Individuals powerless against State resources

THE most important issue to emerge from the McDowell v Connolly affair is the powerlessness of individuals against possible abuse of State power.

A minister for justice, with the backing of the cabinet, used his executive power to deprive a person of his livelihood. He was able to do this despite the fact the citizen concerned denied the charge against him by the State, and was not referred to judgment of the judiciary.

The Taoiseach said that if he felt aggrieved, the person involved could himself take legal action. Following this advice would be expensive. However, since he has lost his job, he may not have the money.

The enormous discrepancy between the power and wealth of the two protagonists raises questions about the ability of our institutions to deliver justice and fairness to individuals of whom, for whatever reason, the State decides to make an extra-judicial example.

The State has access to every citizen’s records and can use or abuse them. It also has a multimillion euro PR apparatus for putting its case to the media.

Given the limited resources to which the average individual has access, he or she can be intimidated and marginalised and consequently has little or no defence.

Anthony Leavy

1 Shielmartin Drive

Dublin 13