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McNamara’s mistake was no accident

LABOUR TD Michael McNamara has admitted it was not an accident and that he agreed with the opposition’s amendment to the Protection of Life During Pregnancy Bill 2013, when he voted for it during the early hours of Thursday morning.

He said however that voting for the amendment on fatal foetal abnormalities was a mistake as it could have resulted in loopholes in the bill resulting in it falling, but not because he disagrees with the opposition’s proposal.

On reflection he maintains that he should not have voted for the amendment and it was a mistake due to its timing.

The Clare TD caused uproar during the late night, early morning sitting of the Dáil, when he voted against his own party whip on the amendment on the controversial bill just before proceedings were adjourned at 5am.

“At that time, I didn’t have time to appreciate the potential legal consequences of the decision if it had resulted in a change to the legislation. While the Bill as passed would, in my opinion, almost certainly be found to be Constitutional if referred to the Supreme Court under Article 26, the Constitutionality of a clause including fatal foetal abnormalities would be slightly less certain and under Article 26 an entire Bill is upheld or struck down. Therefore, to conclude the amendment would have been a mistake. Therefore, I realised my vote was a mistake,” he said.

“The government has said it is prevented by the Constitution from legislating for fatal foetal abnormalities. Yet it told the European Court of Human Rights in 2006, it would be Constitutional,” he said referring to the argument the Government made in the D versus Ireland case at the European Court of Human Rights in September 2005.

Miss D claimed her human rights were violated because of the lack of abortion services here. Her baby had been diagnosed with foetal abnormalities so severe it could not live outside the womb. The case was dismissed after the court ruled that the aggrieved individual had not brought an action before the Irish courts, therefore failing to exhaust all domestic avenues open to her.

“I want to see the issue addressed but accepted that would not be part of this bill and I voted with the Government as further amendments on the controversial abortion legislation were debated on Thursday evening, night and into Friday morning,” said Deputy McNamara.

Bernadette DEEGAN
, Ballymacahill, Barefield, Laid to rest in the Ireland Crematorium. May she rest in peace.

Kevin CARR
, 26 Clonbealy, Newport,Tipperary / Shannon. RequiemMass onTuesday at 11.30amat Newport Church, burial afterwards in Rockvale Cemetery Newport. May he rest in peace.

Teresa CARTER
, 30 McHughVillas, Ennis. Laid to rest in Romford Cemetery, Hollymount, Claremorris, Co Mayo. May she rest in peace.

Vera KELLY (née Hassett)
Ashview Court, Sixmilebridge/Ennis. Formerly of Drumbiggle Road, Ennis. Requiemmass on Tuesday at 11amat Sixmilebridge Church, followed by burial in Killeen Cemetery. Family flowers only please, donations, in lieu, if desired, to Milford Hospice. May she rest in peace.

Sean GARRAHY
, 53 College Green, Ennis. Formerly of Carnane Cross, Doolin. Peacefully at home. Laid to rest in the Holy Rosary Cemetery Doolin. Donations if desired to Doolin rescue or Milford Hospice. May he rest in peace.

John (Jack) MCMAHON
, Killenaugh, Carrigaholt. Peacefully at Regina House, Kilrush Laid to rest in Kilballyowen Cemetery. May he rest in peace.

Helen O’SULLIVAN (née Moloney)
, MeadowCourt, Naas, Kildare / Ennis.After a long illness. Helen will be sadly missed by her loving husband Denis, daughters Muireann and Caoimhe, mother-in-lawMary, sisters Mary, Teresa, Brid, Evelyn and Catherine, brothers Christy, Frankie, Paddy, Joe and Sean, brothers-in-law, sisters-in-law, extended family and friends. (Sister of the lateWillie, Martin and Michael, Flannan’sTerrace, Ennis.) Funeral Mass onTuesday after 10amMass at the Church of the Irish Martyrs, Naas to St Corban’s Cemetery, Dublin Road, Naas. May she rest in peace.

