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A NORTH Clare developer who had a € 10.5 million judgement order by Anglo Irish Bank secured against him in October has said he is in advanced negotiations with NAMA to work out a business plan. Airtricity applied to a court for committal for failing to comply with an instalment order imposed on John Flanagan, of Ballyvarragh House, Doolin.

Sean Costello, a business development manager with Airtricity, told Ennistymon District Court on Wednesday that € 16,784 was due. He said that no payments were made on foot of an instalment order. Payments of € 1,000 a month were to have been paid, but none had been made, he said. Solicitor Jim Finnegan, for Airtricity, said he was seeking an order for committal.

Mr Flanagan told the court that he had been a developer during the boom. He told Judge Aeneas McCarthy that Anglo Irish Bank secured a judgment of € 10.5 million against him in October. He said that he has not had income since September 2008 and has outgoings including a mortgage, rent, housekeeping and food.

He said that his wife is working part-time and earns € 166 a week, which, along with carer’s allowance for a child and children’s allowance, pays the bills.

“My wife deals with it. She keeps the house going,” Mr Flanagan told the court.

The solicitor told the court that a private investigator was hired by Airtricity. He asked Mr Flanagan was he in talks with NAMA. Mr Flanagan replied, “Yes, advanced negotiations. We are trying to advance a business plan.” He said he is not receiving a salary at the moment but expects to in the future. He said he anticipates that the negotiations will be finalised in January or February.

He told Mr Finnegan that he does not have any assets to sell. Asked did he propose to pay the money due to Airtricity, he said, “There was a judgement order secured against me but I wasn’t in a position to meet that.” He said that he was in regular contact with Airtricity in relation to the money due and said he has made nominal payments of € 18 per month.

He told the court that he has two girls employed part-time in an office in Liscannor for a company that manages property. “I don’t get any income from that company,” he said.“I receive no income from any company whatsoever,” said Mr Flanagan.

On hearing that Mr Flanagan hopes to have a business plan finalised early in 2012, the judge said he would adjourn the case until February.

THE Vandeleur Garden in Kilrush has the potential to be transformed into the new flagship tourist product for west Clare and become the county’s rival to Muckross House in Kil- larney. This new vision for Kilrush’s historic visitor attraction was unveiled at a meeting of Kilrush Town Council that took place in the Vandeleur demesne on Thursday night as county architect, Ruth Hurley, revealed plans to develop a major museum on the site. The interpretative centre-type project is set to be developed over the next two years as agencies such as Coillte, Shannon Development, Clare County Council, Kilrush Town Council, Kilrush Amenity Trust and the West Clare Economic Task Force throw their weight behind ambitious plans for the old landlord estate. The ruin of Kilrush House, the seat of the Vandeleur famil that was responsible for building Kilrush, was knocked by Clare County Council in 1973, but now the authority is to spearhead new development in the courtyard area of the estate on the back on a successful application for Leader funding. “There is an opportunity for something new here,” said Ms Hurley. “We want open up the courtyard into the centre and into a museum, so there is element of enticing people into the Vandeleur facilities. “The whole idea behind this is to get funding from Leader, with a view construction beginning in 2013. It’s about taking baby steps towards a bigger picture. A lot of places started like that. Muckross House started like that, so it’s about taking smalls steps. “The built environment is there. The heritage is there. It’s about giv- ing it a new freshness and enticing people in. With the support of everyone around the table and with the support of the people of Kilrush, hopefully we can push this forward,” Ms Hurley added.

“An initial meeting was held with Leader, just to see what their reaction was to the whole concept,” revealed Kilrush Town Manager, Nora Kaye. “Leader were very receptive to the whole visitor experience.

“There is a matching funding requirement should we be successful with Leader.

We will keep this project on a priority list, to ensure that we have a place in the queue for applications,” she added.

“I don’t see why it can’t become a reality,” said Cllr Tom Prendeville (FF). “There is massive potential here and I don’t think we have realised the true potential of the Vandeleur Walled Garden – from the historical perspective as well as modifying and adapted to modern demands,” he said. “The Vandeleur Garden is a gem,” said Cllr Liam Williams (FG), who is also a member of Kilrush Amenity Trust. “This is huge for west Clare,” he added.

THE long wait finally ended for 10 Clare people who were granted Irish citizenship on Friday. The group were among a crowd of over 600 people who attended a citizenship ceremony in Cork.

