Author: admin

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.

RIVER levels in Ennis are being monitored twice a day in Ennis as authorities remain vigilant of flooding.

Records from Met Eireann show that the total accumulated rainfall recorded in County Clare from January 1 to November 30 stood at 872.2mm, more than the 845.1mm recorded during the entire of 2010.

In a statement, Clare County council says this December is also expected to see the mean rainfall total for the month being exceeded with further heavy rain forecast.

Ennis Town Manager Dollard said that river levels around Ennis are monitored twice a day and that the council would continue to monitor water levels throughout the winter period.

He stated, “Our experiences from severe flooding in Ennis, and East and North Clare in late 2009 have taught us that being prepared in advance is key to effectively managing flooding when it does occur.

As well as reviewing information contained on the council website, I would urge members of the public to visit www.flooding.ie to familiarise themselves with the range of actions that can be taken in advance of, during and after flooding events.”

Mr Dollard was speaking as Clare County Council launched an online advice and information guide to raise awareness of the importance of preparing for severe weather during winter.

The ‘Be Winter-Ready’ guide has been published on the council website, www.clarecoco.ie.

Work on flood prevention measures is currently underway at a number of locations around Ennis. Pipeline work has been completed on the Lough Girroga Flood Relief Scheme while additional site investigation works are due to start at Fioruisce on the Gort Road.

According to the council, the Watery Road/Elm Park Flood relief scheme will be placed on e-tenders. A temporary pumping system for the storm drain has been put in place at the Watery Road to cater for high river levels until permanent works are in place.

The council says it is monitoring the Fergus and Claureen river lev- els.

The planning process for the St Flannans, Toberteascain – Ballybeg Lake flood relief works has been delayed due to a requirement to carry out specialised works.

Meanwhile, Fine Gael TD Pat Breen has said that the Government remains committed to the construction of phase two of the Ennis Main Drainage Scheme.

Last week it was announced that the Office of Public Works (OPW) had terminated the tendering process with immediate effect.

Deputy Breen stated that Minster for State with responsibility for the OPW, Brian Hayes, is committed to funding the € 12.8m scheme, as previously outlined in the 2012 capital works programme.

CLARE schools are being encouraged to take part in an “innovative” new equality and diversity study, details of which were announced on Saturday.

University of Limerick, Mary Immaculate College and the Clare Intercultural Network are collaborating on research that will examine the attitudes of students towards interculturalism and equality.

Coordinators are hoping to roll out the project in primary and post-primary schools around the county.

Dr Orla McCormack, lecturer in education at UL, explained, “The project is about trying to get the voice of young people and looking at their views on diversity and equality within their school and in the education system.

“We’re doing it at three levels – primary, post-primary and then with pre-service teachers at UL and Mary Immaculate College”.

She continued, “We’re going into schools and we’re conducting a number of workshops. It’s using quite innovative and participatory methods.

“ The young people are given cameras and they are given a set time to go around and get photos in their school of equality and diversity. It’s left quite and quite broad. It’s their interpretation. We’re not saying this is what it means.”

She said, “The next workshop after that they use their 15 images along with lyrics from songs and articles from newspapers to represent a scrapbook of their ideas of diversity and equality.”

The project was launched at a conference in Ennis on Saturday entitled – ‘I’m ok, you’re ok and that’s ok’.

It follows on from previous collaborations between Limerick’s universities and the Clare Intercultural Network. Dr McCormack explained that this is the first time that participatory research of this kind has been undertaken in the area of equality in Clare.

She said, “We’re hoping to start in January and hopefully have all that done in three months. The idea is that this time next year, at this conference again, we can present back the data. Based on findings from that, different directions for the project might evolve.

“We may continue using the same approach but another element may come along as well.”

Organisers are hoping for a good response from Clare schools. Dr McCormack said, “We organise everything and I suppose it’s ideal for transition-year students. It’s for workshops we could come in fully prepared and also, if teachers want to engage in it, it could be useful for teachers to gain experience.”

The research coordinators are Dr Orla McCormack, Lecturer Education (UL); Dr Eimear Enright, Lecturer Physical Education (UL); Deirdre O’Rourke, Lecturer Religious Education, Mary Immaculate College; and Maurice Harmon, Lecturer Religious Education, Mary Immaculate College.

LOCAL councillors have criticised comments from the Minister for Transport, Leo Vardakar, stating that Shannon Airport will make an € 8m loss this year.

Fianna Fáíl councillor Pat McMahon told yesterday’s meeting of Clare County Council that there is widespread concern among staff at the airport about the statement.