Patrick (Pat) DOWNES,
SteelesTerrace Ennis and Castle Park, Kilmihil. Laid to rest in Kilmihil. May he rest in peace.

Marion MACKENNA (née McHALE
), Drogheda/ Clare. Peacefully, at Our Lady of Lourdes Hospital, Drogheda. Laid to rest in Calvary Cemetery. May she rest in peace.

Darragh CURLEY,
Waterdale, Ballybroughan, Cratloe. Laid to rest in Craughan Cemetery. May he rest in peace.

Christina O’NEILL (née Kelly)
, Ballyline, Crusheen, Peacefully. Laid to rest in Kilawinna Cemetery. Donations, if desired, to Cahercalla Community Hospital. May she rest in peace.

Judith MCGANN
, Green Island Lodge, Ballyvaughan. Laid to rest in Ballyvaughan. Donations if desired in lieu to Milford Care centre. May she rest in peace.

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Nine-year legal battle has been ‘catastrophic’

A FORMER Clare doctor has said an expensive nine-year legal process against him has had a “catastrophic” effect on his life.

Paschal Carmody (65) walked free from Clare Circuit Criminal Court on Thursday after he was cleared of the outstanding charges against him.

It had been alleged that Mr Carmody obtained € 14,300 through falsely pretending that he could cure the cancer of the late JJ Gallagher of Kingswood, Mullingar, County Westmeath.

Counsel for the State, Stephen Coughlan, told the court that Mr Carmody would be relieved to hear that the Director of Public Prosecutions (DPP) had decided to enter a nolleprosequi in the outstanding charges against him.

Defence Counsel Lorcan Connolly BL said that concluded all matters against Mr Carmody.

The decision comes seven months after Judge Raymond Fullam directed that Mr Carmody be found not guilty on all nine charges of obtaining money from families of Wexford schoolboy Conor O’Sullivan (15) and Kilkenny man John Sheridan (57).

The charges related to the period 2001-2002 at the East Clinic in Killaloe.

Speaking to reporters after the brief hearing, Mr Carmody, with an address at Ballycuggeran, Killaloe, said the last nine years had been “stressful and expensive”.

He said, “It has been catastrophic. There’s no point in saying it hasn’t been catastrophic. It has been. Okay, I’m a strong man and I can carry it, but it was continuous. It was going on and on. It went on far too long. I will face a trial. I will face any charge and I can take my beating if I’m wrong. But to be taken through the courts three times on evidence that Judge Fullam said was so weak it would be dangerous to progress. I knew that from beginning but why or who or what motive was behind or who was behind it, I don’t know. There was some force behind it that wasn’t motivated by the right circumstances”

Mr Carmody also revealed that he had spent between two and three million euros legal fees since the process began.

Asked if the end of the prosecutions against him had restored his reputation, Mr Carmody said, “It will have to. I’m totally vindicated. I spent over 100 days in court in total. There was no conviction against me. There were 46 charges originally. Not one charge was proven so therefore I feel I am totally vindicated. My work was not in any way wrong. I feel I can now move forward and get on with my life.”

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Bord Fáilte criticised for lack of tourism signage

BORD Fáilte has refused to pay out for proper signage highlighting the tourism information point in Kilrush. That is just one of the many accusations levelled against the national tourism promotion body, who closed its two tourist offices in West Clare this year.

Instead it tendered for two private businesses to take on a Bórd Fáilte-supported Tourist Information Points, but Rebecca Brew the proprietor of Crotty’s in Kilrush who won the tender is not enamoured by the support to date.

She said that the information stand for the thousands of booklets and leaflets was inadequate and Bord Fáilte sent a plastic A4 sign to indicate where the information point was that was also inadequate.

The businesswoman added that Crotty’s was happy to provide the service and would purchase a sign “but the sad fact is we have four paid staff who are trained to provide information and we can’t get € 100 for a sign”.

