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Man and woman charged with neglect

A MAN and a woman charged with the neglect and ill treatment of seven children have been returned for trial.

The two appeared at Ennis District Court on Wednesday. In separate charges, it is alleged that the man and woman did willfully assault, ill-treat, neglect, abandon a child in a manner likely to cause unnecessary suffering or injury to the child’s health or seriously affect their well being, contrary to Section 256 of the Children’s Act.

The woman is facing eight charges of neglect. The man is facing six charges of neglect and two charges of sexual assault.

The alleged offences took place on dates unknown between March 2001 and July 2010. The charges relate to seven children.

The man and woman, who cannot be named for legal reasons, both have addresses in Clare. Inspector John Galvin requested an amend- ment concerning the wording of two charge sheets in relation to the man.

Defence solicitor John Casey consented to the amendments. Garda Irene O’Flynn of Ennis Garda Station gave evidence of having served the books of evidence on both co-accused.

Insp Galvin said the Director of Public Prosecutions (DPP) had consented for both persons to be returned for trial to the next sittings of Ennis Circuit Criminal Court on October 16.

Legal aid was granted for Mr Casey, one junior counsel and one senior counsel. Mr Casey said, “They are very serious charges.”

Mr Casey requested a change in his client’s bail conditions to allow him to meet two of his sons.

Insp Galvin said he had “reservations considering the nature of the charges.”

Judge Durcan refused the application. The man was remanded on continuing bail, on the same terms heretofore, to appear at the next sitting of Ennis Circuit Criminal Court.

Solicitor for the woman, Tara Godfrey, requested that the court impose reporting restrictions. Judge Durcan said reporting restrictions had previously been imposed.

He said the restrictions would continue to apply. Legal aid was approved for Ms Godfrey and one junior counsel.

The woman was remanded on continuing bail to appear again at the next sittings of Ennis Circuit Criminal Court.

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Judge calls for order to Kilrush court

A DISTRICT court judge showed his determination to have his court run efficiently and on time on Tuesday last when he issued up to eight bench warrants for people missing from the body of the court when their case was called.

Judge Patrick Durkin was also annoyed when one defendant who was resident in Limerick Prison was not taken to Kilrush in time for the 10.30am start.

“I don’t see why I should drive a considerable distance, up to three hours, and members of the Gardaí can’t be here on time,” he said.

Superintendent Gerry Wall reminded the judge that it was the prison service that was responsible for getting the prisoner to court on time in this case.

Those responsible for their own appearance were also chastised for their lethargic attitude.

One defendant was not present when the registrar called his name as he had according to his solicitor Patrick Moylan, “gone to sign on this morning”.

“Mr Moylan, I am hearing of fellas who are never in court when they are called but were there before and there after.

“If you are not at the station when the train comes you miss the train,” remarked Judge Durkin as the second bench warrant was issued.

A bench warrant was then issued for a defendant who was believed to be in the restroom at the time her case was called.

“There is no point being in the lavatory in the station when the train leaves,” said the judge.

Within 20 minutes of the court sitting four bench warrants were issued.

By lunch time the figure had more than doubled.

It later emerged that one of the defendants had gone home for a cup of tea.

Supt Wall told the court he agreed with the actions taken.

“I am in total support of what is going on his morning. We have to get some order,” he said.

In the afternoon four of the defendants came before the judge to explain their absence and had their bench warrants vacated.

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‘Cyclist was having cup of tea’ when case was called

A 22-YEAR-OLD Kilrush man was fined € 500 for breach of the peace after he became irate with gardaí when they stopped him on his pedal bike.

Sean McMahon, 1 Burton Street, Kilrush, was not in court when the case due for hearing was called.

Garda O’Callaghan gave evidence that at 1.20am on Friday, May 25, 2012, he stopped the defendant who was on his pushbike.

“He became very irate from the outset,” said the garda adding that it was “apparent he was highly intoxicated.”

When the garda and his colleague told him he would be arrested “he lashed out with hands, feet and head”.

Garda O’Callaghan said the defendant was then arrested in Burton Street and restrained on the way to the garda station.

“He wasn’t remanded for a while due to his level of violence,” said the garda stationed in Kilrush.

Solicitor for Mr McMahon, Hazel Hehir, asked the garda if her client was on his way home when he was stopped.

“I believe so,” replied the Garda.

“He was peacefully on the way home when you stopped him and questioned him,” she said.

She said her client was 22 years of age and lived alone. She added that he became frustrated on the night in question.

“He is going to England soon to get away from Kilrush and people he hangs around with,” she added.

