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A GOVERNMENT agency has been accused of intimidating Clare County Council staff in their own homes at night prior to bringing charges against the local authority.

The claim was made by county solicitor John Shaw in a report relating to two cases taken by the Environmental Protection Agency (EPA) against the local authority in the Circuit Criminal Court.

Mr Shaw said the charges arose out of an incident where it was considered necessary to continue supplying water to the town of Ennis, despite there being a problem with treating the water.

He said the problem was notified to the environmental watchdog, the EPA, as well as a proposal to rectify the issue.

“Notwithstanding the notification to the EPA, charges were subsequently brought in a manner which was to say the least, untypical of a state body.

“Council staff were approached late in the evening in their homes and intimidated into giving statements,” he said.

The county solicitor was then notified of this behaviour and arrangements made that all other statements would be made in the presence of the county solicitor.

Soon after charges were brought by the EPA under the European Communities (Drinking Water) No.2 Regulations 2007.

“The approach of the EPA in relation to this prosecution was, to say the least, high handed,” pointed out the solicitor from Michael Houlihan and Partners.

The council’s defence team mounted a defence against the case, which was adjourned three times in the circuit court.

“During the course of adjournment, the Circuit Court judge commented with regard to one public authority prosecuting another and questioned the value to the public in proceeding in this way,” explained Mr Shaw.

The DPP, and by extension the EPA, entered a “nolle prosequi” on September 24, meaning no case was to be answered.

Mr Shaw argued this should have been done much sooner or a case not brought at all as “a valid defence” would have been raised by the council.

Clare county manager Tom Coughlan was also vocal on the cost of this case, and another similar case, to the public purse.

The second case in Mr Shaw’s report referred to 20 indictable charges brought by the EPA against Clare County Council relating to the odour from Ballyduff beg Landfill site in Inagh.

Mr Coughlan explained, “Of the 20 indictable charges, 19 were ultimately struck out.

“The maximum penalty on each of these counts was € 15 million per charge.

“The council was fined € 5,000 in respect of one charge on which it pleaded guilty.

“The EPA sought costs and the council agreed to make an ex-gratis payment of € 3,700 towards the EPA’s cost.

“The council has expended considerable financial and human resources in preparing a defence against 20 indictable charges.

“Those scarce resources could have been expended on delivering and improving services for the people of the county,” said the county manager.

He added while he was satisfied with the council’s defence in relation to Ballyduff beg, he was acutely aware of the significant additional costs, which would be incurred in the event of the 20 charges going to a full hearing.

“In the circumstances, and mindful of the potential waste of public money, the council pleaded guilty to one charge in relation to Ballyduffbeg,” he said.

Mr Coughlan said he was also aware that both the EPA and the DPP must also have incurred huge costs and had agreement been reached at an early stage the cost to the taxpayer would have been significantly less.

Mr Coughlan was also critical of the EPA’s treatment of his staff while investigating the Ennis Water issue, claiming that as well as sending an investigation team to their homes at night, the agency also “commandeered an office in Áras an Contae to conduct interrogations of council staff ”.

“This had a serious impact on staff, particularly having regard to the fact that the EPA were seeking to identify individuals to possibly pursue criminal proceedings,” he said.

Concluding his report, Mr Shaw said the prosecution was particularly annoying as it was without merit and the investigations that were conducted were in a manner that was utterly unacceptable.

“Assurances have been received from the EPA to the effect that such conduct would not be repeated.”

As the report reached The Clare People late last night, the paper was unable to contact the EPA for comment at this time.

A CLARE senator has suggested a register of SIM cardholders should be established to help prevent cyberbullying.

Fine Gael senator Martin Conway’s comments came at a public meeting in Ennis on Friday that heard schools in Clare are struggling to deal with the spread of bullying through social networking sites such as Facebook and Ask.fm.

Jim Harding, director of the antibullying service, Bully 4 U, told the meeting a recent survey carried out by the service found that 85 per cent of respondents using Facebook are under 13.

He said all the complaints received by his company “are directed towards Facebook.

“Primary school teachers are dealing with Facebook issues on a daily basis. They are tearing their hair out,” added Mr Harding.

He also warned that new forms of social media such as Snapchat are being used to bully. He said vulnerable teenagers are receiving threatening images of ropes and knives.

He said there is a growing concern that online Chat Roulette rooms are being used by pedophiles to make contact with primary school children.

