text:
Port Gamble Bay restoration stuck in dilemma
UPDATE, FEB. 19, 2013
Pope Resources officials have been meeting frantically with legislators and other public officials to find a way out of the dock dilemma. Jon Rose of Olympic Property Group emailed a newsletter today to interested people involved in the Kitsap Forest and Bay Association. In it, he explained the company's position and what is being done to resolve the dilemma:
"Our Kitsap delegation including Congressman Derek Kilmer, Sen. Christine Rolfes, Rep. Drew Hansen, and Rep. Sherry Appleton have all engaged with the Department of Ecology and the Governors' office.
"Additionally, a new DOE director Maia Bellon took office around the same time as the newspaper story broke. She has spent a great deal of time coming up to speed on this project and met last Friday with Pope Resources CEO David Nunes.
"At this point, our suggestion is to stand by and be ready to assist our elected officials when they indicate it is time to do so."
I've copied the newsletter into a PDF document (PDF 78 kb) for those not on the mailing list.
A proposed cleanup and restoration of Port Gamble Bay, worth somewhere in the range of $30 million, seems so close yet so far away this morning.
The site of the former Pope & Talbot sawmill, now a toxic cleanup site. / Washington Department of Ecology Photo
It seems Pope Resources has come to an impasse with the Washington Department of Ecology, not over any aspect of the cleanup or restoration, not over a plan to buy waterfront property, not even over plans to restore the historic company town.
The issue comes down to a couple of docks that nobody wants or needs, as I explain in a story in today's Kitsap Sun. Pope wants to keep the two docks inside the bay until a new one is approved on the site of the old sawmill, just outside the bay. Although the legal aspects are not entirely clear, Jon Rose, who represents the company, told me that the old docks would help preserve legal access to the water, serve as environmental mitigation for the new dock and provide leverage and a backup plan if the new dock is not approved.
If the deal can't be put back together, Ecology will turn and focus on the cleanup by putting together an enforcement order against the company. The restoration plan, which has generated enthusiastic support from all involved, would be abandoned, leaving about $15 million in restoration work on the table.
Most everyone involved — including those representing Pope and Ecology — have expressed disappointment that the parties have come to this impasse over a couple of docks that nobody really wants.
Port Gamble Bay is recognized as important to the overall health of Puget Sound and to marine life around the Kitsap Peninsula. The bay remains one of seven inlets listed as the top priority for cleanup under the Puget Sound Initiative. That's why nobody wants to believe a deal cannot be struck.
Someone may have a real answer, but all I can see is that we need to find a way to jump to the endgame, something akin to traveling in a time machine. If everyone could agree to a dock that would meet the town's needs without causing environmental harm and if the permits could be obtained practically overnight, then everything would be fine. But, of course, those two "ifs" are central to the problem.
It reminds me of the impasse in Congress over the federal budget. Both sides are well-meaning. Both sides want to get things done. But they can't seem to find a pathway to agreement without compromising their fundamental principles.
February 13, 2013 Business and industry, Hood Canal, Land use, Planning, Pollution and spills, Sediments, Shorelines, TribesPope Resources, Port Gamble, Port Gamble Bay, toxic cleanup site, Washington Department of Ecology
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One thought on "Port Gamble Bay restoration stuck in dilemma"
cdunagan says:


When everything you have – reputation, livelihood and even the roof over your family's head – rides on your consulting practice, it pays to reduce your risks.
The exciting transition from employee to independent consultant opens new opportunities, independence and control over your working future, but it is a daunting journey with new risks, signing contracts, personal accountability and personal liability. Insurance is a key pillar of risk management, allowing a consultant to transfer their risk from a personal liability to their insurer. In addition to your own protection, it is common for insurance to be a commercial requirement. In an increasingly litigious society, many businesses are staunch in their insurance requirements for all third parties they engage, and will not even allow you on their site without proof of insurance. For consultants, use of appropriate insurance offers protection to your client. In the event of a claim, you and your client would much prefer an insurer to settle a claim than civil litigation where you could lose your house to pay for the loss you allegedly incurred.
Understanding the priority insurances to consider will assist in best allocating your business's expenditure. Consultants should be aware of two key areas: first and third-party insurance. Third-party insurance indemnifies someone else if you cause them to suffer a loss (for example, through design errors).
Professional indemnity – the key product; your advice or service is your core business and therefore your core risk.
Public liability: required to get on site, for accidental bodily injury or property damage.
First-party insurance indemnifies you against loss of portable property. First-party covers are not usually large or complex because consulting businesses are generally portable and asset-light, but key areas for a consultant to note are laptops, cameras and surveying equipment.
Corporate travel: interstate and overseas; includes medical and luggage.
Workers' compensation: statutory product for injury to employees.
Office insurance: if you have a static location from which you work. Income protection: important because self-employed consultants don't get sick leave.
Simply buying an insurance policy is not adequate and you are at risk of being uninsured; your insurance needs to be tailored.
It is becoming all too easy for a consultant to jump on the internet, label themselves an architect or engineering consultant without full detail of their occupation to obtain a quote for insurance.
Unfortunately, this is a serious trap, because direct, online products are deliberately simplified and designed so that any deemed 'high-risk activity' is excluded in the policy wording. You can never assume that the core activities that make up your role are covered. Review your insurance when your activities change, in particular if you are involved in: Design and construct, or design and manufacture. For example, are you contracted, qualified, or insured for design advice? If not, then you should not be the sole approver of any design variation or you may be working overseas in deemed high-risk industries. You may have a statutory role, for example a management role where you may carry the legal responsibility for the safety and health of contractors on a work site. These are all trigger points where basic 'off the-shelf' insurance products may not offer any cover. Simply buying an insurance policy is not adequate and you are at risk of being uninsured; your insurance needs to be tailored to ensure that your business activities are covered and your assets protected.
Will your professional indemnity insurance offer cover when it counts? This boils down to what you sign. Insurance does not offer cover for any assumed or contractual liabilities where you may sign up to additional risks above and beyond common law provisions. It is important to seek advice and gain some understanding of terms that can create a one-sided contract that disadvantages the consultant such as: You assume all risks and losses, Waiving subrogation rights, Waiving proportionate liability rights, Hold harmless clauses, A failure to limit liability to the actions of the consultant Clauses requiring work to be completed to a 'high' or the 'best' standard Warranty and guarantee clauses.
The implications of such contracts have the potential to be devastating. One consultant whose contract we reviewed was engaged to provide services for a three-month period for $50,000, so believed his liability was limited to that. Actually the clauses in his contract also held him liable for any losses caused by other sub-contractors, and had him agreeing to pay to all losses his client suffered, irrespective of how much of it was his fault. Ensuring your contracts are equitable, and as best you can aligned to your insurance policies, is the best way to keep your personal risk minimised. When reviewing a contract for potential conflicts with insurances, it is always also advisable that the consultant seeks independent legal advice as to the actual interpretation and application of the contract terms.
If you are engaged as a subcontractor to work with your client, never assume their insurance covers you. Their insurance will likely protect them for the work you do on their behalf but it may not cover you personally. The risk is not that you will be sued by the end client (as they will likely engage the principal contractor), but that the principal contractor's insurer will bring you into a claim via a 'subrogation action' where they believe you have contributed to the loss. A common misconception is that if your client does not require you to have insurances this is because you are being protected by their insurance – this is rarely the case. Turning this scenario around, if you need to engage a subcontractor on a large contract or contribute additional services outside of your area of expertise, always be aware of the associated risk. Your contract with your client may require you to guarantee any subcontractors you use have the same level of insurance as you, so it is advisable that you seek evidence of your subcontractor's insurance policies just as you are required to evidence your own.
A good insurance broker should not only arrange appropriate policies to cover your business activities, they should also explain why the insurance is appropriate, understand the key risks to your industry, review your contracts to identify gaps or uninsured risks, and be a trusted adviser to your business.
Your contacts for PI cover at APESMA Insurance and Superannuation Services are Matt Kuc, Greg Hansen and Sara Mithen. As a Professionals Australia member, you can contact them at any stage for an obligation-free quotation, or let them know your renewal date and they'll contact you at the appropriate time to provide you with a quotation.
This advice and comments are provided in the capacity as an insurance broker and should not be construed as legal advice. Separate legal advice relating to the interpretation and implication of this article for your individual circumstances should be obtained.
Matt Kuc is the Manager of Affinity & Schemes with Austbrokers Countrywide. Matt has specialist experience in running large Professional Indemnity Insurance schemes in close relationship with major industry associations. He also has a portfolio of his own clientele. With in excess of 10 years insurance and risk management experience, his key skills are in technical and analytical areas. His particular specialisations are in Professional Indemnity Insurance, Directors and Officers Liability Insurance and IT Liability Insurance. Matt's portfolio includes a large number of IT, Engineering, Accounting and Financial Planning Consultancy businesses. He has Bachelor of Commerce majoring in Management/Finance.


