Category: News

ALLEGATIONS of council corruption led to an hour-long debate, that went round in circles in the council chamber on Friday evening last, and eventually ended up back where it started, albeit with a happier council membership and executive.

Elaborating on his questions into council contractors, how the contracts are awarded and if the contractors are compliant with employment law, Cllr Gerry Flynn (Ind) quoted a paper “Political Corruption is not just about Brown Envelopes” and presented by Frank Flannery at the MacGill Summer School in Donegal last year.

“Among the public there is a belief that corrupt practices are endemic in political life,” said the councillor.

County Manager Tom Coughlan was quick to raise concerns about any accusations of corruption that may be contained in quoting an article that specifically referred to political corruption.

“Are you alleging corrupt practices yes or no please?” he asked the Shannon Councillor.

Cllr Flynn said he was merely quoting from Frank Flannery, adding he carefully worded his motion with council workers and union representatives.

The county manager said that none of the issues had been brought to his attention when he met with the union just “a couple of weeks ago”.

“The chamber is not the place for these issues to be raised,” he added.

In reference to a query as to whether council staff, elected members or members of their immediate family, provide goods or services either directly or indirectly to Clare County Council the manager replied;

“It is a small county. A lot of people are related to a lot of people.

“You cannot expect me to carry out a witch hunt,” adding there was a contingency in place that put the onus on the contractor, employee or council members to reveal any such information.

“If any councillor considers there are any corrupt practices in this council let me know,” he said.

“You may not be aware but your members are aware that not all contractors are compliant,” said Cllr Flynn.

“You say you are aware. Will you give me that information?

“I don’t see how I can do something if I am not given the facts,” replied the county manager.

Cllr Cathal Crowe (FF) told the chamber the issue could not be disbanded with until Cllr Flynn made it clear who he was accusing of corruption, stating a grey cloud now hung over the council.

Different members of the council called on the controversial Shannon councillor to make clear his accusation.

In an attempt to bring an end to the debate, Mayor Cllr Pat Daly (FF) “I do not think anyone is corrupt”, to which Cllr Flynn said “I didn’t say the manager or the executive was corrupt.”

“We take it from that it was the councillors that are corrupt,” said Cllr Patricia McCarthy (Ind).

“She’ll know next year when the elections are on I’ll give her a chance to come back,” retorted Cllr Flynn.

“I am the only female member here to say her is to suggest he is referring to me,” she replied angered.

“Are you corrupt?” said Cllr Flynn.

“Take that back,” Cllr McCarthy replied.

“Not for one minute did I state Cllr McCarthy or the manager is corrupt,” he conceded.

The manager then noted there were now not allegations of corruption at executive level.

Councillors then called on Cllr Flynn to name who he considered corrupt.

“Don’t start the innuendo and walk away from it and leave the mud on the rest of us,” said Cllr Joe Arkins (FG).

Eventually Cllr Flynn conceded somewhat – “not once did I say the council elected members or executive are corrupt. I was speaking in terms of speech from MacGill Summer School.”

This was enough for the council and we all got to go on with our lives – one hour later.

THE issue at the centre of the question over shadowed by allegations of corruption at this month’s adjourned meeting of the county council seemed to centre on a change in method of hiring local authority contractors.

In the public gallery were council workers frustrated at a new IT system that calculated tenders on a point system.

In his motion Cllr Gerry Flynn (Ind) asked the County Manager to provide comprehensive information concerning contractors employed by Clare County Council.

He specifically asked for a list of any of the council staff, elected mem- bers or members of their immediate family, provide goods or services either directly or indirectly to Clare County Council “in the interests of accountability and transparency in Local Government.”

The Shannon Councillor also inquired if contractors were compliant with working conditions set out by the Local Government Advisory Board such as rates of pay, pension fund, sick fund, and revenue.

He also asked for the terms of reference governing senior engineers granting contracts and if the council supplied a list of successful contractors to the trade unions.