“These are mainly middle aged, naked men who are encouraging them [children] to take their clothes off so they can video and record them,” he explained.

“Mobile phones are the cause of most [online] bullying, the vast amount,” added Mr Harding. Senator Martin Conway told the meeting that the sale of SIM cards – a form of data storage for mobile devices – should be subject to tighter control. “Nobody should be able to walk into a shop and buy a SIM card for a tenner. You should have to produce your passport and there should be a register,” he explained. Dr Patricia Mannix McNamara of the University of Limerick’s Depart- ment of Education and Professional Studies, told the meeting cyber bullying is a major issue in Irish schools. “Schools are in crisis and they are struggling,” she said. Dr Mannix McNamara explained the relationships that foster cyber bullying are often happening in the schools. “Our schools are in crisis. We need our guidance counsellors to be talking to our children but we have so few guidance counsellors,” she said. Researcher Sharon Moynihan said a recent study of children in four counties found that 36 per cent of students admitted to posting hurtful comments or images on social networking sites. Ireland South MEP Sean Kelly hosted the a Cyber-Bullying Forum in the Temple Gate Hotel, in order to raise awareness and inspire action to prevent online bullying. “Cyber bullying, or bullying by social media, is a problem of epidemic proportions affecting mostly young people. It is a very serious challenge for parents, teachers, mental health and youth/community workers. It has fuelled a national and Europewide debate on how to best to tackle the issue,” he said.

CUSTOMERS of a Clare-based company that operates a loyalty rewards business have been warned that there was a breach in its data security, but there is no evidence as yet if any personal information was compromised. The cyber attack on LoyaltyBuild in Ennis could affect up to 43,000 customers who booked getaway breaks through the Clare born com- pany which recorded pre-tax profits of € 4.5 million last year. The company was sold in 2008 by businessmen Dominic Considine, Domhnal Slattery and Sean Lyne for € 25 million to American company Affinion. LoyaltyBuild operates loyalty schemes on behalf of three companies – Super Valu, Axa and Stena Line – and said that customers who booked breaks in the last three months may be affected. Credit and debit card details belonging to customers may have been compromised following the cyber attack however the company stressed that CVV (Card Verification Value) numbers – generally needed to complete online transactions – were not stored. Suspicion about a possible breach emerged on Friday, October 25, and a team of “expert forensic investigators” was appointed to determine what had happened. On Wednesday, October 30, it emerged that a breach may have occurred and it contacted the Data Protection Commissioner (DPC) on the Friday. A spokesman for the Data Protection Commission said its systems were encrypted, and it was not clear how much information had been taken. “The systems were encrypted, including credit card and contact numbers. They [LoyaltyBuild] took the step of notifying individuals just in case,” the office said. Customers were advised however to monitor credit card use on their accounts or take measures to alter their details like PIN numbers, or seek advice from their credit card provider. It is understood it may take up to a fortnight to determine how much information was taken.

FINE Gael delegates at Friday’s night’s convention raised issues about a selection process some claimed “disempowered” the grass roots of the party. Others argued the process was unfair to certain nominees contesting the convention to select representatives for the party in the eight-seat West Clare constituency.

A directive was issued from the central executive of the party stating that three candidates were to be elected on the night.

There was a rider on the directive however that stated one candidate would have to be selected from the old Ennistymon area, and a second candidate selected from the Kildysert Electoral Area. Of the six nominees remaining after Cree’s Johnny Pilkington withdrew, just one – sitting county councillor Bill Slattery – came from the Ennistymon area.

County councillor Oliver Garry was the sole repetitive from the southern end of the constituency and so both councillors just required one vote to secure a place on the tickets.

Disgruntled delegates were annoyed that they were then limited to select just one candidate for this hotly-contested area, claiming it was undemocratic and limited their in- volvement in the selection process.

Supporters of Councillor Gabriel Keating felt that as the only other councillor nominated on the night he should not have been the only incumbent to go before the delegates.

More raised concerns that they were sidelined in the process and were not given true ownership of the process.

ALMOST one in five Clare homes tested were found to have high levels of cancer-causing radon gas.

According to the figures released by the Radiological Protection Institute of Ireland (RPII), one home in Ennis had 10 times the acceptable level of this potentially killer gas equivalent to 2, 500 chest X-rays per year.

In addition to the home in Ennis with the highest level, a home in Clonlara had more than five times the acceptable level of the radioactive gas.

