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Councillors propose changes to the CDP

CLARE County Council are set to review sections of the County Development Plan that prevent people from selling a property built in certain parts of the county for seven years after its construction.

Councillors decided at last night’s meeting of Clare County Council to review the situation, following a joint motion put forward by Cllrs PJ Kelly (FF), Tom McNamara (FF) and Joe Cooney (FG).

According to councillors, a change to the current County Development Plan could promote construction work in parts of the county and allow people who have been forced to emigrate to offload properties at home.

At present, a property owner can apply to Clare County Council for a condition of a planning permission to be changed.

The council yesterday declined a suggestion from Cllr PJ Kelly to advertise the existence of this process in the local media.

“These mechanisms were put in place to grant planning permission where development would otherwise not have been possible, not to prevent developed. Planning systems are about proper planning and not economic decisions and I think that is as it should be,” said Director of Services for Clare County Council, Ger Dollard.

“Anybody can apply to have the conditions removed under the current situation. But putting an ad like that in the paper would only give false hope to people. There are no easy solutions to this and I don’t think that just letting the conditions be changed is the way forward.”

Councillors yesterday put a timeframe of one month on a review of these sections of the County Development Plan.

Cllr PJ Kelly also questioned County Manager, Tom Coughlan, about the powers of a county manager to make changes to individual planning applications.

Cllr Kelly suggested that he had some information that he would make public in the future.

“I don’t know what Cllr Kelly is talking about. If you [Cllr Kelly] have information, put it out there and let’s deal with it. We can’t answer hypothetical questions about hypothetical situations,” said Mr Coughlan.

“There is a legal policy for changing the County Development Plan and it cannot be done by a notice of motion. There has been a framework set up for making these amendments. The director [Ger Dollard] has suggested that this matter be referred to that process and I think that is what we should do.”

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Controversial ‘D’ plates proposal rejected outright

A PROPOSAL to ask the Minister for Transport, Leo Varadkar, to introduce new ‘D’ plates for any driver convicted of drunk-driving for a second time was rejected at last night’s meeting of Clare County Council.

The proposal, which was put forward by Cllr PJ Kelly (FF), proved controversial both because of the details of the motion itself and Cllr Kelly’s use of the phrase “Séan Mac An Asal”.

Cllr Gerry Flynn (IND) criticised Cllr Kelly over his use of the phrase, which he said was a derogatory term and insulting to rural dwellers.

“Many offenses are on the increase in this country because the punishment is not enough. Unfortunately, accidents are going to happen and we sympathise with anyone who has been involved with it. Accidents are inevitable but some of them are avoidable,” said Cllr Kelly.

“I don’t think that people would drive under the influence if there was a bigger deterrent in place. I think it would be much better to allow people to stay on the road and instead force them to carry a ‘D’ plate on the car.

“As well as that, I would suggest that people who are convicted of driving under the influence should be forced to appear bi-weekly at a local garda station. I think that would also be a deterrent for people.”

The motion was opposed by a large number of councillors and was eventually defeated, with 17 councillors voting against it and just two councillors in favourof it.

“I have a lot of respect for Cllr Kelly but I cannot support this motion. I think this would trivialise this [drink driving] to a serious degree and I can’t support that.

“This is a very serious issue and there have been plenty of lives lost because of this in recent years. The most suitable thing to do is put someone off the road,” said Cllr Cathal Crowe.

This feeling was echoed by Cllr Patricia McCarthy.

“I think that one conviction for drink driving is bad enough, but a second conviction, I think that a person should be put off the road for life. I don’t think anything justifies having a drink and getting behind the wheel of a car,” she said.

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Cuts affect domestic violence victims

CLARE Haven’s refuge service provides emergency accommodation to women and children experience violence in the home.

While staying in one of the organisation’s six units they receive oneto-one support, medical assistance, legal assistance including a court companion and financial direction including help accessing housing and social welfare payments.