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General tickets go on sale the first week of July. Tickets come with admission to the tournament and one day's general admission to SkillCon (you will be using both on the same day). The competition is going to be an enormous event, however (we weren't kidding about making history). It will take almost the entire day. Fortunately, Lightspeed and SkillCon has arranged for a huge discount for you to make sure you get the most of the entire event. Book your additional day passes at SkillCon.org.
Book accomodations here. This is a SkillCon exclusive deal. If you find better rates for the Rio that weekend, let us know. The Rio will match and exceed it.
Schedule is approximate and subject to change. Note: tournament registration is good for December 15th ONLY. You must purchase an additional day if you want to use the practice area on Friday. Buy them through Lightspeed for a big discount.


text:
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redpajama_set_name: RedPajamaGithub


National Organisation of Nurses and Midwives of Malawi (Nonm) has warned of continued poor service delivery in public hospitals as some of the nurses are no longer interested in working over time.
Nonm Executive Director, Benson Phiri, said this at a two-day workshop which the organisation conducted for journalists in Blantyre this week.
The workshop was aimed at sensitising journalists to the role of Nonm and issues affecting the nursing profession in Malawi.
Phiri said it was not illegal for nurses and midwives to withdraw voluntary services they offer to patients.
The development is coming on the backdrop of reports that the government is not increasing nurses and midwives overtime allowances and that it is not employing more qualified nurses despite that there are over 2,000 of them staying idle.
The nurses get between K3, 200 and K3, 600 per day as overtime allowances and Nonm, which is a body for nurses in the country, has been fighting for an increase.
"What we want is that the government should increase the allowances from K3,200 to K10,000 per day and from K3, 600 to K15,000 per day. Otherwise, the nurses are not interested in working overtime. People should not call this a strike, nurses just want to work normal hours as prescribed by the labour laws," he said.
According to Malawi Labour Laws, an employee is supposed to work 8.5 hours a day but, according to Phiri, some nurses work up to 17 hours without rest.
He said there is an acute shortage of nurses and midwives in public hospitals and yet there are over 2,000 qualified nurses who are unemployed.
"If this problem is not solved soon almost all the hospitals will be operating using skeleton staff. The trend will soon reach critical levels," he said.
Phiri said because the nurses operate under strenuous conditions they are deemed as rude and unhelpful or some times they commit mistakes which lead to unfair disciplinary action by Nurses Council.
"If you closely follow the working conditions of nurses, you would understand why they make mistakes. They don't rest and you expect them to work with utmost diligence," he said.
Ministry of Health spokesperson, Joshua Malango, said the government was conducting interviews to recruit and promote nurses and midwives through Local Government Service Commission and they will be employed by April 1 2019.
He said it was the duty of the Local Government Ministry to employ nurses and midwives in district hospitals because of the decentralisation programme while the Health Ministry is responsible for recruiting nurses in central hospitals.
"They are recruiting nurses according to the needs of district hospitals. Come April 1, we will have additional staff in the hospitals," he said.
Malango said there was a taskforce which is reviewing allowances for the nurses and midwives.
"But the new allowances can only be incorporated in the new budget which becomes effective on July 1 2019," he said.
Nonm, which was founded in 1979, is an independent professional organisation which represents nurses and midwives in Malawi.


Narendra Kumar Burnwal is living in India. Narendra Kumar Burnwal is part of our authors community since September 26, 2013 and has published 35 posts.
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text:
50 años después Tour fue una gira mundial del cantante español Raphael, donde hace recopilaciones de sus canciones "joyas de su corona" y realiza duetos con varios artistas como Juanes, Paloma San Basilio, José Luis Perales y David Bisbal, entre otros.

Equipo de trabajo (músicos)
 Director/Pianista: Juan Coacci
 Batería: Poyato Stradman
 Bajo: Dani Casielles Suárez
 Guitarra: Mark Gregory Carrero Duque
 Percusión: Daniel J. Santos Navarro
 Trompeta: Jonathan Badici
 Saxofón: Iñaki Arakistain
 Trombón: Antonio Molina Sanpedro

Las canciones
Cantares
Aunque la letra no es toda del poeta sevillano Antonio Machado, sí son tres estrofas (de "Proverbios y cantares"). El resto, y la música la escribió Joan Manuel Serrat, quien la publicó en el LP "Dedicado a Antonio Machado, Poeta" (1969). Es el tema con el que se abre el álbum y también es la canción que inicia el repertorio de la nueva gira.

La fuerza del corazón
Una canción de 1995 publicada en el CD de Alejandro Sanz, 3.

50 años después
Es la visión que, como espectador, tiene Joaquín Sabina de Raphael.

Escándalo
Es un dúo entre David Bisbal y Raphael del tema escrito por Willy Chirino.

Volverte a ver
Segundo sencillo del cantautor colombiano Juanes para su disco Mi sangre, esta vez, Raphael hace dúo con Juanes en esta canción.

"Can't Take My Eyes Off You"
La escribieron Bob Crewe y Bob Gaudio, y fue sencillo en 1967 de Frankie Valli, quien la situó en el número 2 del Billboard americano. Con los años se han grabado muchas versiones, y algunas de ellas han vuelto a aparecer en los primeros puestos de superventas. En esta ocasión Raphael la canta acompañado de Alaska. La canción sirvió como base del anuncio de la programación navideña de TVE (diciembre de 2008).

Infinito
Un tema de Enrique Bunbury.

Hijo de la luna
Compuesta y producida por José María Cano. Fue escrita y publicada en 1986, originalmente para que la cantase Isabel Pantoja, quien rechazó la maqueta preliminar -grabada en la voz de Mecano, encabezada por Ana Torroja- ya que Isabel la consideró demasiado "folclórica" para el estilo de canciones que ella estaba buscando hacer para ese momento. Luego de esto, la canción fue incorporada para formar parte del repertorio del álbum de Mecano "Entre el cielo y el suelo" (1986).

Como yo te amo
Originalmente publicada por Raphael en 1980 en el LP "Y... sigo mi camino", tan solo unos meses antes, Rocío Jurado había grabado este tema de Manuel Alejandro. En el caso de Raphael, su versión disparó las ventas de este LP; por ejemplo, en México fue doble Disco de Oro, y estuvo meses en los rankings de audiencia. Como resultado, la versión de Raphael logró eclipsar a la de Rocío Jurado. Desde su publicación, "Como yo te Amo" ha estado incluida en el repertorio de canciones de los conciertos de Raphael.
En esta ocasión, Raphael y Rocío Jurado, gracias a la tecnología, se unen para cantarlo juntos.

Quiero abrazarte tanto
Un tema de 1970 que Raphael canta con Víctor Manuel y Ana Belén.

Morir de amor
Un tema de la primera etapa de Miguel Bosé, quien lo publicó en 1980 como sencillo extraído de su álbum "Miguel". Canción compuesta por el cantautor español José Luis Perales

Volver, volver
Compuesta por Fernando Z. Maldonado. Raphael interpretó este tema por primera vez, acompañado de mariachi en 1974, en los conciertos del Palacio de la Música de Madrid, y también en su gira por España en el verano de 1976. En este disco la canta a dúo con el mexicano Vicente Fernández.
Este tema, junto con "Adoro" se grabó en México.

Himno de la Alegría (Ode to Joy)
En 1969 Miguel Ríos vendió siete millones de discos de esta pieza compuesta en 1823 por Ludwig van Beethoven, (la melodía procede de la Novena Sinfonía), que en la versión de Miguel, la dirigió Waldo de los Ríos. Éxito en Estados Unidos, Reino Unido, Francia, Alemania, Japón, Suecia, Italia, Austria, Holanda, Canadá, etc.

