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CLARE County Council has been urged to consider new bye-laws to prevent the locking of gates at private burial grounds.

The issue was raised at the October meeting of Clare County Council. In a motion, Cllr Cathal Crowe (FF) stated, “Where privately-owned lands have to be traversed to access a burial ground I propose that, in the interest of public accessibility, this council adopts a protocol that prohibits the locking of gates. If neces- sary, I propose the amendment of an existing bye-law or the drafting of a new bye-law to facilitate this.”

Cllr Crowe told the meeting that his proposed amendment would seek the outright prohibition of locking graveyard gates or the locking of gates on a case specific basis.

He said the issue could first be considered by the Strategic Policy Committee (SPC) in conjunction with the local area office.

He said that while there is good pedestrian access to most public graveyards, the problem of locked gates in private burial grounds affected most areas of the county.

In reply, Gerard Dollard, Director of Services and Ennis Town Manager, stated, “In such instances, and more often than not, such land is used for the grazing of livestock. It is understandable that an entrance gate, particularly onto a public road would be locked in order to ensure that animals do not stray onto the public road.”

He continued, “Where gates are locked, the landowner co-operates by erecting a sign specifying the location of keys and on request arranges for the distribution of keys to, for example, the local undertaker, community group, registrar, caretaker, mobility impaired individuals who are regular visitors to a burial ground etc. Usually, a burial ground can also be accessed by a stile at the entrance.

Mr Dollard said the securing of gates is seen as necessary in some burial grounds in order to discourage anti-social behaviour.

“It is clear that the motion refers to privately-owned lands and it is my understanding that the council cannot regulate the access over such lands by way of bye-law,” he added.

A BOOK of Evidence is due to be served next month on a 70 year-old man accused of rape.

The man, who cannot be named for legal reasons, made his second appearance at Ennis District Court on Wednesday.

He is charged with three counts of raping and two counts of sexual assaulting a male.

The alleged offences are alleged to have taken place on dates unknown between January 1999 and September 2000.

In September, the court heard that in response to one of the rape charges, the accused said;

“That’s totally untrue.

“That never happened or with anyone else.”

In response to another rape charge, he said; “Totally deny that one.”

In response to the third allegation of rape, the man said, “Totally deny that also.”

On Wednesday, defence solicitor John Casey told the court the State had indicated the book of evidence would be ready in two weeks.

Judge Patrick Durcan remanded the accused in custody to appear again at Ennis District Court on November 6.

Reporting restrictions have been placed on the case.

HIP replacement patients from County Clare gathered in the Old Ground Hotel yesterday (Monday) to hear from a law firm that is taking a group action against the firm that manufactured their faulty hip implant.

Personal injuries law firm Peter McDonnell and Associates are already representing 30 Clare patients who received a hip manufactured by De Puy ASR, a subsidiary of Johnson and Johnson, between 2003 and 2010.

In 2006 the company ceased to sell any more of the implants in America, but continued to import them into Ireland and Europe.

On August 24, 2010 there was a worldwide recall on the hip implants, with patients reporting side affects from the prosthetic.

The implant was constructed of metal, and those with the implants are now subjected to on-going blood tests and scans amid fears of cobalt poisoning. Those that are found to have a high level of cobalt in their blood are then advised to have the DePuy hip removed and replaced with an alternative.

Mr McDonnell said that while to date DePuy has paid for the replacement costs of removing the hip, after care for patients, scans, blood tests and other associated costs, patients must take a case to cover any costs resulting to further damage as a result of metal poisoning.

The legal firm behind the suit un- derstands there are 170 more Clare people affected by the faulty implant and have advised them that it is not too late join the civil action.

DePuy ordered a recall of the medical device in 2010.

One woman from Kilrush who attended yesterday’s meeting, and did not wish to be named, said she was very worried.

In February 2009 she received her DePuy hip replacement, but after the operation suffered great discomfort.

In October that year, the surgeon operated on her hip again in a bid to fix the problem.

“That was two in the afternoon, at one that night I was back in surgery and had to have the whole thing replaced,” she said.