The Newmarket-on-Fergus councillor described the figures as “highly debatable” and the product of “creative accounting”. He was speaking as councillors debated a motion tabled by Cllr McMahon and fellow Fianna Fáil councillor, Pat Daly.

The motion states, “We request the council to make contact with the Minister for Finance, Mr Michael Noonan TD, and urge him to set up an all-party forum of Oireachtas members and representatives of the councils from the West and MidWest, seeking the continuation of Shannon Airport as a top-class international airport”.

Some councillors expressed support for the proposal though some said a forum was not the best option.

Cllr Daly told the meeting that elected representatives should have a say in the future of Shannon Airport, which he said was suffering from the absence of a clear marketing strategy. He described Shannon as a “dying airport”.

Cllr Patricia McCarthy (Ind) said Shannon might not be making a loss at all when depreciation and loan charges are taken into account.

Cllr Johnny Flynn (FG) said the problems at Shannon Airport stretch back 10 to 15 years. Cllr Cathal Crowe (FG) said the airport has “everything going for it” but a new management structure needs to be put in place. He said Shannon should be spoken about in positive and optimistic terms.

Cllr Gerry Flynn (Ind) urged all Clare TDs to put political differences aside and work together to secure the future of Shannon Airport. He said Fianna Fáíl TD, Timmy Dooley, should use his “years of experience in government” to help his counterparts in Labour and Fine Gael.

Concern was also raised over the number of US-bound flights using pre-clearance facilities at Shannon. Cllr McMahon tabled a motion stating that the council seek “detailed information from the Department of Transport on the potential for further development of pre-clearance type facilities at Shannon Airport.”

A MAN CHARGED with failing to appear before a court has been refused bail.

Martin Blunnie (23), of Beech Park, John Paul Estate, Kilrush, is charged with stealing a bottle of Yazoo at Mace, Henry Street, Kilrush, on November 15 last.

Mr Blunnie is accused of stealing two bottles of Yazoo on November 18 last.

He is also accused of failing to ap- pear in court last month.

Garda Donal Corkery told Ennis District Court on Friday that he arrested the accused at Beech Park, Kilrush, the previous day.

The garda told the court that he was objecting to bail and sought to remand the defendant in custody to appear again in court later this week.

Free legal aid was granted to the accused.

Judge Angela Ní Chondúin remanded the accused in custody to appear again in court later this week.

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.

AN off-duty garda fell to his death while fishing with his six-year-old son in Kilkee, an inquest into his death has heard.

Adrian Martin (46), from Carrickmacross, Monaghan, was fishing at Dunlicky, Kilkee, on August 25 last, when he fell “head first” over the cliffs. He was on holidays in Kilkee with his wife Helen and their young son Dermot at the time.

Ennis Coroner’s Court heard last week that Mr Martin went fishing with his son that morning, while his wife remained at their holiday home.

A witness at the inquest, Susan Kiely, recalled going fishing with her husband and three children shortly after 11 o’clock that morning. She said that after 12 noon a man – wearing a red jacket – and little boy arrived.

Shortly after there was a “torrential downpour”. The rain was so heavy that she went to her car for shelter with her children.

After the shower had passed, she said that she returned to where she had been. She saw the man and boy standing on a smooth area of rock, fishing. She said that the rock surface where she was standing was slippy after the rain.

She said she saw the man in the red jacket standing at the cliff edge. He was bent over. She then saw him falling “head first over the cliffs”. She said she did not know if he had slipped.

“I roared to my husband ‘he is going, he is going’,” she recalled. She said she then saw the young boy starting to move forwards to the cliff face. Her husband ran over to him and took him to safety.

Helen Martin recalled going on holidays with her husband Adrian and son Dermot.

She said they had gone fishing at around 11.20am and she expected them to return to their holiday home at 1.30pm. However, they had not returned by 2.05pm. She could not make contact with him by mobile phone.

She said that a short time later, she saw her son standing beside a garda patrol car which had stopped near their holiday home.

She said that a garda told her that there had been an accident and that her husband was dead. At 3.25pm she identified her husband’s body to a garda.

Garda Eoin Daly told the inquest that Kilkee Rescue Service recovered Mr Martin’s body from the water shortly after he fell off the cliff edge.

He said that according to witnesses, Mr Martin had slipped off and from his gardaí concluded that there were no suspicious circumstances and that it was a “tragic accident”.

A post mortem examination carried out on Mr Martin’s body revealed that he had sustained a deep laceration to the left side of the forehead, an abrasion to the left side of the nose, and fractures to the left elbow, right hip and right knee.

Death was due to acute cardio respiratory failure secondary to multiple traumatic injuries including skull fractures sustained in an accidental fall.

Coroner Isobel O’Dea returned a verdict of accidental death.