Month: June 2006

A NUMBER of Ennis taxi-drivers are at the forefront of an “army-deafness” style legal action against the Government to secure millions in compensation over the deregulation of the industry.

Prior to deregulation in 2000, the most expensive taxi “plates” in the state were being sold in Ennis because the local taxi market was restricted to just 20 taxi-drivers.

In the previous year, a local man bought a plate for €150,000, while others purchased plates for €142,000 and €135,000.

However, as a result of legislation introduced by former Progressive Democrat Minister, Bobby Molloy, any person could enter the taxi market by purchasing a plate for €6,500.

Six years on, Ennis has 116 licensed taxis. One of the original 20 taxi-drivers Paul Kelliher is among the local operators who has been contacted to join the legal action.

The Ennis man purchased his plate for €92,000 in 1996 and is confident the legal action will succeed.

“You could buy a decent house in 1996 in Ennis for €60,000. When we purchased our plates, we were investing in our futures and our pension and that was wiped out overnight and we are hoping to be re-imbursed. Natural justice would suggest that what was done was wrong.”

“Deregulation is not the issue – restrictive entry enforced by the Government was and is wrong. Allowing entry at very little cost, thereby wiping out the investment made by existing operators, is at issue here. If the government had issued licences at a cost to reflect value, existing taxi drivers would not be aggrieved nor would a legal challenge be now pending.”

“No single group of self-employed businessmen had ever been isolated and destroyed as quickly and effectively.”

“All these operators converge on the only taxi rank in Ennis to ply their trade. Ennis Town Council has got a windfall of €624,000 in licensing fees since deregulation and their only response has been a proposal to move the existing taxi rank to a ‘back-alley’ location in possibly the most dangerous location in Ennis, at the Parnell Street car park.”

He said that Limerick legal firm, Mc Mahon O’Brien Downes has been in contact with him on the issue of instituting proceedings – the firm was one of the highest earning firms in the legal actions taken against the Government over the army-deafness cases.

A MAN who had a gripe with a priest over a book he wrote, shouted obscenities outside another priest’s house late at night.

Joe Cullinan (57), of 6, Elm House, Shannon – a writer of books and poetry – appeared before Shannon District Court, facing criminal damage and public order charges, following two separate incidents.

Sergeant Michael O’Connell told the court that Fr Colm Hogan complained that the front window of his house had been broken during the night of March 18.

He said the accused was seen shouting in the area, calling the priest a “Tipperary f*****.” The incident took place at around 11pm.

“He admitted that he was very drunk and was shouting, roaring and calling the priest obscene things. He said he had no fault with Fr Hogan but he had with another priest,” said Sgt O’Connell.

Relating to a separate incident, Garda Chris Lanney said the accused banged on the front window of the porch of a house, at around 1.30am on December 27 last.

He broke the porch during the incident and verbally abused the occupant of the house.

“He called the occupant a f***ing c*** and a b****. It is an ongoing thing between the occupant and the defendant. A friend of his lives next door,” said the garda. The court was told the accused, who has a drink problem, agreed to pay €450, in respect of the criminal damage to the porch.

Mr Cullinan, a separated father-of-two, writes books and poetry on Clare, which he sells to tourists. He was in dispute with a priest in relation to one of his books.

Defending solicitor Rachel Dobson said both matters related to alcohol and her client had never been in trouble before.

Judge Joseph Mangan noted that €450 damage was caused on one occasion and €40 on the other and heard that no compensation was in court.

“If someone has a dispute with a neighbour, there is a right way and a wrong way to go about it,” added the judge.

He adjourned the case for a week, remanding the accused in custody with consent to bail.

Referring to the compensation, he said, “I don’t expect him to have all of that next week, but I’m certainly not going to wait another six months.”

He ordered that a Probation report, with specific reference to alcohol abuse and anger management, be carried out.

A LAKE popular with tourists has been closed due to the outbreak of a toxic algal bloom.

