Month: May 2006

DOG OWNERS face fines of up to €1,270 if they allow their dogs roam Clare’s beaches from this Thursday.

The ban on dogs – which also applies to dogs kept on the leash – will be in place from June 1 to the end of August, between the hours of 11am and 6pm

It has emerged that Clare’s Dog Warden, Frankie Coote won’t be available to enforce the ban at weekends, when the beaches are likely to be busiest. Mr Coote, who originally floated the idea of banning dogs, only works from Monday to Friday.

Instead, gardaí and lifeguards will be deployed to enforce the regulation, according to a Clare County Council spokesman.

He said that there would be a “softly-softly” approach at first, with the emphasis on education.

But, those dog-owners found accompanying their dogs during afternoons on Clare’s most popular beaches, including Lahinch and Spanish Point, will face on-the-spot fines of €125, or fines of up to €1,270 if their case goes to court.

“I hope the beach by-laws will make a difference. It is now down to the members of the public to act responsibly on the county’s beaches,” said Mr Coote.

The ban comes despite opposition from the Irish Society for Prevention of Cruelty to Animals (ISPCA) and international bestselling author, Nuala O’Faolain to the move.

In a submission, ISPCA General Manager, Mark Beazley urged the council to leave a section of each beach accessible to dogs on a year round basis, marked out by wooden posts, or signage.

In her submission, Nuala O’Faolain who owns a house near Lahinch offered similar views to the ISPCA.

“It seems a pity to prohibit families and visitors the company of their dogs. Couldn’t part of the beach be designated dogs allowed?”

Ms O’Faolain also questioned the data behind alleged attacks by dogs on beachgoers.

Councillor Joe Carey (FG) described the new law as “a draconian measure”.

“The council may come to regret the decision as Clare is a tourist county and the ban on dogs is not a family friendly policy. We were told that they will be reviewed, but once they are introduced, they are difficult to reverse.”

FAMILIES of undocumented Clare people living in the United States are being urged to attend a public meeting on the issue in Ennis on Thursday night.

The gathering is poised to boost support for the campaign for the thousands of undocumented Irish people living in the States.

According to Senator Timmy Dooley (FF), who has organised the event, the aim is to put together a catalogue of individual stories which may help to explain the difficulties being experienced by the families of the undocumented.

He is asking families at the centre of the issue to turn up and outline their stories.

“Personal details are not required and supporters can remain anonymous,” he said.

“This is an extremely serious and emotive issue for families who have sons or daughters, relatives or friends unable to return home for family weddings and funerals in fear of losing the life they have built in the USA,” said Senator Dooley.

“On the basis of the number of people who have contacted me, there should be a good turnout,” he added.

Deputy Tony Killeen (FF), who organised a similar meeting last year, said up to 100 Clare people living in the States cannot return home.

“There are between 80 and 100 people who really cannot come back and there are at least as many others who could come back. It does look positive for people who have lived there for more than six years, but you would be surprised at the number of people there less than six years,” he said.

Last week, the US Senate backed the Kennedy/McCain Immigration Bill, which would give more rights to the undocumented people living in the States. This has yet to go before the House of Representatives.

Fine Gael Emigrant Affairs spokesman Paul Connaughton, who led a delegation to the States last year to highlight the issue, said several Clare families are waiting for developments on the issue.

“2006 is the big year. It was felt since last year that if it didn’t happen by next December, there would be huge problems for all our emigrants in America,” added the Galway deputy. NEXT Thursday is D-Day for a series of new by-laws covering most of Clare’s best-known beaches.

Officials from Clare County Council have met with senior gardaí to discuss how the new laws will be implemented.

They apply to the beaches at Bishopsquarter (Ballyvaughan), Fanore, Doolin, Trá Leathan (Doolin), Lahinch, Whitestrand (Miltown Malbay), Spanish Point, Doughmore (Doonbeg), Whitestrand (Doonbeg), Carrigaholt, Brew’s Bridge (Kilrush), Ballycuggeran (Killaloe) and Mountshannon.

They’re intended to prevent littering, lighting of fires, removal of beach materials and protected species and what’s being termed as “nuisance”.

The laws also control the bringing onto and parking of vehicles on beaches, camping on beaches, trading, control of animals, commercial filming, and regulation on the use of motorised craft and of water sports activities.