El cielo puede esperar
Está escrita por Manuel Martos (Mota).

Adoro
Canción de amor de Armando Manzanero, que ha tenido infinidad de versiones.

Como han pasado los años
Es uno de los grandes éxitos de Rocío Dúrcal, compuesto por Rafael Ferro y Roberto Livi. Ya, en 2006 Raphael lo había grabado para el CD "Cerca de ti", y es una de las canciones que acompañó esa gira. Ahora, Rocío también estuvo presente en este disco de duetos, grabando este bolero en una mezcla con la pista de voz de la grabación de Rocío.

Que seas tú
Un tema incluido en el LP "El Golfo". Esta composición de Gilbert Becaud "C'etait moi" adaptada al español, ganó en interpretación, gracias a la potente voz de Raphael, y a los magníficos arreglos y dirección orquestal de Manuel Alejandro.
Aún hay más, si la quieren escuchar en inglés también se encuentra en el repertorio del "Live at the Talk of the Town".
Hoy, Raphael vuelve a grabar este tema junto a Paloma San Basilio.

Mi gran noche (Tenez-vous bien)
Dueto de "Mi gran noche" (Tenez-Vous bien) de Salvatore Adamo. Tema legendario en la carrera de Raphael, con una letra especialmente escrita para él. Ya en 2006, y en directo, Raphael y Adamo cantaron juntos este tema, en TVE, y en 2008 la grabaron juntos para este álbum, utilizando la letra ya conocida de Raphael.

A mi manera (My Way)
"My Way" (A mi manera) es una balada pop escrita por Fred Brott, cuya adaptación al idioma inglés fue realizada por Paul Anka, de la canción francesa Comme d'habitude, escrita por Claude François y Jacques Revaux con letras en francés por Claude François y Gilles Thibaut. La versión en inglés solo mantiene la melodía de la canción, no así la letra que fue re-escrita y es totalmente diferente de la original. La versión en español que canta Raphael tiene un texto similar al inglés. Raphael canta a dúo con Paul Anka.

América y homenaje a Violeta Parra
Tema deAmérica de 1991 escrito por José Luis Perales, que Raphael ya grabó para el CD "Ave Fénix". Raphael realizó una homenaje a la folclorista chilena Violeta Parra, cantando su conocida canción Gracias a la Vida, además de eso, se presentó en el Estadio Floresta, en San Miguel de Tucumán, para homenajear a la cantora argentina Mercedes Sosa.

Fechas de la gira

Referencias

Giras musicales de Raphael

redpajama_set_name: RedPajamaWikipedia


The sturdy, robust, and compact Norwich Terrier is an alert and enthusiastic breed that could sometimes look bewildered. This breed has erect ears, adding to a more alert appearance. This small dog weighs around 11-15 pounds and reaches between 8-10 inches tall.
The straight, hard, and wiry coat of the Norwich Terrier reach around 1-2 inches long. Their low-lying fur is longer on their neck and shoulders, along with short and smooth whiskers and eyebrows. The coat of this breed comes in red or brown colors. Some colors exist, too, including black and gray.
The Norwich Terrier is relatively energetic. They love going for walks or playing ball with their families. With their thick coat, they will be able to tolerate all kinds of weather. This breed enjoys digging holes, and owners should, therefore, be watchful of this trait. These dogs will generally do well in apartment dwelling for as long as they get to go outside for exercise.
With small yet hardy personality, the Norwich Terrier is remarkably intelligent, courageous, and affectionate. They are assertive, but will not typically show aggressive behavior. These active terriers are energetic and thrive on an active lifestyle. They are known to be eager to please, yet will definitely have minds of their own. Aside from an active life, they also thrive on the companionship of their owners. So, these terriers should never be kept in a kennel. These small dogs are great with children, but will only get along with other animals provided that they were previously introduced.
As most terriers were primarily bred to hunt a particular animal, the Norwich Terrier is no different. In fact, they were created to hunt rodents, and small creatures as their size will be too small to go for anything larger.
In terms of grooming, the Norwich Terrier should be combed and brushed daily. A great deal of clipping will not be required, though. They are very light shedders, and bathing should only be done when necessary with a dry shampoo.
The undercoat of this breed is of utmost important to care for, and should ideally be brushed with steel comb once every week to remove dead hair and prevent matting. Their coats must also be stripped twice a year, ideally in the autumn and spring.
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The Norwich Terrier is a little dog with a remarkable instinct of knowing what's going on. They particularly love to be the center of everything, and will generally get along with other pets once introduced, and even love playing with children.
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The Parthenon Studios are located in Kolymbia beach area, about 1.5 km from the beach, where all kinds of water sports activities are available and only a few hundred meters from the local restaurants, Taverns and supermarkets. The bus stop to all destinations of the island is right outside of the premises. Rhodes town is 23 km away, Lindos 25 and the airport 21 km away.
The studios are comfortably furnished and most of them offer a nice view of the sea. All studios have a balcony and there is a large and nicely landscaped garden that surrounds the entire building which consists of only 12 studios. There is also plenty of parking space for your car or motor bike right on the premises.
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I like learning in school because learning makes your brain smart and good education.
What I like to do outside of school is playing with my friends because its not fun being in my house lying down.
I like teaching and learning because when your teaching you might learn new thing also I like learning because learning makes good education.
I love art time because when you are so frustrated you can draw it out so you can refresh your self.
I usually do games or video games or basket ball out the school.
I like learning in school because we get to have awesome and enjoyable education for our brains. The second reason why I like learning in school is because its better than staying home and doing nothing.
What I like about staying outside is that we get to play with our friends and also have some rest tie for our brains.
I like learning because it will make you'r life easier when you grow up.
What I like to do outside of school is to sleep on the sofa wile looking at T.V.
I like math. Math is good for braking time and it is also fun. It is also challenging. I also like art because art can get my stress out when I am mad. But if I failed at my art work it there will be more stress.
I like to play pokemon go with my brother or with my friends after school near the park. I also like to play basket ball with my brothers friends at YCAC.
I like reading long long chapter books because they are hard and I like to do hard things and they are very interesting. I also like playing with my friends because it takes my mind of things and it is fun to be with my friends.
What I like to do outside of the school is that to draw it is fun to draw because it shows what you like or how you feel.
In school I like math .
Out of school I like to play Minecraft.
In school i like Reading and Math.
Out of school i like coding and Video Games.
when i do some gymnastics. other things….i like to do math, PE, art,and musics.
what i like doing out side of the school to listen some music, and play with my friends.
when i listen to music, it makes me calm down and it helps me blew away the bad things and really makes me feel comfortable. and playing with friends makes me feel fun.
other things to do ….
watch tv,make something, play with my dog/cat ,and doing gymnastics.
I like learning maths and P.E. in school.
I also like learning japan and other language outside of school.


What all to enable in "Addon Scripts"?
Discussion in 'Security' started by furquan, May 3, 2010.
I was wondering which of the softwares listed in "Addon Scripts" are safe enough to enable for the users to use. Or is it wise to leave every thing disabled ?
Well, you can't answer this question with 100% confidence. Safe computer is the one, which is turned off and power plug is unplugged from the socket.
It all depends on many factors. I would say most important is how your PHP is configured, do you allow to execute system/shell commands, do you use DSO or suPHP, what is your attitude against safe_mode and other security options. Also your customers should know how to configure some of those applications ( i mean internal functions, e.g. anti-spam things). Those applications are just PHP scripts, probably one of the popular ones or simpliest. That might help your customers at start, especially those with basic knowledge. We do allow several, like wordpress, phpBB3, coppermine, advanced guestbook.
Remember, you of course can run into troubles, but this can happen with any script.
Safe computer is the one, which is turned off and power plug is unplugged from the socket.
Yes i do agree to this, but since i have almost all of them disabled, i thought to take an opinion from the board, as to what all is generally enabled by every one.


