Month: March 2006

THERE is now a cast-iron case for Clare County Council to establish an in-house legal department.

That is the view of independent councillor, Christy Curtin, who was commenting on figures released to The Clare People under the Freedom of Information Act, showing that the local authority spent €825,799 on legal expenses in 2005.

The figures bring to over €4 million, the amount the council has spent on legal fees over the past three years.

However, last year’s amount is significantly down on the monies spent in 2004 and 2003.

In those two years, the spending was €3.2 million or €1.6 million in each of the years concerned.

However, Cllr Curtin said yesterday that irrespective of the drop in money spent on legal expenses, over €800,000 was still a sizeable amount spent.

“It is now imperative that the council establishes its own legal office now. The case is made and the case is cast-iron.

“It is time for the County Manager, Alec Fleming, to come off the fence on this one.

“You can’t put a price on independence and it is appropriate that the council would now establish its own legal office with work on its new HQ to start soon. The manager needs to be pro-active on this.

Cllr Curtin said that any organisation with an annual budget of over €100 million would have its own in-house law agency.

The figures show that Ennis-firm, Michael Houlihan, which acts as the council’s legal advisers, received the highest proportion of costs, at €573,193.

Ennis-firm John Casey & Co. received the next highest amount at €79,694 followed by Connolly, Sellors, Geraghty & Assoc., which received €25,000 and PF Moloney & Co., which received €22,226.

The design for the council’s new corporate headquarters has not made provision for a legal department in house.

TEACHERS and pupils at St Patrick’s National School in Parteen were told this week that they were to get a new classroom.

The Department of Education has sanctioned funding to supply a pre-fab classroom for the growing numbers of pupils attending the school.

The allocation of money was welcomed by local Councillor, Paschal Fitzgerald (Lab), but he warned that providing temporary accommodation was “not the answer.”

“This is one of the fastest growing areas of Clare and what the school needs is money for a proper extension, because the school will be getting more enrolments in the years to come,” said Cllr Fitzgerald.

Meanwhile, householders in Parteen received fliers through their letterboxes signed jointly by Minister for Defence Willie O’Dea and Fianna Fáil Councillor Cathal Crowe, announcing the new 80 square metre prefab for the school.

They claimed that as a result of “our ongoing representations to the Minister for Education Mary Hanafin” the school had been approved for an additional classroom.”

The Fianna Fáil politicians said in the handout that “for the past number of months we have worked hand in hand with the management and staff of Parteen National School to ensure that their application to the Dept. of Education was given priority. Due praise and recognition needs to be given to the Principal Ms. Mary McNiece O’Regan, her dedicated staff and the hard working Board of Management and Parent’s Committee.

One parent described the additional classroom as “much needed for the ever increasing needs of the school. Children from surrounding areas are now attending Parteen, which is a credit to the teaching staff, and the maintenance of the school internally and externally shows the commitment of those employed to do this work.”

AN independent member of Clare County Council said yesterday that it was a “mistake” that vital Council business had been postponed due to the Mayor’s St Patrick’s Day visit to the US.

Councillor Christy Curtin (Ind) made his comment after the council confirmed that Councillor Patrick Keane (FF) and Director of Service, Ger Dollard, would be spending eight days in the US as part of the annual St Patrick’s Day celebrations.

The council was unable to put a cost on the trip, however, previous St Patrick’s Day visits have cost over €10,000.

A council spokesman said, “They will be travelling for a maximum of eight days and they will be attending a number of parades and meeting a number of business contacts while in New York.

To facilitate the trip, the council’s statutory monthly meeting will not be held on March 27. Ordinarily, monthly meetings are held on the second Monday of each month.

The spokesman said that the adjournment of the meeting had the full support of the council.

Cllr Curtin said, “I think that it is a mistake that the council should postpone its business on account of the mayor and a senior official not present.

“Surely, as deputy mayor, Councillor Sonny Scanlan should have been asked to deputise and the manager is still around.

“There needs to be continuity in how the council conducts its business”.

However, independent councillor, Patricia McCarthy said, “The annual trip to New York is very important in keeping up links with the Clare and Irish community in the US.

“It is unfortunate that there is a delay in holding the council’s March meeting.

“But I don’t believe that there is anything urgent that needs attention.

“It is not easy to find dates for meetings and not having the Council meeting on the second Monday doesn’t mean that there are no other meetings going on.”

FROM Kilrush to the White House, Ennistymon to Toronto, Kilmaley to Scandinavia, Clare’s TDs and Senators will travel the globe this St Patrick’s weekend.

Minister of State Síle de Valera will be promoting tourism in Ireland when she represents the government in Toronto. Canada was one of the fastest growing markets for the island of Ireland in 2004.

At the Chamber of Commerce Ball last Friday night, the minister said she would ensure that Canada was aware of the attractions of Clare and the easy access to the county through Shannon Airport. The junior minister will also attend the Grand Marshal’s Ball and traditional St Patrick’s Day events.

Ministerial Colleague Tony Killeen will have to wrap up well as he visits the Scandinavian countries of Norway and Sweden on government business.