Crotty’s staff were sent on information trips by the business and not by Bord Fáilte so that they could tell tourists about facilities all over Clare.

“We are doing the best in the capacity we have,” said Ms Brew.

Kilrush town councillor Tom Prendeville (FF), who has been critical of Bórd Fáilte’s support of West Clare tourism, said that he would sponsor one sign.

He criticised Bord Fáilte for closing the tourist office in Kilrush and Kilkee and insisting whoever took on the responsibility of the information point would take on all of the overheads.

He added that € 150,000 is given by Enterprise Ireland to the Dublin Horse Show every year but a € 100 for a sign in West Clare cannot be found.

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Man drove the wrong way nine times on roundabout with child in car

A FATHER drove a car the wrong way around a roundabout nine times in the centre of Ennis last year, ramming into vehicles including a Garda car, a court has heard.

Bernie McDonagh Snr (46) was the driver of the car that contained a 10-year-old boy strapped into a rear seat of the car. He crashed into three vehicles including a Garda car and attempted to run over three men who fled a Hiace van in terror.

Astonishing details of a violent public order disturbance that occurred at the Maid of Érin, Ennis, on October 14 (2012), were heard at Clare Circuit Criminal Court on Friday. The court was told that a garda was used as a human shield between a man and a 16-year-old boy carrying a hatchet. Martin Doherty grabbed Garda Martin O’Brien (Ennis) to use him as “shield” as the boy brandished the hatchet, the court heard. The teenager dropped the weapon after he was pepper sprayed.

The violence witnessed at the Maid of Érin last October was sparked by an alleged incident at a wedding in Ennis some days earlier. A garda has spoken of how her “life was turned upside down” after the reckless actions of the driver on the Maid of Érin roundabout, an incident she thinks about every day since.

“It was my belief that I was going to be seriously or fatally injured,” she told the court. Garda Marie Burke said in her six years as a garda she had never seen anyone behave in such a reckless manner, adding it was a “miracle” that nobody was killed.

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John Paul Estate regeneration plan gets back on track

THE regeneration of a Kilrush housing estate is back on track, after council officials met with a resident who raised concerns that his home would be devalued by the plans.

Last month the John Paul Estate resident told a meeting of Kilrush Town Council that the proposed Wilson’s Road entrance would pass directly beside his house devaluing the privately-owned family home.

He also raised concerns that the road would result in a lack of privacy for him and his family.

Due to these concerns the council agreed to suspend Part VIII approval for the plan, which meant the project would not get the green light from the members until the issue was resolved.

Kilrush town clerk John Corry said these issues have now been resolved after a meeting between the concerned resident, Mr Corry and a council planner.

It has been agreed to situate the footpath further from the home in question allowing for more privacy.

Mr Corry said the family are happy with this, and the council has signed of on the Part VIII.

Under the plan, which has gone to tender and a builder appointed, three houses on Elm Drive will be demolished to create an entrance to the council estate from Wilson’s Road.

This phase of the ongoing regeneration plan aims to open up the estate and remove more of the alleys at the back of some houses, which were encouraging anti-social behaviour.

The work is still subject to Department of the Environment, Community and Local Government funding, but Mr Corry said the council are very “hopeful”.

“The fact that we have received funding for the first and second phase, was are making the argument that we are brining it to completion,” he said.

“The department indicated that it is the most high priority case in the county.”

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Beachgoers urged to clean up their act

CLARE beachgoers have been asked to clean up their act, and council workers are providing more bins to help them do just that.

Clare County Council has employed additional resources to deal with the increase in litter that has resulted from what it calls ‘unprecedented’ visitor numbers to beaches such as Kilkee, Lahinch and Spanish Point.

The local authority says it is also installing additional, temporary bins along the length of the beach in an effort to minimise littering while litter wardens have been deployed to monitor littering activity. It is now urging visitors to Clare’s main beaches to take responsibility for their rubbish by bringing it home with them.

