his efforts, never could manage to accomplish: get major tar sands pipeline construction projects approved. With a cavalier well-of-course-we’ve-gotta-exploit-the-tar-sands attitude, he insisted, again and again, that the flaw in Harper’s approach wasn’t that his government was pushing fundamentally flawed, dangerous, and ecocidal proposals, but instead was an issue of tone, of building public trust, of performing the proper consultations, of going above and beyond to assuage local safety concerns.
In some cases, that’s meant publicly opposing major proposals, like the Northern Gateway pipeline, which Trudeau’s Liberals oppose on account of its traversal of the Great Bear rainforest. But in other cases, it’s meant picking up right where Harper left off, as with Foreign Affairs Minister Stephane Dion’s spectacularly ill-timed renewal of the Harper government’s advocacy for the Keystone XL pipeline literally one day before U.S. President Barack Obama announced the project couldn’t go forward. And let’s not forget that one of Trudeau’s campaign co-chairs, Dan Gagnier, was simultaneously working as a lobbyist for TransCanada, that the Liberal Party knew about this lobbying work, and that Gagnier was advising the pipeline company on how best to lobby the new government before the election was even over.
And a lot of the time, it’s left the now-PM sounding spectacularly ill-informed to folks who are aware of the latest climate science, as when Trudeau insists that if Canada must improve our environmental reputation if we want to continue pushing tar sands projects. There exists a broad international consensus that a majority of fossil fuel reserves, including upwards of 85% of the tar sands, absolutely need to stay in the ground if the world is to avert the worst effects of runaway climate change. Continue Reading
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The 23 Transfer Target Strikers to watch this Summer: from Lewandowski to Andy Carroll
Posted on May 27, 2013 by David Dodds
With a host of top clubs on high alert for a new frontman to lead the line, David Dodds looks at the 23 strikers making up the most sought-after shopping list in world football this summer…
This summer is going to be fun. After the failure of last year’s transfer window to deliver the gross manifestations of über-affluence we’ve now come to expect, plenty of clubs will be looking to splash out this summer. One thing this window looks likely to be defined by is the lucrative movement of blockbuster strikers to the titans of contemporary football. And, as always, cash-strapped teams will also be on the prowl for a new man up top.
So here’s a look at some of the men whose painfully-protracted transfer sagas are likely to dominate media narratives this summer: players whose exorbitant transfer fees we’ll either be laughing about or lauding this time next year; cheaper options whose progress is worth keeping an eye on; a crop of youngsters so good they’ll leave you questioning how the striker could have ever been declared dead; and just a jolly good chance to acknowledge the entertainment value of speculation. Whether such media pressure lifts them to the status of icons or causes their careers to crash and burn is another story all together.
Not only is Borussia Dortmund’s Polish striker on top form at the moment, he’s also on top of the world. His consistently good performances and potency have long made him the subject of transfer speculation—and what better way to put yourself in the shop window than by helping yourself to four goals in a Champions League semi-final against Madrid?
Imagine how different his career might have been had Iceland’s volcanic ash cloud not forced him to cancel his trip to watch Blackburn play back in 2010 when he was still contracted to Lech Poznan. His career might have taken several different paths, actually, were it not for the stunning lack of foresight shown by Legia Warsaw.
They expelled him in 2006 after he got in a fight with teammate Adrian Paluchowski (who now plays in the third Polish division). He shifted down into the second division to play for Znicz Pruszków and ended up with 36 goals after two seasons. Surely now Legia, his hometown club, wouldn’t pass up the opportunity to sign a promising young striker? Wrong. Legia fan and redditor “kacperp” narrates what must be a painful story for him and his fellow Legia faithful:
‘However our sport director wasn’t interested and said this exact sentence: “We don’t need Lewandowski[,] we got Arruabarerna”. Mikel Arruabarrena is now playing in [the] 4th Spanish league[.] He never scored a goal for Legia in his six games that he played through whole season.’
So it was off to Lech Poznan he went, where he was duly scouted by and eventually moved to Dortmund.
Speculation about what’ll happen to him this summer has been partly generated by his quality displays over the past few years but fueled in the last month or so after his agent told Bild that they had ‘reached an agreement with a club and intend [him] to move this summer’. On top of this, Bayern keep dropping unsubtle hints about him, and now Klopp is telling us he wont be sticking around.
Lewandowki’s obvious potency is one attraction, but it’s likely that anyone buying him is also interested in his ability to press effectively. Klopp’s unique take on pressing—gegenpressing—has been a major contributing factor to Dortmund’s success over the past few years, and tends to mean that the striker is tasked with constantly closing down the back three or four of the opposing team. As the rate of teams improving their pressing game continues to outstrip the readily available strikers who are able to press well, someone like Lewandowski is in even higher demand.
Edin Džeko
Affluent clubs with buckets of ambition have contributed an immeasurable amount to the progress of football over the past two decades, but they also have their downsides—and stockpiling promising players in the hopes of making squads competitive or increasing depth is one of the most damaging. Džeko has been relegated to the bench for most of this season at Manchester City, with Sergio Agüero starting ahead of him. Although incredibly effective as a super sub this year, Džeko has made it clear that sitting on the bench is not where he wants to be.
With a Bundesliga title already under his belt with Wolfsburg, it wouldn’t be outrageous to put him forward as a candidate to replace Lewandowski at Dortmund. The athleticism and level of fitness that are prerequisite to play in the Premier League would make it unlikely that Džeko would have problems adopting to a side who are as industrious as Dortmund.
I’m sorry for talking about pressing so much, but that’s one of the major reasons Gomez is currently only second-choice at Bayern. One might reasonably expect one of the darlings of German football to be at a club where he was first choice, but Mario Mandžukić’s superior pressing skills are locking Gomez out. Mandžukić is also better at playing fluidly with Ribery, Kroos, Müller and Robben, drifting out to the wings or falling back into the number 10 position to allow one of the other attacking players to move into the striker’s position. This is also the reason you’ll see Klose start ahead of him or the German national team sometimes. Gomez is undoubtedly one of the best poachers in the game, but seems almost anachronistic at Bayern.
I don’t want to fault him too much, because after all, he is one of the best strikers in the world and has 17 goals from 31 appearances this season, many of them as a substitute. As with Džeko at City, its frustrating to see a player so good start on the bench—especially one who could secure a place with ease in any other team in the world. Gomez did take a season or so to settle in when he first moved to Bayern, but that probably will happen when you come for over 30 million euros to the best club in the league at a relatively young age. With plenty of experience at the highest level, though, he’d likely settle down quicker into any new club.
Real Madrid’s general manager Jose Angel Sanchez has confirmed that Higuain will be leaving the Bernabéu this summer, after six and a half seasons with the club. Unfortunately for him, the story of his move is likely to be eclipsed by the saga of who his replacement will be. Despite having over 100 goals in La Liga, he’s recently had to share the spoils with Karim Benzema as part of Madrid’s revolving cast of strikers. As with others on this list, Higuaín is another player who would benefit immensely from regular first team football at a high level, and at only 25 years old will be an attractive buy for plenty of clubs.
I always feel anxious when I see Eredivisie strikers move to bigger leagues. Last year’s Eredivisie hot property Bas Dost is having a below-average season at Wolfsburg, and Luuk De Jong, who was also the subject of much attention, is having a ‘decent’ season at best after a big money move to Borussia Mönchengladbach. The season before that top scorer Björn Vleminckx attracted Club Brugge, where he only managed nine goals in almost forty games.
The season before that, though, it was Luis Suárez plucked from the Dutch league based on his prolific scoring, in 2008 it was Klass-Jan Huntelaar and in 2006 it was Dirk Kuyt, so we’ll just keep our fingers crossed that Bony takes the lead of these latter players and not the Eredivisie’s more recent examples!
The Colombian is in a difficult position. He’s so good that he’s pushed himself into that price bracket where only five or six clubs could afford him (Neymar was there too). Luckily for him, at least a couple of those clubs actually do lack strikers, and two of them just so happen to be playing in the same league he’s flourishing in. Colombia legend Tino Asprilla has told him to pack his bags for the red side of Manchester (and the Daily Mail have helpfully ‘imagined’ what this might look for the occasion, just in case your own imagination can’t stretch that far).
Diego Simeone said he’ll back Falcao wherever he goes, and certainly seems resigned to losing him this summer. Inevitably, he has been linked to United and every other big or rich or big and rich club imaginable. Wherever he goes there’s going to be a lot of expectation resting on him, and if he is to move, his new manager will be hoping that the dexterity with which he adapted to the Spanish league after moving from Portugal will help him settle in to another league.
Pierre-Emerick Aubameyang
Saint-Étienne have had a dream season, and their surprising fourth-place finish will see them playing in Europe next year, for the second time since the turn of the millennium. Last time they qualified, for the 2008-9 UEFA cup, they were helped to a fifth-place Ligue 1 finish by Blaise Matuidi, Dimitri Payet and Bafétimbi Gomis, all of whom were eventually snapped up by bigger clubs and have now become Ligue 1 staples. Fans of the Stéphanois are justifiably worried, then, about losing this season’s star player. Not only has Aubameyang helped himself to 19 league goals, he also places pretty high on the assists table with eight—and this year has not been an outlier for the the Milan reject, who grabbed sixteen goals last season.
Burak Yilmaz
The Turkish international turned up on many people’s radars after his Champions League performances–where he was the competition’s top scorer coming out of the group stages and scored the winning-goal in Galatasaray’s win over Manchester United. But he has a long pre-history of prolific scoring in the Turkish Super Lig. After two and a half seasons with Trabzonspor, he ended his tenure there with 58 league goals and took the sensible step up to Galatasaray. Trabzonspor fans loved this move so much that they welcomed him back by throwing firecrackers at him when he returned with his new club. Despite their remonstrations, this was a wise idea. Other European clubs were sniffing around, but Yilmaz was insistent on proving himself at a top Turkish club before leaving the country. And prove himself he has. Adding to his well-documented European performances is a 30+ goal season for the Turkish champions.
Fans of clubs linked to this powerful Brazilian-international striker might take a look at his Wikipedia stats and wonder what all the fuss is about. “28 goals in 72 games? So what?”. What must be remembered is that the Brazilian domestic football calendar is carved up into two different portions, with two different leagues–the domestic league and the state championships. When taken together Damião’s return is boosted to 68 goals in 97 games. Compound that with 11 goals in 19 games in the Copa Libertadores—including one in the final which his club Internacional went on to win—makes him a very attractive prospect with a consistent and healthy strike rate.
Hopefully for the big Geordie, Liverpool’s embarrassment at paying £35 million for him will have diminished significantly since last season’s window, meaning they’ll allow him to leave for a reasonable fee to a club where he’ll get first team football. Although haunted by injury for much of this season, he has been impressive for West Ham, if not scoring then creating, and reinvigorating his telepathic partnership with Kevin Nolan. West Ham are keen to keep him, and apparently, Newcastle wouldn’t mind getting him back.
Andreas Cornelius
The 20-year-old Danish striker has had an explosive entry into domestic football, with eighteen goals in 34 games. On top of this he’s already a four-time-capped Danish international. Ajax, with their strong Danish contingent, must look attractive as a stepping stone for him.
Philipp Hosiner
He’s been tearing up Austria’s Bundesliga this season, with more goals than games played. Not going to make a huge splash, but the 23-year-old striker might do well in Germany.
Carlos Bacca
Slightly older than the usual talent sniped from the Belgian Pro League, and slightly less well-known than his fellow countryman Falcao, this 26-year-old Colombian international striker has just been named Belgium’s player of the year. A consistently potent striker in both South America and now in one of Europe’s better leagues, Bacca made his first appearance in a European competition with three goals in seven in the Europa league. Again, he wont be making a big splash anywhere, but for a team lacking confidence in front of goal someone like Bacca would be a shrewd investment.
Son Heung-Min
Hamburg’s precocious 20-year-old South Korean-international striker has had another good season in the Bundesliga. When he was younger he was compared, perhaps prematurely, to Gerd Müller and had his praises sung by Franz Beckenbauer. A Hamburg first team regular since he was a teenager, Son isn’t the fastest, but he’s versatile, visionary and scores from all over the pitch.
SOME LESS POSSIBLE POSSIBILITIES:
Even though he’s the main man at PSG, it still wouldn’t surprise anyone if he made a move this summer. He hasn’t won an English title yet, so City and Chelsea fans will be preying he’s a completionist.
Anyone need to sell a load of merchandise? Buy this man! One of the great sagas of this summer—unless he subverts it by signing a new contract or pledging his allegiance—will be where Rooney goes.
An interesting one. He’d benefit from another season at Villa—who pulled off something of a coup in getting him in the first place—especially since they’ve secured Premier League survival. At the same time, adapting to the league so quickly makes him an attractive buy, especially for a club who need a quick fix. This Sun headline sums up Villa’s position on the matter quite nicely.
Stevan Jovetić
Fiorentina’s Montenegrin striker has been on everyone’s radar since his first season in Italy, and has since been linked to almost every top European club under the sun. Will some of the speculation finally ring true? Fiorentina have had a cracking season under the tutelage of former-Roma legend Vincenzo Montella, and will be playing European football next year after a fourth-place finish. With the hugely-talented Adem Ljajić and underrated Borja Valero behind him, he’s been La Viola’s top scorer for two years in a row. Any potential manager, though, will have to factor his injury record into their considerations.
Unlikely to leave Chelsea, but will be playing for them next season, or back out on loan again?
Tasty but expensive. This might seem like a redundant comment given that this applies to most of the players on this list—but Cavani—unlike some of the cheaper options—is already proven at the highest level.
Needs no introduction, not even to Robert Mugabe. Liverpool, given their position going into this season, could have done much worse. But are they still attractive enough for Liverpool’s ‘false winger’ (as Brenden Rodgers has described him) to pledge allegiance?
Hasn’t had a bad season, all things considered (perhaps with the exception of his transfer fee). Chelsea will likely be one of the clubs buying one or more of the strikers featured further up this list, so Torres’s opportunities to play are likely to be fewer. He has indicated his desire both to see out his contract at Chelsea and to play under Jose—but I’d be disappointed to see him relegated to third-choice striker.
Francis Jeffers
A blockbuster striker whose wages were too high even for Floriana—one of Malta’s biggest clubs—to pay. A trailblazer who paved the way for Emile Heskey to play in the A-League. A former England international. I hear Monaco are after him. Exactly which Monaco I’m talking about I’ll leave you to decide.
@The_False_Nine
This entry was posted in Analysis and opinion and tagged Andreas Cornelius, andy carroll, Burak Yilmaz, Carlos Bacca, christian benteke, edin dzeko, edinson cavani, fernando torres, francis jeffers, gonzalo higuain, Leandro Damião, luis suarez, mario gomez, Philipp Hosiner, Pierre-Emerick Aubameyang, radamel falcao, robert lewandowski, romelu lukaku, Son Heung-Min, stevan jovetic, strikers, transfer rumours, wayne rooney, wilfried bony, zlatan ibrahimovic by David Dodds. Bookmark the permalink.
About David Dodds
Sportswriter covering global football, from the ninth division in Germany to matches in Antarctica to (more frequently) England and the Bundesliga. My work has also been featured by World Soccer Magazine, In Bed With Maradona and Bundesliga Fanatic. I get on the radio for an hour every week with fellow TFNer Simon to talk about the week's football. Find me on twitter.
View all posts by David Dodds →
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OFFICIAL: Bruno Gunn has been officially cast as Brutus in The Hunger Games: Catching Fire!
More casting news! Lionsgate has announced that Bruno Gunn has been officially cast as Brutus in The Hunger Games: Catching Fire! Below is the official press release.
BRUNO GUNN CAST AS BRUTUS IN LIONSGATE’S THE HUNGER GAMES: CATCHING FIRE
Santa Monica, CA, August 8, 2012- Lionsgate® and the filmmakers of THE HUNGER GAMES: CATCHING FIRE are pleased to announce that Bruno Gunn has been cast in the role of Brutus in the much anticipated film adaptation of Suzanne Collins’ worldwide smash hit novel Catching Fire. Brutus is a former Career victor from District 2.
Gunn has co-starred in a variety of films, most recently the comedy hit Bad Teacher, and is recognizable to TV audiences from frequent guest starring roles including on “The Office”, “Curb Your Enthusiasm,” “Sons Of Anarchy,” “Oz,” and “Prison Break.”
THE HUNGER GAMES: CATCHING FIRE begins as Katniss Everdeen has returned home safe after winning the 74th Annual Hunger Games along with fellow tribute Peeta Mellark. Winning means that they must turn around and leave their family and close friends, embarking on a “Victor’s Tour” of the districts. Along the way Katniss senses that a rebellion is simmering, but the Capitol is still very much in control as President Snow prepares the 75th Annual Hunger Games (The Quarter Quell) – a competition that could change Panem forever.
THE HUNGER GAMES: CATCHING FIRE will be directed by Francis Lawrence, and produced by Nina Jacobson’s Color Force in tandem with producer Jon Kilik. The novel on which the film is based is the second in a trilogy that has sold more than 50 million books in print and digital in the U.S. alone.
Lionsgate will release THE HUNGER GAMES: CATCHING FIRE on November 22, 2013.
Ongoing casting news and information for the film can be found at: www.CatchingFireCasting.com
Let us know what you think of Bruno Gunn as Brutus on the comments below!