A further 14, seven in Ennis and one each in Clonlara, Corofin, Killaloe, Kilnaboy, Newmarket-onFergus, Quin and Sixmilebridge, had levels of radon above the acceptable level.

In its latest publication of results from completed radon tests in the past year and a half, more than 430 homes from across the country have been identified by the RPII as having high levels of radon.

Radon is the second larget cause of lung cancer after smoking and is directly linked to more than 200 lung cancer deaths each year in Ireland.

In Clare, 87 tests for radon gas were completed in the past year and a half and of these 16, or approximately one in five, were found to be above the acceptable level.

David Fenton, Senior Scientist at the RPII, said, “We know that Clare has a particular problem with radon and yet only a fraction of homeowners have tested. Our research shows that, of the homes already tested, there is a large percentage with high radon levels.”

“Tens of thousands of homeowners in Clare have yet to test for radon and among them are many thousands that are unknowingly being exposed to this cancer causing gas. It is really important for people to test their home for radon as this is the only way of protecting your family,” said Mr Fenton.

PEOPLE in Ennis are being encouraged to contribute to a survey examining attitudes to safety and crime in the Clare county capital.

The Community Safety Research Project is being undertaken by the Ennis Purple Flag working group in conjunction with the University of Limerick.

In February, Ennis became the first Irish town to receive the Purple Flag. The award aims to broaden the appeal and improve the standard of nighttime destinations.

In September, the working group engaged in a public consultation process in Dunnes Stores, aimed at determining if people felt safe in the Ennis at evening and night.

Following huge interest and sign-up to the Community Safety Research, led by University of Limerick’s Politics and Public Administration Department, the full survey is now available from https://www.surveymon key. c om/ s / En n i s Commu n i t ySafetySurvey.

In addition to the online survey, focus groups and desk research will be done and the research results are aimed to be available in early 2014. Details and regular updates will be available from Facebook Visit En- nis.

According to Cllr Johnny Flynn (FG), a member of the Purple Flag working group, crime statistics show an ever-decreasing trend in Ennis over the past five years.

He states public order figures have been decreasing continuously and all crime figures in Ennis down. In the years 2009-2011, the Public Order offences were down by more than 25 per cent (compared to an average of less than 20 per cent decrease nationally).

When Ennis was awarded the Evening Excellence Award Purple Flag in February this year, the town was certified with having a wellmanaged, safe and vibrant evening and nighttime economy.

Cllr Flynn explained, “Having won the prestigious Purple Flag accreditation does not mean that there will never be any crime or safety issues, but it certifies that the town has an overall consistently good safety record and that a key priority of the town is in the successful management and prevention of crimes.”

He continued, “Our work through Purple Flag, since it’s very beginning two years ago, has been supported by the local Gardaí and we are hugely delighted to learn from them in the effort to make Ennis a safer place for everyone at any time.”

CLARE County Council has access to more than 3,000 tonnes of rock salt to treat the county’s roads this winter.

The big freeze during the winter of 2010-2011 saw the local authority under pressure as it gritted the county’s main thoroughfares.

This year preparations are in place early with one third of the available salt stock currently in storage.

The 1,000 tonnes of salt in storage has been held over from last winter, which was one of the mildest in recent years.

The additional 2,000 tonnes of salt is available to the council to draw down when required from the National Roads Authority (NRA) and the Department of Transport (DTTAS).

Council staff have already participated in their first road treatment operation of the winter. The surface temperature dropped low enough last weekend for a number of trucks to be dispatched from the local authority’s depot/maintenance facility at Beechpark, near Ennis.

According to senior engineer Tom Tiernan;

“These stocks will be used to treat strategic national (excluding the mo- torway network) and non-national routes around the county during the coming weeks and months.

“For the first time the county’s motorway and dual carriageways will be treated directly by the NRA, which assumed responsibility for the national motorway network earlier this year.”

EIGHT new Clare companies were set up in just five days last week, pushing the number of start-up companies to the highest since the recession.

Company start-ups for the first 10 months of 2013 nationally were also at the highest seen since 2007 with an average of 1,302 companies being incorporated monthly.

According to solocheck.ie, eight new companies registered in Clare between November 4 and November 8. On November 8, Auris Management Limited was set up in Ennis.