THIS weekend’s road safety campaign will come amid revelations that the number of drivers arrested on suspicion of drink driving has risen by one-third.

The drink driving figures, up until yesterday (Monday), show that 156 drivers have been arrested for the offence in Clare, since the start of the year. This is an increase on 118 for the same period last year.

Nine people were arrested in Clare for drink driving over the past weekend – six of those were in Ennis and three in west Clare.

This weekend the Garda Road Safety campaign will get underway at midnight on Thursday, until midnight on Tuesday next. It will focus on drink driving, speeding, seat belts, while pedestrians and motorcyclists will be centre focus.

The head of the Clare Garda Division Traffic Corps, Inspector Moynihan said drink drivers will be caught.

“Research shows that all alcohol impairs. Alcohol is the primary cause of 25 per cent of all road collisions and 33 per cent of fatal collisions,” he said.

“Exercise appropriate care at all times, particularly when overtaking or turning right on busy roads. Allow adequate time for your journey, taking into consideration heavy holiday traffic,” he added.

Gardaí are advising drivers to be particularly careful at night-time, when the majority of serious crashes occur. Seventy per cent of drink driving incidents occur between 10pm and 4am.

The traffic corps in the county is to be extended within weeks, as part of a nationwide expansion of the unit.

CLARE TD James Breen has ruled out any alliance with his independent Dáil colleagues in the run up to the General Election.

The Kilnamona man told The Clare People, “I am an independent candidate and I am staying that way.”

He said he was happy with his power as an independent parliamentarian and was staying that way.

He said he had been preparing for the forthcoming General Election since he was first elected in 2002.

“Every Saturday I go door to door covering every village in Clare. I will continue to do that up to the close of the polls in the next General Election,” the former Fianna Fáil councillor said.

Ten independent TDs, along with 15 independent councillors, are proposing to set up a team to do battle with the bigger parties in the election. They predict this will put them in a stronger position, when the public go to the ballot boxes next year.

The alliance is already drawing up a “mini-manifesto” based around policies such as health, crime and education.

Believing independents will be in a strong position after the election, they hope to negotiate with other parties to form a government, should the balance of power allow it.

In the 2002 election, independents won 16 of the 166 Dáil seats, while 89 independents were successful in the 2004 council elections.

AN Bord Pleanála has granted permission for a 30-metre-high mast for the ESB at Knockanean, on the Tulla Road, Ennis.

They have cited, in their ruling, the decision to grant permission to another ESB mast at Cahercalla More, near the Eire Óg GAA grounds. That mast is at the centre of a major local controversy.

Noel Mulhaire who has campaigned against the erection of the ESB mast at Cahercalla More, said the latest decisions marked a worrying development.

In both cases, the planning appeals board over-ruled Clare County Council.

In the case of Cahercalla More, board members rejected the recommendation of their own inspector, who warned that granting permission would set a precedent for similar development in urban areas.

It has emerged that Ennis Town Council does not plan to seek a judicial review of the permission for the 80-metre mast at Cahercalla More.

In a bitter blow to campaigners, the council says that on foot of legal advice it will not pursue the review.

Objectors had hoped a legal challenge could be mounted as the proposal contravened Environmental Policy Five of the Ennis and Environs Development Plan.

But campaigners have vowed to fight the decision. They say the original notice of planning permission for the mast was invalid.

“We were particularly disappointed that Ennis Town Council didn’t take the case,” said Mr Mulhaire.

Locals will meet this week to discuss whether to mount their own costly legal challenge.

“It’s going to be costly but we are not going to stop fighting. We will get legal opinion, but funding is a major issue.

“The original planning permission for the mast was invalid.

“The notice went up at the site on June 3 (2005) and must be maintained for five weeks until July 8, but was taken down after three weeks.

“There are four letters dated July 6 on file with the planning office, pointing this out”.

Residents living close to Cahercalla strongly expressed fears the mast would pose a serious health risk to children living in the area.

THE actions of two of Clare County Council’s completely undermines the planning system in Clare, according to Cllr Brian Meaney (GP).

He claimed that Senior Executive Planners Brian McCarthy and Liam Conneally, ignored professional reports and the Development Plan to grant planning for a one-off home near Lemanagh Castle.

“I have reviewed the file and the implications of their actions are very worrying and it makes responsible representation worthless,” said Cllr Meaney.