Apuestas The Strongest Guabira y pronósticos (Liga de Bolivia, Fútbol) el 7 marzo 2019.
29/07/18 Guabira 0 - 2 The Stro.
26/11/17 Guabira 2 - 0 The Stro.
P 01/03 The S. 2 - 3 Nacio.
G 21/02 The S. 3 - 0 Destr.
G 10/02 The S. 5 - 0 Sport.
E 06/02 The S. 1 - 1 Liber.
G 30/01 The S. 4 - 1 Real .


text:
Giants bullpen coughs it up vs. D'backs
Rare murder plea deal
Homeless camps plan
By Andrew Baggarly and From Medianews Staff | Bay Area News Group
PUBLISHED: April 26, 2009 at 9:00 p.m. | UPDATED: August 15, 2016 at 5:25 p.m.
PHOENIX — Matt Cain pitched seven brilliant innings Sunday afternoon and the Giants positioned him for a victory when Pablo Sandoval hit a tiebreaking, three-run home run in the eighth.
But before anyone could think to rub Cain's ears for good luck, his decision — and a three-game sweep over the Arizona Diamondbacks — tumbled away in the ninth.
Brian Wilson gave up a tying, two-run homer to Justin Upton to send it to extra innings. In the 12th, Conor Jackson hit a bases-loaded single off Justin Miller as the Giants lost 5-4 at Chase Field.
Wilson blew his first save in four chances, allowing hits to three of the first four batters he faced. Upton smoked a low line drive that struck the padding at the top of the left field fence and skipped over.
"You get a game you think is in the bag and it slips away," Wilson said. "It's disheartening."
If the universe favors equilibrium, it owes Cain a lot of the good stuff.
Last season, he was one of 20 major league pitchers to post at least 20 quality starts (minimum of six innings, maximum of three earned runs). Nineteen of those pitchers had a winning record. Cain was 8-14.
He held the Diamondbacks to four hits in seven innings, but his spot led off the eighth and manager Bruce Bochy sent up pinch-hitter Fred Lewis. He doubled and Edgar Renteria walked to set the table for Sandoval, who tied a career high with four hits.
Sandoval, who entered with one RBI and was 3-for-19 with runners in scoring position, hit the first home run by a Giants corner infielder in 130 plate appearances this season. The Giants were the only team in the major leagues that didn't have a home run from its corner infielders.
Cain stood to improve to 3-0. The last time he had three more wins than losses was in September, 2006, when he was 13-10.
Catcher Bengie Molina didn't curse the fates after Wilson blew Cain's decision.
"I hope we don't believe in luck," Molina said. "I hope we go out and make pitches when we have to and let that decide our fate. I believe in the hard work you put in on the field."
While Sandoval provided the big hit, Giants manager Bruce Bochy bemoaned the club's 2-for-15 performance with runners in scoring position. Emmanuel Burriss got picked off in the ninth. Sandoval and Nate Schierholtz hit leadoff doubles in the sixth and seventh but ran themselves into outs. Juan Uribe led off the 12th with a double; the next three hitters failed to advance him.
"Our situational hitting was off today, and our baserunning," Bochy said. "We had chances to put the game away. We didn't execute."
The Giants are operating with an 11-man staff and Bochy seemed determined to stay away from right-hander Merkin Valdez, so Brandon Medders went out for a third inning in the 12th. He issued three walks, one intentional, and Miller fell behind Jackson with no place to put him.
"We're going to have to use Valdie, we know it," said Bochy, adding the club could make a roster move to add a pitcher before it starts a homestand with the Dodgers today.
At least the Giants have to feel good about Cain, who pitched efficiently despite four walks. He threw 103 pitches and has a 2.08 ERA through four impressive starts. He used his breaking ball to throw first-pitch strikes to Arizona's aggressive, fastball-loving lineup.
"The biggest thing is to get ahead and really get them aggressive," Cain said. "We'll go against some good starters in this division and it comes down to you being able to stay in longer."
Wilson was pitching a second consecutive day and threw two innings on Wednesday, but didn't make excuses.
"Fatigue is not something that enters my body," he said. "Just one of those days I couldn't get my fastball in the zone and the slider was breaking out."
Contact Andrew Baggarly at abaggarly@mercurynews.com.
DIAMONDBACKS 5,
GIANTS 4
TODAY: Dodgers (Randy Wolf 1-1) at Giants (Barry Zito 0-2), 7:15 p.m. TV: CSNBA+. Radio: 680-AM
Giants are still bitter about getting swept by the Dodgers in L.A. Page 5
Andrew Baggarly | San Francisco Giants reporter
Andrew Baggarly covers the San Francisco Giants for the Bay Area News Group.
From Medianews Staff

redpajama_set_name: RedPajamaCommonCrawl


It should be fascinating joining Kimono-Wearing program at the hotel you will be staying.
Rihga Hotel Zest Takamatsu and Royal Park Hotel Takamatsu start accommodation plan with Kimono-Wearing taking a cue from increasing foreign tourists. When people who have interest in one of Japanese cultures Kimono book these hotels, they could also get an appointment with Kimono plan. This plan gives you an enjoyable travel with troubles finding drapers.
The cost for accommodation plans with Kimono Wearing start at JPY8500 at Rihga Hotel Zest Takamatsu, and at JPY 17600 at Royal Park Hotel Takamatsu. How about taking this accommodation plan and wearing Kimono at Japanese costume shops. You could take photos and take a walk in the town with JPY 2000 extra. This plan is also very interesting to Japanese guests.


The following are stocks or mutual funds tagged as mba jobs. When researching companies, it is important to know what companies have a similar focus. The stocks below have been categorized as "mba jobs" by either user submission or electronic means.


Akshay Kumar on 9 September 1967 is an Indian film actor, producer, comedian and martial artist who has appeared in over a hundred Hindi films. He has nominated for Filmfare Award several times and won two times.
Made in a budget of Rs. 45 crore, the film has already collected Rs. 48.5 crore in the opening weekend.


Buy a Fearless calligraphy wall scroll here!
Some people may refer to this entry as Fearless Kanji, Fearless Characters, Fearless in Mandarin Chinese, Fearless Characters, Fearless in Chinese Writing, Fearless in Japanese Writing, Fearless in Asian Writing, Fearless Ideograms, Chinese Fearless symbols, Fearless Hieroglyphics, Fearless Glyphs, Fearless in Chinese Letters, Fearless Hanzi, Fearless in Japanese Kanji, Fearless Pictograms, Fearless in the Chinese Written-Language, or Fearless in the Japanese Written-Language.
24 people have searched for Fearless in Chinese or Japanese in the past year.