As it was 2009 she once again received a metal hip replacement and is now concerned about the longterm affect.

“I have had the blood tests but I never got the results, and my doctor can’t read them. I am worried,” she said.

Mr McDonnell said that the reading of the blood tests differ greatly from America to the British reading used in Ireland and can lead to a lot of confusion even among the medical profession.

The Kilrush lady said she was now considering yet another surgery, and would be looking for more blood tests and scans.

As there are no class actions each person must file an individual claim, according to the law firm.

When it is over a per centage of the claim is paid in fee to the firm.

A FORMER air-hostess who repeatedly breached a protection order sought by her former boyfriend has been warned that the courts are not a crèche.

Siobhan Downes (34), with an address at Childer’s Road, Ennis appeared in Ennis District Court last week charged with breaching the order on October 3.

Last month, Ms Downes avoided a jail sentence after pleading guilty to six separate breaches of a protec- tion order originally imposed by the court in February.

At the time, the court heard Ms Downes’ former boyfriend secured the order after the breakdown of the couple’s relationship.

In court last month, Judge Patrick Durcan said that Ms Downes had been unable to get over her infatuation with the man resulting in the successive breaches.

He said he would not impose a custodial sentence on condition that Ms Downes attend for regular psychiatric treatment. On Wednesday, the court heard Ms Downes had spent the past 10 days in custody after being arrested for the latest alleged breach.

Defence solicitor Turlough Herbert asked Judge Durcan to reduce his client’s bail terms from a cash lodgment of € 2000 to € 1000.

Inspector Michael Gallagher opposed the application. “This is a very serious case. I’d be loathed to accede to that request”, he said.

Judge Patrick Durcan said he had sympathy for Ms Downes, noting she has a very serious psychiatric illness. He said the court has the greatest sympathy for Ms Downes but must also protect the injured party. The court heard the man has now left the jurisdiction.

Judge Durcan reduced the terms of the independent surety required for bail to € 1000. Ms Downes was remanded in custody with consent to bail to appear again in court tomorrow (October 23).

Judge Durcan warned that if Ms Downes breached the agreement again he would deal with the matter. “This court doesn’t run a crèche for middle aged people”, he added.

RYANAIR has been challenged to deliver on a promise to grow traffic out of Shannon Airport on the back of the Government decision to scrap the controversial travel tax in last Tuesday’s Budget.

The abolition of the tax, which was originally introduced by the Fianna Fáil-led government in 2009 and fixed at € 10 only to be scaled down to € 3 in subsequent years, was seen as a major stumbling block to Ryanair passenger growth out of Shannon.

Now, on the back of its abolition and Ryanair’s commitment to grow its traffic at its Irish airports by at least 1m passengers per annum from April 2014 has led to renewed hopes that Shannon can created into a lowcost hub for the budget airline.

To this end Shannon Airport executives, along with those from Dublin, Cork Kerry and Knock, were represented at meetings with Ryanair to make their pitch for enhance flights and destinations out of the airport.

“The repeal of the air travel tax helps restore Ireland’s competitiveness and attractiveness to overseas visitors from the UK and Continental Europe in particular,” says Ryanair’s Michael Cawley.

He said the meetings with airport executives were about exploring “where we can add new routes or additional frequencies on existing routes, and deliver at least 1m new passengers which will create over 1,000 new jobs as a direct result of the Government’s decision to scrap the visitor tax”.

The chief executive of Shannon Airport says the abolition of the tax represents “a very timely and proactive move by Government to support air travel as it effectively amounts to a stimulant for both our airline customers and the airport”.

“We have already begun, in this our first year as an independent airport, a recovery in passenger numbers at Shannon so this decision by Government will boost our chances of continuing in that vein and achieving the targets we have set over a five-year period as an independent entity.

“For international airports like Shannon, this initiative may help tip the balance in our favour when it comes to convincing airline customers to enhance existing and put on new services.

“We ultimately hope that this will increase our chances of growing passenger numbers and it will have a positive knock on effect for not just ourselves but for the wider business and tourism sectors in the region we serve,” he added.