Judge Patrick Durkin dismissed the section 4 intoxication charges against Mr McMahon, but fined him € 500 for using threatening, abusive or insulting words or behaviour.

He gave him three months to pay with 10 days default.

The judge said he took into account that he had no previous convictions but also had to consider that he did not turn up in court.

He issued a bench warrant on other matters pending against Mr McMahon.

During the afternoon sitting of Kilrush District Court Mr McMahon appeared before Judge Durkin. He told the judge he had left the court to go home for a cup of tea.

The bench warrant was vacated.

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Shannon plan for zoned land overturned

MEMBERS of Clare County Council voted by the smallest margin possible to overturn the advice of the county manager relating to the Shannon Town and Environs Local Area Plan 2012 to 2018.

In his report, Tom Coughlan recommended that land at Drumgeely Hill in Shannon be divided in two with part of it zoned community and part zoned open space. The Shannon members of the council objected to this element of the plan and proposed an amendment that would zone all of the land open space.

Cllr Patricia McCarthy (Ind) raised concerns that there would be no space available for car park spaces should the land zoned community be used for a community centre.

“A community hall there would only serve a small catchments albeit an important group,” she said.

Cllr Sean McLoughlin (FG) also recommended voting for the amendment. He said, “I don’t think it is fair for these senior citizens (residents of Drumgeely Hill) to have to fight planning for the next five years of the plan.”

Cllr Gerry Flynn (Ind) called on all of his council colleagues to support the Shannon councillors move, as they, he said, had the local knowledge. He said many of the residents had spent 50 years living in the area.

“I hope the councillors can live with allowing them to continue to fight planning for the next number of years,” he added.

Senior planner with Clare County Council Gordon Daly said it was the belief of the planners that the split zoning gave the best option to that area of the community. He admitted that a lot of trust would have to be given to the planners should a planning application reach the council relating to that area.

The 15 members of Clare County Council present voted 12 to 11 in favour of the amendment and against the recommendation of the council executive.

Two councillors – Cllr James Breen (Ind) and Cllr Tony Mulqueen (FG) abstained.

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Clare the dearest for heating oil in Ireland

CLARE is the most expensive county in Ireland in which to purchase home heating oil. That is according to a countrywide survey carried out by the National Consumer Agency at the end of last month.

The survey makes depressing reading for financially stretched Clare families, especially those living in the Ennis area.

The national average price for 1,000 litres of delivered home heating oil was € 964.

However, Ennis recorded the high- est average price within a local area with the cost averaging out at € 974 – € 10 more than the national average and € 25 more expensive than the average cost of home heating oil in Dundalk, County Louth.

The National Consumer Agency conducted a telephone survey of 165 home heating oil suppliers on 29 August in 24 “delivery areas” across Ireland. The survey sought to quantify the price levels for the supply and delivery of 1,000 litres of kerosene (home heating oil).

When it came to surveying the Ennis area, the researchers found that there was just € 10 between the cheapest and most expensive 1,000 litres of oil.

Of the seven quotes sought in Ennis, the most expensive was € 980 while the least expensive was € 970.

The difference between the maximum and minimum quotes nationally was found to be € 85, as prices ranged from € 910 to € 995.

The lowest price, € 910, was recorded in the County Louth (Dundalk area), while the highest overall quote, € 995, was surveyed in Gal way County (East area).

The biggest difference between the minimum and maximum quote obtained within an individual area was found within the Louth, Dundalk area, € 80. The lowest range of € 10 was found in three areas including Ennis, Tralee/Kilarney, County Kerry and Sligo. While nationally the home heating oil pricing survey reveals that most consumers can make savings of around € 30 to € 40 if they shop around, in Ennis the saving is just € 10.

“You could save even more money if you haggle with your supplier rather than just accepting the first price they quote you. Once you have a couple of quotes, see if your own supplier can offer you a more competitive price. If not, you can switch to a more afford- able provider. It is also worth getting quotes from suppliers outside of your local area – they may be cheaper and happy to deliver to you,” a spokesperson for the NCA said.

“You can also reduce your energy bills by making some small changes in how you use energy in your home, for example, by reducing your heating to a comfortable 20°C. Lowering your thermostat by just 1°C can knock 10 per cent off your heating bill.”

The survey was published in the same week as an increase in the cost of electricity and gas was announced. THE PROVISION of a 10-bay bus parking facility and two free electric car (e-car) charging points in Ennis town centre are among a series of proposals included in Draft Bye-Laws for the Clare County Capital which go on public display this week. Ennis Town Council has prepared the Draft On-Street Pay and Display Bye-Laws 2012 in relation to the control and regulation of the parking of vehicles within the Town Boundary of Ennis. The Draft Bye-Laws go on public display tomorrow, Tuesday, Septem

ber 11.

