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A LEGAL case involving a thirdlevel student from Ballyvaughan will be appealed to the Supreme Court later this year, in a test case which could see full maintenance grants restored to thousands of students in Ireland.

The Union of Students in Ireland (USI) confirmed last week that they have decided to appeal the case taken on behalf of Medb McCarthy, from Murtyclough, outside Ballyvaughan, after receiving advice from their legal team.

Medb, along with other students Robert Johnson from Monaghan and Iesha Rowan from Oranmore in Galway, are fighting to restore their non-adjacent grants, which were removed following changes in the Department of Education criteria which came into effect in September.

The Student Services Act increases the distance that a non-adjacent student would have to live away from the educational institution from 24 kilometres to 45 kilometres. According to the Minister for Education, Ruairi Quinn (LAB), this change was introduced to reflect the improved public transport and general transport infrastructure in the country in recent years.

Under the new rules, Mebh, who is a third-year Arts student at NUI, Galway, would be considered to live “adjacent” to the university – in an area where commuting each day would be possible.

With no effective public transport in place in the North Clare area, Mebh will not be able to reach Galway City for college each day until after 11am. Despite working to support herself during her time in college, she is not in a position to make up the shortfall in the grants payment.

Mebh is currently in receipt of a grant of between € 6,100 and € 6,700 per year to go towards rented accommodation and maintenance while she studies in NUI, Galway. If the decision is not reversed, it will lead to a loss of between € 2,440 to € 3,900 towards her maintenance in college next year.

The case is being seen as a test case by hundreds of students in Clare who will have their grants reduced if the new system is enforced.

An initial legal challenge was heard in February of this year, with Mr Justice John Hedigan reserving his judgement for more than six weeks while he considered the arguments made.

When the judgement was released in April, Justice Hedigan ruled that grants cuts were in the public interest given the dire financial circumstances facing the country. However, Vice President of the USI, Conor Murphy, confirmed last week that the students organisation would be appealing the decision.

ONE Clare TD has described the resounding acceptance of the Fiscal Stability Treaty in Clare as the “least bad option”.

Labour TD Michael McNamara said, “It has been a difficult decision for many people, myself included, but I’m glad that clarity has been brought to the situation. The people of Ireland and Clare have provided a decisive result that will reinforce the Govern- ment’s efforts to work our way through the Eurozone crisis with greater urgency with our EU partners. We need to press ahead with the growth agenda and to work hard on getting a deal on the bank debt.Passing the referendum is not a solution to our problems. In many ways, it can be described as the least bad option,” he said.

Fine Gael’s Joe Carey maintained, “There was a very clear message that we had to pass this referendum in the interest of our country so we would have certainty going forward.”

The Clare TD was Fine Gael Director of Elections for North Munster and he was happy to see a lot of young people involved in the campaign. “It was encouraging to see so many young people getting involved in this campaign. I think they viewed it as their future. They wanted to make sure a yes vote was returned in their interest because it is really about putting our country first,” he said.

Senator Tony Mulcahy (FG) said he was arguing for the referendum from a business point of view and he believed being able to borrow at a reasonable rate is key to the future of industry. “At the end of the day, the people have spoken and said let’s steady the ship and keep the whole thing going,” he said.

Deputy Pat Breen (FG) said, “I know from speaking to people during the course of this campaign that they were very much aware of the importance of passing this treaty in terms of Ireland’s future role in the European Union. The fact that the Irish people are set to endorse the treaty is already receiving a very positive reaction all over the world. I have received quite a number of calls from colleagues throughout Europe congratulating us on the result. The fact that we were the only country in the EU to hold a referendum and that as a country we have taken the lead in support of the treaty will, I have no doubt, pay dividends into the future with foreign direct investment continuing to flow into this country. It will also strengthen our Government’s hands in future discussions at EU level,” he added.

THE HSE have had difficulty filling nursing posts in the mid-west area which includes counties Clare, Limerick and Tipperary.

That is according to Regional Director of Operations, HSE West, John Hennessy who was responding to criticism that retired staff continue to be employed within the HSE on a part-time basis.

Mr Hennessy maintained that staff were only re-employed in certain circumstances and for a short period of time. He added, “When we had permanent nursing posts in the mid-west we had difficulty finding someone to take up the post.”

