Month: February 2006

A SHANNON man has issued civil proceedings against a local company after being forced from his home because of concerns over his health.

At Ennis Circuit Court last week, Schwarz Pharma was fined €110,000 and ordered to pay €42,359 in costs, after pleading guilty to 11 seperate breaches of its Integrated Pollution Control (IPC) licence in 2004.

At the outset of the case, Judge Carroll Moran told the court that he had received a letter from a man, but had not read its contents.

The letter was passed to counsel for Schwarz Pharma, John Gibbons SC, and he confirmed that Mr Moroney had issued civil proceedings against the company.

Judge Moran said that he could not be influenced by the letter as he had not read its contents.

Mr Moroney was in court and confirmed to The Clare People that the letter sent to Judge Moran was his.

He declined to comment on the civil proceedings but it is understood the proceedings are in the early stages of a case with the Personal Injuries Assessment Board (PIAB).

He said: “In the letter, I outlined the history of our difficulties in Shannon with Schwarz Pharma.”

Mr Moroney, his wife, Marie and teenage daughter, Eimear moved out of their Shannon home in January 2003 to live with relatives. They now live in Lissycasey.

Mr Moroney said: “Our Shannon home has been on the market for 18 months, but we can’t sell it and will maybe have to sell the site for development.

“The house in Lissycasey cost €273,000. I had cleared the debt on our Shannon home but now we are in debt again.”

Of the Circuit Court case against Schwarz Pharma, Mr Moroney said: “I listened to the side effects listed out in court by the Environmental Protection Agency (EPA) inspector, on being exposed to various chemicals and we were looking at each other in court, because they were similar to the complaints we were making to the EPA for the past three years, though I know it is circumstantial.

“I certainly feel that the EPA needs to keep monitoring the facility. It cannot walk away and believe that the job is done.

“The company has spent a lot of money. We have to put our faith in the EPA. They are our environmental police.”

THE owners of the Clare Lodge in Ennis have received over €4.4 million in State funds to accommodate asylum seekers at its centre over the past six years, new figures reveal.

The figures show that in all, over €16 million has been spent on accommodating asylum seekers at three separate centres in Clare during the past six years.

In response to a Dáil question on the issue, the Minister for Justice, Michael McDowell, confirmed that the Clare Lodge on Ennis’s Carmody Street had received €4.44 million in accommodating asylum seekers since April 2000, while the owners of the Scariff Court Hotel have received €2.723 million since October 2001.

The figures provided also show that it has cost €8.8 million to operate the Government-run asylum seeker centre, Knockalisheen since October 2001.

The Clare Lodge currently has capacity for 65 asylum seekers. There is capacity for 74 at the Scariff Court Hotel, while Knockalisheen has currently 232 occupants with the centre accommodating 1,542 to date.

Knockalisheen was the State’s first purpose built accommodation for asylum seekers The average weekly occupancy in 2004 was 243 and in 2005 it was 247.63.

Costs at Knockalisheen in 2003 amounted to €2,308,476; in 2004 the figure was €2,403,166 and in 2005 it was €1,891,173. To date, in 2006, the costs are €182,270.

The large sums received by the operators of the privately-run centres are in contrast to the small amounts received by the occupants for day-to-day living expenses.

The asylum seekers receive €19.10 per week for incidental expenses – a figure that has not increased since 2000.

Orla Ní Éilí of the Ennis branch of the Irish Refugee Council yesterday called for an increase in the amount received by the asylum seekers.

“Occupants of these centres are isolated, bored and confused and I know of one case where a person has been in direct provision in Clare for the past three years.

Ms Ní Éilí cited another recent incident where an asylum seeker, living in direct provision, opted not to purchase a pair of shoes when told of the €5 cost in an Ennis charity shop.

CLARE County Council has spent €30,250 on translating three statutory development plans into Irish – and not sold a single copy.

The spend was this week described as “a wanton waste of taxpayer’s money” by Councillor Brian Meaney (GP).

However, Irish language enthusiast, Cllr Tom Prendeville (FF) said: “It is right and proper that the council translate these documents into Irish. The €30,250 spent on the translation doesn’t matter a whit as an economic price should not be placed on celebrating our Irish language and culture.”

Arising from the coming into law of the Official Languages Act, the council is bound by law to translate all published documents into Irish.