Clare County Council has erected signage around Lake Inchiquinn advising people not to enter the lake after an outbreak of blue-green algal bloom. The council took the measures after a dog which had drank water from the lake died. Another dog, which had also been in the lake, fell seriously ill but recovered soon after. The dogs were owned by two English tourists who were visiting the Corofin area last Saturday, June 3. When the incident occurred, they took the sick animal to an Ennisbased vet. Signs were subsequently erected by the county council on the Monday following the incident.

THE young man killed in a road accident in Kildysart in the early hours of yesterday miraculously survived a crash which claimed the life of his girlfriend almost two years ago.

Stephen Corry (21) was killed when his black Honda Civic hit a wall in Kildysart village at 2am yesterday (Monday). He was on his way to his home at Moyfadda, Labasheeda, when the tragedy struck.

Stephen, the eldest son of Michael and Vera Corry and brother of MJ, had socialised with friends in Ennis and Kildysart in the hours leading up to his death. He is understood to have given a lift home to a friend, before bidding other friends farewell at The Square in the village. Minutes later, he hit a wall to the front of a house, adjacent to the Community Centre on Main Street.

Stephen is the fifth person to die in road crashes in Clare since the start of the year. All of the fatal accidents have occurred on Mondays.

A sticker with the words, “God is my co-pilot” was fixed to the back windscreen of the car he cherished.

Stephen was the driver of a van which was involved in a tragic accident 22 months ago, which claimed the life of his then girlfriend, Brigid O’Brien from Coolmeen.

On that occasion, Stephen was driving his Berlingo Van when he collided with a bullock at Tiermaclane, Ennis, at 10pm on August 14, 2004.

Stephen attended Brigid’s inquest at Ennis Coroner’s Court last October, which heard that he did not realise he had hit an animal until he got out of the car and saw the bullock lying on the grass.

A FAR CRY from last year’s downpour where the crowds ran to the pubs to avoid the rain, this year visitors to the Doonbeg Jazz Festival had to be enticed inside from the beaming sunshine by the banjo, trombone and trumpet.

Thousands of people descended on the long village at the weekend to enjoy the festival which is now in its seventh year.

Launched by the Deputy Polish Ambassador, Dr. Jacek Rosa, on Friday evening, jazz music accompanied the sunshine and the crowd throughout the weekend.

AN OFFICIAL report which gives bathing waters in Clare the thumbs up has been welcomed by the county’s mayor.

The EPA’s Bathing Water Quality in Ireland Report 2005 has found Irish bathing water quality to be among the highest in Europe with 96 per cent of bathing areas assessed in full compliance with European Standards.

In Clare, 100 per cent of bathing waters assessed complied with EU minimum standards including all the top summer holiday spots such as: Ballyallia Lake at Ennis, Ballycuggeran, Bishopsquarter, Cappagh Pier at Kilrush, Fanore, Kilkee, Lahinch, Mountshannon at Lough Derg, Spanish Point, White Strand at Doonbeg and White Strand at Miltown Malbay.

Despite meeting these EU standards, a slight reduction in bathing water quality was registered at Ballyallia Lake at Ennis.

The news was welcomed yesterday by the Mayor of Clare, Pat Keane (FF).

“We are delighted to hear this news. It is an indication of how hard the county council has worked for many years to get this result. Now the hard work has paid off – we have the bathing water up to the required standard and we want to keep it there,” the mayor said.

Nationally, a total of 131 designated bathing areas, both seawater and freshwater, were monitored by local authorities throughout the 2005 bathing season.

Commenting on this year’s bathing quality results, Gerard O’Leary, Programme Manager, EPA said: “The EPA are pleased to report that Irish bathing waters remain at a good standard not least in Clare where all but one bathing area assessed complied with both EU minimum mandatory standards and stricter guide values”.

“However, nationally there is a mixed picture with improvements in some areas and deterioration in others. A notable finding in the report highlights the positive effect of wastewater treatment facilities on bathing water quality reflecting the need to invest in treatment facilities in areas of deterioration.”

A total of 131 beaches around Ireland were assessed for compliance with two sets of EU standards: minimum quality standards and more stringent EU Guide Values. The key findings are that: • 126 of the 131 bathing areas (98 per cent) complied with mandatory EU standards. 128 bathing areas complied in 2004. • 191 of the 131 (91 per cent) bathing areas complied with the much stricter EU guidelines standards. 115 bathing areas complied in 2004. • Five bathing areas out of the 131 failed to comply with mandatory EU standards.

