This article is from page 12 of the 2006-07-18 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG
THE court battle between traders, musicians and Clare County Council over the local authority’s attempts to evict the two groups from the Cliffs of Moher has moved a step closer.
Twelve of the 19 traders and musicians have written to Ennis Circuit Court to state they will be making an appearance to defend the council’s action.
One of those who has written to the court, Tony O’Leary, states that he has been busking at the Cliffs for the past 29 years.
Mr O’Leary said that he busked on a casual basis at the Cliffs between 1977 and 1989 and busked full-time from 1989 to 2006. He wrote that he would defend his right to busk as it is based on a very old tradition dating back to Cornelius O’Brien.
Mr O’Leary said that he could play the concertina, flute and tin whistle to a very good standard and quality. He said: “I am willing to be assessed by a professional musician if necessary.”
Others to formally give notice that they will be defending the action include Paul Dooley, Gerry Cahill, Tina Morrissey, James Considine, Richard O’Halloran, Paul O’Dwyer, Tony Anderson, Stephen Dodd, Thomas C Coyne and Michael Galvin.
“We are very confident that we have a strong case, on a number of grounds: that there is precedent there, there is a public right of way, the length of time we are there without any objections and the public support we have,” Gerry Cahill told The Clare People yesterday.
“The survey by The Clare People shows that there is overwhelming support amongst members of Clare County Council.”
The case is not due to be heard until the next sitting of Ennis Circuit Court in October ahead of the council opening the new centre in the first quarter of 2007.
The council’s Project Director, Ger Dollard said that the proceedings were been taken in order to end “the free for all” currently in place at the Cliffs. “We want to start with a clean sheet,” he said.
Last month, Mr Dollard added: “At the moment, it is really is a free for all and people can take up a tin whistle and go up to the Cliffs of Moher and start busking.
Mr Dollard said that busking was a positive activity and that a panel was to be established to carry out the auditions.