Speaking on behalf of the council executive, Senior Executive Officer Corporate Services Michael McNa- mara said the council was not aware of any Contractor or Sub-Contractor that was incompliant with the various statutory requirements.

He also assured the councillor that a list of all successful contractors is forwarded to the unions.

“The Council’s purchasing procedures sets out levels of expenditure which staff at various levels have authority to approve subject to availability of budget.

“It is the responsibility of each approver to ensure compliance with the various statutory requirements,” he continued.

Furthermore Part 15 of the Local Government Act 2001 provides for an Ethical Framework for the Local Government Service ensure that up to 137 employees and elected members complete a declaration of occupation, land ownership, shares, directorships annually and these are available for inspection.

Cllr Oliver Garry (FG) said that in his experience the tendering landscape has changed significantly in the last five years.

“I am a director of a company but I want to make it clear we do not tender for Clare County Council contracts.

“We do tender for other public contracts but not Clare County Council,” he said.

“Anything we tender for now is 100 per cent on price. Once it was on experience, or equipment or the engineer may even have had a say, but now the only concern is price.”

CLARE could soon have a direct connection to the British throne following the bizarre revelation that Queen-in-waiting, Kate Middleton, has ancestry in the Banner County.

Middleton’s Clare connections were revealed in the House of Commons last week when a detailed genealogy of the Duchess of Cambridge was presented at an event attended by Taoiseach Enda Kenny (FG) and British Prime Minister David Cameron.

According to the genealogy, Middleton is a blood descendant of Killaloe warrior Brian Boru. The research, which was carried out by Tourism Ireland, reveals that Middleton’s ancestors, the Lupton family from Yorkshire, are descendants of a Fitzmaurice family from Kerry, who are themselves blood descendants of Brian Boru.

This news could prompt a stop in the Banner County for Kate, who is currently five months pregnant, and Prince William during their planned trip to Ireland next year. Buckingham Palace is currently finalising plans for the royal couple to visit Ireland in early 2014 but the exact itinerary for the visit has not yet been decided.

The trip is expected to take place in the first half of next year and has been planned since before Middleton’s pregnancy. The trip had been expected to be focused on the east coast, given Prince William’s time served as a rescue pilot in the Irish Sea, but the Clare connection could prompt organisers to plan a flying visit to Killaloe.

This visit would coincide with the 1,000-year anniversary of Brian Boru’s death, with thousands already expected to descend on Killaloe to mark the man who drove the Vikings from Ireland.

Middleton was in London on Sunday, where she presented shamrocks to the Irish Guards regiment in Hampshire. Should a royal visit to Clare take place, it would mean tens of thousand of extra visitors, as well as the world media, descending on the Banner County.

A TEENAGER allowed stolen property to be stored in his home in Ennis earlier this year because he “risked serious harm” if he refused, a court has heard. Dara Maloney (19), with an address at 32 Morrissey Avenue, Cloughleigh, appeared at Ennis District Court on Wednesday. He pleaded guilty to two charges of handling a stolen Dell laptop and a black Samsung flat screen TV at 32 Morrissey Avenue, Cloughleigh, Ennis on January 23 (2013).

Inspector Tom Kennedy told the court that the items were discovered following a garda search of the house at 8am on the morning in question.

Insp Kennedy said the accused told gardaí that he bought the goods of a man whom he did not identify.

The court heard the laptop was stolen from a house in Kilnamona last December. The television was stolen during a separate house burglary.

Mr Maloney is not charged in connection with the burglaries.

Defence solicitor Daragh Hassett said his client had been pressured into storing the stolen items in his home. Mr Hassett said a person known to the gardaí had taken advantage of his client, warning Mr Maloney he “risked serious harm” if he did not co-operate.

In reply, Insp Kennedy said the accused had been “less than co-operative” in telling guards where the goods came from.

Mr Hassett said his client had not been forthcoming to gardaí because he “feared for his life.”

The court heard the accused had been a good soccer player who obtained his leaving cert and is now hoping to secure work in London.