The ceremony was organised by the Department of Justice and Equality and saw people from 77 different countries granted citizenship. Attendees took an oath of fidelity to the nation and received their certificate of naturalisation.

Husband and wife Leonardo Gonzalez and Aymara Ruiz were among the delighted group of people to be named as Ireland’s newest citizens. The Cuban natives, who have lived in Ennis for the past four years, say they are happy that the wait for citizenship is finally over.

“It was a great day for us,” said Aymara yesterday. Leonardo said the granting of Irish citizenship made him feel proud. “Today I am a free man” he said.

The Clare group comprised people mainly from Cuban, Chinese, Somali and Sudanese backgrounds, explained Orla Ni Eili, coordinator of the Clare Immigrant Support Centre. She said, “It’s a new feature that was brought in by Alan Shatter (Minister for Justice) to give the process of citizenship a bit more value, make it a bit more of an event.”

Ms Ni Eili explained that applicants must wait for a minimum of three years before receiving citizenship. However she said that, in some cases, people are waiting up to nine or 10 years.

“Some of the people from Clare who were in Cork on Saturday were waiting five years. There is a big backlog of applicant cases,” she added.

BUSINESS groups are calling for people to make submissions on a proposed retail development on the Clare Road.

Ennis Town Council has re-advertised changes to a planning application from Michael Lynch Ltd who are seeking permission to develop a new district centre on the outskirts of Ennis. The developers have submitted a number of reports to the council in response to a request for further information on the proposed development.

Businesses in Ennis have previously outlined their opposition to the proposal saying it would have a damaging effect on retail activity in the town centre and lead to the creation of “ghost” shopping units.

A statement from Ennis Chamber explained, “Members of Ennis Chamber, Ennis Development Forum and Ennis Street Associations met again recently to discuss the Further Information received by Ennis Town Council in relation to the proposed development on the Clare Road in Ennis”.

“Ennis Town Council has deemed the Further Information received by the developers as significant enough for a re-advertisement of the changes to the Planning Application. Therefore anyone is entitled to make a submission to Ennis Town Council in relation to the proposed development”.

Ennis Chamber, Ennis Development Forum and Ennis Street Association will be making additional submissions to the planning process prior to the closing date for receipt of submissions, which is Friday December 16.

The spokesperson added, “The organisations are encouraging anyone with an interest in this significant proposed development for Ennis to make their views known through the planning process by making a submission to Ennis Town Council by the closing date of Friday next”.

A KILLALOE man has received a three-month prison sentence after failing to pay compensation for his part in a burglary in the town in January.

James Tuohy (23) with an address at 21 Clarisford, Killaloe, was convicted at a sitting of Killaloe District Court in Ennis last week.

Tuohy and a co-accused, Vincent O’Reilly, had been ordered to pay compensation after both men were involved in the burglary of the Celtic Cat Jewelery Shop in January.

O’Reilly (21) with addresses at 4 The Rise, Cullenagh, Ballina, Tipperary and Fossabeg Scariff, did pay compensation and received a suspended sentence.

Solicitor for Tuohy, Tara Godfrey said her client would be in a position to pay compensation in a week’s time.

She said a change of address had lead to a delay in the receipt of a social welfare payment.

She told the court that at the time when the burglary was committed, Tuohy had been going through a “very traumatic” period due to his family circumstances.

She explained that he had attended the services of consultant psychiatrist and been prescribed medication. She described her client as a “very vulnerable young man”.

She said that Tuohy wanted to pay compensation but apart from social welfare payments, he did not have access to any other form of financial support.

The court heard that on the day of the burglary, Tuohy had taken medication and drank cans of Budweiser.

“He appears to have committed the offence when he was of an unstable mind”, added Ms Godfrey.

The court heard that Tuohy received a suspended sentence in December (2010) for a public order offence.

Judge Aeneas McCarthy said that Tuohy had committed burglary and been ordered to pay compensation, “He either pays it or he doesn’t”, he added. He noted that the accused “has convictions going back to 2008”.

He convicted Tuohy and imposed a three-month prison sentence. Judge McCarthy added that he would not impose the suspended sentence handed down last December. Recognances were fixed in the event of an appeal.

Solicitor for O’Reilly, Christopher Lynch told the court that his client was in a position to pay compensa- tion.