CLARE County Council’s summertime ban on dogs at beaches was being openly flouted within one hour of coming into force at the county’s most popular beach last Thursday.

Dog-owners face fines of up to €1,270 if found on the beach with their dog between 11am and 6pm each day as part of the beach bye-laws introduced across Clare’s beaches on June 1. The ban extends to dogs kept on the leash.

However, at sun-drenched Lahinch last Thursday, the council had yet to erect any signs informing people of the new bye-laws. There were no officials patrolling the beach in the early afternoon to catch anyone in breach of them.

Dog-owner Michael O’Halloran travelled from Clooney in east Clare on Thursday to bring his two labradors for a walk on the beach.

“I have bought two new leads for my two dogs today and I have been told that I can’t walk them on the beach.

“I think it is ridiculous. It doesn’t make any sense. I intend to bring them on the beach. It is a crazy law,” he said.

Carlow woman Evelyn Carroll was on Lahinch prom with her cocker spaniel, Wally.

“A total ban on dogs? What is the world coming to? Ah my God. A curfew? It’s lucky they don’t smoke. What next?” she asked.

Ms Carroll vowed that she would break the new bye-laws.

“It is a beautiful day. I’ll definitely be walking Wally on the beach. I love breaking rules, living on the edge.”

Unaccompanied dogs were also seen on Lahinch beach in the first hours of the ban.

However, the new council ban won the support of mothers of young children at Lahinch.

“I would be very much in favour. My two youngest are scared of dogs and it upsets them to see dogs bounding about.

“My children were building a sandcastle yesterday and a dog fouled nearby with the owner carrying on and he had to be asked to clean it up,” said mother-of-three Sophie Coughlan, on holidays from the UK.

“In the UK, people are very good about scooping, but dogs wouldn’t be banned on the beach.”

“I would be in favour of the new law because I would be very anxious when stray dogs come close to my children. It is not safe,” said mother Jane O’ Shea.

Opposed to the outright ban, Cllr Joe Carey (FG) said if Clare County Council enforced existing laws, there would be no need to introduce the dogs ban.

Cllr Carey said that it was open to the council to enforce the Control of Dogs Act 1986 and 1992 and the Litter Pollution Act 1997.

“There are old signs at Lahinch warning people that they face fines of up to €1,270 if they don’t have their dog on a lead on a beach.

“As far as I’m aware, no-one has ever been fined for having their dog off the lead in Lahinch.

“It is the responsible dog owner that is losing out.

“No-one wants to see any dog fouling or running loose and if the existing laws were enforced, there wouldn’t be the need for this new law which has the potential to damage Clare’s tourism industry if not handled properly.”

However, chair of the Council’s Environment Committee, Cllr Patricia McCarthy (Ind), said that those people flouting the law were doing all dog owners a dis-service.

“The council is introducing a softly-softly approach at the moment by making people aware of the new laws, but those that flout the laws will be fined.

“There is a silent majority in favour of the new dogs ban and they are hoping that it will be a success,” she said.

Cllr McCarthy said that signage relating to the new laws would be erected on Clare’s beaches at the weekend and that gardaí could now also be called if dog-owners persisted in taking their dogs onto the beach during the prohibited times.

THE battle-lines have been drawn as a campaign to prevent the erection of an ESB mast gathers momentum.

Residents attempting to prevent the ESB installing a 30 metre high mast at one of its substations at Cahercalla More, are to take their case to the High Court.

The first legal steps have already been taken, with solicitors acting on behalf of residents seeking to appoint a barrister who will apply to the court for a leave of appeal that will kick start the legal battle.

The controversy has rumbled on since An Bord Pleanála overruled the decision of its own inspector, and that of Clare County Council, to grant the ESB permission to erect the 80 foot high telecommunications mast.

The board’s inspector had strongly recommended against the move, saying it would set an unwelcome precedent in the town.

The proposed site sits in the middle of a densely residential area. The Eire Óg GAA grounds and Cahercalla Hospice are also located nearby.