Judge Patrick Durcan said he appreciated that Mr Maloney had potential. However, he added that anyone who “plays a role in the supply of capacity to thugs” who break into homes is as guilty as they are.

Judge Durcan commented that the fact that thieves and robbers now required storage facilities adds a new dimension to the crime of burglary in Clare. He imposed a three-month sentence on each charge, suspending the sentences for 12 months. Recogances were fixed in the event of an appeal.

TWO Galway men have received prison sentences after pleading guilty to the burglary of a house in Druncliffe last March.

Christopher Morrison (25) and Michael Flaherty (26) were discovered attempting to enter the building at Drumcliffe on March 23 (2012).

Passing sentence at Ennis District Court on Wednesday, Judge Patrick Durcan said this was an “appalling offence because it damages rural Ireland”, creating suspicion and fear.

He said, “This is the kind of offence that is becoming all too prevalent in rural Ireland.”

Mr Morrison, with an address 117 Slí Geal, Ballymoneen, Road, and Mr Flaherty, with an address at 11 Lismoor, Cappagh Road, Barna, Galway, were found to have engaged in a joint enterprise.

Mr Morrison was discovered by the property owner’s father on the curtilage of the building. A window at the rear of the house had been forced open, the court heard.

Mr Flaherty was in a car in which both men fled the scene. The men were later stopped outside Gort.

Two laser lights were taken and subsequently recovered, the court heard.

Outlining the facts of the case, Inspector Tom Kennedy said the house owner’s father noticed the car parked outside his daughter’s house.

Insp Kennedy said burglaries of this type in rural areas are on the rise. He said it was “lucky” that the owner’s father was in the area at the time. The court heard Mr Morrison has 53 previous convictions and is currently serving a sentence for burglary. Mr Flaherty has a previous conviction for a road traffic offence.

A charge brought last year against Mr Flaherty for the offence was dismissed due to a “breakdown in the State’s case”, the court heard.

Solicitor for both accused, Daragh Hassett said Mr Morrison, a father of two, had turned to crime after coming under “severe financial pressure.”

Mr Hassett said, “There were a number of options open to him but he took the unlawful option.”

The court heard Mr Morrison met Mr Flaherty while they both worked in a hostel.

They had come to Ennis to buy car parts before committing the offence.

Both men admitted their roles to gardaí and cooperated fully, the court heard. Mr Hassett said the pair admitted they were part of a joint enterprise.

Mr Flaherty, the court heard, is still in employment and well regarded.

Mr Hassett said, “He’s come back, manned up to the charges and pleaded guilty almost 12 months later.”

Mr Hassett urged the court to impose suspended sentences in both cases.

Judge Patrick Durcan said it was obvious that the accused had “cased the joint knowing it would be empty.”

He said Mr Flaherty had shown a total disregard for the law of the land while Mr Morrison has a “record as long as your arm”.

Judge Durcan sentenced Mr Flaherty to eight months in prison with the final three months suspended.

Mr Morrison was sentenced to 10 months in prison; consecutive to the sentence he is currently serving. The new sentence is to begin on August 25

Both men were also disqualified from holding a license for five years.

Judge Durcan said he was of the view that both defendants used the car as an aid in the commission of a serious offence. Recogances were fixed in the event of an appeal.

TWO friends who engaged in what a Judge described as “intolerable behaviour” on a main street in Kilrush last year have received prison sentences. John Keenan (31) and Martin O’Brien (31) were involved in a fight on Henry Street, Kilrush on July 6 (2012).

Both men appeared before Ennis District Court on Wednesday. Mr Keenan, with an address at Waterpark Heights, Ennis and Mr O’Brien, with an address at the Bungalow, Wood Road, Kilrush, pleaded guilty to engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.

Inspector Tom Kennedy told the court that the scuffle between the pair led to the window of a nearby pharmacy being broken.

Mr O’Brien has 35 previous convictions and Mr Keenan has 72 previous convictions, the court heard.