Clare County Councillor Tom McNamara (FF) criticised the HSE for its re-hiring practices.

“There are people working in the HSE that have retired in the last five years taking posts that could be filled by young graduates,” he said.

“This [practice] is forcing young people out of the country, while these people’s pensions are not touched because they can work a day or two to bring them up to their former wage before it is touched.”

He proposed that the HSE take new people into the health service on a 12-month contract instead to cover any gaps in the system.

Francis Rogers, Assistant National Director of Human Resources, said it was HSE policy not to rehire people on pensions.

“In circumstances where we found ourselves having to re-hire pensioners it was only in extreme circumstances where we do this. This would also be for a very short period and only where a very specific specialist was needed,” he said.

“There is no financial gain in this to the pensioner. During this period their pension is abated. It is an issue we very carefully monitor.”

This week Fine Gael Senator Tony Mulcahy proposed that selective redundancy be used in the public sector. “The problem is we are losing people we want to keep and we are keeping people we probably need to lose. We really are going to have to get the unions engaged on that and be supportive of that. I am 100 per cent supportive of the Croke Park Agreement because in fairness they [public sector staff] are working very hard,” he told The Clare People .

“But like everything else there is dead weight in a lot of organisations that has to be picked out and say no you don’t serve a purpose anymore and you are not doing what we need you to do and those are areas we have to tackle.”

A TALENTED musician who has pleaded guilty to charges of theft of food, including a plate of chicken and pork has been told to concentrate on his music.

Judge Patrick Durcan was addressing Daryl Feely (18) of 92 Inis Clar, Kiladysert Road, at Ennis District Court on Wednesday.

Mr Feely pleaded guilty to the theft of sandwiches from Lynch’s Centra, Gort Road, Ennis on November 17 (2011). He was also charged with entering the West County Hotel as a trespasser to commit theft on September 28 (2011)

Inspector Tom Kennedy said the Director of Public Prosecutions (DPP) had directed summary disposal of the matters.

He told the court that the accused was discovered in the kitchen of the West County trying to take a chicken breast and two pork chops at around 4am on September 28.

The court heard that Mr Feely has no previous convictions.

Solicitor Daragh Hassett told the court that his client has a talent for music but had previously experienced problems with alcohol and drugs.

He said Mr Feely is involved a music programme run by the Clare Youth Services and plays with a local band.

Judge Patrick Durcan noted that Mr Feely is a talented musician who has the gift of playing music.

He commended Mr Feely for making a “very good effort” to deal with his problems. Judge Durcan, “Concentrate on your music and nothing else.”

He adjourned sentencing until July 18 to see if Mr Feely continues to make progress.

THREE members of the same family accused of smashing windows in a house as five children slept on New Year’s morning have had the charges against them dismissed.

It had been alleged that Rosie Molloy Snr (39) and her two children Michael Molloy (19) and Laura Molloy (21) caused € 475 worth of damage to the home of Thomas Sherlock and Mary Maughan at 36 Westbourne Court, Watery Road, Ennis in the early hours of New Year’s Day this year.

Rosie Molloy and Michael Molloy, both with addresses at Bay 2 Ballaghboy Halting Site, Quin Road, Ennis and Laura Molloy, with an address at 21 An Pairc Bruach na hAbhainn, denied the charges of criminal damage.

The case was heard at Ennis District Court on Tuesday.

Mary Maughan told the court that she woke up to the sound of the Molloys “roaring abuse.”

She claimed that she saw the three accused standing outside the house. Ms Maughan said a silver Polo car owned by Laura Molloy was also outside the house.

Ms Maughan said by the time she and her partner, Tom Sherlock, got dressed, all the downstairs windows were broken.

She said, “The five kids in the house were screaming and crying. The kids were in an awful state.”

Solicitor for the Molloys, Daragh Hassett said it was an unusual reaction for someone to put their clothes on as the windows of their home were allegedly being smashed.

Ms Maughan told the court that she and Thomas Sherlock had been out for a few drinks in Ennis on the night.

Ms Maughan claimed that bottles were also thrown at the house.

Thomas Sherlock said he woke at around 4.30am to a lot of “shouting and roaring” outside the house.

He said he couldn’t remember how many bottles were allegedly thrown at the house but that he cleaned them up in the morning.