Cllr Meaney said: “This outcome is very poor for the promotion of Irish and money could be spent on Irish in a much more positive and proactive way.

“There is something of a joke factor entering into this with the massive spend on the documents and not one copy sold.

“This is taking place as a result of a whim of Minister Eamon O’Cuiv and is very counterproductive towards the promotion of Irish.

“If this return occurred in the private sector, it wouldn’t be tolerated. There are community groups across the county crying out for money and what could they do with €30,250?

“The Ministerial diktat by Minister O’Cuiv has been accompanied by no additional funding and the council has to fund the translation of these plans from their own resources.

“This part of the Official Languages Act needed to be overhauled as this wasteful spend is being repeated across the country.”

However, Cllr Prendeville said: “The Council is obliged under the provisions of the Official Languages Act to translate these documents. It is most important that this work is carried out, otherwise the Council would found to be in breach.”

The council’s Director for Planning, Bernadette Kinsella confirmed that in compliance with legal requirements, the council made the spend on the translation of the County Development Plan 2005, the North Clare Local Area Plan 2005 and the East Clare Local Area Plan 2005.

“Five copies of each of these plans were printed in Irish. To date, no copy has been sold to the general public in Irish. Approximately 200 copies of the English versions have been purchased. The cost of meeting its requirements under the Official Languages Act has to be met from the annual revenue budget of the council.”

TAOISEACH Bertie Ahern has said he is satisfied that none of the prisoners in Guantanamo Bay came through Shannon Airport on rendition flights.

His remarks came as senators of his party blocked moves to have a Seanad inquiry into claims that the US was using Shannon Airport for the illegal transport of prisoners.

Speaking to reporters at the Ógra Fianna Fáil conference in Ennis at the weekend, the Taoiseach said that he has been told categorically that “nobody in Guantanamo Bay came through Shannon.”

And he added that the Irish position had “always been that people in Guantanamo Bay should be given their full human rights.”

A provisional committee had been set up in the Seanad under the Cathaoirleach, Fianna Fail’s Mary O’Rourke, to investigate allegations concerning prisoners being transported for torture.

But when it came to moving a resolution which would see the committee get acceptance from the full Seanad, Fianna Fáil senators objected at their weekly meeting. This led to Senator O’Rourke to drop the proposal.

Senator David Norris (Ind) said that the people “are entitled to know why it (the committee of inquiry) has been shut down, especially in view of the performance of this grey little Government that seems so intimidated by the United States authorities.”

In a media interview this week, Fianna Fáil Senator Timmy Dooley, said that Clare Fianna Fáil councillors were also opposed to any new inquiry.

“A group of Fianna Fáil councillors met and decided that they were not in favour of the establishment of this committee. That was in line with the TDs’ and Senators’ thinking. There are already two committees investigating these accusations and I don’t see how a third investigation would unearth any further facts.”

Senator Dooley added that for Ireland to give approval to the Seanad committee “would be seen at this time as a hostile act.”

Earlier in the week, an angry Senator Norris rubbished claims that jobs would be lost and US companies would pull out of Clare if any inquiry was set up into the US chartered flights.

“US companies are concerned with profits. They are not influenced by transient political issues. We will not lose jobs,” he said.

He added that he personally had “very warm feelings for the US people, but not for this criminal administration.”

The Government has shortly to answer questions about the flights through Shannon from both the Council of Europe and the European Parliament.

A NORTH Clare man who glassed another man in the face has been warned he will face 12 months behind bars if he gets into trouble over the next two years.

Before Ennis Circuit Court was Michael Neylon (36), with addresses at Parliament Street, Ennistymon and Ardnaculla, Ennistymon, who pleaded guilty to assaulting a man in his 40s from north Clare, thereby causing him harm, at Cagney’s pub, Parliament Street, Ennistymon, on March 17, 2005.

Garda Louise Casey told Ennis Circuit Court that the injured party went to Ennistymon Garda Station on March 19, and said he had been assaulted by the accused two days earlier.

She said the injured party suffered facial injuries, but did not have any lasting marks on him as a result of the assault and pointed out that the accused fully co-operated with gardaí.

She said the accused, a single man who lived with his mother, had a “chronic” alcohol problem. She said, “I think this was a wake-up call for him.”

She said the accused was hospitalised three days after the offence, having taken an overdose.