Posted by The Hunger Gamers at 8/08/2012
Labels: Official
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Thomas Edward Joseph Baring1
M, #27741, b. 1979
Last Edited=18 Oct 2003
Thomas Edward Joseph Baring was born in 1979.1 He is the son of Oliver Alexander Guy Baring and Veronica Henderson.1
[S8] BP1999 volume 1, page 120. See link for full details for this source. Hereinafter cited as. [S8]
John Campbell Arthur Houghton1
John Campbell Arthur Houghton lived at Sparnon, Torquay, Devon, EnglandG.1
Child of John Campbell Arthur Houghton
Hermione Houghton+1 d. 5 Mar 1944
Major Arthur Gerald Boyle1
M, #27743, b. 26 July 1865, d. 30 June 1912
Major Arthur Gerald Boyle was born on 26 July 1865.1 He was the son of Colonel Gerald Edmund Boyle and Lady Elizabeth Theresa Pepys.1 He married Elizabeth Evelyn Pulteney, daughter of Reverend R. J. Pulteney, on 7 June 1890.1 He died on 30 June 1912 at age 46.1
He gained the rank of Captain in the Prince Albert's Somersetshire Light Infantry.1 He gained the rank of Major adn Honorary Lieutenant-Colonel in the West Somerset Yeomanry.1
Elizabeth Evelyn Pulteney1
F, #27744, d. 15 April 1926
Elizabeth Evelyn Pulteney was the daughter of Reverend R. J. Pulteney.1 She married Major Arthur Gerald Boyle, son of Colonel Gerald Edmund Boyle and Lady Elizabeth Theresa Pepys, on 7 June 1890.1 She died on 15 April 1926.1
Her married name became Boyle.
Reverend R. J. Pulteney1
Reverend R. J. Pulteney was the Rector at Ashley, Hampshire, EnglandG.1
Child of Reverend R. J. Pulteney
Elizabeth Evelyn Pulteney1 d. 15 Apr 1926
Captain Hon. Frederick John Boyle1
M, #27746, b. 4 July 1875, d. 18 October 1955
Captain Hon. Frederick John Boyle was born on 4 July 1875.1 He was the son of Colonel Gerald Edmund Boyle and Lady Elizabeth Theresa Pepys.1 He married Frances Marion Grace Barndon, daughter of Francis Barndon, on 27 March 1920.1 He died on 18 October 1955 at age 80, without issue.1
He gained the rank of Captain in the Royal Army Service Coprs.1 He gained the rank of Captain in the 3rd Battalion, Oxfordshire Light Infantry.1 He fought in the First World War.1 On 7 March 1935 he was granted the rank of an earl's younger son.1
Frances Marion Grace Barndon1
Frances Marion Grace Barndon is the daughter of Francis Barndon.1 She married Captain Hon. Frederick John Boyle, son of Colonel Gerald Edmund Boyle and Lady Elizabeth Theresa Pepys, on 27 March 1920.1
Francis Barndon1
Child of Francis Barndon
Violet Flower1
F, #27749, b. 1880, d. 23 January 1974
Last Edited=6 May 2017
Violet Flower was born in 1880.2 She was the daughter of Arthur Flower and Isabel Margaretta Cokayne Pauncefort-Duncombe.1,3 She married Major Hon. Reginald Courtenay Boyle, son of Colonel Gerald Edmund Boyle and Lady Elizabeth Theresa Pepys, on 29 October 1908.3 She died on 23 January 1974.3
Children of Violet Flower and Major Hon. Reginald Courtenay Boyle
Patrick Reginald Boyle, 13th Earl of Cork1 b. 7 Feb 1910, d. 8 Aug 1995
John William Boyle, 14th Earl of Cork+4 b. 12 May 1916, d. 14 Nov 2003
Lady Elizabeth Theresa Boyle+3 b. 19 Jul 1920, d. 1981
[S2] Peter W. Hammond, editor, The Complete Peerage or a History of the House of Lords and All its Members From the Earliest Times, Volume XIV: Addenda & Corrigenda (Stroud, Gloucestershire, U.K.: Sutton Publishing, 1998), page 207. Hereinafter cited as The Complete Peerage, Volume XIV.
[S8308] Sara Flower, "re: Flower Family," e-mail message to Sara Flower, 5 May 2017. Hereinafter cited as "re: Flower Family."
Major Hon. Reginald Courtenay Boyle1
M, #27750, b. 22 November 1877, d. 16 February 1946
Major Hon. Reginald Courtenay Boyle was born on 22 November 1877.2 He was the son of Colonel Gerald Edmund Boyle and Lady Elizabeth Theresa Pepys.1 He married Violet Flower, daughter of Arthur Flower and Isabel Margaretta Cokayne Pauncefort-Duncombe, on 29 October 1908.2 He died on 16 February 1946 at age 68.1
He graduated from Magdalen College, Oxford University, Oxford, Oxfordshire, EnglandG, with a Master of Arts (M.A.)2 He fought in the First World War.2 He gained the rank of Major in the West Somerset Yeomanry.2 He was appointed Member, Order of the British Empire (M.B.E.)2 He was awarded the Military Cross (M.C.) in 1919.2 He held the office of Justice of the Peace (J.P.) for Somerset.2 On 7 March 1935 he was granted the rank of an earl's younger son.2
Children of Major Hon. Reginald Courtenay Boyle and Violet Flower
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President of Pakistan and Chief of the Pak army General Parvez Musharraf
Although Pakistan is considered a democratic country in the world yet it is also true that since the last 60 years when Pakistan came into existence, there had been a limited period of time when there ruled the democratic governments. Otherwise the military rulers remained in power & ruled over the country. At international level, it is also a biter truth in the politics of Pakistan that these military governments remained in controversy because of their relations with the neighbouring countries. It is worth nothing that the democratic governments there didn't involve themselves so deeply in disputes with neighbourhood comparatively so as the military governments. Even there in Pakistan a military dictator, just to keep himself on throne made a popular Prime Minister Zulfikar Ali Bhutto to face the death sentence.
In fact, the Pakistan military commander has many rights in the constitution of Pakistan. He can interfere in the political affairs & in the running of the government. In the other words it can be said that the Pakistan army, on the orders of its chief can immediately oust the ruler there & the military ruler can take over the charge. Such events in Pakistan politics has many a time brought discredit to the goodwill of Pakistan on international level. As a result of it, the common life & thinking of the Pakistan people has also been influenced. As a common politician, whenever he gets a chance to occupy the chair, to remain glued to it unless there is no compulsion of holding elections within a limited time. He doesn't want to be separated from the power. Similarly, the military dictators think in the same way. They also don't want to leave the reins of the power & a military dictator is always prepared to fulfil his wishes. At that time he doesn't care for the rules, law or humanism.
Now Pakistan is passing through the same type of circumstances. President of Pakistan and Chief of the Pak army General Parvez Musharraf, who was the commander-in-chief of the army at the time of a democratic government of Nawaz Sharif, ousted Sharif at that time. Since the time, Parvez Musharraf took control of the government. He may or may not have done something for the development of Pakistan but clearly he had been the most controversial military dictator. Undoubtedly he seems against the extreme thoughts & the terrorism in the name of Islam. But it can't be said that his opposition is real or just to show the world. The common people in Pakistan are of the view that General Musharraf is a dictator who follows the directions from America. The Bush administration in America also admits that General Musharraf is their notable companion in their mission against the worldwide terrorism. So it is natural that America is in his favour.
But America is also deeply concerned because Pakistan has equipped itself with nuclear power. Now America doesn't want the nuclear power station to go under the control of extremist powers. So it issues its directions to General Musharraf from time to time. It is not a mistake to state that American high level leaders & officers have visited Pakistan many a time. People of Pakistan understood it well that General Musharraf is taking all these steps to remain in power only because America favours him.
But now it seems that the hold of General Musharraf on the rule of Pakistan has been losing its strength. On the one side, there is a pressure of the public of Pakistan to hold the elections in Pakistan at the earliest. Secondly the two leaders of the two main political parties Benazir Bhutto and Nawaz Sharif, who had been ousted from Pakistan by General Musharraf, are being heard to agree to oppose General Musharraf collectively. Because of the pressure of holding elections at the earliest, General Musharraf is feeling that the power is slipping from his hands. As a result of it, there seems a great change in the behaviour & political decisions of this military dictator.
Ultimo, there was a great hue & cry because of an interview of General Musharraf that he gave to a famous TV Channel, Geo TV. All the media persons in Pakistan came under one banner against General Musharraf, on this issue. After the telecast of this Musharraf's interview by Geo TV, the guards who were Pro-Musharraf attacked that TV Station & did a great loss of property to that TV Centre. As this dictatorial step was still fresh in the minds of Pakistani people & the media, on the March 9, Parvez Musharraf took another dictatorial step. He suspended the Chief Justice of Pakistan Supreme Court, Justice Iftikhar Mohammed Choudhari. Parvez Musharraf accused Choudhari of misusing his power as a Chief Justice. The suspension of Iftikhar Choudhari added fuel to the fire & anger of the public was now beyond control.
Justice Choudhari, instead of sitting quietly, became aggressive. He came among the people of the Pakistan so that he might prove his innocence. Most of the intellectuals, literates of Pakistan, lawyers & administrative class seem standing along with Justice Choudhari. On May 12, in a rally to be organised in favour of Justice Choudhari, there was a strange view of violence. It was continue many days. There had been a bloody confliction for many hours between the supporters of Parvez Musharraf & Pro-Justice Choudhari group. In this misfortunate incident, it has been learnt that more than 40 persons lost their lives & more than 300 persons were injured.
Now the question arises if these dictatorial steps of General Musharraf will help in his power retainable desire? Will this behaviour of General Musharraf prove a step for ousting him from the power? Whatever it is but clearly the sacking of the Chief Justice of Supreme Court of Pakistan, Iftikhar Mohammed Choudhari has been understood taken as a step to remove the thorns of his way by General Musharraf. But it is also true that appearance of Justice Iftikhar Choudhari in public has proved something else. Although he has been suspended from the post of Chief Justice of Pakistan yet he can prove as an alternative for General Musharraf or any other Pakistan political leader, in future.
Mr.Tanveer Jafri, who serves as contributing writer for The Seoul Times, is a noted columnist in India. He writes in a variety of issues including world peace, anti-terrorism, and national & international politics for numerous news dailies and portals in India. As a devoted social activist he is a member of Haryana Sahitya Academy & Haryana Urdu Academy.
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The Legal Team at Zarzaur Law, Pensacola & Destin Florida
Joe Zarzaur
AV Rated, Board Certified Civil Trial Specialist
Joe is fearless. Joe is intense. Joe loves the battle and is not afraid of any defendant. He has sued and tried cases against individual defendants as well as international corporations. Joe loves being a plaintiff personal injury trial lawyer and it shows.
Joe Zarzaur is a Board Certified Civil Trial lawyer and has record jury verdicts in both Escambia and Santa Rosa County in injury cases. He obtained a 9.3 million dollar verdict from an Escambia County jury and has a 2.5 million dollar verdict from a Santa Rosa County jury. These were both injury cases that did not involve death. Only about 1 Percent of Florida lawyers are Board Certified and there are only 13 lawyers between Pensacola and Panama City who have the same Board Certifications that Mr. Zarzaur has earned.
Thomas Gore
Thomas is a native of Montgomery, Alabama. A lifelong fan of the Alabama Crimson Tide, Thomas earned his bachelor’s degree and law degree from the University of Alabama. During his time in law school, Thomas performed best in classes that focused on trial advocacy and even won the best paper award in Advanced Evidence.
Thomas joined the Zarzaur Law, P.A. team in 2019 after spending four years as a local criminal defense attorney. Prior to joining the firm, Thomas tried over 20 cases to jury verdict as the lead attorney and sat as co-counsel over 20 more. Thomas looks forward to putting this experience to work for his new clients at the Zarzaur Law firm.
In his free time, Thomas likes to play golf, fish, and play guitar. Thomas can also often be found volunteering at local charity events such as the OnBikes Pensacola Bike Build.
Dr. Evan Malone
Staff Physician Consultant
Dr. Evan Malone graduated from The University of Cincinnati College of Medicine in 2003 before beginning his residency in Internal Medicine at The Jewish Hospital of Cincinnati. He was the recipient of the Jewish Hospital of Cincinnati Internal Medicine Resident of the Year in 2004-2005. His work experience includes being a Physician Advisor with the Medical Necessity Compliance, acute treatment of hospitalized patients, along with his work as a Research Assistant treating human genetic diseases in the State of Ohio. He was re-certified by The American Board of Internal Medicine in 2016.
Dr. Malone continues to bring experience, knowledge, and expertise as an essential part of the Zarzaur Law Team. His work with the firm not only provides expert medical advice to our attorneys and legal staff, he also advocates for public safety with Joe through Zarzaur Law’s YouTube Channel.
In his quest for promoting personal health and well-being, Dr. Malone is an accomplished Ironman triathlete with 18 completions, including Ironman World Championship in Kona, Hawaii, 8 time marathon finisher, including the Boston Marathon, a Past President of Tri Gulf Coast, the region’s premier program for multi-sport athletes, recipient of the Tri Gulf Coast Mentor of the Year Award and Pensacola Sports Foundation Volunteer of the Year Award in 2016.
Jessica Ward
Pre-suit Paralegal
Jessica Ward was born in Thousand Oaks, California, before settling in Pensacola during middle school. She began working for Joe Zarzaur in April of 2010 as a part time receptionist. She was intrigued by the complexities and multi-faceted nature of the justice system and from that point on was ready to dive in and see the inner workings. In 2011 she was fortunate enough to work on the Ethicon Endo Surgery case which would result in one of the largest verdicts for Zarzaur Law. After experiencing the inside of a courtroom and seeing all the pieces fall in to place she knew she had found her passion in assisting in the fight for justice. If you had to give Jessica just one title it would be Pre-suit Paralegal but ask anyone around the office and the number of hats she wears is tough to count. She oversees all the cases prior to the ligation process working closely with the clients, treating physicians and insurance adjusters to resolve the case as quickly and thoroughly as possible. She is proud to be on a team that helps out the underdog, while also providing so much help to the community, whether it is manna food bank, favor house, or one of the other many charities they give their time and donations to.
Casey Imbornone
Litigation Paralegal
Casey joined the Zarzaur Law team as a litigation paralegal in 2016. She was born in Pensacola and grew up near the beaches in Navarre. She went to school at Northwest Florida State College and transferred to University of West Florida where she obtained her Bachelor’s in Legal Studies. She has always had a passion for helping people and began her legal career in 2011 at a personal injury firm in Fort Walton Beach. When she’s not at work, she enjoys spending time with her son, spending time with friends and family, and participating in various community service events.
Channon Baumann
Licensed Private Investigator
Florida Licensed Private Investigator, Certified Process Server of the First Judicial Circuit, and Florida Notary Public
Channon is a Pensacola Native and a graduate of Woodham High School. She returned to home to Pensacola in 2009 to stay.
Channon owns and operates Lighthouse Investigative & Process Services since April 2014, and is the previous owner/operator of C Clanton Investigations of Panama City, FL and Bay County Process Service. Channon has been working in the Investigative Industry since 1989, and is experienced in many facets of Investigative work. Channon has been Investigating for Zarzaur Law cases since March 2015, and has extensive experience in Personal Injury/Accident casework.
Channon is a member of the Florida Association of Licensed Investigators (FALI), Florida Association of Professional Process Servers (FAPPS), National Council of Investigation and Security Services, Inc.(NCISS), and National Association of Professional Process Servers (NAPPS).
Michelle Ortiz-Miguez
Michelle joined Zarzaur Law, P.A. in September of 2017 as the Marketing Manager. She is responsible for the marketing, communication and business development efforts of the firm. In addition to strategic business development efforts, she directs media relations, branding, advertising and website development. She manages and oversees sponsorships, events, charitable contributions and more.
She has more than 20 years of experience in the advertising and marketing industry. Prior to joining the firm she was Vice-President and Creative Director at a Pensacola based advertising agency.
Michelle attended the University of West Florida, where she graduated Cum Laude with a B.A. in Graphic Design and minor in Marketing. Accomplishments include Best of Show Print District 4 ADDY Awards, consecutive Gold and Silver ADDY awards, Golden Image Awards, Flagler Awards, Leadership Pensacola graduate, Pensacola Business Journal Top 40 under 40.
She loves to sketch, take pictures, run, paddle board, practice yoga, hike, bike, crossfit, travel, and play tennis . She enjoys giving back to the community with the entire Zarzaur Law team during the monthly Legal Graffiti fund raising event, as well as being a member of the Gallery Night Pensacola board.
Jenn Gibson
Jennifer Gibson was born and raised in the flat lands of eastern Oregon. Jenn graduated from The College of Idaho with her bachelor’s degree in Accounting and a minor in Religion. She moved to the Gulf Coast in 2010 after graduation and married her husband who is a native of Pensacola.
Jenn is our bookkeeper, property manager and distribution specialist. She ensures that we have all the pertinent documents to complete a case before distributing settlement proceeds to clients.
In 2015 Jenn and her husband founded Leviathan Tactical, LLC Pensacola’s only airsoft pro-shop and enjoys working with her husband to grow both the airsoft community and their business in her spare time; as well as traveling around the country to compete at national airsoft events. Jenn also enjoys spending time with and spoiling her “fur children” Radar and Klinger.
Ashlee Kirkland
Ashlee joined the Zarzaur Law, P.A. team in June of 2019 after spending the first half of her career working in administration for the Federal Judiciary.
Ashlee attended the University of West Florida, where she graduated with both her B.A. and M.S. in Criminal Justice. Her accomplishments include being named a Rising Star in 2017 by Inweekly, serving on boards for a number of local non-profit organizations and being the best aunt to her nephew.
She loves cats, traveling, hiking and sunshine. When she is not at work, you can find her volunteering in the community on behalf of the Zarzaur Law team or snuggled up at home with her cat, Kendall and fiancé, David.