AN AGE-OLD tradition will be marked in the Carron this Sunday as a group of local herdsmen will drive hundreds of cattle to their winter home on the upland Burren pastures.

The cattle drive is the centre point for the second annual Burren Winterage Festival, which is expected to attract hundreds of late-season tourists and visitors to the Burren this weekend.

The festival is aiming to mark the age-old process of winterage, which saw hundreds of cattle being moved to the Burren at the end of the summer, where they would spend the winter in relative dryness because of the porous limestone rock of the Burren.

The process of winterage has actively helped to shape the Burren over the centuries as the cattle helped control the spread of hazel and other scrub plants into limestone pavement.

“The Winterage Weekend is all about celebrating the local commu- nity and their traditions which have assisted in the Burren receiving such international recognition,” said Brigid Barry of the Burrenbeo Trust, who are organisers the event.

“Visitors and locals alike have the opportunity to get involved in some really interesting and fun events and all completely unique and connected to the magnificent landscape that is the Burren.”

Along with the cattle drive the Winterage Festival will also include a number of unique Burren events including the Burren Food Fayre, a number of open-farm events and even a prize for the best shorthorn heifer in the Burren.

The Burren last month became the first place in Ireland to receive a European Diploma for protected areas. The diploma, which is awarded by the Council of Europe, was in recognition of the natural and cultural heritage of the Burren, something that the process of winterage has been key to over the years.

The full Winterage Festival Weekend programme is www.burrenwinterage.com.

THREE members of the same family charged over a row that occurred in the grounds of Ennis Courthouse earlier this year will be sentenced next month.

Adjourning sentence at Ennis District Court last week, Judge Patrick Durcan said, “It’s just the gross lack of regard for law and order is what troubles me.”

His comments came as a solicitor admitted there were times this year when legal practitioners feared for their safety due to a spate of disturbances.

Details of a public order incident were heard at Ennis District Court on Wednesday where Michael Molloy (19) and sisters Laura Molloy (22) and Rose Mahon (23), all with addresses at Bay 2 Ballaghboy Halting Site, Quin Road, Ennis pleaded guilty to engaging in threatening and / or abusive behaviour with intent to provoke a breach of the peace at Ennis Courthouse on June 19.

Laura Molloy and Rose Mahon also pleaded guilty to failing to comply with the directions of garda.

Inspector Michael Gallagher told the court the altercation developed when two groups of people met in the grounds of the Courthouse on a day of scheduled sitting of Ennis District Court.

Defence solicitor Daragh Hassett said Michael Molloy was pursued into the courtroom by a woman who “read him chapter and verse.”

The court heard Laura Molloy then received a phone call from the woman who told her she wished to make peace. A large number of people then gathered outside the Courthouse where a dispute developed.

“Not only was there no peace talks but war had been embarked upon” explained Mr Hassett.

Mr Hassett said there had been a period in the first half of the year when the Courthouse had been the venue for a number of rows and dis turbances. However he told Judge Durcan there had been a significant improvement in recent months.

“There was a period in here, two months, where you would fear for your safety,” he added. Mr Hassett said his clients wished to apologise profusely to the gardaí and court. Judge Durcan said it is important that people can come into the court and not observe “wild west lawlessness”.

He said it was his job to ensure respect is maintained and given.

He said this was a most serious offence and he required time to consider sentence. The case was adjourned to November 6.

ENNIS Hospital has finally received a clean bill of health from the health watchdog HIQA.

Following years of reports outly ing dangers to patients health and indeed life, the County Clare hospital was hailed the cleanest and safest in the country on Thursday when the Health Information and Quality Authority.

The unannounced inspection was refined to the new hospital extension, with its two wards the Burren Ward and Fergus Ward, inspected.

“Overall, both areas assessed in Ennis Hospital were very clean with very few exceptions,” the report said of the state of the art single-room wards officially opened by Minister for Health James Reilly in April.