He said that since the offence was committed in January, his client has moved away from Killaloe.

He said O’Reilly did have issues with drink and drug abuse but has now sorted his life out and has enrolled in an adult education course in Nenagh.

“He’s keeping himself out of difficulty”, Mr Lynch told the court.

Judge McCarthy convicted O’Reilly and imposed a six-month prison sentence.

He suspended the sentence for a period of two years on condition that O’Reilly be of good behavior.

EAST Clare district court sittings are to return to Killaloe for a trial period of three months.

O’Donovan’s bar and restaurant, Derg Court, Ballina, Killaloe, will host the sittings from January 3.

The court will sit on the first Tuesday of every month and will also sit on extra days – on the six second Tuesdays (January, March, May, July, October and December). It will sit at O’Donovan’s for three months initially, with the option of extending the lease on a monthly basis.

The announcement by the Courts Service came after a series of temporary measures in relation to a court venue for Killaloe. The court had sat at the Lakeside Hotel for a number of years. It emerged last year that the Lakeside would not be a long-term option. It was then moved to the Kincora Hotel after months of searching for a venue by the Courts Service.

However the Kincora Hotel went into receivership and a decision was then taken to move the September, October, November and December sittings of the court to Ennis Courthouse.

The old courthouse in Killaloe is in a state of disrepair and funding is not available to renovate it.

The Courts Service has said at all times that the aim was to secure a permanent venue for the East Clare court sittings. Court sittings in Tulla and Scarriff are a thing of the past after a decision was taken to move all east Clare cases to Killaloe, a few years ago. Both members of the legal profession and gardaí have said that it would be a bad move to have the east Clare sittings in Ennis in the long-term and say that a permanent move to Ennis isn’t something that should be contemplated.

The decision on the venue for Killaloe comes amid widespread changes to court sittings across the county, which will come into effect in the New Year.

As revealed in The Clare People last month, there are proposals to centralise the service.

Under the changes, there will be specific dates for crime hearings, separate dates for civil hearings and other listed dates for hearings related to traffic offences. Criminal cases will be heard on Wednesdays, while traffic and civil cases will go before the presiding judge on Fridays.

Also, most of the hearings will be centralised to Ennis. While Kilrush cases will continue to be heard in the West Clare town, cases from North Clare are to be moved to Ennis. Shannon cases are already heard in Ennis.

THE TOWN rate in Shannon will not change next year and remains at € 2.11 for the third successive year. That is according to the Town Manager, Bernadette Kinsella, in her annual draft budget which was presented to the local town council last week.

Expenditure in Shannon is projected to drop by € 4, 500 next year – from € 149, 500 to € 145,000. Income will increase from € 39, 500 to € 41,000 in 2012, according to estimates.

The amount of money spent in a number of areas will reduce next year, including office expenses and advertising; light, heat and power; travel and subsistence; audit fees; training and the town twinning programme with Guingamp in France.

The one area where spending is poised to increase is the community scheme which is estimated to increase from € 35,000 to € 36, 500 next year.

Recoupment of the community scheme is also expected to increase, from € 21,000 to € 22, 500.

“This scheme has been very positively received in the town and has done much to tackle the problem of litter throughout the area,” said the Manager.

In her report to the council, Ms Kinsella stated that the draft budget has been prepared “in a continuing difficult economic climate”.

“This is reflected in a reduction of funds available from Clare County Council and the maintenance of commercial rates at 2010 levels in recognition of the demands being placed on the business community,” she stated.

The level of demand “does not, for the second successive year, necessitate an increase in the town rate,” she added.

General office and operational expenses have been reduced by € 1,000, which has been done “on the basis of cutbacks under all of these cost headings and will require strict monitoring and review to ensure expenditure remains within budget provisions”.

The council’s annual budget meet- ing was told that a draft Shannon Town and Environs Local Area Plan is currently in preparation to cover the period 2012 – 2018. This will replace the existing Shannon component of the South Clare Local Area Plan 2009 – 2015.

The integrated plan will be in place next year and will form the basis for a high level strategy that will promote the opportunities available within Shannon, the airport lands, the free zone and Westpark, according to the council. An extensive consultation process will get underway in the coming weeks.

A BAN on the sale of smoky coal and the growth of unregulated doorto-door operators is “crippling” the coal trade in Ennis, a meeting has heard.