Christina Edwards
Medical Records Specialist
Christina is a native of Northwest Florida, having grown up in Fort Walton Beach and lived in and around Pensacola for many years. Christina began working in the legal field in 2013. Her early experiences in law led her to get her Bachelor’s in Legal Studies from the University of West Florida in 2015. Since then, she has gained experience in many areas of law from mass tort litigation to criminal law to intellectual property to now personal injury as part of the Zarzaur Law team.
Jolie Vazquez
Jolie Vazquez joined the Zarzaur Law, PA Team in Spring of 2019. She was raised in Central Florida most of her life, before attending a college in Pensacola, Florida. Jolie intends to graduate in May 2020 with her bachelors degree in Office Administration. Jolie is the first point of contact for the firm and ensures all clients are well taken care of. She enjoys spending time with family and friends and relaxing on our beautiful Pensacola beaches.
Nancy LaNasa
Firm Yogi
Nancy LaNasa began her yoga practice in 1986 when she lived in NYC. In 1989 she went to Kerala, India and took teacher training at the Sivananda Yoga Ashram there. She came home 3 months later and began teaching yoga F/T at Jivamukti Yoga School in NYC and was also a p/t manager there.
In 1996 she moved to Pensacola FL when there were exactly 2 yoga classes a week in town and began teaching yoga in her dining room in North Hill. Nancy opened Abhaya Yoga Center in downtown Pensacola in 2006 and after way too many trips to Sam’s Club to buy toilet paper that kept clogging up the plumbing she closed it in October 2013, and now teaches classes back at her home. Full circle!
She also teaches yoga at both Breathe Yoga and Wellness Center locations in Pensacola along with a weekly class at Zarzaur Law, P.A which she has been leading for 7 years. She is on the Board of Directors of the Zaltho Foundation based in Mary Esther, FL, a Zen Buddhist center devoted to mindfulness outreach around the world to victims of violence, with a special focus on military veterans who suffer from post-traumatic stress (http://www.zaltho.org). Nancy lives in Pensacola with Tom LaNasa, her husband of almost 4 decades, and their boxer dog Candy.
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October 17, 2018 / 1995podcast
Paul Bernardo’s Parole Hearing
October 16, 2018 – The night before Paul Bernardo’s parole hearing
I wish I could tell my 27 year old self that in the year 2018 I would be attending Paul Bernardo’s parole hearing just so I could see the look of disbelief on my face.
In 1995, when I was 27, I covered Paul Bernardo’s murder trial. I sat in court every day for four months hearing every single detail of the horrific crimes Bernardo committed with the help of his wife Karla Homolka.
Bernardo never denied that he kidnapped, confined and sexually assaulted 14-year-old Leslie Mahaffy and 15-year-old Kristen French. Heck, he even admitted that he cut up Leslie’s body with a power saw and encased the pieces in cement blocks. But Bernardo never admitted that he killed the teenage girls.
Bernardo took the stand in his own defence and told the court that he wasn’t present when Leslie and Kristen died. Bernardo testified that the girls had been left alone with Homolka and when he came back they were dead. Bernardo’s defence lawyer John Rosen suggested that Homolka pushed Leslie’s face into a pillow and suffocated her and that Kristen died during a struggle to escape. Rosen said Homolka beat Kristen with a rubber mallet.
Back then I didn’t believe Bernardo’s defence for a minute and I don’t believe it now.
I believed the Crown’s theory that Bernardo strangled both girls with an electrical cord and so too did the jury.
The trial actually seemed like a great big waste of time because of the videotaped evidence showing Bernardo beating and sexually assaulting Leslie and Kristen. Even if by some minutely small ridiculous chance that Bernardo was telling the truth about not killing the girls he would still be guilty. Canadian law dictates that if someone dies after being kidnapped and confined you are guilty of first degree murder.
Bernardo was convicted and sentenced to life in prison plus he was deemed a dangerous offender which has an indefinite sentence. Despite the label he would still be eligible to apply for parole after serving 25 years. Back then 25 years seemed like a lifetime away.
But here we are now in 2018 and Bernardo’s lawyer recently told the media that his client is ready to return to the community after spending the past 25 years trying to improve himself. According to his lawyer he has received counselling and taken part in some programs while in prison.
Whatever Bernardo did, it’s not enough. Bernardo will never be rehabilitated. He will never be ready to return to the community. Surely the Parole Board will agree and dismiss Bernardo’s application. But in the meantime, the families of Bernardo’s victims have to relive the terror that they have been trying to put behind them for over 25 years. That doesn’t seem right. If we know he will never get out why then go through the motions. Can’t we have a system that allows for the worst kind of offenders to receive a life sentence with no chance of parole? Can’t we stop Bernardo from applying for parole every two years for the rest of his life?
October 17, 2018 — The day of Paul Bernardo’s parole hearing
My observations from Bernardo’s parole hearing.
https://1995podcast.com/wp-content/uploads/2018/10/aro-e-hearong.mp3
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Written by:1995podcast
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+48 22 24 72 772 info@4cf.pl
I recommend 4CF as a dependable partner in Strategic Foresight and Futures Literacy for policy-making and Strategy.
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Irena Pichola, Partner, Member of the Board, Deloitte Advisory Sp. z o.o.
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The Delphi Method
Obszar: Exploration, Shaping
Quantitative sales prognoses for FMCG
Exploration of potential security crises
Applications: Gathering expert opinions on subjects such as future developments in technology, markets and territories. It also serves as a tool which helps in reaching and evaluating short- and long-term decisions.
The Delphi Method was developed in the 1950s and 1960s in the United States by the RAND project as an aid for decision-making and analytical military institutions in assessing the contemporary situation. It is now a key tool in strategic foresight and modern strategic management. It allows expert groups to find a consensus with regard to the analysed issues within a short time. The results of the study are relatively unaffected by psychological, rhetorical or sociological factors which usually have a negative effect on group discussion. Taking this into consideration, it is not surprising that the Delphi method has been used in classified US Air Force projects to reach a consensus among senior officers, academics, civil experts and decision makers. Since then, it has proven its worth in thousands of civilian projects, in areas such as education, technology development, spatial planning, conservation of natural resources or regional development planning.
The real-time Delphi study is an enhanced version of the method, originally developed for DARPA in 2004 in order to increase the speed and efficiency of multi-expert decision-making. It is a significant time-saver, as it replaces traditional surveys collected in rounds with ongoing, continuous processing of the participants’ responses on the server. Thus, the "discussion" in the online tool is continuous, allowing for a more in-depth analysis of the topic, and resulting in a clearer consensus among experts on more precise answers to research questions known as the Delphi Theses. Participants can access the study as often as they wish, each time receiving information as to the current status of the discussion and rating values. They may add new arguments and change previously stated opinions. Real-time Delphi studies have been well tested over the past decade in prestigious projects on hundreds of topics around the world.
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Claremont Journal of Law and Public Policy
Campus Policy
Policy Impact Expo
The Power to Prevent Sports Betting: Christie v. NCAA
Claremont Journal of Law and Public Policy / December 8, 2017
Dina Rosin (CMC ’20)
After the 2016 Super Bowl, CBS aired a live version of The Late Show with Stephen Colbert. There was a surprise appearance by then-President Obama, where he mentioned that after every Super Bowl he calls the winning team, and sometimes the losing team. “Especially if I bet on them,” he added. Colbert replied, “But Mr. President, betting is illegal,” to which Obama replied with a smile: “I’m the President. I hereby pardon myself.”
Sports betting is, indeed, technically illegal in every state in the US but Nevada. However, as implied by the exchange above, the fact that tens of millions of Americans bet on sports outside of Nevada is widely acknowledged and not significantly policed. For over 20 years, while states had legal lotteries, race tracks, and other gambling venues, only Nevada had legal sports action. Now, a case before the United States Supreme Court, Christie v. National Collegiate Athletic Association (NCAA) will determine if other states can allow “sports books” to open. The case will help to determine whether states have the right to make legislation allowing sports betting despite a federal law preventing it.
In 2011, the citizens of New Jersey overwhelmingly approved a referendum allowing sports betting at the state’s casinos and horseracing tracks, and the legislature quickly voted this into law. The NCAA and four professional sports leagues brought a federal lawsuit to challenge New Jersey’s right to allow such betting, arguing that allowing betting on professional and amateur sports “undermines the integrity of sports contests.” Their legal argument is grounded in a 1992 law passed by Congress called the Professional and Amateur Sports Protection Act (PASPA), which outlined sports betting in any state other than those grandfathered by pre-existing laws, which includes Nevada. This law said that no new states without these grandfathered clauses could authorize legal betting on sports. Congress allowed this exception, based on an arbitrary condition of whether a law legalizing sports betting had been passed early enough, which has resulted in inconsistencies in which states are subject to the law.
New Jersey is now legally challenging PASPA and succeeded in getting a hearing in front of the Supreme Court earlier this week to determine whether PASPA violates the 10th Amendment. At the heart of the case is this brief final original amendment in the Bill of Rights which reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” New Jersey is arguing that through PASPA, Congress is unconstitutionally preventing the state from repealing its own laws. The state claims that this is prevented by the 10th amendment.
On face value, PASPA seems to be in conflict with the 10th Amendment – after all, how can Congress tell states not to make gambling legal when other states have been allowed to regulate legal gambling? Congress could, of course, pass a federal law barring all sports gambling, but it clearly did not want to interfere with this business in Nevada because the state relies heavily on its gambling revenue. However, PASPA simply enumerated that no new states could allow sports gambling. PASPA’s lawyers argue that the law does not conflict with the 10th Amendment because it does not constitute commandeering. Congress cannot constitutionally engage in ‘commandeering’ states – that is, forcing them to do something. But PASPA simply blocks them from doing something, so it is not ‘commandeering.’ Therefore, it does not violate the 10th Amendment. Several lower courts seemed to agree.
However, the lawyers representing the federal government and PASPA ran into some hard questions in the arguments this week. In particular, Justice Kennedy, often the ‘swing vote’ in many cases due to his centrist viewpoints, seemed to think PASPA does qualify as commandeering. He stated that PASPA forces citizens into a situation where they are “bound to obey a law that the state does not want but that the federal government compels the state to have.” If other justices agree to define PASPA in this way, then it will not withstand the challenge of the 10th Amendment.
The Court will make its decision on the legality of PASPA in the summer of 2018. If PASPA is ruled unconstitutional, one can expect that many states, not just New Jersey, will quickly allow legal sports betting. This decision could potentially open a pathway for the challenging of grandfather clauses that prevent states from repealing certain laws, as they could now be seen as a form of commandeering. If the Court rules in favor of PASPA, Congress may retain its power to block state action in certain cases.
December 8, 2017 in Constitutional Law, Dina Rosin, Supreme Court.
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“If you found yourself facing a problem, in other words, that did not appear easily solved, the good folk at the Regional Office were the ones who could solve it.
But not today.
Almost any day but today.
Because today, the Regional Office is under attack.”
Headed by the enigmatic Oyemi and her partner Mr. Niles, the Regional Office is home to a number of powerful female assassins who are recruited to fight against evil forces. Oyemi’s oracles prophesize that one of their own will turn against them, and in a matter of time, the Regional Office is under attack. There are two main points of view in the novel through which we get to learn about the the organization, the attack, and the backstory. Rose is a young recruit who is one of the key players in the attack against the Regional Office, determined to prove herself to those who recruited her for the mission. On the other side is Sarah, who was taken in by the Regional Office as a young woman after the disappearance of her mother, and rumor is she has a mechanical arm. Rose and Sarah’s stories intersect, but while we get each of their perspectives during the attack, we also get flashbacks to their earlier years and how they came to be involved with the Regional Office. Interspersed throughout is also a newspaper/documented account of the organization and how everything unfolded.
The main thing I can say about The Regional Office Is Under Attack! is that it is one fun read. It is an action-packed adventure with interesting characters that completely captured my attention. The author’s use of two main points of view, switching between Rose and Sarah works incredibly well, drawing the story forward and revealing the little details and connections. Some of my favourite sections came from the newspaper/documented accounts of the Regional Office, which provided more of a big picture of what was happening. The writing style is kind of quirky and took a little while to get used to, however I ended up really enjoying the sarcasm of it all. With the book overall being such a fun adventure, the way everything wraps up feels a little… ordinary. At the end I wanted more of the story explored, but if the biggest issue you have after finishing a book is that you want more, I would definitely call that a success.
blogger book blog book recommendation book review books fiction manuel gonzales reading the regional office is under attack!
Innocents and Others by Dana Spiotta
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Fenerbahce Ulker 64
December 06, 2006 CET: 19:15
Local time: 20:15 ABDI IPEKCI ARENA
CSKA Moscow used a third-quarter defensive crackdown to execute a turnaround from 37-31 halftime deficit on the way to a 64-74 win over Fenerbahce Ulker on Wednesday night in Istanbul, Turkey. Matjaz Smodis scored a season-high 21 points to lead the defending Euroleague champs to their fourth straight win as CSKA improved to 6-1 at the midway point of the season. CSKA took a half-game lead in Group C over Winterthur Barcelona, which hosts Aris TT Bank on Thursday night. Fenerbahce dropped to 2-5. It was Fenerbahce that was the stronger side in the early going, but CSKA held the hosts to10 third-quarter points to go on top. Back-to-back Damir Mrsic threes got Fenerbahce within 3 early in the fourth quarter, but Smodis scored the game's next 7 points as CSKA put the game away for good. Theo Papaloukas was perfect from the field on the way to 15 points and 8 assists, while Trajan Langdon added 8 points and 7 rebounds. Mrsic led Fenerbahce with 18 points on 6-for-10 three-point shooting, Eddie Badsen had 12 points and 5 assists in his Euroleague debut, Kaspars Kambala added 11 and Mirsad Turkcan finished with 10 points and 11 rebounds against his former team.
CSKA got off to an impressive start with strong defense and offensive rebounds to take an early lead. Langdon drilled a three-pointer after just 13 seconds and when David Vanterpool penetrated inside for a layup, CSKA led 2-7. A Turkcan three followed by new forward Basden's first Euroleague points on a baseline jumper tied things up. Defense prevailed for the next few minutes until Mrsic drilled a three-pointer. After another Basden jumper, Mrsic hit from downtown again to gave the home team its first lead, 15-14. Kambala and Omer Onan led a defensive charge that held CSKA to score just 3 points in the last five minutes of the first quarter and Onan dished an assist of Turkcan that gave the hosts a 17-15 lead after 10 minutes.
Fenerbahce started the second quarter feeling good as Mrsic made his third three of the game from the left side to extend the Fenerbahce lead to 21-15. Papaloukas and Smodis tried to keep CSKA in the game but Fenerbahce's defense got tougher minute by minute. On the other end, young Hakan Demirel put the home team up by 9 after he grabbed a rebound and moved outside to score a three. Kambala’s effective inside game kept Fenerbahce ahead despite CSKA's resurgence. Kambala made another layup over Alexei Savrasenko to put Fener up 8 points in the final minute, but Thomas Van Den Spiegel's dunk with 5 seconds left in the period ended the first half with Fenerbahce ahead 37-31.
CSKA came out with increased defensive pressure both inside and outside. Langdon's jumper cut the difference to 39-37 after a few minutes and a J.R. Holden three from the right side of the floor made it 44-43 midway through the period. A minute later, Smodis put CSKA ahead and the visitors remained ahead for the rest of the quarter, using three pointers from Papaloukas and Holden to cap a 10-20 third quarter and go into the last quarter leading 47-51.
A panic-stricken Fenerbahce tried to comeback, but things didn’t work out. CSKA remained strong on defense, especially inside with Van Den Spiegel, who found the recipe to stop Kambala. Savrasenko's layup made it 47-55 and David Andersen made one of two free throws to increase the lead to 9. But two quick threes from Mrsic ignited the Fenerbahce fans as the hosts closed to within 53–56. But Smodis was the answer for CSKA. He scored 7 points in a row, including a pair of three-pointers to make the score 53-63. He added free throws to increase the gap to 13 points. Holden's jumper at with two minutes remaining gave CSKA its biggest lead, 55-69 and the visitors held on for their fourth straight win, 64-74.
Gokhan Ture, Istanbul
Referees: PITSILKAS, NIKOLAOS; SUTULOVIC, ZORAN; PEREZ, EMILIO
Fenerbahce Ulker 17 20 10 17
CSKA Moscow 15 16 20 23
Fenerbahce Ulker
4 DEMIREL, HAKAN 6:30 3 1/2 2 1 3 1 4
6 TURKCAN, MIRSAD 32:00 10 1/5 1/3 5/8 1 10 11 1 1 2 2 4 5 15
7 ONAN, OMER 14:45 2 1/3 0/1 1 1 2 -3
8 BASAK, RASIM DNP - - - - - - - - - - - - - - -
9 ERDEN, SEMIH DNP - - - - - - - - - - - - - - -
10 KUTLUAY, IBRAHIM 29:00 5 1/3 1/6 1 2 1 2 2 -4
11 SAVAS, OGUZ 10:00 2 1/2 1 1 1 1 2
12 MRSIC, DAMIR 33:30 18 6/10 1 1 1 3 2 1 12
13 CLARK, IRA 8:00 1 0/2 1/2 2 2 2 2
15 KAMBALA, KASPARS 30:00 11 5/9 1/2 2 5 7 3 1 2 4 4 13
16 MUTAF, MAXIM DNP - - - - - - - - - - - - - - -
23 BASDEN, EDDIE 36:15 12 4/5 1/2 1/2 1 4 5 5 4 2 1 2 22
Totals 200:00 64 13/29 10/24 8/14 6 24 30 12 5 10 2 5 18 17 61
Head coach: ORS, AYDIN
4 PAPALOUKAS, THEODOROS 25:15 15 1/1 2/2 7/8 1 1 8 1 3 3 5 23
5 KURBANOV, NIKITA DNP - - - - - - - - - - - - - - -
8 SMODIS, MATJAZ 29:30 21 2/7 4/7 5/8 4 4 1 2 1 3 4 13
9 VANTERPOOL, DAVID 29:30 6 2/5 0/1 2/2 1 2 3 6 1 2 4 2 8
10 HOLDEN, JR 33:15 8 1/4 2/4 1 1 3 2 1 8
11 PASHUTIN, ZAKHAR 2:00 0/2 1 1 1
13 ANDERSEN, DAVID 13:30 4 1/4 2/4 2 2 1 1 2 3
14 SAVRASENKO, ALEKSEY 21:45 6 3/7 3 2 5 3 2 1 1 12
18 PONKRASHOV, ANTON DNP - - - - - - - - - - - - - - -
20 VORONTSEVICH, ANDREY DNP - - - - - - - - - - - - - - -
21 LANGDON, TRAJAN 30:00 8 1/2 2/7 7 7 1 2 1 3 14
22 VAN DEN SPIEGEL, TOMAS 15:15 6 3/4 3 3 2 5 1 6
Team 1 1 2 2
Totals 200:00 74 14/34 10/23 16/22 11 18 29 23 6 8 5 2 17 18 89
Head coach: MESSINA, ETTORE
ORS, AYDIN
"As Fenerbahce Ulker, our philosophy is the same whoever we play against: we always play to win. In the first 25 minutes of the game, we proved that we can beat CSKA Moscow. But in the remaining minutes of the game we started to struggle against the experienced stars of the opponent. The percentages are nearly similiar on all the details of the stats but their only difference is on the asssits. What makes the difference is they know very well how to share the ball. And I think this is the only difference between the two teams. I'm sad because if we had won the game, we would have been more lucky in the next games. I congratulate CSKA Moscow and their talented coach Ettore Messina for their win."