“Our beach is a fantastic resource for the wider community and it’s up to us all to ensure that we take home what we bring to the beach,” said Paul Moroney, Senior Engineer with Clare County Council.

“The council wishes to acknowledge those who have used the public bins to dispose of their litter. These bins are emptied regularly each day but often reach their capacity due to the unprecedented large volumes of visitors to the beaches. In Kilkee, we are finding that some people are dumping their litter along the seawall, on the beach or beside already full bins rather than bring their litter home with them. We are installing additional bins today to counteract the problem but would continue to ask the public to take responsibility for their own rubbish and leave nothing behind but their footprints,” he said. “Leaving or throwing litter in a public place is an offence that can be subject to an on-the-spot fine of € 150 or a maximum fine of € 3,000 if you are convicted of a litter offence in the District Court. Council litter wardens will take action where they deem necessary so we would advise the public to be wary of the law around littering. After all, indiscriminate dumping of picnic litter and other rubbish does not create a positive image for any beach or for local tourism.”

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No cash in budget to pay for Scattery bishop visit

BISHOP of Inis Cathaigh (Scattery Island) and Auxiliary Bishop of Brooklyn in New York Most Reverend Frank J. Caggiano, was not expecting to have to pick up his own tab when he was invited to a special ceremony on the 6th century monastic island early next month.

A representative for the bishop emailed Kilrush Town Council last week asking if the bishop would be reembursed for his travel expenses.

The council, who issued the in- vite last year, shortly after he was appointed bishop, agreed at this month’s meeting of the council that they did not have the funds to cover the costs.

Kilrush town clerk John Corry told the members that the email was sent from the bishop’s office as preparations were made to book his flights.

“We’ve had different receptions before and we haven’t had to pay expenses. I was proposing to reply on the basis that we certainly would be delighted to welcome him but that we don’t have the budget to cover that,” the town clerk told the members. All members were in agreement. Cllr Liam Williams (FG) said, “We look forward to his arrival and we’ll host a reception for him.” While Scattery Island no longer functions day to day as a diocese, the ancient title is bestowed on a newly ordained auxiliary bishop by the pope. On August 22, 2006, when Bishop Caggiano was ordained Auxiliary Bishop he was given the ancient Irish title. When he arrives on the island in August he will be the first bishop of Inis Cathaigh to do so in living memory.

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Meelick in shock at teen drowning

YOUNG people have been gathering all weekend to lay flowers and say prayers at a canal in Ardnacrusha which only days before was the scene of summer fun and merriment.

On Friday evening last the village of Meelick was shocked as news spread that popular local teenager Joe Kileen had drowned in the canal, which for generations of teenagers had been considered a dangerous rite of passage.

The 17-year-old who was described as “charismatic” and “upbeat” lost his life in the area of the canal known locally as “Head Race” while diving and swimming with a group of friends.

Just hours before the horrifying tragedy the ESB, who own the power station in Ardnacrusha that the canal serves, had warned against using the unguarded canal.

The eldest of a family of four from Kilavoher, Meelick, Joe attended St Nessan’s Community College in Limerick and before that the local primary school.

His former schoolteacher Cathal Crowe described the teenager as “a real up beat lad with great charisma. He had the biggest smile and wave when you would meet him.”

“I remember from school, he and his brother were tenacious and wiry soccer and football players. They were gifted and talented.

“He [Joe] was well liked by young and old in the community,” said the primary school teacher who is also a local county councillor.

“This tragedy has resonated with a lot of his age group. I would have taught a lot of his peers and they are all very shocked. The whole community is in shock. The life is gone out of the place. It has really hit home how fragile life is.”

Speaking about the area where Joe died, Cllr Crowe (FF) said it was almost a rite of passage for teenag- ers, an area that mothers have been warning their sons is too dangerous for generations. Unfortunately there have been several deaths there. Every generation can recall a tragedy in the canal,” he said.

