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Ex-Fianna Fáil TD dodges jail - but judge says he led court on "merry dance"

The former junior minister paid a debt he owed for more than three years – but came in for criticism from the presiding judge.

DISGRACED FORMER POLITICIAN Ivor Callely has dodged another stint in jail after finally settling a long-running debt.

The ex-Fianna Fáil minister has paid €1,755 he owed for more than three years to an accountancy firm but Judge Michael Coghlan said today he led a “merry dance” over seven court appearances to resolve the debt.

He ordered him to pay an additional €1,750 in costs arising out of the action which came close to seeing Callely being put behind bars again.

Finalising the case, the judge strenuously warned he would not wait another four years for him to pay the outstanding legal fees.

Callely (58) of St Lawrence’s Road, Clontarf, was jailed for five months in 2014 for using false invoices to claim expenses €4,207.45 at Leinster House between November 2007 and December 2009 while he was a member of the Seanad.

A bench warrant for his arrest was issued on May 17 by Dublin District Court in an unrelated case. These proceedings, which ended today, resulted from his failure to comply with terms of a 2013 district court judgement compelling him to pay a €1,755 debt or face jail.

The former minister of State owed the money to Galway based accountants Gallagher & Company who had previously asked the court to issue a committal order.

Callely had been warned by the judge that he was facing jail and had been also ordered to give a “root and branch” account of his finances.

‘Substantive debt’ 

Today, Karl Moran BL for Callely told the court that the “substantive debt” of €1,755 had been discharged by his client to the accountancy firm.

Solicitor for Gallagher & Company, Mark Newman said it had been “in part discharged” but the outstanding €150 had not been paid.

This cost was a result of expenses from hiring a private investigator in April to establish the whereabouts of Callely who also spends time in Northern Ireland and also has an address at Howth Road, Killester, Dublin 3.

Judge Michael Coghlan asked both sides to address the issue of costs. Mr Moran said his client was in a difficult position regarding paying costs as €1,600 was being sought.

Judge Coghlan said this matter had “a certain history” which ran back to 2013 and there had been “numerous appearances” in court

“Mr Callely is under extreme financial pressure and the substantive debt has been paid and he had to get a loan to pay that off. I’m asking for a maximum amount of time to discharge the costs,” said Mr Moran.

The judge said he anticipated three to four weeks to bring the matter to a close but counsel for Callely said his client “was anxious” for the matter to be finalised.

Judge Coghlan then said he would not wait another four years for the matter to be concluded. Mr Newman said it dated back to June 2013 when an instalment order was originally made.

He reminded the court how Mr Callely had “frustrated matters” since then with seven court appearances to date.

Mr Moran then told the court a breakdown of costs had not been furnished to them.

“My client couldn’t be expected to discharge those fees until there is a breakdown,” said counsel.

“You appreciate the history of the matters. There have been a number of occasions that your client was in court and he was reminded that a consent order was put in place. In short a merry dance was being led,” said the judge.

Adjourned 

Judge Coghlan then said he would adjourn matters for a month as he did not want to be put in the “invidious position of measuring costs”.

Mr Moran said his client wished to agree the amount sought from the plaintiff and the court rose to allow both parties agree a figure for costs.

A costs figure of €1,750 was then agreed by both parties which included the outstanding amount of €150, the expense from hiring a private investigator.

“My client has instructed me that he is under severe financial pressure and perhaps the court could fix an amount of time it sees fit in the circumstances,” said counsel.

Mr Newman then suggested to the court that a week would be an appropriate amount of time to discharge the costs. However counsel for Mr Callely said there was “no reality” in his client being able to pay in that time.

Judge Coghlan told counsel that the former politician “does not get that latitude” and made an order that the costs be paid within thirty days.

“There is liberty to apply on default and the €150 by way of expenses for a private investigator is to be rolled up in those costs,” said the judge.

‘Reasonable living’ 

At a previous stage, former TD and senator Callely, who claims he needs €2,500 a month “for a reasonable living”, had said he had done his best to contact the creditor about the debt.

In evidence Callely had also said he has an income of €7,683 a month. He claimed he pays €4,800 a month on a lease for a commercial property in Dublin which he lets out but he explained it was difficult to find tenants able to afford the rent.

However, in April, Judge Michael Coghlan had given a formal warning that he was in contempt of court orders and was facing jail.

The judge had also said earlier he was not impressed with his evidence and wanted to see proof of his income and expenditure.

Callely failed to turn up to his next hearing on May 17 and a warrant was issued for his arrest. The warrant was executed on May 25 when he met gardaí by arrangement and had a doctor’s note to explain why he had missed court.