Solicitor for Mr O’Brien, Daragh Hassett said the pair had fallen out “over something so stupid they can’t even remember.”

He said Mr O’Brien immediately had the window replaced after the incident.

Solicitor for Mr Keenan, William Cahir, said this was an incident between two friends that would not normally occur.

The court heard the men, who are both currently serving prison sentences, pleaded guilty to the offence at the first possible occasion.

Judge Patrick Durcan said this was a row that occurred at 12.15pm while people in Kilrush were going about their business.

He added, “This kind of behaviour on a street in daytime is intolerable.”

Noting their guilty pleas, he imposed a two-month sentence on each accused, consecutive to the sentences currently being served.

Recognances were fixed in the event of an appeal.

Judge Durcan remarked he had observed both accused during proceedings. He said they seemed to be enjoying their day in court.

He added, “It seems (they got) as much enjoyment as sitting down for the day watching Cheltenham.” A T EEN A GER who admitted damaging and stealing fromcars in areas of Sixmilebridge last year has been told he must abide by the directions of the Probation Services. Last December Mark Burke (19), with an address at 26 Beechwood Grove, Sixmilebridge, admitted to the theft of Sat Nav systems fromcars in O’Garney Heights and Oakwood and to the theft a wallet and portable cd player fromcars in Oakwood and O’Garney Heights. He also pleaded guilty to two charges of criminal damage at Beechwood Grove and O’Garney Heights.All of the charges relate to September 9 (2012).The court heard Mr Burke forcibly entered two cars and took items fromthem.The court heard Mr Burke was intoxicated on the night having consumed 20 Xanax tablets and vodka.The accused co-operated with gardaí and paid compensation. Mr Burke has no previous convictions. Sentence was adjourned pending a report from the Probation Services. At Ennis District Court onWednesday, Judge Patrick Durcan said he was concerned that the report stated that Mr Burke had been reluctant to engage with the services. Defence solicitor Stiofan Fitzpatrick acknowledged issues had arisen but said the report ended on a positive note for his client. He said Mr Burke had commenced a training course and is currently abstaining fromalcohol and other substances. Mr Fitzpatrick added,“I believe he is on the cusp of turning a corner.” Judge Durcan noted the accused’s difficulties, good record and the support provided by his family. He also acknowledged the traumatic effect of the death of the Mr Burke’s father. However, Judge Durcan said these were serious offences and the Probation report had indicated a high risk of re-offending. Directing Mr Burke to remain under the supervision of the Probation Services, Judge Durcan adjourned the case until April 10. Judge Durcan said if he was happy that progress was made, he would adjourn the case after that for a further two months. T W O MEN have been ordered to pay a contribution to charity after pleading guilty to their roles in a “serious public order incident” that occured in Shannon on NewYear’s Day The incident, which Ennis District Court heard, involved as many as 14 people, occurred at the Cluann Alainn estate near Hurler’s Cross on January 1 (2013). Two Sixmilebridge men John Cahill (21) and David Aherne (21) appeared in court onWednesday charged in connection with the incident. Mr Cahill, with an address at 32 Cluain Driochead, Sixmilebridge, pleaded guilty to a charge of trespass. Mr Aherne, with an address at Riverview, Ballysheen, Sixmilebridge, pleaded guilty to a charge of engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace. Inspector TomKennedy said this was a “serious public order incident” that occurred in the estate at around 4.45amon the morning in question. The court heard Mr Aherne and Mr Cahill travelled to the area fromShannon town centre in a taxi. The court heard the accused went to the house of a person alleged to have been involved in a dispute with their friend. Inspector Kennedy said between 12 and 14 people arrived at the house in three taxis, two fromShannon and one fromEnnis. A married couple, their two children and one grandchild were in the house on the night. In total, seven people have been charged in connection with the incident. The court heard that on the night, David Aherne was shouting and roaring while John Cahill trespassed on the property. Inspector Kennedy said the accused’s invovlement “forms part of a bigger issue” alleged to have occurred on the night. Addressing Judge Patrick Durcan, Insp Kennedy said,“It is a very unusual public order incident and you will hear more about it.” Neither man has any previous convictions. Defence solicitor Daragh Hassett said his clients had been on the way home to Sixmilebridge and were brought by taxi to the house. “They were in the wrong place at the wrong time,” he added. He said there had been a “herd mentality” on the night in question. Mr Hassett said he was confident his clients would not be before the court again. He said,“This was an unsavory incident but they were at the very edge of it.” Judge Patrick Durcan said it was obvious that alcohol had played an involvement, a point accepted by Mr Hassett. Judge Durcan said,“They were souped to the gills and didn’t knowwhether they were coming or going.” Judge Durcan noted the accused’s good record and early guilty pleas. He said that while he wished to emphasise his revulsion at what happened on the night, he was not going to criminalise the pair. He said that if each man paid of sumof €600 to the court poor box by April 17, he would strike out the charges.