“Here is an instance where management has turned everything on its head and the rule book has been thrown out the window and we need to know why.

“There is a need for decisions to be made in a recorded and transparent way so that they can be tested properly.

“But that hasn’t been done in this case and the hundreds of people who are either refused or don’t apply at all because of the local rule, will be very frustrated when they see this case.”

An Taisce has appealed the decision to An Bord Pleanála.

The organistion points to the refusal recommendation by both the area planner and by the conservation officer.

Planning was subsequently awarded following the intervention of the Senior Executive Planner.

“There is a lack of transparency in establishing the circumstances in which this occurred and whether this was as a result of the initiative of the Senior Executive Planner or any managerial intervention,” according to An Taisce.

“Whichever was the case, the manner in which this intervention occurred is not based on any memo or considered deliberation which is available for consideration on the planning file.”

Asked to comment on the decisionmaking around the file, the Director for Planning, Bernadette Kinsella, said that she was unable to comment on the planning application as it was currently before An Bord Pleanála.

Senior Planner, Liam Conneally, said, “I understand that the file you refer to is on appeal to An Bord Pleanála. Clare County Council’s response to the grounds of appeal will be made in the normal way, that is, through the appeal process.”

A decision is not expected in the case until September.

WHY two of Clare County Council’s most senior planning officials apparently ignored professional advice to grant permission for a contentious development near the 17th-century Lemenagh Castle in the Burren, was the centre of controversy yesterday. Last year, plans were lodged by the Council for a one-off home by Anna Maria Murphy to be located between Lemenagh Castle and an area containing 27 recorded monuments.

Two previous applications for a home at the site were withdrawn in 2005 by Ms Murphy, with the second application withdrawn after the planner in the case had recommended refusal.

In response to the third application in one year for the site, the Council’s Conservation Officer, Risteard Ua Cronin, “strongly recommended” that planning permission be refused, due to the “importance of this archaeological landscape and the potential to do irreparable damage to the existing monuments and visual amenity and to set an unwelcome precedent for development in the vicinity of Lemenagh Castle and its unique 17th century house”.

Mr Ua Cronin said, “The provision of another new, modern house so close to these complexes would seriously impact on the monuments both visually and archaeologically.”

The area planner in the case recommended that planning be refused on four grounds. Firstly, that Ms Murphy didn’t meet the criteria in the Council’s ‘locals-only’ policy. Secondly, that the proposal would be visually intrusive. The third point was the unacceptable risk to ground water protection and the fourth the impact the development would have on Lemenagh Castle.

However, the reports by Mr Ua Cronin and the area planner are swept aside in a hand-written note on file by Senior Executive Planner, Brian McCarthy.

Mr McCarthy disagreed that there would be significant negative impact on the visual and archaeological setting of Lemenagh Castle.

The issue that Ms Murphy didn’t meet the criteria was cast aside by Mr McCarthy.

Mr McCarthy then requested the area planner to prepare conditions for a grant to Ms Murphy. The council then granted planning permission, ruling that it would not seriously injure the amenities of the area having regard to the rural nature of the site, the intended use of the proposed building, the policies of the Clare County Development Plan.

AN EXTENSION to the Burren National Park is one of the measures that the County Clare Tourism Forum is demanding in order to boost the local tourism industry.

The forum’s members warn that “physical access to and within County Clare is a key requirement for future tourism development in the county”.

They also want resources be allocated to provide a pilot bus transport service from Shannon Airport to service a “Circle of Clare” tourist route.

In a submission to Government as part of the consultation for the National Development Plan 2007-13, the Tourism Forum states that the extension of the National Park and the creation of woodland parks in Clare “would have significant benefits from a tourism, quality of life, conservation and landscape management perspective”.

The members say that expanding the park and creating woodland parks, “would mean that the most outstanding landscapes of Clare and Ireland would be owned by and made available to the nation”.

Their submission states that high quality access to all parts of the county is of fundamental importance to the future of the tourism industry of Clare.

“Visitors landing at Shannon Airport need to be provided with a regular countywide bus service option from the airport terminal. The development of a Transport Service Management Plan for the County including the provision of a necklace of Park and Ride facilities tied in with road, rail and air transport modes countywide is necessary.”