“The risk of the spread of Healthcare Associated Infections (HCAIs) is reduced when the physical environment and equipment can be readily cleaned and decontaminated. It is therefore important that the physical environment and equipment is planned, provided and maintained to maximise patient safety.”

The inspectors found this to be the case in the multi-million euro building it demanded in a previous damming report.

When it visited the hospital on September 4 for the most recent report it found that it was one of the cleanest in the country although there were a few minor issues relating to the standards set to control hospital infections. These included one finding of dirt on a door joint but mostly related to inadequate signage in certain parts of the wards.

Hand hygiene was criticized in the region’s maternity hospital in the last set of hospital reports, but Ennis Hospital was found to be following HIQA protocol.

“Hand hygiene is recognised internationally as the single most important preventative measure in the transmission of HCAIs in healthcare services. It is essential that a culture of hand hygiene practice is embedded in every service at all levels,” the inspector said.

“Ennis Hospital must now develop a quality improvement plan (QIP) that prioritises the improvements necessary to fully comply with the National Standards for the Prevention and Control of Healthcare Associated Infections.

“This QIP must be approved by the service provider’s identified individual who has overall executive accountability, responsibility and authority for the delivery of high quality, safe and reliable services. The QIP must be published by the hospital on its website within six weeks of the date of publication of this report.”

However, the good news at Ennis wasn’t replicated in four other hospitals including Nenagh, which is also in the University Limerick Hospital Group.

A litany of problems at the Tipperary hospital means a follow-up inspection is required within six months, while the Mater Hospital was told that “many improvements were required” within the same time frame.

There were also risks to patients from infections discovered at St Vincent’s and Tallaght hospitals in Dublin because of unclean environments in wards.

A DECISION on bail for a 78 yearold man charged with rape and indecent assault is due to be made at Ennis District Court tomorrow.

The man is facing 24 counts of indecent assault and one count of rape contrary to the Offences Against The Person Act 1861. It is alleged the alleged offences were committed between 1971 and 1980 in areas of Clare.

The man is currently in custody on remand following a bail application at Ennis District Court Wednesday.

The court heard the man denies all charges and intends to contest the case fully. He was originally brought before the court on Thursday, October 10.

On Wednesday, defence solicitor John Casey told the court his client was applying for bail. Inspector Michael Gallagher said the State strongly objected to bail for the man, who was described in court as a Jehovah’s Witness.

Detective Garda Donal Corkery told the court gardaí objected to bail on a number of grounds including the seriousness of the charges and their belief the accused is a flight risk. The court heard the man has lived in a number of countries around the world. Det Corkery said he believed the accused would leave the jurisdiction if granted bail.

The accused’s wife told the court the couple intend to remain in Ireland for the duration of legal proceedings. The man told the court he has no reason to leave the country. “I’ve no intention of running. I’m going to face these charges,” he said.

Judge Patrick Durcan said he was reserving judgment on bail to tomorrow. The man was remanded in custody to appear again at Ennis District Court on Wednesday, October 23. Reporting restrictions have been placed on the case.

THE HSE has paid tribute to the staff at Ennis Hospital following the hospital’s most successful HIQA report to date.

Dr Con Cronin, Clinical Director for Medicine at the University Hospitals, said the hospital would also be addressing any of the deficits highlighted in the overall positive report.

“I would like to thank the staff of Ennis for their commitment to the hand hygiene programme and welcome the positive report from HIQA. We are committed to improving patient safety and the environment for patients and the report identified evidence of good practice in Ennis Hospital. We are implementing our action plan to address the deficits identified and build on the areas where we have demonstrated good practice,” he said.

“The Hospital Group recognises the importance of hand hygiene and its significant role in infection control prevention and has been working to improve hand hygiene compliance.

“Ennis Hospital provides hand hygiene training to all staff, this is mandatory training and repeated frequently. Unannounced hand hygiene audits by senior clinical staff within the UL hospitals are carried out to ensure that compliance and training is prioritised. The hospital is implementing an action plan to address any deficits identified and to build on the areas where good practice has been demonstrated,” he concluded.