text:
Namibian NGOs Face Bleak Future
Thursday 21 April, 2016 - 12:28
The categorisation of Namibia as an upper middle-income country has left many orphanages, charities and non-governmental organisations (NGOs) in a state of limbo as donors have gradually withdrawn financial assistance.
This has in turn compelled some organisations to shut their operations, as there no funds to sustain them, leaving vulnerable children and orphans stranded with no place to call home.
Read more about Namibian NGOs Face Bleak Future
Namibian NGOs in Need of Donor Funding
Wednesday 23 March, 2016 - 13:15
According to Lahja Nashuuta, ever since the World Bank elevated Namibia to the upper middle income country status, majority of non-governmental organisations (NGOs) in the country have been struggling to remain afloat as donor funds dry up.
Nashuuta states that since the reclassification of Namibia from the lower-income country to upper–middle income country in July 2009, donors have redirected their funding to country that are classified as more poorer than Namibia, leaving local NGOs in financial squeeze.
Read more about Namibian NGOs in Need of Donor Funding
2016 - Time to Recalibrate, Think!
Friday 4 March, 2016 - 9:18
The nonprofit sector is claiming it is entering another funding crisis yet not defining the root cause or coming up with a plan B or C. A business term for defining a crisis is: "A critical event or point of decision that, if not handled in an appropriate manner (or if not handled at all) may turn into a disaster or catastrophe."
Read more about 2016 - Time to Recalibrate, Think!
Some NGOs Not Sustainable Beyond Donor Funding
Monday 26 October, 2015 - 15:37
Malawi has almost 500 non-governmental organisations - most of which are funded by international donors - but many of these organisations do not work closely with local communities, so when they leave, projects collapse.
After working in the Mulanje district for 15 years, World Vision stopped facilitating a project that provided vulnerable children with school materials and basic healthcare, and the local community with low-cost maize.
Read more about Some NGOs Not Sustainable Beyond Donor Funding
Sustainable Housing Still a Problem: Sisulu
Tuesday 19 May, 2015 - 10:02
Human Settlements Minister, Lindiwe Sisulu, has reiterated that government is building RDP houses for South African citizens and not just for foreign nationals.
Sisulu says housing in South Africa has caused many problems over the years and this been worsened by foreign nationals coming into South Africa and buying RDP houses that are meant for South African citizens at a fraction of the price.
Read more about Sustainable Housing Still a Problem: Sisulu
Masebola Donates to the MRCB
Friday 7 November, 2014 - 15:58
Leading by example, the regional director of education in the Kgatleng District in Botswana, Sir Wonder Masebola, has pledged P5 000 towards the building of five classroom blocks at the Mochudi Resource Centre for the Blind (MRCB).
Masebola notes that the centre's appeal to the Diamond Trading Company (DTC) Botswana bore fruit when the company donated over P1 million.
Read more about Masebola Donates to the MRCB
TAC to Raise R10m to Remain Open
Thursday 30 October, 2014 - 15:49
The Treatment Action Campaign (TAC) plans to raise R10 million in November 2014 to keep the organisation afloat, the organisation is relying on public donations, hoping big funders will then follow.
Mark Heywood, one of TAC's directors states that, "The TAC thinks there is a red light over the country's response to the HIV epidemic," following recent statistics released by the Human Sciences Research Council, which show that in 767 people died each day in South Africa from AIDS related illnesses in 2012, 280,000 in a year.
Read more about TAC to Raise R10m to Remain Open
Sustainability Institute: Operations Administrator - iShack Project
The Sustainability Institute is an international living and learning centre located outside Stellenbosch.The Sustainability Institute provides a space for people to explore an approach to creating a more equitable society that lives in a way that sustains rather than destroys the eco-system within which all society is embedded.
Read more about Sustainability Institute: Operations Administrator - iShack Project
Centre for the Study of Violence and Reconciliation: Senior Psychosocial Professional
Wednesday 9 April, 2014 - 16:37
Centre for the Study of Violence and Reconciliation (CSVR) is an innovator in preventing violence and building peaceful societies. The Centre adopts a multi-disciplinary approach to understand and prevent violence, heal its effects and build sustainable peace locally, continentally and globally.
CSVR seeks to appoint a Senior Psychosocial Professional, based in Johannesburg.
Read more about Centre for the Study of Violence and Reconciliation: Senior Psychosocial Professional
2014 - Financially Astute?
Wednesday 22 January, 2014 - 12:29
The CMDS - a registered practice with the South African Institute of Chartered Accountants which acts as accounting officers for organisations that choose not to have an independent audit - believes that 2014 is a year for leaders of nonprofit organisations (NPO) to become more financially alert and astute and so be more aware of financial dangers and pitfalls as well as new opportunities for broadening income streams and building financial sustainability.
Read more about 2014 - Financially Astute?
intern's blog
CER: Executive Assistant to the Executive Director and Deputy Director
Trialogue : CSI Survery Trialogue Business in Society Handbook
Stronger Together: Project Manager (Gauteng)
Anchor: Head of People
CCI: Request for proposals


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'Once Upon a Time: The Complete Second Season' Announced for Blu-ray
Posted Mon May 13, 2013 at 01:00 PM PDT by Tom Landy
All 22 episodes of ABC's fantasy series will be coming to Blu-ray in August.
In an early announcement to retailers, Disney/Buena Vista will be bringing 'Once Upon a Time: The Complete Second Season' to Blu-ray on August 13.
The curse is broken, magic has arrived, and there's no telling what, or who, will be unleashed. Now the exiled fairytale characters of 'Once Upon a Time' must grapple with a flood of awakened memories as they come to grips with their new "reality." Old loyalties will be tested, new heroes will emerge and vengeful villains will wreak havoc, including ruthless pirate Captain Hook and the relentlessly wicked Queen of Hearts (Barbara Hershey).
Amidst the backdrop of previously unexplored lands and a newly magical Storybrooke, love and sacrifice will set the stage for the ultimate battle between good and evil. For, in the words of Rumplestiltskin, where magic is concerned, only one thing is certain: it always comes at a price. From Storybrooke to Fairy Tale Land and beyond, experience the mystery, romance, action and adventure of 'Once Upon a Time.' Season Two also stars Jamie Chung as Mulan, Julian Morris as Prince Phillip, Lee Arenberg as Grumpy, Sarah Bolger as Princess Aurora, Jorge Garcia as Anton the Giant, Ethan Embry as Owen Flynn, David Anders as Dr. Victor Frankenstein, Alan Dale as King George, Beverley Elliott as Granny, Eion Bailey as Pinnocchio, Raphael Sbarge as Jiminy Cricket and Tony Amendola as Geppetto.
The 5-disc set will feature 1080p video, a DTS-HD Master Audio 5.1 soundtrack, and supplements have yet to be revealed.
Suggested list price for the set is $79.99.
You can find the latest specs for 'Once Upon a Time: The Complete Second Season' linked from our Blu-ray Release Schedule, where it's indexed under August 13.
Once Upon a Time: The Complete Second Season (Blu-ray)
Disney/Buena Vista


text:
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    iconClass = "fa fa-file-text-o";
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export default helper(fileIcon);


This past Saturday morning I had a terrible attitude. We had two sick kids all day Friday whom then decided to stay awake all night Friday night. Since chubs (our infant) is nursing, that meant I spent the night on a hard floor in bruiser's (our toddler's) room.
Additionally, we had guests in town (which we loved seeing), but knew their early morning departure was going to come way too soon. 5am normally isn't a big deal, but I knew it would be brutal without more than about 30min-1 hr of sleep the night before. After getting up and getting our guests on the road, I heard screams. I thought: Is the bruiser waking up again? Nope. This time it was chubs–our infant that my wife Lindsey had been up with most of the night.
I knew the right thing to do, but didn't want to do it. Reluctantly, I went into our bedroom where chubs just finished nursing and told my wife I would take care of him so she could go back to sleep. Grumbling, I went to the living room and tried everything to get him to sleep…but he wasn't about to sleep.
He was ready to PARTY! "Why won't this little (sweet) monster sleep?" I asked myself. I needed 30 min or 1 hour of sleep to get ready for the other two who would soon wake up. Why oh why can't I sleep for at least a few minutes?! Needless to say, that extra bit of sleep wasn't going to happen.
At that moment, I just started taking pictures of the little guy. He started smiling and making faces at me. He started giggling. He climbed all over me. Then, for about 30 seconds to a minute he laid on my chest, snuggled with his special blanket, and patted my back with his tiny hands.
Maybe he sensed I needed it (and I did…).
It was as if God decided to use the soft and tiny hand of this adorable baby boy to remind me: it's going to be okay. God reached into my heart by using my infant son to pat my back.
God met me in a moment of weakness and gave me a reality check through what (ironically) had made me weak in the first place.
Perhaps you can relate. The ways God responds to our selfishness are shocking at first. God often uses the things that scare us, wear us down, or frustrate us to teach us more about himself and about ourselves. Usually we end up seeing His goodness as great and our struggles as shameful.
Needless to say, I had one of the best mornings in my life as chubs and I wrestled on the floor, shared multiple (very brief) hugs where he relaxed on my chest, and heard innumerable giggles and guttural laughs as I tickled him endlessly. What I initially perceived as brutal, God had transformed into the memory of a lifetime.
About an hour or so later, my daughter (the princess) woke up and boy was she ready to have fun! She helped me clean up an automatic-timer-gone-wrong on the coffee pot disaster on the kitchen floor and was excited to go on an adventure with daddy. As we were about to start breakfast, my toddler (the bruiser) woke up and let it be known that he wanted out of his crib that instant.
A little while later, we all got dressed for the day and tip-toed out of the house for an adventure with daddy. The kids sang "Twinkle Twinkle", "Oh No Your Never Let Go", "Hakuna Matata", and "Bless the Lord Oh My Soul" all the way to Lowe's Hardware store, where we were in for a special treat: Build and Grow Day (i.e. Workshop Day). Lowe's has a free workshop day for parents of small kids periodically on Saturday mornings. I was a little skeptical as we forgot to register in advance and the line was at least 40-50 deep (and we were there 20 minutes early!) Not good — especially with little kids in tow.
We ended up getting to participate and put together a Captain America motorcycle, got a few other toys they gave us for free, and then went and looked at all the light fixtures, learned about how table saws work, held a cordless drill, looked at tractors, and even tried to guess which lawnmower was most like their Papaw's (i.e. their granddad).
After a few other stops for little activities, it was almost 12pm and the kiddos were getting restless. I was unquestionably tired. And right then, Lindsey texted us to tell us she was awake. The kids said, "Let's go. Let's go…Let's go see mommy." So we got everyone in the car and surprised Lindsey by bringing lunch home. Everyone was happy to see her and I was definitely at the point of needing some relief from the busyness of herding kids.
In the end, it wasn't the terrible day I made it out to be. It was one of the best mornings I could have ever asked for getting to connect one-on-one with each of my kids. We connected in unique ways that I would have missed out on had I continued making everything about me like I did earlier that morning (see the grumbling part above).
The next time you find yourself about to complain and act annoyed because life doesn't go according to plan or according to your preferences, you may want to check out these points of reflection.
1) It might be God's way of getting your attention.
Your perspective is not always the only one.
Your perspective is not always the right one.
My perspective isn't always the only or right one either.
My perspective often needs an adjustment.
God likes to push us to see things from a new perspective. He likes to help us remove our selfish and mundane blinders, in order for us to see things from His perspective.
2) It might be a big opportunity for you to grow.
Think back on your life. When did you grow the most? When were the times that God changed your perspective? Most of us tend to grow during times of difficulty, pain, sorrow, change, etc.
3) It might be a chance to slow down and shift your thinking.
Do you need to slow down your pace? Frantic hurrying will never help you create a sustainable rhythm. Consider stopping to "smell the roses" a little bit.
I'm not advocating that you don't work hard and become a lazy sluggard. Hard work should always be part of the equation; however, we tend to accept overwork as normative if we don't have regular reminders to keep us in check.
4) It might be an opportunity to bless someone else.
My life isn't all about me. Your life isn't all about you. All of our lives are to honor and point others to Him.
When your energy levels are high, serving others comes much more easily. When you are tired and frustrated, you probably don't naturally think to serve others. But, for God, it may be a moment that He can use to shape and mold you and others into the image of His Son.
5) It might be a chance to ask for help.
Most people struggle to ask for help. They go through life trying to make it on their own rather than leaning on others and admitting their brokenness.
I'm broken. You are broken. We all struggle with belief in the midst of our brokenness. God, through the Holy Spirit, sustains our belief — even in our brokenness and imperfect belief. It is one of the most consistent ways God responds to our selfishness.
He also provides others in our lives. We need Him, but we also need each other. Don't believe the lie that you can always handle things on your own. Don't resist help from others. Don't avoid asking for help because of your shame or pride. Acknowledge weakness. Consider who can help. Avoid robbing others of a chance to serve. They might be waiting on you to ask.
How do you normally respond when life is tough? How do you navigate the waters of frustration that knock us all down at times?
I'm broken. You are broken.
But it is by His strength that we find healing and hope.
It is because of Him that we experience some of the best memories of our lives.