The court also heard details of an alleged altercation between Mary Maughan, Thomas Sherlock and Laura Molloy outside a pub in Ennis on New Year’s Eve.

Garda Bríd Troy, who attended the scene on the night, told the court that no independent witnesses came forward to make a statement.

Garda Kelly Doolan said that all the downstairs windows had been broken but that no bottles were found at the scene.

Rosie Molloy Snr said she had been at home all night babysitting. Laura Molloy said she had been out in Ennis on the night before returning home.

Michael Molloy said he was out for a drink in Kilmihil before going to the Queens nightclub.

All three said they were “nowhere near” Westbourne Court on the night.

Mr Hassett said there were “clear inconsistencies” in the evidence provided by the two complainants.

He said no independent evidence had been provided to support the claims of the complainants.

Judge Patrick Durcan said this was “curious case” in which the accused “absolutely denied” the charges against them.

He said there was an “absolute conflict in the evidence” provided by both sides.

He said, “There is a very slight doubt and as such, I dismiss the charges against Michael Molloy, Laura Molloy and Rosie Molloy.”

Judge Durcan also made an order binding all five parties – Thomas Sherlock, Mary Maughan, Rosie Molloy Snr, Laura Molloy and Michael Molloy – to keep the peace for a period of 12 months.

THERE was unexpected good news for businesses in North Clare and South Galway yesterday with the news that the European Investment Bank (EIB) will provide a loan for the completion of the motorway connecting Gort and Galway.

The project, which has been stalled for more than two years, had looked unlikely to go ahead in the near future after a number of attempts to find a consortium willing to undertake a Public Private Partnership (PPP) on the site.

The Department of Transport confirmed yesterday that European Investment Bank had given approval, in principal, for a loan to be issued for the completion of the roads project.

According to the Department of Transport, the EIB will provide a loan of up to € 170 million for the Gort to Tuam route. This road is estimated to cost as much as € 530 million to complete in full.

It is as yet unclear whether this investment would allow the Government to further the roads using its own funds, in combination with the EIS money, or if the preferred method will be to continue on with the much used Public Private Partnership model.

A PPP would mean that a number of tolls would be put in place on the road to allow the private investors to recoup a profit from their investment.

Construction work on the road was due to begin more than two years ago but the British and Dutch partnership of BAM and Balfour Beatty pulled out of the project because of difficulties in finding investors because of concerns about Ireland’s sovereign debt.

CLARE designer, Jackie Maurer, stole the show at this weekend’s Future Makers Awards, bringing two awards back to the Banner County – including the main overall prize.

The Ballyvaughan-based designer won the inaugural Scarva Pottery Materials Award and also won the overall Future Makers Student Award.

The combined prize fund for winning both awards was € 3,000.

“These awards are fantastic. They will give me a platform and allow me to further my work. I’m absolutely thrilled,” she said.

“Nine years ago I got my work into a major exhibition in the RDS. I’ve been making pieces since I was 16 years of age.

“I started out as a functional maker, I trained with Stephen Pearce. In 2008, I went back to college and completely changed the style of my work.”

A graduate of the Limerick School of Art and Design, Jackie is renowned for her unique wearable ceramic neck pieces.

This weekend’s award recognises excellence, creativity and technical ability, and offers professional support for students to build their profile at a very early stage in their career.

With a total prize fund of € 30,000, the Future Makers awards and supports the next generation of Irish designers, helping them develop an exciting future in the craft and design industry.

Future Makers promotes and dis tinguishes craftsmanship and excellence in design for creative students and graduates at a critical stage in their career.

A total of 28 designers made it as far as the grand final, which was hosted by Sonya Lennon, host of the RTÉ One Off the Rails programme.

THE highest level of absenteeism within the HSE West is in the midwest area and more specifically among the nursing profession in Ennis, Limerick and Tipperary hospitals.

According to figures released by the HSE absentee levels within the mid west area is at 5.93 per cent, compared to 4.89 per cent in the west and 5.46 per cent in the former northwest health board area.

The sector most affected by long and short-term absenteeism is nursing in the mid-west with 6.46 per cent of staff not showing up for work on a regular basis.

Previously members of the HSE West Forum such as Clare’s Cllr Tom McNamara (FF) had warned that stress levels among nursing staff was extremely high as staffing levels were cut.