The previous day, November 7, Sorafunding Limited was formed in Shannon, as was Tailor-Made Wine Walks Limited in Ennis. On November 6, Lyonford Limited was set up in Ennis and on November 5 Advance Baggage Limited was registered. Abbeyview Farm Limited was set up in the county on November 4, along with Fermata A Richiesta Limited and Pcl Aviation Services Limited.

In total 13,023 Irish companies were formed between January and October of 2013. This is over 11 per cent up on the same period last year, and every month of 2013 has seen an increase in company start-ups compared to the corresponding month in 2012.

There were almost 2,800 companies trading as normal in agriculture sector at the start of the year, this figure has increased by approximately 15 per cent to just under 3,200.

The IT sector is up 14 per cent while the health and social services, education, motor and social and personal services industries have all seen growth of over 10 per cent this year.

A LIMITED policy of pedestrianisation will be in effect in Ennis during December after a meeting heard a lack of support exists among businesses for a longer period of pedestrianisation.

The council had previously proposed pedestrianising O’Connell Street on December 7 (Saturday), December 14 (Saturday), December 21 (Saturday), December 22 (Sunday), December 23 (Monday) and December 24 (Tuesday).

At yesterday’s meeting of Ennis Town Council, Town Clerk Leonard Cleary said the council had sought the views of business people, rate payers and property owners in the town.

He said Ennis Chamber had proposed closing O’Connell Street to traffic on the final two Saturdays and the days leading up Christmas Day.

“A larger December pedestrianisation policy does not seem to be gaining currency at the moment,” explained Mr Cleary.

Under the 2013 policy, O’Connell Street will be pedestrianised from December 21 to 24. Town manager Gerard Dollard told the meeting the on / off nature of pedestrianisation had created difficulties around it.

He said until such time as the council makes a decision on whether proceed with a longer trial of pedestrianisation, the council would have to manage the existing approach.

Cllr Peter Considine said he was “disappointed” with the shorter period but agreed to support the proposal.

Welcoming the decision, Cllr Johnny Flynn (FG) expressed concern “organised begging” could undermine the council’s attempts to create a festive atmosphere in the town centre in December.

Cllr Michael Guilfoyle (Ind) called for the council to take action against so called ‘chuggers’ who have set up in front of Dunnes Stores.

Cllr Guilfoyle said pedestrians are being forced out onto the street by people collecting money for charity. He told the meeting it was only a matter of time before someone is hurt.

Councillors agreed to a limited pedestrianisation as the council announced details of a free car-parking initiative for Christmas.

Town clerk Leonard Cleary stated, “Following the success in recent years, Ennis Town Council has developed and researched a Christmas Parking Initiative 2013. A recent consultation was held between representatives of Ennis business com- munity and Ennis Town Council with the key task of promoting shopping in Ennis over the Christmas and New Year period.”

Free parking will be in place up to 12 noon daily during December to January 6 both on street and off street. Parking will be free in Cloughleigh car park until January 6. The council is also encouraging staff of shops and business owners to free up spaces close to the town centre by using alternative spaces.

Mr Cleary said the council will promote the initiative online and through media. “The business community is also taking an active involvement promoting the initiative.”

A CLARE secondary school was the subject of a suspected arson attack on Halloween night that resulted in the destruction of a resource classroom and significant damage to another. The interior of the prefab classroom at Ennis Community College was gutted in the blaze, which began shortly after 9pm on Thursday. Mindless thugs also took time to break windows in a second prefab unit, which is used for specialised classes for deaf students. Clare Fire Services were called to the scene at 9.10pm and worked hard to prevent the fire reaching the main building on the secondary school complex. Part of the nearby building suffered some external fire damage however, with part of the building also subjected to internal smoke damage. The intense heat from the fire also melted the PVC window frames. It is not yet known the cost of the damage, but a number of computers as well as the entire inside of the first prefab classroom was destroyed. There was no apparent attempt to set fire to the Unit for the Deaf after the windows were smashed with what is believe to have been a fire extinguisher. Gardaí sealed off and preserved the scene overnight while a full technical examination was carried out on Friday afternoon. Gardai in Ennis are continuing to investigate the fire, which they have described as suspicious. Two units of Ennis Fire Brigade also attended the fire at Ennis Community College. They were alerted to the incident by Munster Regional Communication System at 9.10pm and arrived at the scene just eight minutes later. The fire service got the fire under control in just over an hour and the “incident was closed down” at 10.28pm. Anyone with any information on the incident is asked to contact Ennis Garda Station.