MESSINA, ETTORE
"We are very happy for the win. Because we knew that we were coming to Istanbul to challenge a good team which is in a good mood right now. We knew we were fighting with a very motivated team, getting in better shape by playing together. On the other hand, we lost our last league game away against Unics Kazan. Because of that, in the first two quarters, we were very nervous on offense. We were playing impatiently and making mistakes. And Fenerbahce Ulker was playing well inside and outside, balancing the game very well in the first half. In the second half, we played better defense but more importantly, we relaxed on offense and we found important shots by everybody. I think in the end offensive rebounds were very important for us to win the game. I wish the best for Fenerbahce Ulker to make the Top 16."
MRSIC, DAMIR
"We stood to the challenge very well. We prepared the game well enough because we knew that it was going to be a very hard duel against CSKA Moscow. I think we played very good in the first half. We made some easy mistakes in the beginning of the second half. And if you make that kind of easy mistakes and if your opponent is experienced like CSKA Moscow you can not handle it."
PAPALOUKAS, THEODOROS
"It was a very hard game for us after we lost our last game in the Russian League away. Fenerbahce played very clever in the first half. In the second half, we moved the ball well in offense and I think we won quite easy then. I think we played good defense tonight. Eveybody played good in defense. I think Fenerbahce played an excellent first half. But they were upset later and psyschologically went down."
REGULAR SEASON TOP 16 PLAYOFFS FINAL FOUR
RheinEnergie 81
December 6 20:15 CET LIVE FINAL
Climamio Bologna 77
Prokom Trefl Sopot 91
Cibona 91
Lottomatica Roma 84
Zalgiris 106
Pau-Orthez 110
Winterthur FC Barcelona 86
Aris TT Bank 83
Eldo Napoli 70
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The Tech Entrepreneur
Rohana Sosa ’19
Seidenberg School of Computer Science and Information Systems
Pleasantville/Westchester Campus
Computer science major Rohana Sosa ’19 has been tirelessly developing new technology with a humanitarian spin since she set foot on the PLV Campus. Her team won second place at the 2017 Pace Pitch Contest (check out their presentation!), she participated in Seidenberg’s GenCyber program, attended Capital One’s Software Engineering Summit, and she was even named a Grace Hopper Scholar.
In addition, Sosa participated in the Pace Setters Leadership Program (which you can read more about), volunteering her time in the Dominican Republic to restart a non-profit foundation. “As a Latina with descent from the Dominican Republic, my aspiration is to become an entrepreneur who helps people in underdeveloped countries learn how to use technology to become self-sufficient,” she said.
Sosa’s interest in technology was initially sparked by her neighbor. “He was a military veteran who did computer science work on the battlefield,” she explained. When she was in high school, “he taught me how to uncover my Windows XP computer tower to reveal the RAM, CPU, and other parts [and] showed me the basics of IT troubleshooting so I [could] learn how to manage files, install applications, and set up printers.” The more she learned, the more she began to consider a career in computer science. And the rest is, as they say, history.
It was Professor Jean Coppola, PhD, however, who left an enormous impact on Sosa during her time at Pace. “She always encouraged me to push myself to achieve my fullest potential,” Sosa said, having participated in Coppola’s WestchesterSMART Mobile App Development Bowl two years in a row. While Coppola passed away last year, Sosa remembers her with a great deal of pride. “I will always be grateful for her incredible legacy of authentic enthusiasm for using technology to create meaningful impact on the aging population, all of her students, and everyone at Seidenberg and Pace,” she said.
Last year, Sosa was awarded a Collaborative Research Experiences for Undergraduates (CREU) scholarship to teach mobile device literacy to three women’s associations in Senegal, West Africa. She used video tutorials in AppliCafé, an Android app, in order to connect with her students. “It [was] inspiring to see how independent and hardworking these women are despite having limited resources,” she said. “With AppliCafé, [they] can acquire the skills they need to earn jobs in their areas of interest and provide a better quality of life.”
She even blogged about her experience, and as it turns out? Sosa is quite the talented writer, too—and not just of code. “I think the style, manner, and tone of words [can help] deliver an important message,” she told us, naming Shakespeare as one of her favorite authors. Her personal blog, Tech Bytes for Women, is where she documents all her latest adventures in tech, including her latest internship this past summer.
Sosa worked as a software engineering intern for IBM collaborating on projects; attending workshops in Cloud development, Agile, and Design Thinking; and helping to significantly save time for their team of engineers. “We coded a Production Log Analyzer in Java that reduced massive log files to shorter and cleaner documents,” Sosa explained. “The program [was] connected to a Slack bot and included a dashboard for archiving logs and generating Watson insights.” Sosa went on to describe the level of extensive AI research involved in the project, and how they integrated multiple APIs and Java dependencies.
If all of that sounds really complicated? It is, but Sosa hopes to encourage young girls to enter into the tech industry by writing a book someday. “I would like to inspire women to feel empowered to go beyond their own experiences and to let society know that women are the most valuable assets for solving more real-world problems.”
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A call to compassionate action
The Coalition Against Assisted Suicide in Washington State is responding to the passage of the I-1000 assisted suicide initiative by organizing compassionate care throughout Washington State
From the website:
There is so much to do, so many vulnerable people to protect... And so little time.
The situation here in Washington State is urgent. Hospitals, nursing homes, hospices and physicians across the state are determining RIGHT NOW if they will assist in suicides. The decisions they make will last for years to come. And many don’t know that under I-1000 they have the right to refrain from involvement in assisted suicide. They need to hear from you. So does the Department of Health, which is writing rules that will govern the practice. See our ‘What can I do?’ link directly above. (The ‘What can I do?’ section is updated frequently with timely action items.)
Assisted suicide directly threatens the lives of the most vulnerable people in our culture. People with disabilities, the dependent elderly, those who live with depression and mental illness and the poor are all directly threatened by assisted suicide in Washington State and elsewhere.
Take a moment: write a letter, save a life.
The Coalition Against Assisted Suicide (CAAS) advocates for life-affirming choices, comprehensive community support, and excellence in end-of-life care. We believe that genuine compassion provides life affirming choices for people with serious illnesses and disabilities. Through education, legislation, social policy, and community action, we endeavor to advance true compassion and true choices.
Link to the Coalition Against Assisted Suicide
http://www.noassistedsuicide.com/
Labels: Coalition Against Assisted Suicide, compassionate care, Washington State
Maryland Bill Would Require Doctors to Promote Suicide as Option to Patients
Lifenews.com is reporting that a bill is being introduced in the Maryland legislature that will promote suicide as an option for patients.
This would be a similar statute to the California AB2747 that was passed last year.
Link to the article:
http://www.lifenews.com/bio2707.html
Labels: Bill AB 2747, Euthanasia by dehydration, Maryland
Assisted Suicide laws will never be permissive enough
The latest blog comment by bioethicist and lawyer Wesley Smith concerns the insatiable appetite by the death lobby to make euthanasia and assisted suicide an unlimited reality.
Link to Wesley Smith's comment:
http://www.wesleyjsmith.com/blog/2009/01/assisted-suicide-laws-will-never-be.html
Labels: Derek Humphry, Netherlands euthanasia, Wesley Smith
Assisted Suicide and Elder Abuse
By Alex Schadenberg
Society is learning about the vulnerability of elderly people and people with cognitive disabilities. Society is responding with new laws to protect people from Elder Abuse.
The Euthanasia Prevention Coalition recognized the connection between Elder Abuse and Assisted Suicide many years ago. Our group researched and published a document on the issue entitled: Elder Abuse, Euthanasia & Assisted Suicide: Must we consider the link?
The first link between Elder Abuse and assisted suicide is evident by the fact of the rapid growth in cases of physical abuse of the Elderly and the vulnerable. People with disabilities have long experienced increased incidence of abuse in relation to the rest of society but now society is acknowledging a change in societal attitudes toward the Elderly.
Legalizing assisted suicide establishes the primacy of the autonomy of an individual in society. Unfortunately this radical form of autonomy is being expressed in society by a lack of concern for the vulnerable individual who will become the unfortunate victim of societal attitudes that will redefine choice based on the greater good that is accomplished by the duty to die.
In case you think that I am alarmist, consider the case of Kate Cheney in Oregon, who's doctor believed that due to dementia she was unable to choose to die by assisted suicide. Family pressure and the support from the Health Insurance company helped to assure Cheney's death.
Safeguards?
The vulnerable in society will never be protected by the supposed safeguards that are being proposed by the euthanasia lobby. Compassion & Choices has effectively controlled the information and referals related to the assisted suicide law in Oregon and the government reports do not provide the social context of decisions to die.
When considering the several studies that have shown a connection between a feeling of helplessness, a feeling of a loss of purpose or depression being connected to assisted suicide, we must question the actual reasons why someone is "choosing" to die.
Further to that, when the social context of a decision is based on either abandonment, a lack of support, or subtle pressure to end life - can there ever be a "free choice".
I am concerned that a culture that is dedicated to radical individual autonomy will not hesitate to encourage people to end their own lives. Society will turn a blind eye or offer an understanding ear to those who felt compelled to end the life of an elderly dependent. The venear of choice will also cover-up the social pressure that created the decision to kill. In fact, abuse will probably become redefined in order to end the involuntary dependancy related to elder-care.
Elder abuse takes many forms, but the ultimate elder abuse is the act of killing a vulnerable dependent person. This ultimate abuse will appear as merciful but will often be cold, calculated killing, just like the many studies are beginning to show is true today.
Link to articles concerning elder abuse:
http://www.dailymail.co.uk/health/article-486031/Drugged-oblivion-The-shocking-truth-elderly-treated-care-homes.html
http://www.justicenewsflash.com/2009/01/07/72-yearold-minnesota-man-starves-death-nursing-home-family-files-lawsuit_20090107555.html
http://www.bellinghamherald.com:80/102/story/744497.html
http://www.wyff4.com:80/news/18433023/detail.html
Labels: Alex Schadenberg, Duty to Die, Elder Abuse, Euthanasia Prevention Coalition, Oregon assisted suicide
Peddlers of death look to Africa
This is a copy of Mark Mostert's blog comment on the push by the peddlers of death look to Africa:
For the last several years, ground zero for the promulgation of assisted suicide and euthanasia has been Europe.
The Netherlands now legally sanctions assisted suicide for almost anyone for any reason. There’s also lots of evidence that hundreds of Dutch patients are euthanized against their will every year.
In Switzerland, Dignitas, whose sole purpose is to facilitate the deaths of its clients, routinely hosts patients from other countries where assisted suicide is illegal.
Belgium recently legalized assisted suicide. It’s being seriously considered in almost every European capital.
In the UK, proponents of assisted suicide are waging a fierce battle to have it legalized. A Scottish parliamentarian is calling for legalized assisted suicide for children.
The warriors of the culture of death are now looking to make their ideas mainstream in Africa.
No surprise there.
However, they’re using a novel, utilitarian argument.
From east Africa's Business Daily:
Mr John Hurst, a British investor and the managing director of Dignity International, is the man behind the plans to introduce the Doctor Assisted Suicide (DAS) in Kenya. He says the logic behind assisted-suicide is that since the terminally ill patient will eventually die, it would be better to hasten their death to save the patient from pain and the family from the financial burden that may arise after prolonged treatment.
Note, Hurst is an investor. Could it be that he wants to make money on killing people? (Of course).
Note the logic:
The patient is going to die (so, why not kill them sooner rather than later?)
Killing earlier saves suffering later (no mention that not every terminally ill person is in pain, let alone unbearable pain)
Killing is a cost saving measure (particularly appealing t people in the developing world who are poor).
How crass.
How brutal.
How absolutely predicable.
Africans need to begin mounting opposition to this horrible influence – NOW.
Link to Mark Mostert's Blog comments:
http://whatsupwithbioethics.blogspot.com/2009/01/peddlers-of-death-look-to-africa.html
Labels: Africa, belgium euthanasia, Mark Mostert, Netherlands euthanasia, Switzerland Assisted Suicide, UK
UK director of prosecution appears to be lobbying for a change in the law and not defending the law.
Keir Starmer, the director of public prosecutions in the UK appears to be lobbying for change while not simply upholding the law in the UK.
Starmer is quoted as saying:
A change in the law could bring "greater clarity," but it was up to Parliament to decide on any amendment. ...
"The Daniel James case demonstrates that the current law is workable.
"If the law is changed it may bring greater clarity, but it's a matter of speculation as to what any change would be.
"Whether there is to be a change in the law is a matter for Parliament not for me."
It is correct for a director of public prosecutions to explain why he has made certain decisions, it is not correct for him to suggest that a change in the law would bring greater clarity.
Dr. Peter Saunders of the Care Not Killing Alliance told the Daily Mail that:
'Assisted suicide is a very serious crime and I don't think anybody should be lulled into believing it is all right to assist a suicide. Prosecution is at the discretion of the DPP.
'But we must be extremely aware of the risk of the slippery slope and of the influence of the very well orchestrated campaign for assisted suicide.'
'We have to be aware of the huge danger of people being pressured into feeling themselves a burden, and of people with disabilities putting pressure on their families to help them commit suicide.'
The sad reality about the case of Daniel James is that he lacked the support he needed to be re-assured of the value of his life, and not abandoned to his negative thoughts and depressive mood about his future. Daniel James was injured during a Rugby match, leaving him paralysed.
It is understandable that someone who has experienced significant paralysis will question their purpose in life, but when that person is re-assured and supported by a caring community that does not consider his/her life to be a burden, then they will usually change their mind.
James died too soon after his accident to be given the opportunity to realize that his life had hope.
Alison Davis, the leader of the disability rights group - No Less Human, is the prime example of the need for a supportive community.
Alison had attempted suicide several times and thought that she had no hope in her life. In time, she found a supportive community and she has proven that her life not only has value but that she could be incredibly productive and be happy.
Link to the article from BBC News:
http://news.bbc.co.uk:80/2/hi/uk_news/7820133.stm
Link to the article in the Daily Mail:
http://www.dailymail.co.uk:80/news/article-1110762/DPP-gives-green-light-Swiss-assisted-suicide-trip-law-workable.html
Posted by Alex Schadenberg at 10:10 AM 2 comments:
Labels: Assisted Suicide, Care Not Killing Alliance, Daniel James, UK
Judicial Tyranny in Montana - Montana Judge forces assisted suicide upon Montana
Montana's Judge Dorothy McCarter has imposed assisted suicide upon the state of Montana. I am not a legal expert but Wesley Smith has made some very significant statements about this situation.
I will only say that this represents a judicial tyranny upon the people without any consideration of the vulnerable who will become pressured into death, rather than receiving dignified care and loving support.
The other side will say that this decision ensures that a person's individual choice will be honored. That is such a lie. The social and cultural reality will lead to some people choosing death while others will feel the cultural force pushing them over the edge.
Whether it be a subtle pressure or the reality that some people are too stupid not to "choose" death with death becoming silently imposed upon them.
In the end who will know the difference and who will care. The dead do not have a voice.
Link to Wesley Smith's blog comments on Montana's assisted suicide judgement:
http://www.wesleyjsmith.com/blog/2009/01/judicial-tyranny-in-montana.html
Euthanasia comes to Montana courtesy of Judicial Activism:
http://www.weeklystandard.com/Content/Public/Articles/000/000/015/930uapms.asp
Previous comment by Wesley Smith on the Montana case:
http://alexschadenberg.blogspot.com/2008/10/if-montana-anti-assisted-suicide-law-is.html
Labels: Alex Schadenberg, Euthanasia of people with disabilities, imposed death, Montana, Wesley Smith
Dignitas under investigation for 'profiteering' from assisted suicide
An article in the Telegraph Newspaper in the UK is reporting an investigation that is being done into the financial affairs of the supposedly "non-profit" Dignitas assisted suicide clinic in Switzerland.
The article reports that the Dignitas clinic that has assisted the suicide deaths of nearly 1,000 people is under investigation amid fears it may be profiteering from its vulnerable patients.
The founder of the group (Ludwig Minelli) is reported to have become a millionaire by helping at least 870 terminally ill people – an estimated 100 of whom were British – die. It is said to have taken as much as £61,000 from one woman, 10 times its usual fee. ...