Read: Judge orders the arrest of ex-Fianna Fáil TD Ivor Callely

Read: Ex-junior minister Ivor Callely will not have to go back to prison

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    Mute Matt Donovan
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    Nov 9th 2012, 11:57 AM

    I’m so broke that when I get mugged by junkies they call it practice

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    Mute Eileen Gabbett
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    Nov 9th 2012, 11:50 AM

    Savings ? All I can do is spell the word any more . I have no savings left and no way of saving either. Very insecure feeling .

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    Mute Pippa Maloney
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    Nov 9th 2012, 12:29 PM

    I feel the same as you. Never before have we had so little money. Two young children. Savings what are they ? Feeling very down about the whole situation and can not see a way out of it. God only knows what the budget holds. We will be even worse off if that is at all possible.

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    Mute Eileen Gabbett
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    Nov 9th 2012, 12:40 PM

    Pippa
    I have a son just started College , one in 5th class , and bills just mounting up . I was never so badly off. BUT I think we have to try and remain positive ,in so far as we have our kids . They do not ”need” all that they ”want” and we can explain that to them … I reckon things have to become simpler and less commercial. We have decided that we will spend time together at Christmas with family instead of presents , My older children will be coming home for Christmas. . I do not use the Heating (Gas) as much . I light the fire in the evening ! wear a warm fleece during the day and go to bed earlier…
    Chin up girl :)
    We are all in the same boat and do not for one minute feel ashamed . It is the shower of liars in government who should be ashamed .

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    Mute Justin Gillespie
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    Nov 9th 2012, 2:59 PM

    Eileen I’m in the same boat but I refuse to let things get me down. It’s not easy but I just will not do it.
    Look a lack of 24 hour central heating, foreign holidays & Sky didn’t kill our parents & it won’t kill us. In fact in a funny way it has brought the family closer together & when things do improve, as they will we will all be the wiser for it
    Keep the faith!!!

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    Mute Eileen Gabbett
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    Nov 9th 2012, 3:19 PM

    Justin Gillespie
    Thanks for that ,I was talking to friends of mine recently and we decided that we are not going to hide the fact that we are broke -short of money- any more . We are doing the best we can do . There is money in this country ,and we are all in the same boat. :) There is no shame in working hard and being paid a pittance . altho in my case I am on a pension .

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    Mute Pippa Maloney
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    Nov 9th 2012, 3:43 PM

    Eileen,
    Thanks for your encouragement.

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    Mute Justin Gillespie
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    Nov 9th 2012, 4:52 PM

    There is no shame in poverty, but it is a terrible inconvenience!!!!!!!!!

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    Mute Eileen Gabbett
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    Nov 9th 2012, 5:08 PM

    I remember when we were kids my mother knit , She would rip out jumpers that had we had grown too big for and reknit them into hats gloves and scarves. Bigger jumpers were knit into smaller jumpers and she made our clothes too as she was a skilled dress maker . It is amazing how much we take for granted . Just saying :)

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    Mute Mark Maguire
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    Nov 9th 2012, 5:57 PM

    Consider investing instead of saving. it can be done with a small amount, its not just for the wealthy. Saving with banks is a joke, your money only makes the banks money. Get “investing for dummies” as a start. Very easy to read and follow and it might just make you think differently about your hard earned

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    Mute Eileen Gabbett
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    Nov 9th 2012, 6:10 PM

    Mark
    Are you serious ? Did you even Read our comments ? We do NOT have any spare cash ….
    Nil , Nada, Nothing !

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    Mute Mark Maguire
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    Nov 9th 2012, 7:17 PM

    Eileen go easy. I posted the comment for all to see, as a helpful suggestion. I hope your situation changes for the better.

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    Mute Eileen Gabbett
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    Nov 9th 2012, 7:25 PM

    Mark
    … and all of us were only saying how tough things have become . EMPATHY . Look it up in a dictionary

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    Mute Mark Maguire
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    Nov 9th 2012, 7:49 PM

    Eileen, I’m currently working off the Chinese coast, 10 hours a day, 7 days a week in order to pay my bills and pay off the debts from going to college, twice. I havnt seen my family in 77 days and won’t for another 23. Empathy! Useless. Hard work and perseverance are all that will do here

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    Mute Eileen Gabbett
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    Nov 9th 2012, 8:24 PM

    Mark
    Don’t knock it
    I worked on one occasion 21 x 12 hr shift days straight and if I took a day off I was fined . Other times it was 7 /8/ 9 days straight . I know what it is to work hard and to have to work hard. I miss work , and I have not been able to wrk in nearly 7 years since I was ill health retired. I earned great money and I was never short of a rattle in my purse . But I became ill , developed a condition and can not work now.
    Enjoy , as far as you can what you do . It sounds to me it can be interesting. Best of luck.