Local fuel merchant and independent councillor, Frankie Neylon says businesses are struggling because of the legislation, which he described as “flawed”.

In June, the Minister for the En- vironment, Community and Local Government, Phil Hogan TD, announced that – with effect from August 1 – Ennis would be added to the list of towns and cities covered by the ‘Smoky Coal Ban’, under which it is illegal to market, sell or distribute bituminous or ‘smoky’ coal.

Under the Air Pollution Act, sellers found in breach of the ban could face fines of up to € 5,000.

Cllr Neylon told the December meeting of Ennis Town Council that traders in the town are encountering “huge problems” with the ban. He said the restrictions in place on local fuel merchants are “crippling the trade”.

He said the legislation was intended for cities and not towns of Ennis’ size.

He said there is no ban in place to prevent sellers from bringing smoky coal into Ennis, a practice he said was common.

Cllr Neylon said that if the gov- ernment are serious about banning smoky coal, “they should ban it at source”.

“Every night of the week there are people coming into town selling smoky coal,” he added.

Cllr Neylon said his own sales are down 53 per cent on last year.

A report released in September by the Environmental Protection Agency (EPA) stated that the burning of bituminous or so-called smoky coal has had an impact on air quality in Ennis.

Cllr Neylon said that if unregulated coal sellers are allowed to operate in Ennis then “emissions are going to go through the roof ”.

Town Manager Ger Dollard said the whole purpose of the ban is to improve air quality in Ennis.

He said Clare County Council, the body responsible for enforcing the ban, is willing to meet with local fuel merchants in order to discuss and resolve any difficulties.

THERE will be no increase in rates in Kilrush in 2012, but local authority chiefs have stopped short of implementing an appeal from councillors in the West Clare capital for businesses in the town to be given a boost by reducing rates for the coming year.

Rates for the new year are to remain at 2011 levels, with Town Manager Nora Kaye telling in her estimates of expenses for the next 12 months – that will be debated at a special budget meeting this Thursday – that she is “proposing a zero per cent increase in commercial rates, being mindful of the current economic climate and the difficulties that same poses for local businesses”.

Ahead of the meeting, which will reveal that Kilrush Town Council will have a budget of € 1,348,896 in 2012 as opposed to € 1,387,843 in 2011, Ms Kaye has also told councillors that “due to the current climate, an increase has been provided in refunds and irrecoverable rates”.

The council decision not to cut rates for cash-strapped businesses in 2012 comes after a year that has been described as “very problematic” when it came to the collection of rates in 2011.

“Payments by customers continue to be very problematic. Rates collection at June 30, 2011 stood at 31 per cent in comparison to 39 per cent at June 30, 2010,” Town Clerk, John Corry revealed in September.

“Kilrush Town Council is dependent on rates income to maintain its operations as it represents 38.4 per cent of annual income. The slowing payment pattern highlighted above has resulted in a considerable negative impact on cash flow.

“Kilrush Town Council is acutely aware of the commercial difficulties which rate payers are experiencing, and has adopted a practical approach in terms of payment plans to facilitate rate payers.

“However, where customers fail to engage to deal with amounts outstanding, recovery of the debt by legal means becomes necessary,” he added.

Also included in the estimates is provision for the fact that “Kilrush Town Council’s allocation of the Local Government Fund will be cut by 8.98 per cent for 2012”.

It is also forecast that income for the council from parking will be down by € 45,000 in 2012. This is because of concessions that have been implemented in the town centre.

NEARLY 600 people in Clare face the prospect of a return to the dole queues in the coming months as the future of Community Employment Schemes around the county are left hanging in the balance this week. The Clare People has learned that 560 people in Clare are directly dependent on the Community Employment Schemes for work, while FÁS have confirmed that the jobs programme provides jobs and training opportunities “in every corner of Clare”. Last week’s Budget took the unprecedented decision to abolish the FÁS operated jobs support scheme and while they have been since given a temporary stay of execution, fears have been expressed locally that the county’s 32 schemes will begin the process of winding down operations over the next few months.

“This is an anti-rural Ireland measure, it just gets worse” blasted Mayor of Clare, Pat Hayes.

“Communities in rural Clare depend on the Community Employment Schemes to help them survive. They are the only light in some communities. The programme as we know it is gone because the payment per worker has been reduced from € 1500 to € 500,” he added. “These schemes go into every part of Clare,” a FÁS spokesperson told