text:
Q: A bag contains a number of marbles, 78 of which are red, 24 of which are blue, and the rest are green. If the probability of selecting a green marble is 1/3, what is the probability of selecting a red marble?
78+24=102
....Where do I go from here.......

A: If the probability of selecting a green marble is $\frac13$, then the probability of selecting any marble that is not green is $1-\frac13 = \frac23$. There are $78+24=102$ marbles in the bag. If the probability of selecting any of them is $\frac23$, then these $102$ marbles must be $\frac23$ of all the marbles in the bag. So the bag must have $x$ marbles, where $x \cdot \frac23 = 102$. So $x = 102 \cdot \frac32 = 306/2 = 153$. So there are $153$ marbles in the bag. We have $78$ red marbles, so the probability of selecting a red marble is $\frac{78}{153}=\frac{26}{51} \approx 0.51$

redpajama_set_name: RedPajamaStackExchange


Blinds do much more than cover a window to block the sun, they can transform a room. With hundreds of blinds available, our partners even offer next day delivery to Blandford Forum.	Blinds have remained a contemporary and modern covering for windows for some time now, although some styles become more popular over time.
If you are buying made to measure blinds in Blandford Forum click on one of the images above. And if you don't see the type of product you need, then just click on the closest to find your way to the blinds that are exactly right for you in Blandford Forum.
When cleaning your venetian blinds it is always a good idea to check the manufacturer's instructions. But we recommend that you clean them every week to avoid a serious build-up of dirt that's harder to remove. A damp cloth is usually sufficient to remove dirty finger marks (even sticky ones), and sometimes it's easier to clean them all when they are closed and flat. Whatever type of blind you require, our partners can probably supply it not just to the colour and style you require, but often made to measure and delivered to Blandford Forum.
This site is for blinds in Blandford Forum. We offer a wide variety of wooden blinds, vertical blinds, roller blinds, venetian blinds, blackout blinds, panel blinds, velux blinds, roman blinds, and all can be made to measure for Blandford Forum.


The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property.
shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
A proceeding to prescribe the regulations must be conducted under section 553 of title 5, including an opportunity for informal oral presentation.
the waiver is necessary to facilitate the safe movement of hazardous materials into, from, and within an area of a major disaster or emergency that has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
A waiver under this subsection may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiver. The Secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this chapter.
The Secretary shall include in any order issued under this section the reasons for granting the waiver.
When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary of Transportation.
The Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Senate Committee on Commerce, Science, and Transportation a biennial report providing information on whether the Secretary has designated as hazardous materials for purposes of chapter 51 of such title all by-products of the methamphetamine-production process that are known by the Secretary to pose an unreasonable risk to health and safety or property when transported in commerce in a particular amount and form.