Against the background of the decline of farming, the forum states that if Clare “is to tap into this niche tourism market, walking routes in the county, i.e. the Burren Way, East Clare Way and Mid Clare Way and current proposed extensions thereof, need to be established in a formal way and not just at the goodwill of the landowners involved.”

“The Clare Tourism Forum propose that a pilot programme of funding be put in place administered by existing agencies, i.e. CDB’s, Leader etc. to formalise established walking routes and to properly compensate the landowners affected.

“The tourism industry of Clare is dependent on the high landscape quality of the county.

“Changes in agricultural practices and sustained development pressure from a rapidly growing and affluent economy have implications for the county’s landscape.

As agriculture declines as a source of employment, the importance of rural tourism increases.”

BUSINESSES in Ennis have been warned not to give in to requests for money, after at least two companies received letters from cybersquatters.

The owners of the Belleek Shop and the Temple Gate Hotel were sent letters, asking them to hand over €2,100, in exchange for ownership of a .eu domain.

The letter was sent to the businesses last week, from a company, entitled Domainguard Ireland, which stated that it was based close to Ennis.

The letter, signed by a woman, and seen by The Clare People , stated that the importance of having a .eu website could not be “overestimated.”

It suggests companies stand to make a huge saving and avoid legally complex processes, by coughing up the €2,100.

“The problem with open registration is that someone could register your site and then either sell it on the open market to someone, at an average price of €7,500 or worse, they can put damaging items on it and force you to buy it back for many times that amount,” said the letter.

“We are a Clare-based company and we secured many .eu sites so that we could guard them and safely transfer them back to their owners without any massive payouts or any court proceedings,” it added.

Managing Director of The Belleek Shop, Ronan Cahir said he was “disgusted” to receive the letter and has no intention of paying the money.

“There are two things we could do. We could go to court and fight to get it back, or we could succumb to the blackmail and pay the money.

“Anyone can purchase a domain name for €12.50, but they don’t have any legal right to use that name,” said Mr Cahir, who confirmed he has sought legal advice over the issue.

“If the .eu address is used or activated, we will take the corrective action through the courts,” he added.

He said he has operated under www.belleekshop.com for almost ten years and this has been to his company’s satisfaction.

President of Ennis Chamber of Commerce and owner of The Temple Gate Hotel John Madden – whose company binned the letter it received last week – said Ennis businesses must be vigilant.

“We have sent out an email to our 190 members (Chamber), asking them not to rush in and pay the €2,100. It would appear there are many of these sites being registered,” said Mr Madden.

The Clare People’s attempts to contact the mobile phone number on the letter proved unsuccessful.

THE director of Breast Check has said that the mammography unit currently being commissioned for Clare and the Western area is not suitable for detecting breast cancer in younger women. Addressing a meeting of the HSE Forum West Tony O’Brien said that the technology available was not suitable for screening premenopausal women.

According to Breast Check the incidents of breast cancer is lower in women under 50, and mammography is less efficient at detecting breast cancer in younger women because the breast tissue is denser.

“The onset of breast cancer is more aggressive in younger women so a screening programme would have to screen more frequently to be effective,” a circular from the national breast-screening programme explained. Mr O’Brien said that women with a family history of breast cancer should refer to their General Practitioner. Younger women are also likely to have more than one GP, who they attend for different reasons, making it difficult for the health service to track their history of breast cancer, he said. The Breast Check director said the service would be rolled out throughout the West including Clare during the last six months of 2007.

The 7,999 Clare women eligible to take part in the screening will then be called to visit one of the mobile units visiting their area every two years. Cancer is likely to be detected in an estimated 41 Clare women during the two-year cycle.

During the meeting Mr O’Brien heard the concerns of the councillors from the Western area, who said many women are walking around with breast cancer unknown to themselves due to the delay in rolling out the breast check service nationwide.

“I understand the cynicism and concern because I lived through that too,” he said. “We cannot deliver the programme more quickly that what I have outlined,” he added.

The director also warned that without a team of radiographers the mammography unit is of no use.

Breast Check is currently trying to recruit 36 radiotherapists for the west and south. Planning permission has been granted for a unit at the University Hospital Galway, which will accommodate both the Breastcheck base for the West and the existing symptomatic breast disease service in UCHG. In addition to its base in Galway, Breastcheck will have three mobile screening vehicles covering counties Clare, Tipperary North, Galway, Mayo, Roscommon, Sligo, Leitrim and Donegal.