Juerg Vollenweider, state prosecutor in Zurich, said: "We still don't even know what Dignitas does with the 10,000 Francs it is paid (£6,000) or what it is for.
"If we are kept from taking a look into their accounting, we could see that as selfish motives."
"But if Dignitas can also be shown to have selfish motives, it could be in a lot of trouble," a legal source said.
The Swiss law states that it is illegal to assist a suicide for personal gain. If the authorities prove that Dignitas and Minelli are gaining from suicide assistance then they are breaking the law.
The article also quotes from a Swiss newspaper that reported:
According to the Swiss newspaper Blick, the head of Dignitas, Ludwig Minelli, has so far failed to hand over the books, claiming he needs to transfer them from old computer software.
He said: "As soon as I find enough time I'll do it. If the state prosecution feels I'm making myself rich, they should start legal proceedings."
The current scandal is simply one of many scandals that has been reported about Dignitas over the past 10 years.
The article stated:
Last year it (Dignitas) was evicted from a flat in Zurich after neighbours complained about dead bodies being taken out in the lift and hearses parked outside.
Swiss officials have also investigated allegations that the remains of dead patients were being dumped in lakes after being cremated. Two Dignitas workers were allegedly caught trying to pour the ashes of 20 bodies into Lake Zurich, but a former employee claimed at least 200 people's mortal remains had ended up in the same body of water.
The operation of Dignitas is creating a significant concern in the UK where more than 100 people have gone to Dignitas to die by assisted suicide.
The UK does not appear to be moving towards legalizing assisted suicide. Recently Gordon Brown the UK Prime Minister said recently:
"It is not really for us to create any legislation that would put pressure on people to feel they had to offer themselves because they were causing trouble to a relative or anyone else.
"I think we have got to make it absolutely clear that the importance of human life is recognised."
I am not surprised by the fact that Dignitas is being investigated for financial impropriety. Several years ago I learned that Dignitas required that anyone who wished to die at their clinic needed to first become a Dignitas member. Membership was not cheap and having a membership with Dignitas did not buy you death. You still needed to pay a significant fee to receive approval to die at Dignitas.
I friend of mine has always said that when you follow the money you will learn the true motivation.
Dignitas has also been using the Exit Bag with Helium method to kill their members. Considering the fact that no prescription is needed to employ this method, Dignitas probably also needs to be investigated concerning what kind of cases they are willing to assist a suicide.
Are they killing people who suffer from treatable depression? Are they killing people who are "Tired of Living"? These are questions that need to be answered.
Link to a previous article about Dignitas:
http://alexschadenberg.blogspot.com/2008/11/swiss-assisted-suicide-clinic-offers.html
Link to the original article:
http://www.telegraph.co.uk/news/4160472/Dignitas-under-investigation-for-profiteering-from-assisted-suicide-patients.html
Labels: Dignitas clinic, Ludwig Minelli, Switzerland Assisted Suicide
Baroness Warnock says that: Doctors who refuse euthanasia are wicked
Baroness Warnock, the infamous politician and ethicist in the UK, who stated last September that people with dementia had a duty to die has now stated that:
DOCTORS who refuse to help terminally ill patients to kill themselves when they request to die are "genuinely wicked"
Warnock defended her position the euthanasia and assisted suicide should be legalized in the UK on Monday, January 5 at the Northern Ireland Forum for Ethics in Medicine and Healthcare, a multi-disciplinary group which seeks to promote an awareness of ethical issues that arise in the delivery of health and social care in Belfast.
Warnock further stated that:
doctors and nurses should encourage terminally ill patients to decide, while still relatively healthy, whether to be helped commit suicide when they reach a seriously ill state.
The idea of preparing people for assisted suicide will lead to a pressure upon people who do not have social support to "choose" death.
The article stated that fears were raised that doctors could be asked to become "executioners" for the old and dying.
Warnock re-phrased her duty to die concept for people with dementia by stating:
"I believe that if someone is diagnosed as having the beginnings of Alzheimer's or dementia, at that stage it is a positive duty that doctors should talk to them about what will happen when the moment comes where they reach steep decline." ...
"They can be kept alive and are kept alive, but the question has to be: What is the point of the life at the last stages of Alzheimer's or dementia?"
Link to Warnock's previous statements on the duty to die for people with dementia.
http://alexschadenberg.blogspot.com/2008/09/dementia-sufferers-may-have-duty-to-die.html
The article stated that Dr Idris Baker, who is a consultant in palliative medicine in Cardiff, gave a speech against euthanasia.
It is interesting that none of the comments by Dr. Baker were published in the article.
The article did state that: A confidential survey of every GP in Northern Ireland by the British Journal of Medical Practice in 2000 found that 70 per cent of GPs would not assist someone to die.
Warnock will speak about voluntary euthanasia in one comment and then state that people have a duty to die in another comment.
Warnock's comments relate closely to the comments by Peter Singer, the Princeton University chair in bioethics who believes that only beings that are self-aware should be considered persons. Thus when you lose a certain level of self-awareness, society stops being responsible for your care or your life.
Baroness Warnock needs to be taken very seriously. Her attitudes promote an acceptance of killing the most vulnerable people in our community and they also create a feeling among the frail elderly that they are not valued and their lives are not worth living.
Society needs to uphold the elderly and treat them with respect and dignity. We need to care for people with dementia, not kill them.
http://www.newsletter.co.uk:80/news/Ignoring-a-death-wish-is.4845993.jp
Labels: Duty to Die, Lady Warnock, Peter Singer, UK
Suicide prevention mandatory for national accreditation
I found an important news article in my archives about the fact that now every hospital and nursing home must have an approved suicide prevention plan in order to receive national accreditation.
By making suicide prevention a requirement, Canada is following the United States, where the accrediting Joint Commission requires hospitals and other health-care organizations to do the same.
According to Statistics Canada, 3,614 people died by suicide in 2004, the latest figures available. However, there are no national numbers on how many of those deaths were in hospitals or nursing homes.
In Ontario, there were 114 suicide deaths in hospital, 33 in long-term care homes and 39 in retirement homes, seniors residences and assisted-living centres from 1995 to 2005, according to the Office of the Chief Coroner of Ontario.
The article explains the connection between psychiatric illness and suicide. It states:
Paul Links, who holds the Arthur Sommer Rotenberg Chair in Suicide Studies at the University of Toronto, said there is a strong relationship between suicide and psychiatric issues.
“If you look at people who died by suicide and you reconstruct their story, nine out of 10 people who died by suicide were suffering with psychiatric illness at the time of their death,” said Dr. Links, deputy chief of mental-health service at St. Michael's Hospital.
The article continued by explaining that many people with mental health issues find themselves waiting in line for care. This only leads to more suicide.
The article concludes that the medical system needs to follow people up after receiving care. People are often experiencing further mental health issues and a follow-up will identify these needs.
The Euthanasia Prevention Coalition is further concerned that the gains that are being made in preventing suicide will be lost if assisted suicide were legalized.
The recent response to the Ganzini et al article explaining that 26% of the people in her study who had requested assisted suicide in the state of Oregon were depressed was simply to say "so what". Depressed people are more likely to want to die by assisted suicide.
Link to the article on depression and assisted suicide:
http://alexschadenberg.blogspot.com/2008/10/depression-and-physician-assisted.html
Link to the globe and mail article:
http://www.theglobeandmail.com/servlet/story/RTGAM.20081021.wsuicide21/BNStory/National/
Labels: Alex Schadenberg, Depression, Elder Abuse, Linda Ganzini, Oregon assisted suicide, suicide, suicide prevention
Frail Elderly Vulnerable to Abuse
An article written by Andrew Conte and Mike Cronin and published in the Tribune-Review explains how seniors are vulnerable to abuse.
Police said one was beaten and tormented, another was duct-taped and kidnapped, and that a third wandered off alone and died in the cold after getting stuck outside.
Each of the women in these recent incidents was older than 85, placing them among the region's fastest-growing population segment -- and, experts said, among its most vulnerable.
"The key statistic is the number of people over 85," said Kurt Emmerling, bureau chief of advocacy, protection and care management with the Allegheny County Area Agency on Aging. "They are the people abused the most, who are the most fragile."
Western Pennsylvania has one of the nation's highest proportions of seniors, and as they age into twilight, social workers and others say the region's oldest residents need more help and protection than ever.
Statewide, the number of Pennsylvanians who are 85 or older has grown by more than 27 percent, to more than 300,000 people since 2000, according to the U.S. Census Bureau. The state ranks fifth in terms of its percentage of residents older than 85.
Western Pennsylvania has fueled much of that growth. Allegheny County's population of the oldest seniors increased by more than a quarter, to 35,000 residents. It has risen even more rapidly in nearby counties such as Washington, 35 percent; Beaver, 34 percent; and Westmoreland, 32 percent.
"A lot more people 85 and above are more vulnerable," said Michelle Smart, director of protective services for Ursuline Senior Services, which has county contracts to care for the elderly. "It could be because of their medical condition or their mental status, or it could be a lack of support."
The article advocates for the establishment of support networks for seniors. Even when seniors live in nursing or retirement homes, there is a need for support networks to protect them.
Even when a patient is in a care facility such as a nursing home or hospital, they still need a support network of family and friends, experts said.
"When you have a patient in a nursing home, the best way for them to have the best care is to have family members who are involved," said Dr. Edward C. Watters III, a Maryland ophthalmologist who wrote a book on the experience of helping care for his mother in a nursing home. "That means going in, asking questions, looking under sheets and seeing what they say."
Nationwide, federal inspectors cited deficiencies in more than 91 percent of nursing homes surveyed in 2005, 2006 and 2007, according to a September report by the inspector general for the U.S. Department of Health & Human Services.
About 17 percent of the 15,000 nursing homes surveyed in 2007 had a deficiency that posed "actual harm or immediate jeopardy" to patients, the report found. Surveys were unannounced and occurred at random hours.
The article promotes the good work of a group called SeniorCare. The article states:
Respect is the key to properly caring for seniors who need help, said Paul Winkler, president and CEO of Presbyterian SeniorCare based in Oakmont.
The nonprofit serves 6,000 people in nine Western Pennsylvania counties with nursing care, assisted living and retirement communities. To avoid the possibility of abuse or neglect, SeniorCare looks for applicants who are "special people who have a passion, and compassion, for seniors," Winkler said. And then they undergo vigorous reviews.
With an open-door policy, SeniorCare encourages families to visit loved ones at any time -- not just during set hours, Winkler said. Families considering SeniorCare for a relative can visit several times to observe interactions between staff and clients.
Top administrators at nursing homes can lessen the chances abuse will occur by setting a tone of compassion and respect, said Larry Frolik, a professor at the University of Pittsburgh School of Law and chair of the Pennsylvania Bar Association elder law section.
"I don't think many people take a job because they want to abuse the elderly," he said. "But they take these jobs and find it's so easy to get away with it, or it's frustrating."
The Euthanasia Prevention Coalition has promoted the concept of compassionate community care since its inception. We need to protect seniors and other vulnerable people in our communities.
The article concludes by stating:
"If you have a very old person living without a spouse or partner, they're very vulnerable," he said. "They need to find a supporting network for themselves."
Our culture needs to take heed and build the necessary support networks in order to protect the most vulnerable in our community, especially now that people are promoting euthanasia and assisted suicide for those who have become "Tired of Living". Many people will become "Tired of Living" if the people surrounding them view their lives as a burden and not as someone who is worthy of care.
Link to the article in the Pittsburgh Tribune-Review:
http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_605618.html
Labels: Elder Abuse, Euthanasia Prevention Coalition, Tired of Living
Montreal Gazette: Quebec should condemn assisted suicide explicitly
The Montreal Gazette editorial on Saturday, January 3, 2009 clearly stated why Quebec should condemn assisted suicide.
The editorial began by explaining why the acquital of Stephane Dufour should not represent a precedent on assisted suicide in Canadian law. This is also the position that the Euthanasia Prevention Coalition has taken.
The editorial stated:
The question of assisted suicide has become an issue in Quebec after a jury, ignoring a judge's clear instructions, refused late last month to convict Stéphan Dufour of Alma, who had admitted playing a role in his uncle's self-inflicted death. ...
That is not a precedent to be followed on this issue. Quebec authorities should condemn assisted suicide explicitly, and explain to Quebecers why helping someone die is not an option individuals should be free to choose at will.
Dufour's case is staggeringly sad. The 31-year-old mentally-handicapped man was browbeaten by his uncle, Chantal Maltais, until he agreed to rig up a contraption which Maltais used to hang himself.
Maltais, crippled by polio, was confined to a wheelchair, but evidently could, and did, end his own life. He was able to get his way by abusing his nephew for weeks until Dufour agreed to help him.
One can easily understand why the jury acquitted Dufour. How could they condemn to jail a man described by a leading psychologist as socially, intellectually and emotionally a child. Under pressure, Dufour was three times more susceptible than a normal person, the psychologist said.
In acquitting Dufour the jury was surely acting out of a desire to spare an intellectually-incapacitated young man, more than from any wish to increase legal access to assisted suicide. But Dufour should never have been tried on this charge; he should have been declared unfit for trial. If supporters of assisted suicide choose this case as a template, they're in trouble.
The Euthanasia Prevention Coalition thought that charging Dufour with assisted suicide was an inappropriate charge. Now the Crown has decided to retry the case based on the fact that the Crown did emphasize that Dufour had two days to deconstruct the suicide device. The response by the Euthanasia Prevention Coalition has been that the Crown should only retry the case if they have new evidence.
The article went on to emphasize how assisted suicide can threaten the lives of vulnerable people.
In fact, all the arguments we've heard in favour of assisted suicide break down under analysis. What looks at first blush like someone's firmly-held, well-thought-out desire to die often turns out, research has found, to be fear of burdening family or care-givers, a passing moment of despair, or the product of inadequate pain control.
There are also a rather surprising number of cases in which a treating doctor decides to hasten death without the patient's consent, never mind volition. In light of that, extending the power of life and death to relatives or friends seems downright foolish.
When the phrase "slippery slope" is trotted out, this is what it means: Patients being killed when alternatives exist - as they certainly did for Chantal Maltais.
This is not the direction we want our society to take. Political leaders need to show some leadership here, and speak up clearly against assisted suicide.
The fact is that euthanasia began in the Netherlands for people who were terminally ill and suffering uncontrolled pain. It is now available for people who have chronic physical and mental pain, including chronic depression, and infants with disabilities who have conditions that will not lead to immediate death.
The NVVE group in the Netherlands has now decided that their goal is to establish euthanasia for people who are "Tired of Living".
The euthanasia lobby likes to say there is no slippery slope. I guess that is because we have come to the bottom of the slope and when you hit bottom there is more slippage.
Link to the Montreal Gazette editorial:
http://www.montrealgazette.com/Quebec+should+condemn+assisted+suicide+explicitly/1136635/story.html
Labels: Alex Schadenberg, Assisted Suicide, Chantal Maltais, Netherlands euthanasia, Quebec euthanasia, Tired of Living
Fear Mongering for Assisted Suicide in Scotland
Wesley Smith has written an excellent article about the Fear Mongering of the euthanasia lobby. You need to read his comments.
Link to Wesley Smith's article on his blog:
http://www.wesleyjsmith.com/blog/2009/01/fear-mongering-for-assisted-suicide-in.html
Labels: palliative care, Scotland, Wesley Smith
Assisted Suicide - A personal point-of-view
This is an excellent personal blog comment on assisted suicide from a person who understands cancer and pain.
Link to the blog comment:
http://bintalshamsa.blogspot.com/2008/12/washington-states-assisted-suicide.html
Labels: Assisted Suicide, palliative care, Washington State I-1000
Maryland Bill Would Require Doctors to Promote Sui...
Assisted Suicide laws will never be permissive eno...
UK director of prosecution appears to be lobbying ...
Judicial Tyranny in Montana - Montana Judge forces...
Dignitas under investigation for 'profiteering' fr...
Baroness Warnock says that: Doctors who refuse eut...
Suicide prevention mandatory for national accredit...
Montreal Gazette: Quebec should condemn assisted s...
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University Archives Holdings Fine Arts and Applied Arts University Bands Edward A Brooks University ...
Edward A Brooks University of Illinois Marching Band Scrapbook and Sousa Band Concert Programs, 1925-1950 | The Sousa Archives and Center for American Music
Title: Edward A Brooks University of Illinois Marching Band Scrapbook and Sousa Band Concert Programs, 1925-1950
Series Number: 12/9/113
Acquired: 10/23/2009. Concert programs acquired July 7, 2015.
Volume: 0.25 cubic feet
Predominant Dates: 1948-1949
Arrangement of scrapbook done by Edward A. Brooks and maintained in its original order.
Brooks, Edward A. (1926-)
Edward Albert Brooks was born December 5, 1926 in Burlington, Iowa. He graduated from the University of Illinois at Urbana-Champaign in 1950 with a degree in Civil Engineering. While at the University he was a member of the Illini Marching Band, the First and Second Regimental Bands, the American Society of Civil Engineers and the staff of the Technograph, a student publication of the College of Engineering. After graduating he worked as a civil engineer in the Illinois Department of Transportation until retiring in 1987. He earned a M.A. in public administration from University of Illinois Springfield (then Sangamon State) in 1974.
Edward A. Brooks is a life member of the University of Illinois Alumni Association, a President Council member since 1986 and a member of the University of Illinois Foundation since 1997. He won the Loyalty Award for Exceptional Alumni Service in 2002.
University of Illinois Alumni Association files.