23. Assessment of the compensation now in issue is not exclusively a matter for the domestic law of the United Kingdom. Assessment of the compensation has a Community law dimension because the compensation is payable for breach of an EC Treaty obligation. But this feature does not disturb the conclusion expressed above. I can see nothing in the above analysis which offends the Community law principles of equivalence and effectiveness.
24. Pirelli, however, raised a different point of Community law. The European Court of Justice has held that in certain circumstances the need to ensure cohesion of a member state's tax system may justify rules liable to restrict fundamental freedoms. This principle has been applied where a direct link existed, in the case of one and the same taxpayer, between the grant of a tax advantage and the offsetting of that advantage by a fiscal levy, both of which related to the same tax: Bachmann v Belgium  ECR I-249 and Commission v Belgium  ECR I-305. The precise limits of this principle remain to be explored. But the European Court has declined to apply the principle where the link between the taxes in question comprised the grant of a tax exemption to shareholders resident in the Netherlands in respect of dividends received by them and taxation of the profits of companies in another member state. They were 'two separate taxes levied on different taxpayers': Staatssecretaris van Financiën v BGM Verkooijen  ECR I-4071, 4132, paras 56-58.
25. Pirelli sought to apply this limitation on the scope of the 'tax cohesion' principle by analogy in the present case. They sought, further, a reference to Luxembourg if their submission on this point did not find favour. I am unable to accept either submission. Pirelli's argument breaks down at the very outset. The suggested analogy is misconceived. The grounds on which a restriction on a fundamental freedom may be justified say nothing about the principles applicable in assessing compensation for breach of a Treaty freedom. Assessment of compensation is primarily a matter for the domestic legal system of each member state, provided always that the principles of equivalence and effectiveness are duly observed.
26. Accordingly, I would hold in answer to the second question that the amount of the convention tax credits received by the Dutch and Italian parent companies is to be taken into account in calculating the compensation payable for the breach of article 43 of the EC Treaty. Essentially what is to be taken into account is the value of the benefits thus obtained. Depending on the circumstances a notional rate of interest on the amounts paid may properly be regarded as an element of the value obtained. But this is a matter to be evaluated in the context of the facts of the particular claims.
27. The third question is of a different character. It arises out of the terms of Council Directive 90/435 EEC of 23 July 1990, known as the 'Parent/Subsidiary Directive'. On this I have nothing to add to the observations of Lord Scott of Foscote. The terms of articles 5.1 and 7.1 of the directive, coupled with the decision of the European Court of Justice in Océ van der Grinten NV v Inland Revenue Commissioners  STC 1248, make plain that ACT is not prohibited by the directive. This is acte clair. I would not refer a question to the European Court of Justice as sought by Pirelli.
28. For these reasons, and those set out in the speeches of my noble and learned friends Lord Hope of Craighead, Lord Scott of Foscote and Lord Walker of Gestingthorpe, I would allow this appeal and remit the proceedings to Park J to decide the unresolved factual question whether, had group income election been available to the Pirelli group, the group would have elected to have the United Kingdom subsidiaries pay the dividends in question free of ACT or, instead, would have chosen that the United Kingdom subsidiaries should pay the dividends outside group income elections, thus enabling the overseas parents to receive convention tax credits.
29. I have had the advantage of reading in draft the speeches of my noble and learned friends Lord Nicholls of Birkenhead, Lord Scott of Foscote and Lord Walker of Gestingthorpe. I agree with them, and for substantially the same reasons as they have given I too would allow the appeal and make the order which has been proposed by Lord Nicholls. But we are differing from judges in the courts below whose opinions in revenue matters have always commanded the greatest respect. So I should like to add these brief remarks to explain why I have reached the same conclusion as my noble and learned friends have done.
30. The issues which we have been asked to decide are (1) whether, if a group income election had been made under section 247(1) of the Income and Corporation Taxes Act 1988 ("ICTA 1988"), the three EU parent companies would have been entitled to a tax credit under the relevant Double Taxation Agreement ("DTA") ("the election issue") on the dividends paid to them as group income by their UK subsidiaries; (2) whether, if that question is answered in the negative, the tax credits which were received by the EU parent companies under the relevant DTA should be brought into account in assessing the compensation payable to the UK subsidiaries for the breach of article 52 of the EC Treaty (now article 43 EC) because the tax advantage of a group income election was not made available where the parent company was not resident in the UK ("the assessment issue"); and (3) whether ACT is a withholding tax within the meaning of article 5.1 of Council Directive 90/435/EEC ("the Parent/Subsidiary Directive"). I would give the answers "no" to the first question, "yes" to the second question and "no" to the third question, holding the answer to the third question to be acte clair.
31. The answer to the question raised by the election issue is to be found in arrangements for double taxation relief that were created for companies not resident in the United Kingdom by sections 788(3)(d), 231(1) and 247(2) ICTA 1988. These arrangements have to be seen in the context of the system which Lord Scott has described for giving tax credits to a parent company resident in the UK in respect of distributions made to it on which its UK subsidiary had paid Advance Corporation Tax ("ACT") under section 14(1) ICTA 1988. I have listed the sections of the ICTA 1988 in that order because taking them in that order reveals most clearly the question of statutory construction on which the answer to the issue depends. In my opinion it is to the domestic legislation, and not only to the relevant DTA, that one must look for the answer. For the reasons that I shall give, and in agreement with Lord Scott, I think that the legislation provides the answer which is contended for by the revenue.
32. Section 788(3)(d) ICTA 1988 gave domestic effect to the arrangements specified in a DTA for conferring on non-resident companies such as the EU parent companies "the right to a tax credit under section 231 in respect of qualifying distributions made to them" by companies which were resident in the United Kingdom. The expression "tax credit" is defined in section 832(1) as meaning a tax credit under section 231. So it is to the provisions of that section that one must go in the first instance to see what the right was that was being referred to in section 788(3)(d).
33. Section 231(1) provided that, where a company resident in the United Kingdom made a qualifying distribution and the person receiving the distribution was another such company, the recipient of the distribution was to be entitled to a tax credit equal to such proportion of the amount or value of that distribution as corresponded to the rate of ACT in force for the financial year in which the distribution was made. But the opening words of that subsection stated that it was subject to sections 95(1)(b) and 247. Section 95(1)(b), which applied where a company purchased its own shares from a dealer, is not in point in this case. But section 247 is very much in point. It is that section, and in particular section 247(2), that creates the difficulty for the Pirelli companies.
34. Section 247(1) ICTA enabled an election ("a group income election") to be made not to account for ACT in two situations that might arise within a group of companies all of whose members were resident in the United Kingdom. The first is the one that would have applied to this case, had all the companies within the Pirelli group had been so resident. It was where the paying company was a 51 per cent subsidiary of the receiving company or of another UK resident company of which the receiving company was a 51 per cent subsidiary. In that situation the receiving company and the paying company could jointly elect that ACT was not to be payable on the dividends which the parent received from the paying company.
35. The consequences of such an election, so long as it was in force, were two-fold. First, ACT was not payable under section 14(1) ICTA 1988 on the election dividends. Secondly, the income represented by the amount of the election dividends was not franked investment income (that is to say, franked as having borne ACT) in the hands of the recipient company, but was to be treated in the ordinary way as group income of the receiving company. This meant that income of this description did not qualify for a tax credit under section 231. As section 247(2) puts it, the election dividends "shall be excluded from sections 14(1) and 231". The payment of ACT was not enacted as a condition that had to be fulfilled before a shareholder could become entitled to a tax credit, as Park J was right to point out:  STC 250, para 36. But the link between these two provisions - imposing the liability to ACT and giving the right to the tax credit - could not have been more clearly expressed.
36. The reason for the exclusion, in the domestic context, of the right to a tax credit under section 231 was simple. A group income election dividend was a dividend on which no ACT was payable. The purpose of section 231 was to provide the receiving company with a tax credit equivalent in amount to the ACT payable on the dividend. The tax credit was designed to avoid tax having to be paid twice on the same dividend when tax was paid on its profits by the parent company. As no ACT was payable in the case of a group income election dividend, there was nothing against which credit needed to be given to the recipient company. There was no risk of tax being paid twice in respect of the amount distributed to the parent, so there was no need of a tax credit to avoid that result.
37. It has to be borne in mind, of course, that ACT was a tax payable by the paying company. It was not a tax on profits in the hands of the recipient. Receipt of distributions that had borne ACT could arise in circumstances where, due to such features as capital allowances, the paying company did not have sufficient profits at the end of its relevant accounting period to give rise to a liability to mainstream corporation tax. This was frequently the case, as Park J explains in his judgment in para 61. But the tax credit was always given, and given only, where the company making the qualifying distribution in respect of which it was given was liable under section 14(1) of ICTA 1988 to payment of ACT on an amount equal to the amount or value of the distribution. As Mr Glick QC for the revenue put it, it was the payment of the ACT that made the giving of the tax credit to the recipient necessary.
38. Park J said in paras 38-41 that the answer to the election issue was to be found in the DTA and that section 788(3)(d), which referred only to section 231 and made no mention of section 247(2), had to be read consonant to the Treaty. The Court of Appeal adopted the same approach:  STC 130, para 46. Mr Aaronson QC for the Pirelli companies urged your Lordships to take the same view. If this argument was right its effect would be that section 247(2) had the effect already mentioned in the domestic context but did not qualify the entitlement to relief from double taxation provided for by the DTA. But I do not think that this approach fits either with the clear language of section 231 itself, or with the system which the tax credit mentioned in that section was designed for.
