There is a rigidity and conformity in Irish society that resists change and the creation of intellectual freedom. An octopus-like control stifles development and self-expression at local level and its tendrils reach deep into the heart of government. The resulting failure to create an inclusive, functioning democracy has been criticised by President Michael D Higgins, by former attorney general Peter Sutherland, by historian Diarmaid Ferriter and, most recently, by outgoing Ombudsman Emily O'Reilly. They all agree that power is excessively centralised; that the legal system is not fit for purpose and that a seismic shift in the balance of power between the Executive and parliament is required.
The Government came to power in 2011 promising a "democratic revolution". That hasn't happened. What the late John Healy called "the permanent government" remains firmly in control. Civil service influence extends in unbroken succession to the all-powerful Department of Finance from an inherited British system. Its defining attributes are secrecy, control and a lack of accountability. Scandals, waste and administrative abuses are attributed to "systemic failures". Individuals remain faceless and unaccountable. Politicians have followed suit. Two years ago, Taoiseach Enda Kenny promised to specify, in law, the separate responsibilities of ministers and senior civil servants. The legislation is still awaited.
Both Ms O'Reilly and Mr Sutherland noted a lack of political leadership and of the Courts being inappropriately forced to decide on the values of the Republic. Certainly, political responsibility was abrogated in the past. But the Courts and the judiciary have their own demons to confront. The separation of powers under the Constitution has been used to destructive effect in resisting necessary change. The value of tribunals in rooting out corruption was set at nought when the Supreme Court ruled that while a government could hold them, their findings would be "legally sterile". While the separation of powers is a vital democratic safeguard, a coincidence of responsibilities to the common good should override any competing concerns. Public belief in the legal system's ability to cope with white-collar crime has become as threadbare as its confidence in the political process.
The devolution of power to communities, greater transparency in decision taking and the establishment of effective systems of liability are key elements in a functioning democracy. The new property tax offers an opportunity to reinvigorate local politics and loosen the grip of central government. It should be a first step in addressing weaknesses within the political, legal and administrative systems. Public disputation involving official policy, values and ideology would help in surmounting the expected obstruction from vested interests.