Welcoming the publication of the Draft Bye-Laws, Mayor of Ennis Councillor Peter Considine said: “I warmly welcome any initiatives geared towards improving traffic flow in the town.

“I am particularly pleased with the proposal to allocate bus parking bays which will help to attract coach business to Ennis by facilitating operators with easier access to the town centre.”

Commenting on the proposed provision of two free e-car charging points, Mayor Considine said: “Drivers of environmentally-friendly e- cars travelling throughout County Clare will benefit by knowing that the charge points that are proposed will be available for their sole use. The charge points will also encourage road users across the County to consider an e-car as an alternative to petrol of diesel vehicles.”

The Draft Bus Park Bye-Laws include the provision of 10 spaces for bus parking only in Friars Walk, close to Glór Irish Music Centre. Parking will be permitted 24 hours a day, seven days a week.

Meanwhile, two spaces are to be reserved for free electric car charging points, one each in Glór Car Park and Abbey Street Car Park. Two-hour parking will apply to the spaces.

Meanwhile, the Draft Bye-Laws provide for two-hour parking at 477 spaces between the hours of 9am and 6pm (Monday to Saturday) at Abbey Street (13), Bindon Street (38), Buttermarket (14), Dalcassian Drive (10), Francis Street (120), Gort Road (46), Harmony Row (20), Limerick Road (9), McNamara Park (20), New Road (11), Newbridge Road (14), station Road (67), Cottage Gardens (new) (7), Summerhill (12), Lifford Road (Kellys Corner) (10), and Turnpike Road (66).

Four-hour parking is proposed for a further 160 paces during the hours of 9am to 6pm (Monday to Saturday) at College Road (28), Mill Road (46), Drumbiggle Road (32), Cloughleigh Road (new) (36), and Simms Lane (18).

The Draft Bye-Laws go on display today, Tuesday, September 11, and a copy of same may be inspected at the offices of Ennis Town Council during normal office hours from Tuesday, September 11, to Thursday, October 11, or on its website at www. ennistowncouncil.ie.

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Council begins registration process

CLARE County Council is now issuing leaflet information to Clare households in relation to the regis tration of domestic wastewater treatment systems.

This registration of septic tanks is proving as controversial as the household charge among mostly rural homeowners.

The local authority has been charged with ensuring people are well informed about the issue well before the February 1 deadline.

The Local Government Manage ment Agency (LGMA) has developed a central online registration system and will manage the system on a shared-service basis for the water services authorities, including Clare County Council.

All septic tanks and other types of treatment and disposal systems for domestic wastewater are to be registered not later than February 1, 2013. However, there are savings to be made by registering before the end of this month. Registration payments received by September 28 will be subject to a € 5 fee with the registra tion fee increasing to € 50 thereafter up to 1 February.

“Under the Act, owners of domestic waste water treatment systems are required to ensure that their systems are on the register,” explained Mr. Paul Moroney, Senior Engineer, Clare County Council.

“No decisions have been made regarding the numbers or locations of inspections to be carried out, or the risk-based criteria to be used when targeting those inspections. Inspec- tions under the new legislation will not commence until 2013 and the commencement of inspections will be publicised in the national and local media,” he added.

“You should take care not to allow uninvited persons, or persons claiming to be septic tank inspectors, to enter onto your property in advance of the launch of inspections. You will be formally notified by your water services authority if your domestic wastewater treatment system is to be inspected. Inspectors will be required to carry identification and you should ask for this to be presented to you,” he concluded.

The charge can be paid online at www.protectourwater.ie or by cheque/postal order/bank drafts at a local authority office. Registration forms may be obtained from public libraries, citizen information centres, Aras Contae an Chláir, New Road, Ennis, and at the following area offices: Kilrush, Shannon, Ennistymon, Scariff, Ennis and South East Clare. For further information, contact or Lo Call 1890 800 800 or visit www. protectourwater.ie.

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‘Supersize’ schools

PRIMARY schools across County Clare are now among the most overcrowded anywhere in the country.

These alarming statistics from primary education in the county have been revealed this week in new study published this week, prompting the county’s Irish National Teachers Organisation supremo to describe them as “a wake up” call for the Minister for Education, Ruairi Quinn.

The figures show that now almost 90 per cent of primary pupils in the county are in classes that are greater than the European Union average.

And almost 90 per cent of pupils in Clare schools are in classes of 20 or more, while over a quarter are in “supersize” classes of 30 or more children.