Defending barrister, Lorcan Connolly, said his client had not drank for almost a year prior to St Patrick’s Day last year and he broke out on that day.

He accepted that the photographs in court of the accused’s injuries were “particularly distasteful” but said there were no long-term effects for the injured party.

Judge Carroll Moran said the photographs of the injured party were “unsightly.”

“The complainant told gardaí he was hit with a glass. He [Neylon] could have done serious damage. There is no belittling the seriousness of this matter,” he said.

The judge said he was taking into account the guilty plea. Commending the Garda evidence the judge said, “Gadra Louise Casey has been extremely fair to you. I hope you appreciate that she has effectively spoken up for you.”

He imposed a 12 month jail term, suspended for two years and bound the accused to the peace for two years. He warned, “I intend to impose 12 months if he does get into trouble.”

ENNIS should not “be a lunch stop on an IDA itinerary” between Galway and Limerick, business leaders in the Clare capital have said.

The comment came as the Industrial Development Authority as criticised for its failure to get investment for the regions.

Ennis Chamber of Commerce expressed concern that Clare’s exclusion from the BMW region “means we have lost out as a result.”

CEO of the Ennis Chamber of Commerce, Theresa McInerney: “Ennis is often overlooked because we are located so close to Galway and Limerick. What we don’t want is to see Ennis as a lunch stop on an IDA itinerary. We are serious contenders for business investment and we need to work with the IDA to that end.”

Ms McInerney said that while it is “all very well to criticise the IDA, we need to sell ourselves to them. We need to work with the IDA to portray the attractiveness of the region.”

She said it is important to show all the advantages which Clare has to offer including a young and well educated population, the location of top universities, proximity to an international airport, access to broadband and major improvements to infrastructure in the region.

Members of the Joint Oireacthas Committee on Enterprise and Small Business demanded explanations from IDA boss, Sean Dorgan, why areas such as Clare, East Galway and Kerry had done so badly in recent years.

Mr Dorgan and other executives were before the committee to discuss the IDA’s 2004 annual report, last week.

The IDA boss told the committee members that there had been a dramatic change in the nature of inward investment.

Investors require “large population bases with a strong urban centre,” to create a clustering effect. Industry will go where there are staff and the back-up required to run the business.

Senator Fergal Browne (FG) said IDA facilities were not attracting any investment and questioned the body’s commitment to regional development.

Mr Dorgan said there were 28 business and technology parks of a world class standard nationwide.

Senator Mary White (FF) was ruled out of order when she asked if the use of Shannon by the US military was damaging Ireland’s reputation internationally.

A CONVICTION imposed on a 54-year-old man for assaulting a bouncer has been overturned, after the judge heard he plans to emigrate to the US.

Michael Singleton, with addresses at Westfields, Ennis and Corofin, was convicted of assaulting Kevin Cooper (43), of Loughville, Ennis, on October 23, 2004 and was jailed for three months.

Garda Francis Corey told Ennis Circuit Court last week that Mr Singleton threw a glass at Mr Cooper, in Woody’s pub on Chapel Lane, Ennis.

Defending solicitor, Tara Godfrey, said there had been very bad blood between her client and Mr Cooper for the past 10 years.

She said her client hit Mr Cooper out of self defence.

“For my client’s own health and for Mr Cooper, it would be advisable if there could be distance between them,” said Ms Godfrey.

The judge asked Garda Corey whether there was a long history between the two men and he replied, “I would say so. Both parties, when taken apart, are okay to deal with, but when together it seems like it’s a red rag to a bull.”

Mr Singleton told Judge Carroll Moran that if granted a green card, he would go to stay with his daughter in the US. The judge noted that Mr Singleton had only one previous conviction at this stage of his life.

“He wants to travel to the US. I think I’ll give him the benefit of the Probation Act.”

EUROPEAN tourists will not replace the expected loss of American visitors to Clare with the ending of the stopover, because they spend far less when they come here, new figures show.

American visitors spend an average of four times as much as European visitors when they visit Clare, according to the Tourism Ireland statistics.

Their research also shows that the Shannon region is bottom of the tourism league table, with visitors here spending an average of just €261 per visit. The sums are “a real cause for concern,” according to the Ennis Chamber of Commerce.

The new figures show that the spend in the Shannon region is down on every other part of the country, with overseas visitors spending €413 per average stay in the South West region and €368 and €334 in the Western and North Western regions respectively.