Minister Killeen will visit Oslo and Stockholm where he will meet with prominent business representatives to promote the expansion of trade links.

He will be a guest of honour at an Enterprise Ireland reception in Stockholm for senior trade and tourism representatives. Sweden is Ireland’s thirteenth largest trading partner. Total trade in 2004 was worth €1.63 billion.

2004 was a record year for tourism to Ireland from Norway. Tourism Ireland figures suggest a 60 per cent increase to well over 30,000 visitors, and the numbers continue to grow in the course of 2005.

Opposition TDs Deputies Pat Breen (FF) and James Breen (Ind) will be staying closer to home this festive weekend.

Deputy James Breen told The Clare People he will be taking part in a sponsored walk in Kilmaley during the national holiday.

Deputy Pat Breen said he is looking forward to spending time with his family before venturing out to enjoy the parade and open the Ennistymon food festival.

The county’s two senators will also be enjoying two totally different St Patrick Day parades.

While Senator Timmy Dooley will be spending time in the White House, Senator Brendan Daly will be staying closer to home to enjoy the parades in Ennis and Kilrush.

Senator Dooley will spend St Patrick’s Day at the White House where he will meet with Congressmen and Senators to discuss the Kennedy McCain Bill, which proposes to legalise undocumented Irish in the USA.

The Fianna Fail Senator will then fly to Memphis, Tennessee to be grand marshal at the local parade on Saturday.

He pointed out that he was travelling at his own expense.

A REVELATION that Clare recorded one of the highest rates of crime against tourists in Ireland last year could have huge consequences for tourism in the county.

That’s according to Councillor Flan Garvey (FF), a prominent Clare tourism campaigner, who was speaking in the wake of the Irish Tourist Assistance Service (ITAS) report.

It stated that behind Dublin, Galway, Wicklow and Kerry, Clare fared the worst when it came to crime against tourists. Two tourists visiting Clare made reports that they were pickpocketed, while three complained that their cars were broken into last year. Cllr Garvey said this was not a good reflection of Clare.

“It is one thing we could like to be low in. . . The vast majority of people in Clare are very welcoming. It is worrying as it is hard enough to attract people. This type of publicity is the worst kind of publicity we can get. We have always had a great image in Clare,” he added.

He said some of the culprits were locals, while others were non-nationals. “However, as far as tourists are concerned, it is all the same. They won’t come back if they are mugged. It is a horrible experience,” he said.

AER LINGUS staff at Shannon last night agreed to ballot for industrial action to oppose plans to sell the airline.

In a packed meeting at the Great Southern Hotel, almost 150 SIPTU members voted in favour of a motion in favour of holding a “protective ballot”, in the event of the company “moving towards privatisation unilaterally and without agreement on the core issues of concern to the members.”

The members also passed a vote in support of the union’s anti-privatisation campaign.

After the meeting, SIPTU’s Tony Carroll said that the members “expressed serious concern about what the future holds for everyone in a privatisation situation.”

He said the issues that were of greatest concern included job security, rewards and recognition, core numbers and other matters from the central agenda of the business plan.

It is feared that there could be widespread job-cuts after a majority stake in the airline is sold to raise an anticipated €800 million.

This could happen within three months.

For the Shannon staff, a particular issue of concern are work practice changes that would flow from a privatisation.

SIPTU has 200 members in Shannon, mostly in the ground operations and cargo sections.

“We will be going ahead with the ballot from tomorrow (Wednesday) and we would expect to have the result by Friday week,” the SIPTU official said.

The meeting was addressed by Tony Carroll and SIPTU National Secretary, Michael Halpenny.

Last week, 300 Aer Lingus staff at Dublin Airport also agreed to a protective ballot for industrial action.

At that meeting, the Dublin members decided not to allow the airline’s chief executive, Tom Mannion, address them on the planned privatisation of the company.

A union delegation has met with Transport Minister Martin Cullen, who told them that he had directed the State airline’s chief executive to discuss the implications of any planned flotation with them.

SIPTU’s financial advisers have indicated the Government may have to sell up to 60 per cent of the airline and retain a 25 per cent stake.

The remaining 15 per cent is owned by a collective employee share trust.

A COUNCILLOR has been sent forward to stand trial in the Circuit Court next month in connection with the alleged misappropriation of funds belonging to Galway County Council.

Cllr. Michael Fahy, who resigned from Fianna Fáil a year and a half ago when this matter first emerged, but who continues to serve as an independent member of Galway County Council, appeared before Kinvara District Court on Monday.

Supt. Paul Mockler told Judge Joseph Mangan that a Book of Evidence had been served.

Fahy, who is pleading not guilty, was remanded on his own bail of €100. He will appear before Galway Circuit Court on April 25.

Fahy, a poll-topper in the last two local elections and a member of Galway County Council for the past 25 years, faces eight charges under the Larceny and Theft and Fraud Offences Acts.