Band, Football
Special Formats (links to similar genres)
Archives Research Center, 1707 S. Orchard Box 1
Description: Contains the Edward A. Brooks University of Illinois Marching Band Scrapbook (18" by 12"), which consists of newspaper clippings, photographs and band formation routine guides documenting the University of Illinois Marching Band during 1944-1950, with most material coming from the 1948 and 1949 football seasons. Also contains Sousa Band Willow Grove concert programs from 1925.
Item 1: Scrapbook, 1944-1949
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Arizona Rattlers dismantle Danger in regular season finale
Arizona Rattlers Stories
By Tyler Drake | June 16, 2018 at 7:47 pm
UPDATED: June 16, 2018 at 8:21 pm
(Twitter Photo/@ArizonaRattlers)
PHOENIX — The Arizona Rattlers (11-3) needed a win in their final regular season game Saturday night against the Nebraska Danger (4-10) to solidify first round home field advantage for the upcoming IFL playoffs.
They did just that.
Taking down the Danger by a score of 59-23, the Rattlers got off to a quick start.
After the opening kick return set up the Rattlers in striking distance, running back Darrell Monroe punched in the three-yard touchdown. After a good PAT, the Rattlers took an early 7-0 lead.
Luck was on Arizona’s side too.
Trying to add to his touchdown total, Monroe worked his way into the end zone, but failed to hold onto the ball. Luckily for Monroe and the Rattlers, lineman Lamar Mady was there to scoop up the loose ball and secure the team’s second score of the night, pushing the lead to 13-0.
But the Danger wouldn’t be held scoreless for long.
Looking at second down with about four minutes to play in the first quarter, Danger lineman Davion Belk was able to get to Rattlers quarterback Jeff Ziemba, forcing the ball out and providing a defensive touchdown for Nebraska. After a good PAT, the Danger cut the lead to 13-7.
Momentum seemed to be on the Danger’s side in the second quarter after the team forced yet another fumble off of Monroe, his third of the night.
The Rattlers answered right back, however, intercepting Danger quarterback Gregory Hankerson on the first play of the drive. Rattlers kicker Sawyer Petre converted the turnover into points, hitting an 18-yard field goal to push the lead to 16-7 with 10:41 left in the first half.
Arizona wouldn’t have to wait long for another score after return man Jamal Miles brought back a missed Danger field goal 58 yards to extend the lead to 15.
The Rattlers would turn to backup quarterback Verlon Reed in the final moments of the second quarter. He would close out the game. It was not immediately clear if Ziemba was injured or head coach Kevin Guy wanted to make the switch based on the score.
Reed made an impact almost immediately.
Looking at fourth and one with under 20 seconds to play, Reed extended the play with his legs, running the rock 25 yards for the score.
The Rattlers ended the first half with a dominant 31-10 lead.
After trading a pair of picks to start the second half, Arizona went back to its first half gameplan, capping off a 29-yard drive with a Monroe touchdown run — his second of the night.
The Rattlers defense also added to the scoreboard in the third quarter, forcing a Danger safety to make it 39-10. The teams traded off touchdowns for the remainder of the third quarter, bringing the score to 45-17.
After scoring his second touchdown in the third quarter, Reed got his third and fourth of the night in the final quarter with a pair of seven-yard touchdown runs, making it 59-17.
The Danger would add another score, but it was the Rattlers who would come out victorious, taking a 59-23 win and earning home field advantage in the first round of the IFL playoffs.
The Rattlers will take on the Sioux Fall Storm, who Arizona beat twice this season, in the first round on June 23 at talking Stick Resort Arena.
QUICK STRIKES
– Monroe had a total of three fumbles on Saturday. Luckily, the Rattlers were able limit the damage, falling on two of them.
– The Rattlers first pass attempt came with 1:01 left to play in the first quarter.
– The Danger’s first offensive points, an 11-yard field goal, came with 3:28 left in the first half.
– Reed came in for Ziemba with about three minutes to play in the first half.
– The two teams combined for a total of just 28 passing yards in the first half.
– The Rattlers hold the No. 2 seed in the IFL playoffs, while the Iowa Barnstormers secured the top spot with a win on Saturday.
Follow @Tdrake4sports
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Rattlers throttle San Diego, complete undefeated regular season
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Singh Fights Through Injuries
Vijay Singh, the 2007 champion of the Arnold Palmer Invitational presented by MasterCard, had more than a tough golf course and swirling winds to contend with in his opening round Thursday morning on the Champions Course at the Bay Hill Club & Lodge.
The former Masters champion is suffering from a lower back injury that struck him Tuesday morning, and he was far from 100 percent in struggling to a four-over-par 74. The injury is only the latest problem for Singh, who has played little so far this year and is trying to prepare for the year’s first major championship when his season already has been curtailed by injury.
“I can’t get a break. It’s crazy,” said Singh, who underwent arthroscopic surgery on his right knee in January after the season-opening Mercedes-Benz Championship. “My knee is fine; it has not bothered me too much. I just need to walk some more. I’m getting better there, but my back is a mess now.”
Singh, age 46, opened with a double-bogey on the short par-four 10th hole and tried to play catch up all day before settling for a 74 – his second-highest opening round at Bay Hill and his worst score here since a closing 76 in 2004. In his 15 consecutive appearances starting in 1993, the talented Fijian has never missed the cut.
On Thursday, Singh appeared to be walking gingerly, and seldom did more than bend down slightly to read a putt. On one green, he started to bend his right knee to retrieve his ball from the hole, stopped, and then bent down with his left knee.
“He did look like he was hurting a little,” playing partner Ben Curtis said. “He was gutting it out.”
Singh, the reigning FedExCup champion, who has won 34 career titles on the PGA Tour, including three majors, has played in just five events this year leading up to his appearance at Bay Hill. He has not finished better than a tie for 17th, which came at the Accenture Match Play Championship.
“It’s a miracle that I’m here, really,” said Singh, who along with his 2007 victory has three runner-up finishes at Bay Hill. “My trainer did a great job, but it’s still not real good. It’s a shame, too, because I was hitting it beautifully on Monday. The golf swing was really good. This is very disappointing. I need to get some rounds under my belt before the Masters, and now I have this.”
-- Dave Shedloski
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Home Media Partners Meet the Film Festival: Slovak Queer Film Festival
Meet the Film Festival: Slovak Queer Film Festival
Anomalilly
Slovak Queer Film Festival is the sole cinematic event in Slovakia dedicated to the films focusing on the stories and issues of the LGBTQ communities. It aims to reach wide audience – not only to be a festival about LGBTQ people for LGBTQ people but also to speak to the non-LGBT audiences. Simply, to transcend sexual identities and orientations and to create a space for learning, understanding, and acceptance.
The very first edition of “Gay Film Fest” took place in Tajov, a small village in Central Slovakia, in 1995. It was, as well as its 1996 edition, a rather closed event consisting of seminars, lectures, and screenings focusing on the history of the image of gays and lesbians in films. After a two-year-break, the festival moved to Bratislava and grew a little. At that time, beloved Film Club 901 of the Faculty of Pedagogics of Comenius University became its main venue.
Gradually, it has gained new partners in schools, especially the Academy of the Performing Arts, foreign cultural institutes and embassies. The 5th edition in 2001 that took place in Bratislava and Banská Bystrica, was followed by a five-year hiatus.
Matia alias B-COmplex at the opening of the 12th edition, 17 October 2018.
Slovak Queer Film Festival, already under its current name, rebooted in 2007. First as a mirror festival of the Czech LGBTQ film festival “Mezipatra” (= mezzanine; a space in between). Nonetheless, the reboot worked out well. In 2009 the festival gained its independence in programming and ever since it takes place every year in Bratislava and eventually in other cities in Slovakia.
Slovak Queer Film Festival does not hold a separate competition section, yet all the films in the program (except for those in the Queer Classics section) vie for the Audience Award Pink Balloon.
Martin Macko, president of Iniciatíva Inakosť, Zita Hosszúová, director of the Slovak Queer FF and the photographer at the opening of the 12th edition.
The festival is organized as a non-profit event financed and/or supported by the combined public (eg. Audiovisual Fund, City of Bratislava – fund Ars Bratislavensis, private sponsors and partners, limited own resources) and since 2007 it has been organized by a non-profit organization Iniciatíva Inakosť. Iniciatíva Inakosť is an umbrella civil association interconnecting individuals and organizations aiming to improve the quality of life of lesbians, gays, bisexuals, intersexuals and transgender people so they could be equal members of their families, work or school collectives, local communities, churches and thus equal citizens of Slovakia.
For the 3rd consecutive year, in 2019, Slovak Queer Film Festival presents a special section dedicated to the cinemas of Far East Queer Asia. The section is curated by Kristina Aschenbrennerova, programme consultant for the East and South-east Asian territories. Each screening opens an introduction providing a socio-cultural context to the film, as well as the background of the director.
Just a little bit of queerternational activism.
The 13th edition of the Slovak Queer Film Festival will be taking place 16 – 21 October 2019 in Bratislava, following by screenings of selected films in other cities of Slovakia.
Filmový festival inakosti
Iniciativa inakost
Hello everyone! Ever since I was a kid, I wanted to be an actress. I absolutely adored Greta Garbo. Far from her looks and even further from her talents, I ditched acting as a professional career option and went for film studies. It must have been sometimes in my early teens, which is still too late if you look at the origin stories of my colleagues, I fell for action cinema and cinemas of the Far East. Depending on who asks, the answer to "why" question is either: 1/ The lighting style just hit me in the guts, or 2/ Have you really seen those men? (Up until now, I would welcome Han Suk-kyu to read me anything.) I program the Asian sidebars "Eastern Promises" at Art Film Fest Košice and "Queer Asia" for Slovak Queer Film Festival. Both in Slovakia. I come from there. Oh, and I talk quite a lot. So long, and thanks for all the fish.
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Global Drought Changes in the 21st Century – Magnitude and Causes Under a Low-Moderate Emissions Scenario
According to Zhao & Dai in the 21st century drying over land is expected to increase as a result of atmospheric demand for moisture and it is expected that the number of dry days will increase. In this study Zhao & Dai investigated the magnitude and key drivers of this drying by the use of model simulations under a low-moderate scenario, RCP4.5. The self-calibrated Palmer drought severity index with the Penman-Monteith potential evapotranspiration (PET) (sc_PDSI_pm), top 10-cm soil moisture (SM), and runoff (R) from 14 models are analysed. It has to be found that the change patterns are comparable while the magnitude differs among these measurers of drought. It has been suggested that the frequency of the SM-based moderate (severe) agricultural drought could possibly increase by 50-100 % (100%-200%) in a relative sense by the 2090s over most of the Americas, Europe, and southern Africa and parts of East and West Asia as well as Australia. In spite of increases in the mean frequency of runoff-based hydrological drought could also increase by 10%-50% over most land areas. The probability density functions (PDFs) flatten, which enhances the increases of drought induced primarily by decreases in the mean. The SM change is contributed to by precipitation (P) and evapotranspiration (E) changes; whereas sc_PDSI_pm decreases are the result of PET increases of 10%-20% with contributions from decreased P over subtropical areas. Most of the PET increase is explained by rising temperatures and vapour deficits, which in turn explains most of the E increases over Asia and northern North America while decreased SM leads to lower E over the rest of the world. There are radiation and wind speed changes that have only small effects on the future PET and drought. On a global scale runoff ratio changes little while there are increases in P, E and R of about 4%-5% in the 21st century.
Zhao, T. and A. Dai (2015). "The Magnitude and Causes of Global Drought Changes in the Twenty-First Century under a Low–Moderate Emissions Scenario." Journal of Climate 28(11): 4490-4512.
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Posted by Vampire Over London: Bela Lugosi on December 2, 2015
Following the enormous success of the H.P. Lovecraft Bronze Bust Project and the Edgar Allan Poe Bronze Bust Project, sculptor Bryan Moore has set his sights on a third icon of horror literature: Bram Stoker.
Since its publication in 1897, Bram Stoker’s “Dracula” has set the standard for the vampire in art, literature, music and film. It’s influence cannot be denied. Scholars have labored over its implications since the Victorian era. Fans, like Moore, have simply enjoyed it for what it is: classic horror at its most potent.
“The character of Count Dracula embodies what we’d all like to be” Moore states. “Sexy, immortal, wise from centuries of lost l’amour, status hard won and enduring to the last. The undead Count represents everything timeless and deathless that never goes out of style throughout the romantic ages.”
As with the Lovecraft and Poe busts, Stoker will be immortalized in bronze to the city of his birth, Dublin, Ireland.
“Fans across the globe helped me to place busts of Lovecraft in Providence, Rhode Island and Poe to Boston, Massachusetts. It seemed only fitting that Bram Stoker should return to the Emerald Isle and will be donated to the Dublin Writers Museum in Parnell Square.”
“Placing a bust of Stoker here puts emphasis not only on his personality but also on his nationality” said Robert Nicholson, Curator of the Dublin Writers Museum. “Being born and bred a Dubliner was just as important to Stoker’s genius as it was to that of his contemporary and acquaintance, Oscar Wilde, and to many other writers born here on the cultural faultline.”
Joining Moore in his literary quest of honoring Stoker is no less than Bram’s great grand-nephew Dacre Stoker, who manages the Estate of Bram Stoker as well as co-author of both the sequel to “Dracula” entitled “Dracula; the Un-Dead” and the non fiction “The Lost Journal of Bram Stoker”. Dacre travels the world presenting his informative and entertaining lecture “Stoker on Stoker” to Dracula fans eager to learn more about their favorite author.
“The Bram Stoker Estate is very pleased to endorse the Bram Stoker Bronze Bust Project. The Stoker family would ultimately like to see a statue of Bram displayed in a prominent location in Dublin. A bronze bust is certainly a fitting tribute and this effort by Bryan Moore is to be commended and is worthy of our family’s support.”
Also on board is noted Dracula scholar, author and filmmaker David J. Skal, whose book “Hollywood Gothic: The Tangled Web of Dracula from Novel to Screen” paved the way for his much anticipated biography, “Something in the Blood: The Untold Story of Bram Stoker”, to be published by Liveright next year.
“Bram Stoker and his extraordinary novel have received serious critical attention only in recent decades,” Skal said. “It’s attention long overdue and this wonderful tribute at an important literary institution will help solidify Stoker’s reputation as one of the most influential imaginative writers of all time.”
Skal will also join Moore at the bust unveiling on May 26th, 2016, the anniversary of “Dracula’s” original publication in 1897. He will also present his first public reading anywhere of passages from “Something in the Blood.”
As with the Lovecraft and Poe projects, Moore will be launching a Kickstarter campaign to crowdfund the costs of the bust as well as personally making a financial donation to Children’s Books Ireland, a local organization that promotes children’s literacy.
“It’s an incredible amount of work for many months to plan and launch these bust projects with the project team, but also incredibly rewarding” says Moore. “So many fellow fans from across the world rally to the cause and help me turn this vision into a reality, which is to celebrate these legendary authors of works that mean so much to the public consciousness and to pop culture. It’s about time that the authors of these classics of horror literature were seen as legitimate scribes of something really special that never becomes dated. Horror will outlast us all.”
All inquiries can be directed to Lizette Webb-Strike at bramstokerbronzebustproject@yahoo.com
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Related Posts & Pages
Bram Stoker interview from the July 1st, 1897 edition of The British Weekly
Bram Stoker’s own stage adaptation of his novel
Reviews of Dracula From the UK, Australia, New Zealand, America, Canada
The Library contains images of some of the many different editions of Dracula, from early and rare editions to modern editions featuring Bela Lugosi on the cover. The library also contains images of books about the stage and screen versions of Dracula, Bram Stoker’s other books, biographies of both Bela Lugosi and Bram Stoker, magazines and fanzines.
This entry was posted in Bram Stoker, Bryan Moore, Dacre Stoker, David J. Skal, Dracula and tagged Bram Stoker, Bryan Moore, Dacre Stoker, David J. Skal, Dracula, Dublin Writers Museum, The Bram Stoker Bronze Bust Project, The Bram Stoker Estate. Bookmark the permalink.
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Gotthold Ephraim Lessing Facts
Gotthold Ephraim Lessing Quotes
The German philosopher, dramatist, and critic Gotthold Ephraim Lessing (1729-1781) was one of the most brilliant representatives of the German Enlightenment and stood on the threshold of the Sturm und Drang, or Storm and Stress, movement.
Gotthold Ephraim Lessing, the son of a parson, was born on Jan. 22, 1729, in Kamenz in der Oberlausitz near Dresden, Saxony. After early education at the Fürstenschule St. Afra in Meissen, he attended the University of Leipzig from 1746 to 1748. This "little Paris" of 18th-century Germany was the stronghold of Johann Christoph Gottsched.
In 1748 Frau Caroline Neuber's company performed Lessing's Der junge Gelehrte, a comedy about a haughty, pedantic young scholar, composed in the French manner and, to a degree, autobiographical, as Lessing himself was in danger of becoming a bookworm. From 1749 he was a feuilletonist and critic in Berlin; his friends and acquaintances included Karl Wilhelm Ramler, Christoph Nicolai, and Moses Mendelssohn, on whom Lessing modeled the noble Jew in his Lustspiel (comedy) entitled Die Juden (1749).
With Miss Sara Sampson (1755) Lessing introduced a new German genre, the bürgerliches Trauerspiel (domestic tragedy), which turned away from the French tragedy. The play is based on the Medea theme but in an English setting.
From autumn 1755 to May 1758 Lessing was in Leipzig, where he met Ewald von Kleist, the author of Der Frühling. Kleist, mortally wounded at the battle of Kunersdorf in 1759, was Lessing's model for Tellheim in Minna von Barnhelm. In Berlin from 1759 Lessing, with Mendelssohn and Nicolai, published the Briefe, die neueste Literatur betreffend (referred to as Literaturbriefe). These letters, concerning the most recent literature, attacked literary facades, mediocrities, and inflated celebrities, above all Gottsched. Nobody was supposed to deny that German theater owed many improvements to Gottsched, but Lessing, in the seventeenth Literaturbrief, claimed to be that "Nobody" and repudiated indebtedness to Gottsched, who, instead of pointing to Shakespeare as Lessing did, saw in the French theater the model for Germany.