Childcare services are also provided to help care for the children and liaise with the child’s school where necessary.

Clare Haven also provides support services that include a drop in centre in Ennis and outreach centres in Kilrush, Shannon, Scariff and Killaloe.

During these visits women meet privately with support workers.

“It is important to note that when a woman come to us we don’t tell her what to do. We outline her options.

“We will support them around what they want to do,” explained Ms Dunne. Often this support can take years, with many women returning to the services years after they first made contact.

Domestic abuse is not a straight forward issue with a straight forward solution, according to Clare Haven’s manager, and the support workers work with the woman at her own pace. The service also provides a 24hour helpline.

While 73 women and their children stayed in the refuge so far this year, it is not as high as other years, not because there are less cases of abuse but there are less follow on services.

Accessing homes for these women is proving particularly difficult in the last 12 months, so they have to stay longer in what should be temporary accommodation at Clare Haven.

This causes somewhat of a backlog in the refuge adding to Clare Haven’s problems.

“The volume of women needing support has increased so much in the last number of years,” said Ms Dunne. Yet the funding continues to be cut. Clare Haven has to fundraise every year to ensure its doors stay open, with the Clare 10K providing most of its charitable funds.

It also relies on one-off donations from the public and the donation of goods especially food, clothes, baby goods such as nappies, and underwear (new) to help the families survive until social welfare payments come through.

“That [donations] keeps us going,” said Denise, outlining how they have had to cut their school’s education programme and awareness programmes in the community.

“We’re left with the critical service. If they cut us any more, the board will have to look at cutting back services next year,” the manager warned.

“We are a critical service in this county. By cutting funding you are cutting the service.”

“16 Days of Action and Awareness on Violence against Women” begins on November 25 to December 10.

The purpose of this campaign is to raise awareness on the whole issue of violence against women.

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Glór received €154k dig-out from local councils

GLÓR’S continued survival as a centre of excellence for the performing arts in Clare is down to grant aid provided by cash-strapped local authorities in the county.

New figures released this week show that Glór wouldn’t be able to operate as a beacon for the performing arts, but for the grant aid given to it by both Clare County Council and Ennis Town Council.

The figures reveal that an addi- tional € 154,000 was given to Glór by Clare County Council and Ennis Town Council last year, so that historical financial losses could be addressed at the centre which first opened its doors 11 years ago this month.

This aid comes on top of the annual € 270,000 subsidy that the two local authorities provide between them to the state-of-the-art facility that can cater for up to 600 people.

Glór’s losses of € 112,103 last year were on top of the € 154,146 accumulated losses that were in place at the start of 2011.

The figures for 2011 show that Glor’s income last year decreased from € 1.16m to € 1m with its spend remaining static at € 1.164m.

The centre has received huge financially backing over the past 12 years, since it was announced as a flagship arts project for the county under Sí le de Valera’s watch as Minister for Arts, Culture and the Gaeltacht from 1997 to 2002.

Only a few months before it opened, Minister de Valera stepped in to secure the future of the € 8.2m the centre after a short-fall of € 2.5m emerged in the project by securing the money through her departments Access Scheme.

That allocation now brought Minister de Valera’s total contribution to the project to € 5.7m.

Along with the € 5.7m allocated by the minister, the project also received € 1.9m from Clare County Council and Ennis Town Council, as well as € 635,000 in European Union funding.

Glór’s new director, Gemma Carcaterra, has said that the additional grant aid from the two local authorities was to deal with accumulated losses, with the centre projected to break-even for 2012.

“This is a significant achievement within the current climate when all arts organisations are facing considerable challenges,” she said.

“For the past number of years, the recession impacted on the organisation and continues to do so.

“This is a similar situation to the majority of arts organisation across the country and Glór is surviving well in comparison,” she added.

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‘I will remain scarred by the actions of this man’

VICTIMS have told how they battled addictions and attempted suicide after the abuse they suffered at the hands of Ennis man James ‘Tony’ Maher.