39. It seems to me that there is no escape from the fact that it is section 231 that section 788(3)(d) uses to identify the relief that is to be given in accordance with the DTA by way of a relief under the domestic system to the non-resident companies. It was the domestic system, not the Treaty, that defined the extent of that relief. According to its own terms section 231 had to be read subject to section 247. And the giving of a tax credit for qualifying distributions only became necessary because qualifying distributions were distributions on the making of which the paying company was liable to ACT. Reading these two provisions together, it is clear that the prerequisite for the giving of a tax credit was the making of a qualifying distribution which was liable to ACT. A group income election extinguished that liability and with it the right to the tax credit that was the counterpart of the liability. It follows that, if the same system had been available to them and a group election had been made, no ACT would have been payable on the distributions to the EU parent companies. So there would have been no entitlement to a tax credit with respect to those distributions under section 788(3)(d). I would answer the question raised by this issue in favour of the revenue.
40. The assessment issue raises an entirely different point. The argument for the Pirelli companies is that the harm of having to pay the ACT and of losing the cash flow advantage that a group income election would have given them was suffered by the UK subsidiary only, not by the parent which received the advantage of the tax credit paid to it under section 788(3)(d). So the amount of the compensation to be paid to the subsidiary should be assessed without bringing the tax credit received by the parent companies into account. To this the answer for the revenue is that section 247(1) gave the right to make a group income election to both the parent and to the subsidiary jointly. It was an election which was available to them which would only have been made where it was in their joint interests to make it, and in the event of a joint election the tax credit would not have been payable. So the group should be treated as a single unit for the purpose of assessing the amount of the compensation payable in order to give effect to the judgment of the European Court of Justice. Park J said in para 48 that this was a huge and unjustifiable step, as it ignored the separate corporate identities of the respective companies.
41. I do not think that the revenue's approach falls into the trap of ignoring the companies' separate identities. What it does is to look at them instead as members of the group. I agree with Lord Scott that the relevant harm was the harm that the group suffered by reason of the breach of the parent companies' right to freedom of establishment under article 52 of the Treaty. The breach deprived the group of the benefit of a joint election which, if there had been no breach, would have been available under section 247(1) ICTA 1988 for the benefit of the group as a whole. It would have been exercisable by the paying and the recipient members of the group jointly. It is the joint nature of the exercise that makes it appropriate to look at the group as whole when the compensation is being assessed rather than the effect of the breach on each company taken in isolation.
42. In Metallgesellschaft Ltd v Inland Revenue Commissioners (Joined Cases C-397 and 410/98)  Ch 620, para 88 the European Court stressed that in an action for restitution the principal sum due was none other than the amount of interest which would have been generated by the sum use of which was lost as a result of the premature levy of the tax. In para 89 it said that article 52 of the Treaty entitled a subsidiary resident in the UK and/or its parent company having its seat in another member state to obtain interest on the ACT paid by the subsidiary during the period between the payment of the ACT and the date on which the mainstream corporation tax became payable. Elaborating on this point in para 96, the court said that article 52 of the Treaty required that resident subsidiaries and their non-resident parent companies should have an effective legal remedy in order to obtain reimbursement or reparation of the financial loss which they had sustained as a result of being deprived of the entitlement to a tax regime that allowed them to avoid the obligation on the subsidiary to pay ACT in respect of dividends paid to the parent company.
43. The language that the European Court uses in these and the other passages in the judgment referred to by Lord Scott shows that the loss for which an effective legal remedy is to be made available is the loss which was sustained by the subsidiaries and their parent companies as members of a group. This is because the taxation regime which was denied to them was a regime that was available to a group under the domestic system. The effect of the breach of article 52 which denied the opportunity to opt for that regime to the Pirelli companies cannot be assessed without looking at both sides of that regime - at the differences that it would have made to the receiving companies within the same group as well as to those companies that were paying the dividends. Decisions as to whether to opt for that regime, which had to be made by these companies jointly, were always made by reference to what was in the best interests of the group looked at as whole. It would be artificial, and therefore wrong, to look only to the effect on the subsidiaries that opting for that regime would have had without having regard to its effect on the parent companies within the same group also.
44. Mr Glick QC for the Revenue accepted that a common law claim against the parent companies for repayment of the tax credits would fail because they were not paid to the parent companies under a mistake. But he submitted that it was nevertheless open to the revenue to rely on the amount of the tax credits given to the parents to reduce or extinguish its liability to the subsidiaries in the same group. In my opinion reparation for the breach of article 52 of the Treaty for the loss that was sustained by the group in this case, as explained by the European Court's judgment, permits this approach. I would answer this question too in favour of the revenue.
45. The third issue is whether ACT was contrary to EC law on the ground that it was a withholding tax within the meaning of the Parent/Subsidiary Directive. As Park J pointed out in para 61, it only needs to be addressed if both of the two previous questions are answered in favour of the revenue. Both of those questions were answered both by him and by the Court of Appeal against the revenue, so it was not necessary for them to deal with it. As we are in favour of the revenue on both points we must do so.
46. The wording of article 5.1 does not provide a clear answer to the problem. But it comes close to doing this, as it provides that profits which a subsidiary distributes to its parent shall be exempt from withholding tax. The wording of this paragraph suggests that the exemption applies where the taxable person from whom the tax is being withheld is the parent company to whom the profits are being distributed. That is how the concept of withholding tax was explained in Ministério Público and Fazenda Pública v Epson Europe BV (Case C375/98) 2000 ECR 1-4243, where the European Court said that a tax was a withholding tax where it was a tax on the parent company's dividend income, not a tax on the profits of the subsidiary: see paras 23 and 24. ACT did not fall within that description, as under section 239 of ICTA it was a tax payable by the subsidiary which was to be set against the subsidiary's liability to mainstream corporation tax. So it was a tax on the profits, if any, of the subsidiary, not those of the parent company. This is made clear by the fact that income of the parent by way of distributions made by its subsidiary under deduction of ACT entitled the parent to a tax credit under section 231 equal in amount to the tax payable by the subsidiary as ACT. Article 7.1 however seems to me to put the matter beyond doubt. It provides that the term "withholding tax" does not cover an advance payment of corporation tax to the Member State of the subsidiary which is made in connection with a distribution of profits to its parent company. ACT answers to this description.
47. In Athinaiki Zithopiia v Elleniko Dimosio (Case C-294/99)  STC 559 it was argued to the European Court that article 5 did not apply because the tax in question was a tax on the profits of the subsidiary to its parent company within the meaning of article 7.1. In para 29 of its judgment this argument was rejected on the ground that it related to income which was taxed only in the event of a distribution of dividends and up to the limit of the dividends paid. This description seems to me to indicate that the reason why the taxation was held not to fall within article 7.1 was that it was a tax on the parent's income as holder of the shares which entitled it to payment of the dividends, not on the income of the subsidiary. This interpretation of that decision is confirmed by what the European Court said in Océ van der Grinten NV v Inland Revenue Commissioners (Case C-58/01)  STC 1248, para 47 where, treating the matter as having been settled by its decisions in the Epson and Athinaiki cases, the court made it clear that a withholding tax is a tax on the income from the shares on which the dividend is paid and where the holder of the shares is the taxable person from whom the tax is withheld.
48. It is true, as Park J pointed out in para 61, that ACT could only be said to be an advance payment of tax payable by the subsidiary if its profits were sufficiently large at the end of the accounting period to attract mainstream corporation tax. If this was not the case - and it often was not the case - it could not be said to be an advance payment of tax that was ultimately to be borne by the subsidiary. But this not the criterion to which article 7.1 as interpreted by the European Court addresses itself. The essence of a withholding tax within the meaning of article 5.1 as explained by article 7.1 is that it is a tax on the income of the parent company. The court's own jurisprudence makes it clear that ACT was not a withholding tax for the purposes of the Parent/Subsidiary Directive.
49. The problem that your Lordships must resolve on this appeal is produced by a combination of four things. First, the Finance Act 1972 introduced advanced corporation tax (ACT) to our tax system. The charging provision, originally section 84(1) of the 1972 Act, became section 14(1) of the Income and Corporation Taxes Act, 1988. It required a company which made a "qualifying distribution" (typically the payment of a dividend) to its shareholders to pay ACT to the Revenue. The ACT (described in section 14(1) as "an amount of corporation tax) was made payable on an amount equal to the amount or value of the distribution and at the rate at which income tax at the basic rate was charged. The ACT was not deducted from the dividend paid to the shareholder (as had been the case with Schedule F income tax: see the explanation given by Peter Gibson LJ in paragraphs 5 and 6 of the judgment of the Court of Appeal) but instead the ACT attributable to each dividend was "imputed" to the shareholder to whom the dividend was payable and, if the shareholder was resident in the UK, the shareholder generally became entitled to receive from the Revenue a tax credit equal to the amount of the ACT (see s.231(1) of the 1998 Act). The shareholder was then taxable on the aggregate of the dividend and the tax credit. As for the company that had paid the ACT, that company was entitled to set the ACT against its liability to mainstream corporation tax.
50. The second contributory factor was the availability of group income elections. Provision for these elections was made by section 247(1) of the 1988 Act. Where both a subsidiary company and its parent company were resident in the UK they were permitted by section 247(1) to make a joint election that the sub-section should apply to the dividends paid by the subsidiary to the parent. Then, so long as the election remained in force, ACT would not be payable in respect of those dividends and the parent company would not receive a corresponding tax credit.
and that it is expedient that those arrangements should have effect, then those arrangements shall have effect in accordance with sub-section (3) below"
(d) for conferring on persons not resident in the United Kingdom the right to a tax credit under section 231 in respect of qualifying distributions made to them by companies which are so resident."


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