The latest figures show that 27 per cent of primary pupils are in classes of 30 or more, which translates into 3656 pupils in the county being in classes of 30 or more. In addition to this, 58 per cent of pupils are in classes of 20 or more and 15 per cent of pupils are in classes under 20.

The INTO said the figures showed the impact of government cutbacks on the ground in schools. The General Secretary of the INTO, Sean McMahon, the county’s representative on the national executive, described the findings as a wake-up call for the minister. He said Irish class sizes were now the highest in the EU and called on the minister to stop the rise in over-crowded classes.

“Irish class sizes are back to where they were a decade ago and getting worse. In 2002, average class size in Ireland was 24.5m the same as it is today. More than one hundred thousand children (112,821) are in classes of 30 pupils or more, up 10 per cent on the previous year,” said Mr McMahon

The INTO General Secretary, Ms Sheila Nunan commented that the primary school classroom is the frontline of the education service.

“It is where most children spend the majority of their time,” said Ms. Nunan.

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Helicopter pad for emergencies a must for Kilkee

IN AN era when the HSE is relying more on air travel to attend serious emergencies in West Clare and other rural areas, concerns have been raised that one busy town is without a publicly designated helicopter pad.

The population of the seaside town of Kilkee also multiplies during the summer months, making the need for emergency access more urgent.

Mayor of the coastal town, Cllr Claire Haugh (FF) said that the need for the helicopter pad had to be a priority, especially as a support to the entire local emergency services.

Helicopter support has proven essential to voluntary organisations such as the Kilkee Marine and Rescue Service.

For many people rescued off the cliffs and in the sea, time is of the essence when it comes to accessing medical help.

Kilkee is more than 95 kilometres from the nearest Centre of Excellence at the Mid Western Regional Hospital, Dooradoyle, Limerick.

“For a coastal town like Kilkee, this is vital. We must take it on as a project for the coming year and ensure it is installed,” said Mayor Haugh. “We are now asking Clare County Council to get working on a helicopter pad in Kilkee. We have services here for emergencies yet we haven’t this necessary facility.”

Kilkee’s first citizens said that the cost of putting a helicopter pad is Kilkee is estimated at € 30,000.

“All we need to do is to find a designated area for the helicopters to land.”

She suggested that the area adjacent to the Garda Station, which had been spoken of before, would make an ideal location. “It would be just along the beach and beside the rescue centre,” she said.

The council must now contact the Department of Justice about the possible location.

“This has been in the mix for a few years. It is a very urgent thing. It is imperative we this facility fast,” said Mayor Haugh.

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25% of household waste unaccounted for

CLARE County Council is considering the introduction of new waste byelaws, as figures estimate that up to 25 per cent of all household waste in Clare is unaccounted for.

It follows a report, which shows that almost 53 per cent of households avail of a regular waste collection service. The collection figures are taken from 2010 waste records complied by the Environmental Protection Agency. They are contained in a report prepared by the council in response to concerns raised by members of Ennis Town Council over household waste.

Anne Haugh, Director of Services Transport, Water Services and Environment, explained that 53 per cent is a “stark figure” that needs to be put in context before any conclusions can be drawn.

Ms Haugh cites figures from the Regional Waste Management Office in Limerick showing that 14 per cent of households share a bin service.

Ms Haugh adds that almost 8,400 tonnes of household waste was deposited at the council’s “five civic amenity sites and 54 bring banks” in a single year. The report states that this equates to waste from 20 per cent of households in Clare.

Ms Haugh adds, “This means there are approximately 20 to 25 per cent of households in County Clare where their waste cannot be accounted for. It is in this context that Clare County Council is examining the introduction of updated presentation of waste byelaws that would, with some exceptions, require households within 200 metres of an existing waste collection route to avail of a waste collection service.”

The waste byelaws were due to be presented at yesterday’s meeting of Clare County Council.

The report states that local authorities in Clare work closely to address waste and litter issues. Ms Haugh added, “Environmental patrols, CCTV surveillance and a joint gardaí / waste enforcement checkpoints are carried out on an ongoing basis to counter illegal waste and litter activity.”

The council recently secured three separate prosecutions against people found to be illegally disposing of waste.

Margaret SMITH (nee Cahir)
of 55 Cahercalla Heights, Ennis, and formerly of Ballyshannny, Kilfenora. Laid to to rest in Drumcliffe cemetery. May she rest in peace.

Michael MOLONEY
of Drimeenagun, Doon Road, Broadford. Late of Ballymcdonnell, Bodyke. Funeral mass onTuesday at 11.30amat St. Patrick’s church, O’Callaghan’s Mills, followed by burial in Killuran Cemetery. May he rest in peace.