One of the men stated that he was afraid to speak up after he was first assaulted by Mr Maher (69).

Detective Garda Beatrice Ryan read out the man’s victim impact statement in Ennis Circuit Criminal Court. The man stated, “It’s sad that I was always blaming myself and family for what this paedophile was doing to me.”

The man first met Mr Maher through his involvement with the Banner GAA Club. He recalled how he started to drink alcohol heavily at an early age.

He stated, “At 15, I was hospitalised for drink and I tried to commit suicide.”

The court heard that the man again tried to kill himself aged 18 and almost ended up taking the life of another person.

The man stated that he had battled addictions to alcohol and gambling.

He described Mr Maher, of Clonroadmorebeg, Ennis as a “monster” and said the abuse had a “dramatic effect” on his life.

He said he had never told his wife and children about the ordeal he had suffered. The man said his life had been robbed. “I hope that if there is a God, he (Mr Maher) will burn in hell.”

Another victim of Mr Maher read his victim impact statement in court yesterday.

He told the court that he was 11 when Mr Maher first assaulted him. He said the incidents had a “horrific impact” on his life.

He said he sank into a deep depression after Mr Maher “robbed” him of an ability to trust anyone. The man, whom the court heard grew up in poor circumstances in a rural part of the county, said he had attempted suicide.

He added, “I suffered enormous pain and I will always remain scarred by the actions of this man.” Mr Maher will be sentenced on January 14, 2013.

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Former GAA manager abused boys

A FORMER GAA coach who indecently assaulted two young boys in areas of Clare over a three-year period in the early 1980s will be sentenced next January.

James ‘Tony Lowry’ Maher (69), of Clonroadmore Beg, Ennis would drive the victims around Clare, buying chips, cigarettes and alcohol before performing sexual acts on them.

Ennis Circuit Criminal Court heard yesterday that the abuse of one young boy began in 1982 when the accused was the manager of a hurling team. Mr Maher previously pleaded guilty to 14 counts of indecent assault in respect of this victim, committed in areas of Clare between January 1982 and July 1984.

Mr Maher, a founder member of the Banner GAA Club, would call to the boy’s house after going for drinks with his father. The boy was staying with another relative at the time.

Detective Garda Beatrice Ryan of Ennis Garda Station told the court that the former Clare County Council employee would drive the boy home from training and matches.

“He would’ve been classed as quite a close friend of the family,” she said.

The court heard that the abuse progressed from Mr Maher masturbating the victim to performing oral sex on him. On one occasion, Mr Maher assaulted the boy when they were parked at Drumcliff graveyard.

Detective Ryan said the abuse carried on for five to 10 times a month from 1982 onwards. She said the abuse stopped when the boy got old- er and decided to move away from Ennis. Mr Maher was arrested on January 6, 2010 and made admissions to gardaí, including to offences that the complainant had not told gardaí about.

Mr Maher told gardaí that he developed a liking for young boys after starting coaching with the GAA club.

Mr Maher also pleaded guilty to four counts of indecent assault against another young boy committed in areas of Clare between July 1984 and April 1985.

The court was told that Mr Maher first met the boy when he picked him up hitchhiking. The court heard that the boy had endured “quite a difficult upbringing”. Mr Maher would call to the house with clothes and food for the family.

Detective Ryan said, “He saw himself as somewhat of a helping hand.”

She told the court that Mr Maher told the boy to ring him at work. On one occasion, he assaulted the boy in the toilets of offices of Clare County Council.

Assaults also took place in the victim’s home while members of his family were in another room. The court heard that Mr Maher also brought the boy to a bed and breakfast in Dublin, checking in as father and son.

Mr Maher was interviewed in January 2010 and made admissions to gardaí.Mr Maher previously worked with Dublin Corporation and Limerick County Council before moving home to work as a draughtsman with Clare County Council. The court heard he played with the Banner GAA Club, as well as serving as President and PRO.