“It is a beautiful amenity area in our community but we have to remember it is an industrial canal to service the power station and it is not safe for swimming. Right now is about laying Joe to rest, but this is something we must consider in the coming weeks,” he added.

Joe is survived by his heartbroken parents Marie and Pat (Douglas), younger brother Cian and younger sisters Jenny and Tara.

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Clare people paid €4.06m in 2012 household charge

A TOTAL of € 4.06 million has been collected from households in County Clare from last year’s household charge.

The € 100 tax per household proved controversial at the time, and has since been replaced with the property tax. The Revenue Commissioners have not yet provided an analysis by county of the Local Property Tax collected to date.

However Clare people have proved to be compliant with the former household charge with more than 80 per cent paying up.

Clare county councillor Christy Curtin (Ind) believes the Government should return money taken from the council coffers last year because just over 60 per cent of property owners had paid the charge.

The high compliance rate and the amount of money collected makes a good argument for the funding to be returned he maintained.

The General-Purpose Grant allocation from the Local Government Fund was reduced by € 243,631 in July 2012 as a penalty set by the Department of the Environment, Community and Local Government.

This reduction was based on the level of household charge compliance achieved up to July 2012. This adjustment was confirmed by the Department of Environment, Community and Local Government in September 2012.

The household charge introduced in 2012 has been replaced by the Local Property Tax, which became operational on July 1, 2013, resulting in a half year Local Property Tax charge in 2013. A full year charge will apply from 2014 onwards. In 2013 there is not a direct allocation to Local Authorities from the Local Property Tax.

Niall Barrett, Head of Finance at Clare County Council, said the Minister of Environment, Community and Local Government has indicated that of money collected from Local Property Tax in 2014, 80 per cent of the amount collected for a county will be remitted to the local authority where the tax is raised.

“The remaining 20 per cent of the tax collected nationally will be redistributed on an equalised basis to local authorities within the context of the annual allocations of the General Purposes Grants,” he said.

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Sites identified for covered market in Ennis

ENNIS Town Council is to press ahead with plans for a significant face-lift of the Ennis market area.

A covered market will be placed in Garraunakilla the cur rent home of the Ennis Farmers’ Market. The second phase of the plan will see a covered market style development in Barrack Street.

The council is to proceed with a Par t VIII planning repor t for the re-development of both areas after a majority of councillors at yester- day’s meeting of Ennis Town Council spoke in favour of the proposals.

It comes after a report by architect Richard Rice identified a car park off Lysaght’s Lane in lower market street as the prefer red star ting point for the re-juvenation of the market.

However councillors yesterday expressed opposition to the Lysaght’s Lane proposal and urged the council to begin work in Garraunakilla.

The proposal was backed by councilors Tommy Brennan (Ind) and Mary Howard (FG) who said the council should look after traders in the farmers’ market.

Cllr Peter Considine (FF) also suppor ted siting the new covered market in Gar raunakilla. He said, “I suspect the majority of people, from the town and country, would like to see it in the traditional market area of the town.”

Cllr Brian Meaney (FF) told the meeting that the farmers’ market strongly opposed any move to Moran’s car park. He said no trader wanted to be “isolated in a dreary cor ner of a car park”.

Councillors agreed that Moran’s car park would be considered as part of a longer term re-development of the market.

There will also be an impact on the mall area of the market with town clerk Leonard Clear y saying an area will be closed off for pedestrianisation when the area is eventually re-developed.

He explained, “It’s going to look and feel ver y different and it’s obviously going to have an impact on traffic as well.”

The council has set a June 2014 deadline for work to start in Garraunakilla and Barrack Street.

The meeting heard that the re-de- velopment would involve the drawing up of new traffic management plans for the market.

Richard Rice of Healy Par tners Architects was commissioned by the council to explore the possibility of developing covered markets in Ennis.

The repor t strongly recommends the nor thern elevation of Gar raunakilla develop appropriate retail activity.

It also recommends the inclusion of a covered area and a kiosk if Gar raunakilla is retained as a farmers’ market.