Peter GRIFFIN
of Cloonlaheen, Mullagh. In his 93rd year. Laid to rest in Mullagh. Donations if desired to the Alzheimers Unit, Saint Joseph’s Hospital, Ennis. May he rest in peace.

Teresa O’NEILL (née Kilmartin)
of 8 Church Drive Clarecastle. Peacefully at home surrounded by her loving family. Laid to rest in Clarehill Cemetery. May she rest in peace.

John SCANLON
of Chicago and late of Cooga, Kildysart and Cloncolman, Lissycasey. Funeral has taken place in Chicago. May he rest in peace.

Elizabeth (Lilly) DONNELLAN
(née Fagan) of 34 ConnollyVillas, Ennis. Laid to rest in Drumcliffe Cemetery. May she rest in peace.

Nora McGUANE (née O’Sullivan)
of Letteragh, Kilmaley. In her 96th year. Laid to rest in Kilmaley Cemetery. May she rest in peace.

John QUEALLY
of Drumcliffe, Ennis. In his 96th year. Laid to rest in Drumcliffe Cemetery. May he rest in peace.

James CASEY
of Kilrush Road, Kildysart. Laid to rest in Kildysart. May he rest in peace.

Chrissie O’HALLORAN (née Garvey)
of Ballyliddane, Sixmilebridge, Suddenly. Laid to rest in in Ballysheen Cemetery, Sixmilebridge. May she rest in peace.

Mary KIELY
of 16 Fearnog, Shannon. Late of Tullamore. Laid to rest in in Newlands Cross Crematorium, Dublin. May she rest in peace.

Bernadette MINOGUE
of 6 Station Court, Quin Road, Ennis. Formerly of Glendree, Feakle. Peacefully. Laid to rest inTulla Cemetery. May she rest in peace.

Jack O’DEA
of Ballygannor, Kilfenora. Peacefully, surrounded by his family. Laid to rest in Kilfenora. May he rest in peace.

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Carers are ‘prisoners in own homes’

MOTHERS of children with severe medical conditions and physical and intellectual disabilities are prisoners in their own homes as they work night and day to care for their little ones. Cutting their home care services even more would all but put these Clare parents into solitary confine ment, experts have warned.

As the budget approaches and cuts to home care packages and home help services in Clare are likely to be announced on Friday, families of children with disabilities are feeling the pressure.

Many families in Clare rely on these services to allow them time to collect the glossary shopping, spend time with their other children or even just get a few hours much needed sleep. As well as respite assistance, these families also require help with the day-to-day medical treatment of their children.

The Jack and Jill Foundation provides such support to eight children in Clare up to the age of four years old.

Liaison nurse with the Jack and Jill Foundation, Mags Naughton is dedicated to her role of providing as much help as possible to families of children with medical conditions and intellectual disabilities, but admits it is getting more difficult during the recession. Fundraising, especially corporate fundraising, for the charity has decreased in the last three to four years.

“We have gotten much busier too. In the past, we would have taken less severe cases but we have had to tighten the criteria since the recession as funding has fallen. This is very difficult. It is so difficult to say no,” said the Clare nurse.

Despite the challenges, the foundation and Ms Naughton continue to finance paediatric nurses for an aver- age of eight hours a week.

“That is max standard. It is very tiny but that is what we can give. Unless it is a palliative baby, in which case we can give up to 16 hours.”

As well as supporting the families medically, Mags provides emotional support and helps out with advocacy work. In many cases, families struggle to fill out all the forms associated with the assistance they are entitled to. Most families don’t know their entitlements and when they find out, they are often too busy or tired to fill out the booklet of information required.

Asked abut the proposed cuts, she said, “I think there is a lot of hurt: this is what has happened our child and now doors are just closed on us. A lot of people think they have a sick child and everything will fall into place but this is not the case. You are hammering on doors.

“It is already quite tight for moms to go shopping and they are watching the clock. Most moms are prisoners in their own homes and that is no exaggeration, they really are,” she said.

There is also an inconsistency around the country when it comes to applying for medical cards and other assistance.

“Carers allowance and carers ben efit, because of cutbacks for staff working in those offices, they are all held up for 16 to 18 weeks and that has a huge impact on parents as well. Domiciliary allowance is at least a 16week wait and parents have to furnish so much information; they don’t just take a consultant’s letter, they have to have an occupational assessment. That is very stressful for parents.” * The Ja ck a nd Jill Founda tion a re r a ising funds by collecting old a nd used cr utches. Anyone with old cr utches a t home a re encouraged to br ing them to Applegreen Ser vice Sta tion, a cross from St Fla nna n’s Filed in Ennis before this Sunda y September 16.