At the end of the letters Lessing published his Doktor Faust fragment (1759), a brilliantly conceived work, unfortunately never completed. In Act II, scene 3, seven spirits of hell offer their services. Faust needs the swiftest: neither the finger through the flames, nor the arrows of the plague, nor the wings of winds, nor the rays of the sun, nor the thoughts of men, nor the revenge of the revenger can be as quick as the transition from good to evil, which he chooses as his quickest servant.
In the same year Lessing wrote Abhandlungen über die Fabel and Fabeln. Abhandlungen contains five "Essays on Fable": on the essence of fable; on the use of animals, for example, the wolf and lamb, to illustrate a moral truth; on the division of the stories; on their artistic presentation; and on their use in education. Lessing lets the readers discover the moral for themselves. In this respect and others he differs from Christian Fürchtegott Gellert's treatment of fable: Gellert imitated the easy, lengthy flow of Jean de La Fontaine's narrative, whereas Lessing is almost barrenly brief; Gellert wrote in verse meter, Lessing mostly in prose; Gellert's fables reflect his own age, Lessing's are timeless.
Zerstreute Anmerkungen über das Epigramm (1771), counterpart to Abhandlungen über die Fabel, reveals Lessing's unique mastery of succinct statements, pointed modes of expression, and witty sayings. According to Lessing the Sinngedicht (epigram) is a kind of headline or inscription (as on monuments) to arouse curiosity and attention.
Middle Period
The Laokoon (1766, first part) is, next to Hamburgische Dramaturgie, Lessing's most important literary and esthetic criticism. Poetry and paintings are interpreted as essentially different expressions: actions, or things which succeed one another, are the true subjects of poetry; bodies are the true subjects of painting and sculpture. Beauty, not Johann Joachim Winckelmann's "noble simplicity and serene greatness," is the highest principle of artistic presentation. Laokoon's death agony would distort his features to an unbearable degree. The sculptor is subject to artistic laws different from those of poetry. Bildende Kunst (pictorial art) depicts bodies adjacent to one another and presented in the most pregnant moment of time, whereas literature presents actions in succession.
In 1767 Minna von Barnhelm, set in the Seven Years War, appeared, a landmark in 18th-century German drama—its first successful comedy, first truly national drama, and still a popular play. Doubtless the national elements are unmistakable, but they are not decisive in this comedy of situation (the deception with the ring, the apparent poverty, and so on) and of character (the teasing Minna and the chivalrous but rigid Tellheim). The vividly funny, mirth-provoking effects are mainly delegated to subaltern figures (Just, Franziska, and the retired sergeant major Werner), whose deeds are set against the serious, touching conflict between Tellheim and Minna, at times verging on tragedy. But their essentially generous characters assure an ultimately happy outcome.
From 1767 to 1770 Lessing was dramaturge of the national theater in Hamburg. His periodical, Hamburgische Dramaturgie, appeared on April 22, 1767, the day a national theater first opened in Germany. Lessing revealed himself as a champion of Shakespeare and a relentless critic of the slavishly observed French "three unities" of time, place, and action. For Lessing, Shakespeare was nearest to the Greek tragedians-thus in a sense a "classic" author.
It was not until the early German romantics that Shakespeare was fully understood as essentially akin to the German genius. But in a Literaturbrief Lessing maintained that, after Sophocles's Oedipus, no plays have more power over passions than Othello, King Lear, or Hamlet. Lessing translated Aristotle's fobos kai eleos as Furcht (fear; not Schrecken, or terror) and Mitleid (pity). The two terms are pivotal in the main discussions of the Hamburgische Dramaturgie: we are prompted by the fear that a similar fate may befall us; thus fear is pity transferred to ourselves.
Lessing's Letters of Antiquarian Content (Briefe anti-quarischen Inhalts, 1768-1769) arose from a bitter dispute in Halle with the antiquarian Christian Adolf Klotz, who attacked Laokoon. Another polemic against Klotz, who misunderstood a remark in Laokoon, is the inquiry into the theory about death and youth, Wie die Alten den Tod gebildet (1769), in which Lessing rightly maintains that skeletons portrayed by the ancient Greeks never were meant to symbolize death.
According to Lessing, the skeletons on sarcophagi, sepulchers, monuments, and the like portrayed lemures, or spirits of the dead. The Greeks showed death as the twin brother of sleep, as in Homer, namely as a youth. Klotz misread and deliberately obscured Lessing's statement about death in chapter 11 of Laokoon. There is no question of mawkishly glossing over the terrors of death. As a rationalist, Lessing faced the issue with unshrinking sentiment: death meant the end of suffering; Lessing, therefore, aptly concludes his erudite Untersuchung with a reference to Scripture in which an angel is the image of death.
Later Works
In the spring of 1770 Lessing went to the Brunswick Ducal Library in Wolfenbüttel, where he stayed until his death on Feb. 15, 1781. Emilia Galotti, a domestic tragedy based on the Virginia theme, appeared in 1772. Lessing's intention was to modernize the Roman story; rather than fall into the prince's seductive power, Emilia chooses to die at the hands of her father, Odoardo. The ultimate solution remains a rather unconvincing, highly intellectual exercise: Friedrich von Schlegel called it "a great example of dramatic algebra;" Johann Wolfgang von Goethe spoke of a nur gedacht (thought-out) play.
Lessing's introduction of the theme of political power and arbitrary authority, however, must have found a ready response among the angry young men of his time, although the play does not advocate a violent break with traditional powers. Galotti sacrifices his daughter—he does not kill the prince. The real flaw is that Emilia Galotti has no hero. Emilia is clearly not the hero, nor is her father. Marinelli is too contemptible a villain, and the prince lacks personal stature as a ruler. Although he masters brilliant repartee, for example, in the conversation with the painter Conti, he reveals himself as a moody, irresponsible lover and ruler who is quickly ready to sign a death sentence.
From 1778 Lessing engaged in a vehement theological conflict with orthodox Protestants when he published fragments from the Apologia for the Reasonable Worship of God by the Hamburg professor Hermann Samuel Reimarus. Lessing's fearless attack on the Hamburg pastor Johann Melchior Goeze in Anti-Goeze (1778) and his noble defense of tolerance were, however, frustrated when the Protestants persuaded Karl I, Duke of Brunswick, to silence him. Lessing, cruelly condemned to refrain from answering the attacks, suffered a year of despair: his beloved wife, Eva König, widow of a Hamburg friend, died in January 1778. Lessing had married her in the autumn of 1776.
In Anti-Goeze Lessing uttered the proud statement: "If God in His right hand held all truth and in His left hand the ever-active quest for truth, although with the reminder that I shall for ever and ever err, and said to me: 'Choose,' I would in humility choose His left hand and say: 'Father, give. Pure truth is for You alone."' Lessing's views obviously had much in common with Baruch Spinoza's pantheism. Both believed that ultimate truth lay beneath all church dogmas.
Nathan der Weise: Ein dramatisches Gedicht (1779; Nathan the Wise), written in blank verse, demonstrates that idea. It is less a drama than a manifestation of Lessing's progressive thinking, religious tolerance, and enlightened humanitarianism. There is no doubt that Mendelssohn and Lessing himself were the models of Nathan's character. The play, in spite of comedy-like features, is no comédie larmoyante. It turns on the meaningful ring fable from Boccaccio's first day in The Decameron: the rings symbolize the three religions—Christian, Jewish, Mohammedan. This ring parable appears also in the Gesta Romanorum, an early-14th-century Latin collection of stories.
Die Erziehung des Menschengeschlechts (1780) reaffirms Lessing's profound belief in the enlightenment and progress of the human race. Various forms of religion are merely stages in the striving toward perfection and truth. Lessing pretended to be merely the editor of the hundred paragraphs of "The Education of the Human Race." In fact, it summarizes his doctrines of faith. Does he uphold the dogma of immortality? He clearly believes in metempsychosis, that is, the transmigration of the soul of a human being (or animal) at death into a new body; and he strongly reasserts his trust in human progress and its highest stages: enlightenment and the purity of the heart. The doctrine of Erbsünde, the original sin, is demonstrated as the inability of man to be intelligently governed by moral law. Education is the key to Lessing's faith. There is a very personal note in the statements of religious conviction as regards the foundation of all certainty in knowledge and of faith in an eternal Providence that can never be rationally perceived. Lessing realizes that "the shortest line is not always the straight one."
Whether Lessing was the first critic in Europe, as Thomas Babington Macaulay claimed, is arguable, but he was certainly, with Goethe and Schiller, a most brilliant and fearless judge of artistic form and a great modern literary critic.
Further Reading on Gotthold Ephraim Lessing
Important works on Lessing are Henry Burnand Garland, Lessing: The Founder of Modern German Literature (1937; 2d ed. 1963), and J. G. Robertson, Lessing's Dramatic Theory (1939). Interesting recent studies are Henry E. Allison, Lessing and the Enlightenment: His Philosophy of Religion and Its Relation to Eighteenth-century Thought (1966), and Peter Heller, Dialectics and Nihilism: Essays on Lessing, Nietzsche, Mann, and Kafka (1966). See also Kuno Francke, A History of German Literature as Determined by Social Forces (1897; 4th ed. 1927); W. H. Bruford, Germany in the Eighteenth Century: The Social Background of the Literary Revival (1935); Curtis C. D. Vail, Lessing's Relation to the English Language and Literature (1936); and E. L. Stahl and W. E. Wuill, German Literature of the 18th and 19th Centuries, edited by A. Closs (1970).
Garland, Henry B. (Henry Burnand), Lessing, Norwood, Pa.: Norwood Editions, 1977.
"Gotthold Ephraim Lessing." YourDictionary. LoveToKnow. biography.yourdictionary.com/gotthold-ephraim-lessing.
Gotthold Ephraim Lessing. (n.d.). In YourDictionary. Retrieved from https://biography.yourdictionary.com/gotthold-ephraim-lessing
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UT Arlington Offers Pre-Medical Undergraduates Hands-On Hospital Experience
August 13th, 2015 Isaura Santos 0 comments
The University of Texas at Arlington and one of the largest non-profit heath systems — Texas Health Resources — are partnering to offer to undergraduates who are pursuing medical careers the unique chance to experience a physician’s work firsthand.
The Pre-Medical Student Preceptorship Program will formally be launched this fall, enrolling selected students in a very competitive process that will involve a 6-week course at Texas Health Arlington Memorial Hospital in its operating rooms and patient settings.
Participants will assess medical literature, present case studies to their mentors and meet with faculty members to discuss their clinical experience, molecular research, clinical trials, ethical issues and patient experiences.
“The University of Texas at Arlington is thrilled to continue to build a powerful partnership with Texas Health Resources, one of the drivers of the North Texas economy and a leading national provider of patient care,” said President Vistasp M. Karbhari. “We are looking forward to expanding our relationship to further biomedical and health science education and research to not only provide the very best academic experiences for our students but to also engage proactively in partnerships that enable the well-being of our community and to ensure better health care for the future.”
The Texas Health Resources Southwest Zone executive vice president and operations leader Kirk King added: “By collaborating with outstanding individuals at UT Arlington, our dedicated clinicians and physicians on the medical staff are helping advance science and medicine in North Texas. We are privileged to work with UT Arlington and to use our wealth of clinical and academic knowledge to enhance health care and improve the health and well-being of the people in the communities we serve.”
Dr. Ashley Purgason, an administrator for the program, is a UT Arlington alumnus who earned her doctorate in environmental toxicology from the University of Texas Medical Branch in Galveston. “Many preceptorship programs are reserved for medical students or offer undergraduate students limited engagement,” Purgason explained. “Our students will have access to a truly rich medical experience that ultimately will benefit both institutions and produce more physicians to serve our region.”
Dr. Joseph Borrelli Jr., an Orthopedic Specialist at UT Arlington, added: “It’s critical for them to know early on how important it is that they learn the sacrifices, the commitment that we make. They also see what a positive interaction health care is. We spend a great deal of time helping our patients, treating our patients and bonding with our patients.”
Joseph Balaban, a biochemistry student from Cleburne who enrolled the pilot version of the program, expressed his surprise in seeing how patients were willing to help him as a student. “Not many pre-med students get this kind of exposure before medical school. Every day was a new day. One day we’d be working in the office, another day we’d go to the OR… That excitement of being able to do something new every day definitely had me hooked and strengthened my resolve to go to medical school.”
According to Blake Kretz, Texas Health Arlington Memorial Hospital president, the program will build a pipeline of future physicians: “With the aging of America, we’ll need more and more physicians to care for people, and this is a great opportunity to give people experience from the very beginning in the hospital here.”
Read More Recent News
In 1992, Congress created a program called 340B, the alphanumeric name deriving the Public Health Service Act section in which it resides. The program obliges drug manufacturers to provide substantial discounts — in the 20 to 50 percent range — to health care providers serving large populations of low-income or uninsured patients in exchange for the cost of their drugs being covered under Medicaid. The 340B program helps stretch scarce Federal resources as far as possible, while reaching more eligible patients and providing them with more comprehensive services — at least that was the plan…..
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Isaura Santos
Isaura Santos graduated with a BS in Cell and Molecular Biology from Universidade Nova de Lisboa and a MA in Communication, Culture and Information Technologies from University Institute of Lisbon (ISCTE-IUL). Her professional interests include science communication, public awareness of science and communication of science through entertainment.
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On the Origin of Species by Means of Natural Selection, or the Preservation of Favoured Races in the Struggle for Life
On the Origin of Species, published on 24 November 1859, is a work of scientific literature by Charles Darwin which is considered to be the foundation of evolutionary biology. Its full title was On the Origin of Species by Means of Natural Selection, or the Preservation of Favoured Races in the Struggle for Life. In the 1872 sixth edition "On" was omitted, so the full title is The origin of species by means of natural selection, or the preservation of favoured races in the struggle for life. This edition is usually known as The Origin of Species. Darwin's book introduced the scientific theory that populations evolve over the course of generations through a process of natural selection. It presented a body of evidence that the diversity of life arose by common descent through a branching pattern of evolution. Darwin included evidence that he had gathered on the Beagle expedition in the 1830s and his subsequent findings from research, correspondence, and experimentation.
Various evolutionary ideas had already been proposed to explain new findings in biology. There was growing support for such ideas among dissident anatomists and the general public, but during the first half of the 19th century the English scientific establishment was closely tied to the Church of England, while science was part of natural theology. Ideas about the transmutation of species were controversial as they conflicted with the beliefs that species were unchanging parts of a designed hierarchy and that humans were unique, unrelated to other animals. The political and theological implications were intensely debated, but transmutation was not accepted by the scientific mainstream.
The book was written for non-specialist readers and attracted widespread interest upon its publication. As Darwin was an eminent scientist, his findings were taken seriously and the evidence he presented generated scientific, philosophical, and religious discussion. The debate over the book contributed to the campaign by T. H. Huxley and his fellow members of the X Club to secularise science by promoting scientific naturalism. Within two decades there was widespread scientific agreement that evolution, with a branching pattern of common descent, had occurred, but scientists were slow to give natural selection the significance that Darwin thought appropriate. During "the eclipse of Darwinism" from the 1880s to the 1930s, various other mechanisms of evolution were given more credit. With the development of the modern evolutionary synthesis in the 1930s and 1940s, Darwin's concept of evolutionary adaptation through natural selection became central to modern evolutionary theory, and it has now become the unifying concept of the life sciences.
Vetenskap och natur
Fler böcker av Charles Darwin
The Autobiography of Charles Darwin
On The Origin of Species 1st Edition
The Expression of the Emotions in Man and Animals
Life and Letters of Charles Darwin — Volume 1
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Tag Archives: Noubar Afeyan
by Steve Dickman | December 17, 2012 · 11:43 am
Moderna Therapeutics as the next Genentech? Not so fast
December 10, 2012 (slightly shorter version originally published on TechnologyReview.com)
Quick biotech PR tip: When exiting stealth mode, heralding your company as the next Genentech is one way to get above the noise. That was the approach of Moderna Therapeutics, a Cambridge, MA-based startup that announced itself last Thursday, revealing that it had raised more than $40 million and attracted an all-star set of board members and scientific advisers.
Announcing that you just might be on the way to becoming Genentech II raises the bar a wee bit. And, at first blush, Moderna looks like it might even get over that very high bar.
The concept is intriguing, to say the least. Biology’s central dogma is “DNA to RNA to protein.” Although Nobel Prizes have been won for discoveries that expand upon that central dogma (the discovery of reverse transcriptase, for example), the core approach underlies the first several generations of biotech products. Think EPO, Neupogen or the grandfather of them all, human insulin. You manipulate the DNA in the lab and then express the protein in the production facility. Then you put it in a vial and sell it to the patient, who gets an injection or an infusion. The main role for the dogma’s middleman, messenger RNA (mRNA), is a passive one: get transcribed from the DNA then, in turn, get translated into protein.
Moderna turns the dogma on its head: go straight to the RNA, do some fancy chemical tricks to it and deliver it directly into the body. This makes the patient herself into the production facility. All of us carry around cellular protein factories, known as ribosomes, and if properly activated, those can be harnessed (at a much lower cost) to produce proteins in which we have deficiencies.
One report on Moderna, published on Xconomy, quoted venture investor Noubar Afeyan of Flagship Ventures as saying that the company “builds on lots of things that have been tried before.” One of those things is gene therapy, providing genes (that is, DNA) via viruses or other delivery vehicles and trying to get cells to express those genes. Those approaches, too, tried to use the body as a manufacturing facility. Unfortunately, with some recent intriguing exceptions, most of them have failed.