Counsel for Mr Maher, Andrew Sexton SC, told the court that he had been instructed at an early stage to apologise unreservedly to the victims.

He said Mr Maher suffers from depression and diabetes. He said Mr Maher had cooperated fully with gardaí but had lived his life in a “very bizarre way.”

Mr Sexton said prior to engaging in this “outrageous criminal conduct” Mr Maher had contributed a lot to his local community.

He said Mr Maher is very well known in the community and would suffer “utter shame”. Judge Caroll Moran adjourned sentencing until January 14, 2013.

He said reporting restrictions applied to the identity of the complainants but not the accused.

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Woman dies in road crash

THE young woman who lost her life in a road accident on the M18 near Barefield on Sunday afternoon has been named locally as Vicky Courtney from Athenry.

The young woman, who was due to celebrate her 27th birthday later this week, was driving home from Shannon Airport with her mother Pamela when the accident took place.

It is understood that the car collided with the motorway crash barrier before continuing for more than 20 metres and smashing into a timber fence.

Ms Courtney was thrown from the car and suffered extensive injuries. She was treated for her injuries at the scene by a doctor who happened upon the accident but her injuries were too severe.

Her mother was trapped inside the vehicle for a number of minutes before she was freed by the Ennis fire brigade.

Gardaí from Ennis are investigating the tragedy, which was the sec- ond fatal road accident in Clare this year. On February 24, a 30-year-old man died when the car he was driving struck a wall near Clooney.

Meanwhile, gardaí in Gort are appealing for witnesses after an elderly man died in an apparent hit and run on the N-18 on Friday evening.

The incident took place just after 7.30pm on Friday evening when a 65-year-old man was attempting to cross the road and was struck by a vehicle.

The man, who has since been named as Gerry Keane from Ardrahan, was taken to University College Hospital in Galway where he died early on Saturday afternoon.

Gardaí in Gort are looking to speak to the driver of the car, who did not remain at the scene, or anyone else who may have witness the incident. It is understood that the incident was captured on CCTV but Gardaí are appealing for the driver to come forward.

Anyone who witnessed this collision or who can assist with the investigation is asked to contact Gort Garda Station on 091 636400.

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Council see drop in legal expenses

CLARE County Council have spent € 571,000 on legal expenses for the first 10 months of this year, according to figures released at last night’s meeting of Clare County Council. It now appears likely that the total legal fees paid by the local authority for 2012 will be substantially lower that the € 1,083,000 paid out by Clare County Council in 2011.

Despite the likely reduction of legal expenses for 2012, a number of councillors raised the issue of Clare County Council employing its own in-house legal team, instead of sourcing outside legal representation. Cllr Joe Arkins (FG) referred to a motion put forward by former county councillor, Senator Martin Conway (FG), on this issue a number of years ago.

“I think the costs of legal fees are quite considerable. One wonders is there value in the argument that the council should have in-house legal expertise instead of having to buy it in in this way. I don’t think that the local authority can continue in this way. The public are looking for value for money and I don’t know does this represent value for money,” said Cllr Arkins (FG).

County Manager Tom Coughlan said that despite a previous motion by Senator Conway being approved by the council, this was not implemented because the council could not afford to take on an in-house legal team.

“The motion put to council by Senator Conway asked if it would be more efficient to outsource our legal services or to employ people in-house. Every motion adopted by the council can’t be implemented, because there is not funding for it. Just because a motion is put forward and seconded by the council, doesn’t mean that we have the ability and the money to actually do it,” said the county manager.

“Savings and value for money is something that we are looking at very closely. I wish we didn’t have any legal costs at all. Life would be much simpler for us if people didn’t take cases against us. It would also be much more helpful for us if these cases were resolved as quickly as possible. But that is the legal system.

“It is not that we just accept a bill and say we will pay it. Many of our bills, especially the larger bills, are assessed independently to determine if we are being charged fairly. I would prefer to drive down the legal costs in the system that we have and not change the system.”