“There is a perception that European visitors will make up for any loss of trade from the US once the end of the stopover bites, but that’s not the case,” said Ennis Chamber CEO, Rita McInerney.

“It’s a fact that US visitors who come here stay longer and spend more in the region, particularly if they have roots here,” said Ms McInerney.

“These figures are a cause for concern and they show it is vitally important that we band together to market the region in the US.”

Ms McInerney pointed to research which showed that the top tourist destinations for US visitors were Bunratty, the Burren, the Cliffs of Moher and Killarney.

“Given their destinations, it makes sense that US visitors fly into Shannon instead of Dublin,” said Ms McInerney

“The problem is that in terms of distance, US visitors see Clare as being just down the road from Shannon. But with the infrastructure we have here, they don’t realise that they will lose six hours or more travelling from Dublin. We need to be very strong in marketing the advantages of flying into Shannon. The way in which Ireland is being sold abroad is detrimental to us,” Ms McInerney added.

TWO Kilrush brothers who attacked two men with a hurley have been handed suspended jail sentences after paying €5,000 each in compensation to their victims.

Anthony (26) and Joseph (23) Kelly, Crawford St. Kilrush, assaulted two men in Kilrush on April 11, 2004.

One of the victims had to have 15 staples put into his head and the other had 11 staples put into the back of his head as a result of the assault, Ennis Circuit Court heard.

One of them told a previous sitting of the court, last November, that he had been on disability allowance since the assault.

At that sitting, the Kelly brothers pleaded guilty to the assault. On that occasion the court heard from gardaí, who said it was important that the two Kellys didn’t live in Kilrush.

“There are still problems with the situation in Kilrush and it is important that the two Kellys don’t live there.

“If they did, they would get dragged back into this feud,” Det Sgt David Sheedy told the court on that occasion.

In court last week, Judge Carroll Moran was told that the Kellys had paid €5,000 each in compensation, which was given to the injured men’s solicitor.

Counsel for the State, Stephen Coughlan, said that at the initial hearing, the pair were told not return to Kilrush and remain in Cork, where they had lived since last April.

“Gardaí in Kilrush have a concern that the two do not return to Kilrush,” said Mr Coughlan.

The court heard that all of the bail terms had been adhered to by the two accused men.

Judge Moran said the ban on the two men from entering Kilrush could not last forever. Mr Coughlan suggested, in response, that the two be bound over to the peace for a period of two years.

He said, “This was a nasty assault but they have paid compensation.”

He imposed jail terms of two years on both, suspended for two years and ordered both to keep the peace for that time.

He ordered them to stay out of Kilrush and they must notify the garda authorities if they plan to return there.

CALLS were made last night to tear down mobile phone dishes erected without permission.

Clare County Councillors were discussing the planning guidelines surrounding the erection of phone masts.

Councillor Tom Prendeville (FF), who had asked the director of services to brief the meeting on the planning guidelines, said that in West Clare there was one mast with planing permission for just three antennae “and it has twelve pieces of telecommunications equipment on it.”

The councillor said there was “huge concern “about the possible health risks of living close to a mast.

“Unions are so concerned about the risks, that workers are only allowed up to work on these masts for 14 minutes at a time and then they have to come down for sixteen minutes. The companies who are making profits from the masts should be made to prove that there is no danger to health,” Cllr Prendeville said.

The councillor said he was also very concerned that new government planning legislation would take away the local authority’s powers to make decisions about giving planning permission for masts.

Another concern, the councillor said, was the proximity of some masts to schools.

“These are vulnerable children.”

In his reply to the councillor, the local authority’s Director of Services, Tom Carey, said that the Government guidelines in the matter had been published in 1996 and these were considered in preparing a policy on masts for the county.

The council had adopted a distance of 50 metres as being outside the area of close proximity which was thought to be harmful.

He added that government guidelines did not provide for minimum distances between existing buildings and proposed new masts.

Fine Gael Councillor Madeleine Taylor Quinn said that the planing enforcement officer “should be sent out and companies made to take down additional dishes which don’t have planning permission.

“These private companies are making massive profits on the backs and the health of the people.”

Green councillor, Brian Meaney, warned that there would be “a further blossoming of masts with the roll-out of ‘3G’ technology.”