Residents must finance their action from their own pocket, because Ennis Town Council opted not to pursue a judicial review on foot of receiving legal advice. The locals could incur costs in excess of €80,000, but are determined to fight on.

Spokesperson Noel Mulhaire says that residents living in nearby Riverview have given their support to the campaign.

“Our solicitors have been working over the past week and we have started legal proceedings. It will be expensive and we are going to have to pay the costs, but there is no way we can let this thing go ahead. We have got good support from locals living in Riverview and we have to try and continue to raise money.”

Since the decision by Ennis Town Council not to pursue legal proceedings, there has been no contact between locals and the ESB. Mr Mulhaire says confidence is high that the mast can be stopped.

“We have received good support from councillors, TDs and members of the Oireachtas. We have received strong legal opinion that it couldn’t go ahead and that An Bord Pleannala’s decision to overturn the inspector was outside their jurisdiction. By going down the judicial process, we hope that it can be stopped”

The campaign has also received support from the Rossport Five. Mr Mulhaire said that plans for a protest march were being discussed.

A BID to build the world’s biggest number of sandcastles and enter into the Guinness Book of Records is being made in Oranmore, County Galway next week.

Following the official opening of the Marine Institute’s new headquarters next week by the Taoiseach, Bertie Ahern, a monster “Pirate Party” and Family Fun Day will take place on Sunday June 11 to celebrate World Ocean Day and to uncover some of the treasures from Ireland’s 220 million acres of ocean territory.

The event is part of celebrations right across the globe to highlight awareness of our oceans and, in particular, is twinned with the World Oceans Festival in Tramore, where the Marine Institute is sponsoring a Guinness Book of Records sandcastle-building competition. The Pirate Party casts off at 11.00 am and finishes at 5.00 pm in the new building at Renville, Oranmore. Admission is free.

Instead of a ship, the buccaneers have pirated a 45-meter long marquee that will be crammed with displays and demonstration tanks. Lectures will take place in the main auditorium of the building.

The Eilis Dillon award went to Snake’s Elbows by Deirdre MadA BOOK based on the folklore of

den, who was presented with a glass Clare has won a children’s author

sculpture and a cheque for €3,000. the €6,000 Bisto Book of the Year

Bisto Honour Awards were preAward for a record fourth time.

sented to Oliver Jeffers for Lost and Kate Thompson collected the gong

Found , Kevin Kiely for A Horse for her book, The New Policeman,

Called El Dorado and Eileen O’Hely and the sponsors of the competition

and Nicky Phelan, author and illushave decided to retire the perpetual

trator of Penny the Pencil . trophy by presenting it to her.

Also short-listed for this year’s The New Policeman tells the sto-

awards were Eoin Colfer for ry of a teenage boy, JJ, making the

, Gillian crossing into the fairy world to try

Lobel and Adrienne Geoghegan, auto buy time for his busy mother and

thor and illustrator of Fancy That , the judging panel said it manages to

Oisin McGann for Under Fragile “raise many complex issues about

Stone as well as Dairne Ni Dhonnchu the past and present but in a seem-

and Maria Murray, the author and ilingly effortless way.”

lustrator of Briona ag BrionngloideThe young hero hails from a long

ach along with John Quinn for Bill line of traditional fiddlers and is on

and Fred . a mission to get his mother some ex-

Almost 165 primary and secondtra time for her birthday. But as he

ary schools took part in a reading progresses on his quest, he discovers

scheme where they choose the overa disturbing family secret.

all winner. The action is divided between East

“It has been a privilege to partner Clare, Kinvara and Tir na nOg.

with Children’s Books Ireland since Galway-based Thompson was pre-

the inception of the awards and now sented with the trophy and a cheque

as we retire the perpetual trophy to for €6,000 by Education Minister,

Kate Thompson, we are looking Mary Hanafin and the chairman of

forward to working together on the the judging panel, Damien Kiberd.

further development of the awards,” Sponsors of the competition, RHM,

said RHM Ireland marketing mansaid a new trophy will be commis-

ager, Paul MacGabhann. sioned for next year. She previously won the award for her books, The Beguilers The Alchemists Apprentice and Annan Water .