A DUBLIN man alleged to have stolen money from a shop on the Gort Road near Ennis is due to have his case heard next month.

Adam Cornel (23), with an address at 25, The Garth, Kingswood Heights, Tallaght, Dublin 24, appeared before Ennis District Court on Wednesday.

Mr Cornel is alleged to have stolen € 100 from Hogan Motor’s Gort Road, Ennis on May 21 (2011).

The accused was represented in court by barrister Brendan Glynn. Mr Glynn told the judge that his client would be contesting the robbery charge.

Mr Glynn made an application for legal aid.

He also requested that legal aid be backdated to include Mr Cornel’s earlier court appearance.

Judge Patrick Durcan said he wanted proof that Mr Cornel’s legal representative were in court on the previous date.

The case was adjourned for hearing until April 11.

THE Brothers of Charity in Kilrush have called for a change of attitude when it comes to traffic management in the town.

A delegation from the organisation called for more pedestrian crossings and safer footpaths in the West Clare town at this month’s meeting of Kilrush Town Council.

Antonio Cebas, an employee of the Brothers of Charity, told the council that a number of changes have to be made to make moving around the town for pedestrians, and especially for people with a disability, safer.

“There has to be a change in mindset that includes all pedestrians and cyclists as well,” he said.

Service-user Kathleen O’Leary has been a campaigner for better pedestrian access in the town for a number of years. She was joined by other services-users at the council meeting and they outlined the challenges they face on a daily basis as they move around the town.

The group highlighted the need for zebra crossings on Toler Street and Francis Street, as well as Fahy’s Road and O’Gorman Street.

Crossing from the Square and the town hall to any of the surrounding streets is all but impossible for pedestrians who may have even a slight disability, a fact that was recognised and accepted by the council mem- bers and executive.

All in attendance agreed that outside the library is also problematic.

Ms O’Leary also raised concerns about the condition of certain footpaths in the town.

“I had a bad fall there and was in the hospital for a few days,” she said.

Other members of the delegation raised concerns about speeding in the town and how they are afraid to cross the roads in the evening.

Town Clerk John Corry asked the group to report any loose cobbling that they come across to the council so it can be addressed immediately.

“It would also be useful if you were to make a complaint to the gardaí as well [in relation to the speeding],” he added.

Cllr Ian Lynch (FG) added that it was a shame that citizens of the town had to come into the chamber to tell the council what it already knew and had been highlighting for years but with no success.

He said the council was also struggling to get the Road Safety Authority to see its point of view in relation to certain road safety issues in the town.

Ms O’Leary asked when the group would be meeting again with the council, adamant that some changes should be made soon.

No date was set, but the council agreed to discuss the matter at its next traffic management meeting.

PLANS to develop a 70,000-squarefoot retail development on the outskirts of Ennis have been turned down by An Bord Pleanála.