The meeting also heard that total architectural, civil and mechanical engineering fees from January to October of 2012 came to € 930,000, auctioneering came to € 48,000 and energy came to € 3,228,000.

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Council seeks to commemorate Clare’s Vietnam war veterans

FURTHER discussions are expected in the coming weeks over plans to erect a memorial in Ennis to Irish people who fought in wars in South East Asia.

Councillors and officials from Ennis Town Council held preliminary discussions with representatives from business groups and American war veterans in recent weeks.

It follows a contentious proposal tabled at the July meeting of Ennis Town Council calling on the authority to commemorate Irish men who fought in the Vietnam War.

The motion, tabled by Fine Gael councillor Johnny Flynn, provoked strong opposition.

Cllr Flynn said the council should consider marking the contribution of soldiers of Irish descent who served in the United States armed forces during the Vietnam War.

Cllr Flynn said, at the time, that such a memorial would send out a positive signal to ex-soldiers about Clare as a tourism destination.

According to Cllr Flynn, the Vietnam veteran tourism market num- bers close to 1.9 million people.

It is estimated that 2,500 Irish people served with the US armed forces in Vietnam.

However, some councillors were wary of the proposal.

Cllr Paul O’Shea (Ind) said that Vietnam is a “sensitive issue”, while Cllr Frankie Neylon (Ind) has expressed concern about the actions of some American soldiers during the war.

However, it is understood that following recent meetings, councillors are close to agreeing on a memorial for Ennis.

It is thought that any memorial would honour Irish people who fought for the Allied Forces in conflicts in South East Asia from the 1950s to ‘70s.

Meetings have also taken place with representatives of a group of Vietnam veterans who have been travelling to Clare in recent years to attend the Ennis Trad Festival.

The talks are still at a preliminary stage and no decision has yet been taken.

Friars Walk in Ennis has been mooted as one possible location for any memorial.

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Ennis man guilty of abusing two boys – both of whom attempted suicide

A FORMER GAA coach who indecently assaulted two young boys in areas of Clare over a two-year period in the early 1980s will be sentenced next January.

James ‘Tony Lowry’ Maher (69), of Clonroadmore Beg, Ennis would drive the victims around Clare, buying chips, cigarettes and alcohol before performing sexual acts on them. Ennis Circuit Criminal Court heard yesterday that the abuse of one young boy began in 1982 when the accused was the manager of a hurling team.

One of his victims told the court that he was ‘scarred for life’ as a result of the abuse.

Mr Maher previously pleaded guilty to 14 counts of indecent assault in respect of this victim, committed in areas of Clare between January 1982 and July 1984.

Mr Maher, a founder member of the Banner GAA Club, would call to the boy’s house after going for drinks with his father.

A Banner GAA club spokesperson confirmed to The Clare People on Monday night that Mr Maher has not had any involvement with club ‘for well over twenty years’.

Detective Garda Beatrice Ryan of Ennis Garda Station told the court that the former Clare County Council employee would drive the boy home from training and matches.

Victims have told how they battled addictions and attempted suicide after the abuse they suffered at the hands of the Ennis man.

Detective Garda Beatrice Ryan read out the man’s victim impact statement in Ennis Circuit Criminal Court. The man stated, “It’s sad that I was always blaming myself and family for what this paedophile was doing to me.”

The man first met Mr Maher through his involvement with the Banner GAA Club. He stated, “At 15, I was hospitalised for drink and I tried to commit suicide.”

The man’s statement added that he tried to commit suicide for a second time aged eighteen.

Another victim of Mr Maher read his victim impact statement in court yesterday.

He told the court that he was 11 when Mr Maher first assaulted him. He said the incidents had a “horrific impact” on his life and that he would be scarred permanently as a result.. Judge Caroll Moran adjourned sentencing until January 14, 2013.