Aside from this novelty, three things make Moderna so interesting:
Breadth of application
Since the mechanism is potentially so universal, proteins could be produced that address any number of diseases. The company said it will focus first on areas where protein therapeutics are already well-established: oncology supportive care, inherited genetic disorders, hemophilia and diabetes. But the company also claimed that it can also induce production of intracellular proteins that could never be given exogenously due to efficacy or immunogenicity concerns. Should this approach work, and it’s a bit of a long shot, it opens up new areas of application to the pharmaceutical industry.
Repeat dosing
Unlike many gene therapies, which could potentially be curative, in Moderna’s case the patient will need to be dosed with the mRNA over and over again. Think “recurring revenue stream.”
When Genentech and Amgen were founded, neither one had a monopoly on the production of all human proteins in bacteria. When monoclonal antibodies were invented in Cesar Milstein’s laboratory in Cambridge, UK, Milstein was discouraged from patenting the concept. But in Moderna’s case, filing broad and deep intellectual property was the company’s central focus and a big reason why the company remained in stealth mode for the past two years. This means that even if other companies manage to enable the use of mRNA-based techniques in areas not yet explored by Moderna, the company could still demand royalties.
Yet another reason to pay attention to Moderna: unlike many other biotech companies, Moderna was not based on work published soon after its founding. The original publication that drew interest from Afeyan didn’t involve using patients as protein factories at all. The paper, published by company founder Derrick Rossi in 2010, involved using injected mRNA to produce cells that resemble embryonic stem cells. According to the Xconomy article, Afeyan did not want to invest in a stem cell company, which he perceived as too risky. Instead, he suggested that Rossi use the mRNA as a way to induce protein production in patients. That led to the key experiments, as yet unpublished, that were the basis of the company’s intellectual property and its initial financing. According to Moderna’s triumphant press release, the publications are supposed to come in 2013.
At the same time, there are three big questions:
Isn’t Moderna facing a double hurdle, first in selectively getting into the right kind of cell and then in achieving the right therapeutic dose level? The first of these hurdles represents the same kind of delivery problem that has presented such an enormous challenge to RNA interference (RNAi) companies like Alnylam. For all its promise, RNAi was born amid a hail of questions expressing doubt about delivery. How to use systemic delivery to propel nucleic acid molecules with strong negative charges and potentially vulnerable to ribonucleases into the right cell types in the right organs at high enough concentrations to have a biological effect? That was the question. (The early results, as I viewed them in a cramped biochemical laboratory in Kulmbach, Germany, in 2002, looked blotchy at best.) More than ten long years later, despite some powerful efforts that cleverly take advantage of biological reality, for example, the “leakiness” of tumors, those questions have still not been completely laid to rest.
The other part of the delivery challenge has to do with what happens to the mRNA once it is inside the right kind of cells. How many cells exactly has it penetrated? What are the expression levels over time of the desired proteins on a per-cell or per-tissue basis? Will the levels in one patient be the same as in the next one? Achieving appropriate dosing without setting off alarm bells at the Food and Drug Administration will be tough.
Where are the other investors?
The only institutional investor named in the press release was Flagship Ventures. If other VC firms were involved, one would expect to find them sharing the limelight. So either Flagship decided that what it had in Moderna was so good, it did not want or need to share or other VC funds were approached and said no. It will be interesting to learn over the coming weeks which of these explanations, or which combination of them, pertains.
What’s the value in its first applications?
Let’s assume that the Moderna approach works. Suddenly EPO, Factor VIII and beta-globin can all be produced in patients deficient in these proteins simply by dosing them regularly with mRNA. But so what? There are already therapies on the market that will be doing this. In fact, some of those will be going generic and will be joined on the market by “biosimilars” that will presumably cost less than the existing (expensive) drugs. Furthermore, many of today’s most successful protein therapeutics have been modified (e.g. pegylated) to improve their half-lives. Where would be the advantage of an injection of mRNA over one of protein, especially a second-generation, long-acting protein such as Amgen’s Neulasta®?
Perhaps the advantage would come in proteins that cannot be injected as such because they elicit unwanted immune reactions from patients. But there are not too many examples that come to mind (thrombopoietin is one). That might be one reason why Moderna CEO Stéphane Bancel said that the company would be partnering the largest-market indication areas, like cancer, while retaining only rare diseases (in which intracellular protein production might make sense) for itself.
In summary, Moderna reflects a novel approach. For that, its founders and visionary investors deserve their well-earned day in the spotlight. It is especially commendable that a venture investor in the current no-whip, Splenda-only funding environment would create a good old-fashioned full-fat latte of a biotech company. Funding it exuberantly, vigorously protecting the IP and keeping the shares to yourself are all probably wise moves. But for the rest of us to see Moderna as a new Genentech, Moderna will have to publish in a peer-reviewed journal, partner with a pharmaceutical company or at least explain how it addresses basic questions like delivery and consistent dosing across tissues and patients.
Filed under Startup
Tagged as Alnylam, Amgen, biosimilars, EPO, Factor IX, Factor VIII, Flagship Ventures, Genentech, messenger RNA, Moderna Therapeutics, mRNA, Neulasta, Noubar Afeyan, protein therapeutics, RNA interference, RNAi, Stéphane Bancel, thrombopoietin
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The Nutcracker and the Four Realms (2018) | Film Review
Posted on 20 November 2018 by BR
Title: The Nutcracker and the Four Realms (2018)
Directed by: Lasse Hallström and Joe Johnston
Written by: Ashleigh Powell
Story by: Ashleigh Powell
Based on: The Nutcracker and the Mouse King by E. T. A. Hoffmann and The Nutcracker by Marius Petipa
Starring: Mackenzie Foy, Keira Knightley, Jayden Fowora-Knight, Helen Mirren, Morgan Freeman, Misty Copeland, Eugenio Derbez, Richard E. Grant, Matthew Macfadyen, Jack Whitehall, Ellie Bamber, Tom Sweet, and Charles “Lil Buck” Riley
Music by: James Newton Howard
Genres: Adventure, Family, Fantasy
MPAA Rating: Rated PG for some mild peril
Production Companies: Walt Disney Pictures, The Mark Gordon Company
Distributed by: Walt Disney Studios Motion Pictures
Young Clara needs a magical, one-of-a-kind key to unlock a box that contains a priceless gift. A golden thread leads her to the coveted key, but it soon disappears into a strange and mysterious parallel world. In that world, she meets a soldier named Phillip, a group of mice and the regents who preside over three realms. Clara and Phillip must now enter the fourth realm to retrieve the key and restore harmony to the unstable land.
I was so excited that nowadays Disney is making live-action to its stories. From Cinderella (2015) to Beauty and the Beast (2017) and the latest is Christopher Robin (2018). My favourite Disney Princess is Princess Aurora, so it is kind of disappointed when they made a change for its live-action and named the film as Maleficent (2014). Well, I get it though. Princess Aurora doesn’t show much in the original film. Anyway, I too am excited with the recent Disney film—which I want to discuss about right now. Although it’s not Disney originals, I’m still pretty excited that Disney made the live-action film.
I have been wanting to see The Nutcracker and the Four Realms ever since I saw the teaser trailer. I do not know the real story of the Nutcracker but I did watch the Barbie version of the story. The first ever Barbie film is Barbie in the Nutcracker (2001) and I love every single about it. The animation, the story, the songs, the dance, everything. I knew the original story is called The Nutcracker and the Mouse King. If I am not mistaken, it is based on a storybook. There are several adaptations, though I don’t see all of those versions, I do love Barbie in the Nutcracker. Now, it is very exciting to see the live-action. I was so excited to see the live action version. Moreover, Mackenzie Foy played the role of Clara, which made got me more double excited.
All I know about The Nutcracker story is from Barbie in the Nutcracker. Anything else than that, I know nothing. I do not know about the Sugarplum Princess. I do not know whether they actually have fairies or not. I do not know anything about the Mouse King—except, as I said, from Barbie film. I don’t know about the original story but from Barbie film, The Nutcracker is actually the Prince who was turned into a nutcracker by the Mouse King. However, in this film, the origins of the Nutcracker is unknown. In fact, he does not look anything like a nutcracker, except for the outfit. I wonder if my definition of a nutcracker is wrong, but I am pretty sure a nutcracker does not look very much human. However, that being said, I still like the overall story of the film.
“It’s Christmas Eve. A time of mystery, expectations, who knows what might happen?” – Drosselmeyer
Clara is definitely the main character and the Nutcracker—well, I don’t even know why they named the title with Nutcracker when I thought the Nutcracker does not take a lot of roles. Yes, he did some things that helped Clara but nothing really captivating. I love that Mackenzie Foy played the role of Clara. She really fits the role and I do like her. Of course, like all others, I knew her from Twilight: Breaking Dawn – Part 1 (2011) and Twilight: Breaking Dawn – Part 2 (2012). She has definitely grown into a very beautiful young girl. She was born and raised in the US, so she definitely has an American accent. However, in this film, she used a British accent. English is not my mother tongue, so I can’t really judge if she spoke a perfect British accent or not. But, as far as I could hear, her accent is pretty good. Her acting skill is also very good and Mackenzie Foy has portrayed the role of Clara with flying colours.
I have seen many Keira Knightley films. From Pirates of the Caribbean: The Curse of the Black Pearl (2003) to Pirates of the Caribbean: At World’s End (2007). From Pride and Prejudice (2005) to The Duchess (2008). From Anna Karenina (2012) to The Imitation Game (2014). Not that she is my favourite actress or something, but it’s just a coincidence that I watched her films. I knew the way she talks or smirks or anything. However, this is the first time I heard Keira Knightley talked with a unique voice that is so unlike her at all. She played the role of the Sugarplum Fairy and done well. It is no surprise since she is an Oscar nominee after all.
As I have said before, I knew that Nutcracker is supposed to be a wooden doll or in this story, he is supposed to be a prince that was cursed into a nutcracker. Jayden Fowora-Knight played his part beautifully. Unfortunately his makeup doesn’t look like he is a nutcracker except for the costume. That is why I do not really understand the need of nutcracker in this film.
It is exciting to see Helen Mirren joined the cast as Mother Ginger and Morgan Freeman as Drosselmeyer. Having two Oscar winners in a film and one Oscar nominee is rather great. You knew that the film will be a good one. At least the actors’ and the actresses’ capability must not be doubted anymore. Plus this a Disney film, how exciting it could be? You know I am.
The story is rather simple and at some points kind of predictable. It is a family film nonetheless. However, what I really like about this film is the setting and the costumes. Everything looks very beautiful. They are all exquisitely done. Like seriously. For story, The Nutcracker and the Four Realms provides an adequate one. It is good but not something that really caught my breath. However, the visual did. The visual is a treat to one’s eyes.
The CGI is perfectly done too. I have no idea which one is computer or green screen and which one is not. Everything looks astonishing. I also like every of Clara’s costume. Not that I could wear all of them in real life, at least not during normal event unless I am in some sort of costume party. However, I would like to wear one or two of Clara’s dress. Not only we have to praise the editors of the film and the costume designers, but we also have to praise the makeup artists. What they have done with the actors and actresses were just awesome and stunning. They really put a lot in it.
All in all, The Nutcracker and the Four Realms is a good film. It is enjoyable in some sort of ways. Not so many actions but enough for you to have fun when you saw the film. The actors and the actresses have done really well with their roles. While the story is enough to entertain you, it is the visual that will satisfy your eyes. The visual is very eye-pleasing. I don’t know why they chose this month as its released date, but I think this film is very suited for Christmas. It feels so Christmas-y. Nonetheless, I still enjoy the film. I know most people may not, but I kind of like it and enjoy watching it.
In summary, I give The Nutcracker and the Four Realms 8 out of 10 stars.
Posted in Film ReviewsTagged Adventure, Disney, Disney Movie, Family, Fantasy, Film, Film Review, Movie, Movie Review, Review
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1 thought on “The Nutcracker and the Four Realms (2018) | Film Review”
Fantastic Beasts: The Crimes of Grindelwald (2018) | Film Review – Brenda Rochelle's Neverland 24 November 201810:46 pm Reply
[…] Fallout (2018) to Jurassic World: Fallen Kingdom (2018) to Christopher Robin (2018) and The Nutcracker and the Four Realms (2018). However, I must admit, of all the most awaited films, the one that is on top of my list […]
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AAS Talk
I suspect this is finally the last post relating to the AAS meeting, but I wanted to share the slides from my talk last Friday. Please note that these results are officially provisional! Talks at the AAS are just 5 minutes long (with so many astronomers it’s hard to find space) and I was definitely pushing my luck cramming this much in. As you’ll see, I’m not really one for lots of words on slides so I’ll write a brief commentary between them.
Obligatory title slide complete with names. Sorry Anze for missing out the Berkeley logo.
Pretty Sloan galaxies in need of classification; there were then a couple of slides showing the site design which I’ll presume you’re familiar with.
The picture is from BBC News ‘most emailed’. People seemed to find our competing articles funny.
Note that the first six hours showed nothing (as the server had melted). There was then a slide about the weightings, which Anze has already blogged about.
Look, it works!
The last sentence means that the result was statistically significant, although we now know that’s down to human bias and not the Universe.
I’m still very excited about getting observing time.
and about the blue ellipticals. The Milky Way forms stars at a rate of about 1 solar mass per year, so these things are really going some.
The next few slides have the provisional version on Steven’s results. This shows the fraction of galaxies which are elliptical at a range of densities, from the middle of nowhere on the left to the centre of galaxy clusters on the right.
Same thing, but showing red galaxies as well as ellipticals. People are surprised to be reminded that red doesn’t necessarily mean elliptical.
And the same thing, but for blue ellipticals and red spirals. It’s particularly interesting that red spirals seem to prefer a particular density.
And that’s it. There were some positive questions, mostly about future plans, and then it was on to the next talk.
All slides are copyright the Galaxy Zoo team and shouldn’t be used without permission.
7 responses to “AAS Talk”
Bill G. says : January 18, 2008 at 9:19 pm
Do you have any idea how many of the people who’ve participated in this effort have some amount of formal training in astronomy?
Steven says : January 21, 2008 at 6:16 pm
I don’t think we know, but certainly not many. Jordan is undertaking a study on Galaxy Zoo classifiers’ motivations, which may give a more accurate idea on this.
Bill G says : January 22, 2008 at 4:04 pm
Where would I find that study? I’d like to contribute to it. (My reason for asking is because I am one of those people with a formal background.)
The web address for the project is given away by the banner at the top of the page 😉 : http://www.galaxyzoo.org
Note that astronomy training will be an advantage, but doesn’t actually help all that much overall. Telling a spiral apart from an elliptical is fairly straightforward. The power of Galaxy Zoo comes from the shear number of participants, who all pass a tutorial test first, which turns out to be more important than their individual backgrounds. Anyway, most of our classifiers do a very good job.
If you are just starting out helping us, you may like to wait a little while for the launch of Galaxy Zoo 2, which will aim to obtain more detailed morphological classifications. Then a bit more prior knowledge may be a greater asset. However, we are trying to design the site so that people with all levels of experience can contribute equally.
Chris says : January 22, 2008 at 4:42 pm
I think Bill was asking for the motivation study; there will be two stages. First, a random selection of interviews and second a questionnaire which anyone can complete.
Thank you Chris. You’re right. I was wondering about the motivation study. I’ve been participating in the galaxy classification study for some time now.
Steven says : January 22, 2008 at 10:08 pm
Sorry about that – I obviously didn’t read my own reply to your first question!
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Anne Frank Remembered by Miep Gies and Alison Leslie Gold
December 16, 2010 November 29, 2010 - Michelle
So much has been written about Anne Frank and her two years hidden in the Secret Annex during World War II, but little has been written about the woman who hid the family, Miep Gies. Anne Frank Remembered, by Miep Gies and Alison Leslie Gold, tells the story of the woman who not only helped the family to survive in hiding, but was also the person who discovered Anne’s diary after the family was arrested.
The book begins with Miep’s own desperate childhood in Vienna during World War I and how she was sent to the Netherlands with many other Viennesse children in order to live with families who could temporarily take care of them. Years later, Miep decides to stay in Amsterdam after accepting a secretarial job with a company who produced kits so women could make jellies and jams from the comfort of their home – her new boss was a man named Otto Frank. Her recollections of meeting his family, especially Anne, are charming and the long friendship she shared with the Frank family is vividly recalled.
The book follows the progression of World War II and the eventual occupation of the Netherlands. Even though this story is one that has been written about frequently, Miep’s first hand account of the lives of the Frank’s and their friends is an invaluable historical story. The co-author, Alison Leslie Gold, wanted to capture Ms. Gies and her husband’s own thoughts and remembrances – the first edition of the book was published when Ms. Gies was nearly 80 years old. She died this past January at the age of 100.
Posted in Books, Staff Picks - Tagged holocaust, memoir, The Netherlands, World War II
The Secrets of People Who Never Get Sick by Gene Stone
One thought on “Anne Frank Remembered by Miep Gies and Alison Leslie Gold”
Phyllis Johnson
I am an author of a poetry book based on Anne’s diary, Being Frank with Anne. In my journey with this book, I had it reviewed by Buddy Elias, Anne’s first cousin and I actually got a copy signed by Miep Gies before she passed away at age 100. When I received the book in an envelope from the Netherlands, I ripped into it. I had contacted her by email and was greatly surprised when she answered back, asking for a copy of the book and the CD of the abridged version. I sent her 3 books, one of which she signed and sent back to me. What an honor to have come in contact with this brave woman. I also contacted Meredith Bernstein, the agent ot Anne Frank Remembered, and she was interested in my book, asking for a copy as well. Anne Frank Remembered is a great book and based on a subject that is very dear to my heart as well.
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