Michael Lynch Ltd had sought permission for the (1) Demolition of all structures on site including 5 residential units, office block and all ancillary buildings; (2) Provision of a public plaza fronting on to the Limerick Road (3) A retail development and 610 parking spaces.

The developers had said the project would create 300 jobs in construc- tion and between 180 and 200 permanent jobs.

Planning permission for the proposed € 34 million project was refused last year by Ennis Town Council. That decision was appealed to An Bord Pleanála who last week upheld the council’s decision not to grant planning permission.

An Bord Pleanala cited the number 1 reason for the refusal of the proposed development on the Clare Road as that the quantum of retail space, particularly the scale of the non-bulky comparison element, and its location outside and remote from the town centre of Ennis as well as the lack of any connectivity with the retail core.

The report states that such a development “would fail to provide for synergy with the established shopping centres and would adversely affect the vitality and viability of the existing town centre”.

The decision went on to say that having regard for the Retail Planning Guidelines for Planning Authorities to apply the Sequential Approach in a realistic and flexible manner, the Board was not satisfied that no alternative site in the town centre or edge of town centre was considered suitable, available and viable.

The Board stated that the proposed development would be premature pending the upgrade of the Clareabbey Wastewater Treatment Plant. In upholding the Council’s decision, the Board also stated that the proposed site is a flood zone and is rated as “high to moderate flood risk” in the Ennis and Environs Development Plan 2008-2014.

The decision was welcomed by Ennis Chamber of Commerce who had opposed the project. Chamber President Michelle Madden, “Ennis Chamber is pro-development and welcomes increased competition and enhancement in the retail offering of the town. However such developments must be of the correct scale and take place in a sustainable manner which ensures that the businesses and employees who have invested their livelihoods in Ennis are maintained”.

Any application to the High Court for a judicial review of the decision must be made within eight weeks.

Ennis Town Council is currently drawing up plans to guide the future development of the site of Ennis National School. The Kilrush Road site will become vacant when the school moves to a new location in Ashline later this year.

THE Mayor of Ennis says he hopes the twinning arrangement between the town and the American city of Phoenix will last beyond the proposed abolition of Ennis Town Council next year.

Councillor Peter Considine was speaking at civic reception in Waterpark House on Friday held to mark the 25th anniversary of twinning of Ennis and Phoenix.

Since the formation of the twinning relationship in 1988, civic and community leaders from both sides of the Atlantic have visited each other on exchanges and have developed strong ties and personal friendships.

The reception was attended by a large delegation from Phoenix including 35 members of the St Mary’s Catholic High School Marching Band.

There were also performances by young musicians from Barefield National School and Maoin Cheoil an Chláir.

Recalling his first visit to Phoenix in 1976, Cllr Considine paid tribute to the links forged between the two communities over the years. He also expressed hope that the ties would be maintained in the future.

Cllr Considine said, “Once gone these ties are nearly impossible to recreate. Thankfully both Ennis and Phoenix see the benefit of twinning and continue to provide support.

“Even though this council will be finishing up in 18 months time, certainly both the commitment of the elected representatives from this council and the executive is very strongly in favour of this commitment and I hope it will continue into the future.”

He added, “In celebrating our 25th anniversary, we are also celebrating ties that were forged by emigration from Ireland to America and the contribution made in every field by the Irish in America. This Irish/American connection has a long and strong future judging by the links between both our communities.

“The Irish have a close a relationship with the American people that is certain to maintain and enhance that connection. At a time when opportunities were denied to them at home, American provided a road to material progress to millions of Irish men and women. Here they would develop as far as they’re abilities would allow them.”

Cllr Considine said, “At the same time their achievements in their new home provided a source of inspiration for those who stayed in Ireland, clear proof of what they themselves could achieve.

“The economic ties between Ireland and America remain very, very strong. Since the 1960s, America has been responsible for most of the inward investment to Ireland. It was vital in the creation of employment and the building up of our industrial sector.

“Both countries have been working trading partners since colonial times. Likewise, tourism and cultural exchanges are lively and flourishing.”