However at a recent meeting of the forum some councillors brought up the possibility that bank holiday absenteeism might be an even bigger issue, with figures requested for Friday and Monday spcific absentee rates.

At last week’s meeting of the forum, Galway’s Cllr Padraig Conneely was critical of high absentee levels across the HSE West, the councillor claiming there were issues about some staff taking long weekend by ringing in sick.

Cllr Damien Riedy asked that the members of the forum be furnished with a break down of how many staff are missing work on the Friday of bank holiday weekends and on ordinary Mondays and Fridays.

Absenteeism is an issue that the HSE continues to take very seriously according to officials.

Regional Director of Operations HSE West John Henessy told the meeting that there had been instances of disciplinary action taken due to missed work days; “I know of two staff members in the HSE who have lost their jobs due to absenteeism.”

Francis Rogers, Assistant National Director of Human Resources, said, “Attendance management is continuing to receive priority attention by the Area Task Force working closely with local service management.”

Meanwhile absenteeism in the medical and dental area in the midwest is also at an all time high at 2.77 per cent, with other patient and client care at 6.25 per cent.

A KILKEE woman has been hailed as one of Ireland’s up and coming fashion designers after being named as the overall winner of the prestigious 2012 Fashion Degree Show at the Limerick School of Art and Design.

Kaithlin McGrath from Farrihy in Kilkee beat off competition from 23 other young designers to claim the prize from a panel of judges that included designers Una Burke and Emma Kate Manley, and the Chairperson of the Council of Irish Fashion Designers Eddie Shanahan.

She scooped the prestigious award for her final year collection ‘Still Grew the Beat of Our Wings’ which was inspired by the old Irish tale of The Children of Lir.

The 21-year-old was a finalist in the recent Golden Egg Awards in Galway and did her work placement with Atilier Bordelle, a London-based lingerie brand established on bridging the gap between innerwear and outerwear.

In winning the coveted prize, Ms McGrath received the AIB Graduate Business Development Award which includes a bursary of € 2, 500 and a year’s mentoring programme with renowned retail and fashion consultant Eddie Shanahan and AIB’s Small and Medium Enterprise Specialist Maeve Duff.

Shanahan, who is the chairperson of the Council of Irish Fashion Designers works on fashion and new product development projects with Irish and international designers, deliver- ing new product development, fashion and branding seminars for Enterprise Ireland and the Crafts Council of Ireland and for several County Enterprise Boards in Ireland.

The Fashion department at LSAD, under the expert guidance of Anne Melinn, Head of Fashion Department and her team Siobhan Hanley and Michelle Molloy, has been named in the top 50 international fashion colleges and programs worldwide, a list which includes fashion colleges in London, New York and Paris. The LSAD Fashion Department is the only Irish college to be included.

“I WILL be monitoring every hospital to ensure cleanliness is up to the required standards,” vowed the new CEO of the Mid Western Hospitals Group.

Ann Doherty is almost five months in her new job and said the hospitals in Clare, Limerick and North Tipperary have made measurable progress in relation to the control and prevention of the hospital bugs.

She claims this is evident through the reduction in MRSA and C difficile rates. “However there is a continuous need to increase our effort to support progress and ensure further improvements. In short we must do better,” she said.

At the Mid West Regional Hospital Ennis positive MRSA patients are isolated and remain isolated un- til a patient is deemed to be clear of MRSA. A patient is not deemed to be clear of MRSA until all three sets of screenings, taken 72 hours apart, return negative.

Patients continue to be screened at weekly intervals whilst in hospital. In Ennis all single rooms are vacated and prioitised for isolation.

There is a similar practice at the Mid Western Hospital in Limerick, which has 51 adult single rooms, 29 paediatric single rooms and 25 twobedded rooms.

“The principles and behaviours that prevent and control Healthhcare Associated Infections are well known and apply to all health and social care services,” according to Ms Doherty.

“These principles must be delivered by all staff who apply them as part of their daily routine, to eliminate the likelihood of a patient acquiring a Healthcare Associated Infection. Patients should expect nothing less,” she said. “It is therefore, important that everyone, both users and providers of all services, realise and embrace the principle that they, individually and collectively, have a responsibility to ensure that the National Standards for the Prevention and Control of Healthcare Associated Infection are met and actively enforced across our hospitals.”