They include allegations that in 2001 and 2002, with intent to defraud, he caused amounts of £5,624 and £7,055 to be paid by Galway County Council. The money was allegedly paid to a fencing company for his own use or benefit for works included in those sums to the value of £748 and £3,702 respectively, in respect of a Community Involvement Scheme approved by the council by falsely pretending that the works had been approved by the council. He is further charged with attempting to dishonestly misappropriate €7,523 from the council in 2003. Another charge alleges he attempted to make personal gain by producing or making use of a document, which to his knowledge was false or misleading.

A MAN who threatened he would drive a hatchet through a woman’s head has pleaded guilty to a string of offences at Miltown Malbay District Court.

Bart Russell, with addresses at The Mews, Kilrush Road, Ennis, and Seafield Road, Quilty, is facing the charges, arising out of an incident at Seafield Road, Quilty, on July 15, 2004.

Superintendent Eamon Dolan told the court that as a result of children throwing stones, the accused followed a girl as she cycled past his home.

As a result, she was very distraught and the girl’s mother called to the accused’s home.

“He threatened he would kill her, by driving a hatchet through her forehead,” he said, adding that when gardaí arrived on the scene. Russell then attempted to hit Garda Joe O’Donoghue with the hatchet.

The superintendent told the court that the DPP consented to a summary disposal of the case, in the district court.

Defence solicitor John Casey applied to adjourn the case for two months, saying the accused was due to meet with his psychiatrist the following day. Judge Joseph Mangan agreed, and ordered that a Probation Report be compiled.

Mr Russell is also facing a charge of arson and criminal damage, at Moyglass, Mullagh, on April 18, 2005.

This case was adjourned for preparation of the Book of Evidence.

He will appear in court again next month on those charges.

THE Minister for Enterprise, Trade and Employment, Michael Martin has rejected calls to establish a task force in response to recent job losses in Clare. Fine Gael deputy, Pat Breen had called for the measure, pointing out that 24 companies had been lost to the Midwest in the past three years with only five projects attracted to the region.

However, in the Dail, Minister Martin said, “I do not propose to establish a task force as I am confident that the strategies and policies being pursued by the development agencies, together with the ongoing commitment of Government to regional development will bear fruit in terms of additional sustainable investment and jobs for the people of Clare, including those living in Ennis.”

Minister Martin said that Clare had a strong base of foreign direct investment jobs. He said that State-supported FDI employment represented approximately 15 per cent of the total labour force in Clare, as compared to about 7 per cent nationally.

“IDA has nine supported companies in Clare, employing 1,024, a provisional figure, in December 2005, 67 per cent of which are in Ennis. Employment in IDA supported companies demonstrated strong growth during 2005, growing by about 11 per cent in County Clare,” he said.

“In moving Clare to a more knowledge based economy, IDA Ireland is partnering with the educational institutions in the region, in developing the skill sets necessary to attract high value added employment in activities, such as research and development corporate services, shared services, supply chain management and treasury management.

Deputy Breen said he was “disappointed with the Minister’s response.”

“Ennis has huge potential in terms of jobs, but is becoming a dormitory town. No major foreign direct investment has come into Ennis for a number of years and I am worried about the whole jobs policy for Clare. There is no direction.”

However, Fianna Fail senator, Brendan Daly accused Deputy Breen of “obviously running out of issues to raise.”

“If anything, there are a surplus amount of organisations in Clare concentrating on bringing industry to the county. I can’t understand the motivation for Deputy Breen calling for a task force as the personnel in the likes of Shannon Development come with great calibre. The issue that does need clarity is who should lead the promotion of industry in the region and I believe that it should rest with Shannon Development.”

ALL of Clare’s indigenous traveller families are now being housed in accommodation provided by Clare County Council, after a traveller family decided to move into a council-provided site at Ballymacraven, Ennistymon.

The family decided to move into the contentious site after the council fulfilled its obligations, as set out under an agreement reached by both parties in the High Court last November.

The family had previously objected to moving into the site, which is also occupied by three other families, on the grounds that the sanitation facilities were inadequate and posed a health risk and that the site was too small.

One member of the family had suffered from serious health problems and doctors had advised Clare County Council. The council brought legal proceedings against the family, compelling them to move in to Ballymacraven after they had refused to.

Under the terms of the High Court agreement, the council agreed to expand the area of allocated living space and to provide new living quarters. The council also agreed to install more toilet facilities on the site, when objections were raised over the site’s original sanitation system, which only allowed for three metal container toilet/kitchen/shower units to be used by four family groupings.

Heather Rosen, a friend of the family, said that while they were grateful to the council for upgrading the site, they were sad that were being forced to abandon their traditional way of life. She added that there were still a number of issues that needed to resolved.

“There is a need for signage on the road, as there is still a lot of traffic passing down by the site. The spiked fencing around the site is very dangerous for children playing around there. There is still work to be done,” she said.

A spokesperson for Clare County Council stated that the council had carried out all the work as requested by the High Court agreement and that while the issue of road signage didn’t fall under the terms of the agreement, the council would “look into it”.

“An independent assessment of the site has also been carried out and it was found that all the improvements had been carried out in the right order”.