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    Mute Eileen Gabbett
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    Nov 10th 2012, 4:59 PM

    Andrew
    If only that is always the case . I agree on the savings and the health aspects of keeping fit and having regular exercise etc , keeps weight down etc etc . I cycled into work for years and years . So keep up the good work and if you are fortunate , it will stand to you in later life :) \ /

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    Mute David Dolan
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    Nov 9th 2012, 12:01 PM

    Are they thinking we are spending less so we must be saving. I don’t know about the rest of you but I spend all I have and if the fact I have less to spend I can do little about that. I would love to contribute to society more by spending more however this is not possible. All my income goes on mortgage ESB gas and just staying alive.

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    Mute eireisfnucked
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    Nov 9th 2012, 1:15 PM

    had to listen to a friend whinge about having no savings the other day while she was puffing on a fag. 20cigarettes a day she smokes but her poor four year old son is growing out of his clothes and she has no money. priorities peeps

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    Mute Eileen Gabbett
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    Nov 9th 2012, 12:04 PM

    Same here David , I am not being negative just honest .

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    Mute Bernadette Dunne
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    Nov 9th 2012, 12:17 PM

    Where and who are the people whose able to spend more?? Young families are STRUGGLING to stay on top of bills and Christmas with young children will be extra hard for them… Savings well if you can save well done you but most of us have had to break into our savings just to food on the table and pat the electric bill to put it there. Saving us a luxury that most of us by now and struggling to hold on to some dignity.And them they come out within dribble and make us feel more inadequate about where have we gone wrong… Well I did not go wrong I did not over borrow I do not over indulge in big cars or big home I bought my own home for the security for my family and the security in my old age but now my home is nit my own anymore since I am being forced to pay a rent on it
    I wish that some if these reports would come and walk in my shoes

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    Mute Andrew Telford
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    Nov 9th 2012, 11:57 AM

    Savings and disposable income up…. There’s got to be a negitive side to that. Just let me try and think of one.

    That’s bad because of the… uhh recessionay… immigration.. trend towards… banker over compensation in the german…banking….bank of TD Allowences.

    Yes, yes… that’ll work. Either way it’s bad, BAD, BAD for the ordinary Irish public like me, who are struggling to buy Tayto and hunkering down in the basement just waiting for the world to end.

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    Mute Simon Barnes
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    Nov 9th 2012, 12:05 PM

    Dude .. you forgot the most important one BONDHOLDERS.. muwhahahahahah..

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    Mute Andrew Telford
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    Nov 9th 2012, 12:12 PM

    Touche

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    Mute Lamb
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    Nov 10th 2012, 7:17 AM

    I thought savings around also have increased as people save to emigrate and disposable online might have increased as older families have fewer mouths to feed owing to the same thing

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    Mute ƒR()§†H@X
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    Nov 9th 2012, 12:42 PM

    What I don’t get is one week the Credit Unions are saying 1.8m people have less than e100 a month to spend and another week the CSO saying we’re saving more.
    All I know is generally people are only living hand to mouth and they’ll take more off us next month.

    Does the government not get that taking more money off us is only making the while thing worse? If people can’t pay property tax and water they won’t. The people that can barely pay it will throw out Sky or some other luxury having a knock on affect on jobs in that sector.

    Mind boggles..

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    Mute Andrew Telford
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    Nov 9th 2012, 1:06 PM

    The CSO looks raw statistical data on income, total net spending, disposable income based on cost of living expenses, total consumer debt etc…

    The Credit Union ASKS people, often over a phone survey, how much money do they THINK they have left over at the end of the month……

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    Mute Patrick Lyons
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    Nov 9th 2012, 12:03 PM

    I am sure that lots of people will post negative comments about this. The Irish must be the only people who view good news as bad news.

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    Mute Kerry Blake
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    Nov 9th 2012, 12:37 PM

    Judging from the comments those posting are saying they don’t have the opportunity to save and are struggling to keep things together. Don’t think I’d view those comments as being negative. Just the observation that for many people trying to save is a thing of the past.

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    Mute Patrick Lyons
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    Nov 9th 2012, 12:46 PM

    Kerry, we must look at the wider picture. An improvement will not affect everybody at exactly the same time. I am happy if my neighbour’s situation is improving – I know that my time will come. Wishing for something that you do not have causes unhappiness. If we spent more time appreciating what we do have we would be a lot happier.

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    Mute David Dolan
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    Nov 9th 2012, 1:34 PM

    I would agree that I wish my neighbours all the best. However I don’t see any of my neighbours situation improving quite the contrary. I just feel this might be just more spin before a difficult budget. Government saying we are doing better and can afford to pay more when this is not the reality. I love your optimism but refuse to bury my head in the sand.

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    Mute Eileen Gabbett
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    Nov 9th 2012, 3:33 PM

    Patrick Lyons
    Your sneers do nothing to lift my spirit , My neighbours are as broke as I am.
    I have to pay my car tax this month , How ? And I budget ,but my son was ill last week and the doctors bill @ €60 has left me short, That will be coming out of the food bill. I am not entitled to the medical card. I do not begrudge the doctor his money but how is it in the UK people can see their docs for free and get their meds for free ?

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    Mute Patrick Lyons
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    Nov 9th 2012, 4:37 PM

    No sneer intended Eileen. I would like to have a car but I just accept that it is out of the question at the moment. I cycle everywhere and I am happy that I can afford a bicycle. No tax, no petrol, no insurance and no expensive repairs. I am healthier and happier than many car owners. There are many poorer people around the world who could not afford a bicycle. Cars are a relatively new invention – people survived without them before and they can do again. Always look on the bright side!

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    Mute Eileen Gabbett
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    Nov 9th 2012, 5:01 PM

    Patrick
    I can not cycle , I need my car to get around or I would be house bound . If I could get out to cycle I would be very happy . I am not apologising for having a car to aid my mobility ,nor am I asking any one to pay for it . I could do with out the expense to be sure but such is my life . I bought it when I could afford it and paid for it . I had a good job and due to ill health I had to retire I am not yet fifty and I miss work . But my lot is not a bad lot . However I draw the line at having to look at the bigger picture when we ordinary decent working peoiple did nothing wrong .Yet we still have to pay the price . There are swindlers and fraudsters living on 500,000 euros a year . The same people who were meant to be looking after business and retired with these exorbitant pensions. I would have to work 30 years to earn 500,000 euros that they get in one year. There is something wrong with that picture.

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    Mute Andrew Telford
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    Nov 10th 2012, 1:07 PM

    Same as me Patrick… You also got to factor in that cycling will pay dividends later in life when you’re fit and healthy in your 40s… won’t be off work, missing job opportunities and blowing all your €€€ on medical treatment

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    Mute Mary Mc Carthy
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    Nov 9th 2012, 1:02 PM

    I must be living in a different Ireland than the people who complied this report. Savings.?

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    Mute Bryan Rooney
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    Nov 9th 2012, 1:14 PM

    Agree with all of the ‘negative’ posters here. I have less money now than at anytime in my life to spend on anything but bills & trying to stay afloat. A trip to the dentist now would almost be a treat!! I didn’t buy investment properties or holiday homes or buy into the boom in general so as far as the CSO figures go they mean nothing to me – just more spin & manipulating of stats to suit some agenda or other.

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    Mute Mike Hall
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    Nov 9th 2012, 12:42 PM

    A bit of clarity would help people understand this CSO data.

    ‘Savings Up’ in the sense of this report, simply means that total private debt has been reduced – people paying down loans, not piling up money in some savings account.

    And household spending down by €206 million means income & the jobs attached to that are also reduced. So the domestic economy continues to tank. Exactly as we should expect given the economic vandalism being wrought by the top few percent & their useful (and/or well insulated) idiots.

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    Mute Alan Bolger
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    Nov 9th 2012, 3:02 PM

    Saw in the Independent paper this morning Enda Kenny holding another trophy he’d got from Germany. Said he’d taken it for all the Irish citizens who’ve had to put up with austerity the past few years. Now, isn’t that good news, hope that’s cheered everyone up???

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    Mute Jim McGourty
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    Nov 9th 2012, 6:50 PM

    I had savings once! Where are you now, Cyril the Squirrel!?!

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    Mute Ian Walsh
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    Nov 9th 2012, 3:55 PM

    just in time for budget 2013, coincidence? I think not.

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    Mute Resel
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    Nov 9th 2012, 9:26 PM

    Hush…. If the government hears this before budget day.

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    Mute Eoin Sher
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    Nov 10th 2012, 10:35 AM

    The “household” in the term “household savings” is very misleading

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